Minded Youth, limiting the age of pupils to be received into said school to sixteen years and under, repealing all laws in conflict herewith, and declaring an emergency, approved March 4, 1891."

SEC. 5. For the purpose of carrying into effect the pro- $40,000 visions of this act, the sum of forty thousand dollars, out of any money in the State Treasury not otherwise appropriated, or so much thereof as may be necessary, is hereby appropriated.

CHAPTER XCVII.

AN ACT supplemental to an act entitled "An act to provide for a general system of common schools, the officers thereof, and their respective powers and duties, and matters properly connected therewith, and prescribing the fees for certain officers therein named, and for the establishment and regulation of Township Libraries, and to repeal all laws inconsistent therewith, providing penalties therein prescribed," approved March 6, 1865, and all acts amendatory thereof and supplemental thereto, and declaring an emergency.

district

SECTION 1. Be it enacted by the General Assembly of Abandoning the State of Indiana, That no Township Trustee shall schools. abandon any district school in his township until he shall have first procured the written consent therefor signed by a majority of those legal voters who are entitled to vote for Township Trustee in such district: Provided, This Proviso. act shall not apply to schools which have an average daily attendance of twelve (12) pupils or fewer. It shall be the duty of every Township Trustee to re-establish any district school so abandoned upon the written petition of two-thirds of the legal voters who are entitled to vote for Township Trustee in such district.

SEC. 2. An emergency existing for the immediate Emergency. taking effect of this act, therefore the same shall take effectand be in force from and after its passage.

Surveyor must

locate line.

CHAPTER XCVIII.

AN ACT to regulate the trial and judgment in an appeal from a survey by the County Surveyor of boundary lines and corners between adjoining lands.

[H. 193. APPROVED MARCH 8, 1901.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That, on the trial of any appeal from a survey and perpetuation by a County Surveyor of any boundary line between adjoining lands and the corners. thereof, if the court finds against such survey so appealed from, it shall find and determine the true boundary line between such adjoining lands and the corners thereof, and order the County Surveyor to locate and perpetuate such line and corners according to such findings, by depositing in the proper places below freezing point a stone or other durable material and mark and make entry thereof in his field notes, as required by law.

Providing for

CHAPTER XCIX.

AN ACT providing for the regulation of the operation of steam railroads, providing for signal lights upon switches, and providing a penalty and a liability for the violation thereof, and repealing all laws and parts of laws in so far as they conflict therewith.

SECTION 1. Be it enacted by the General Assembly of signal lights. the State of Indiana, That every steam railroad company operating wholly or partly in the State of Indiana, shall place and maintain upon each switch in said State that is connected with the main track a signal light attached in such manner to the moving panel of such switch that it will indicate safety when such switch is set to such main track, and that will indicate danger when such switch is not set to the main track. Said light shall be kept brightly burning constantly between the hours of sunset and sunrise, and on such days or parts of days as are dark and foggy.

Location of lights.

SEC. 2. That every steam railroad company operating wholly or partly in the State of Indiana shall maintain a signal light, as in Section 1 described and provided, at

tached to and operated by the moving panel of every derail switch in the State of Indiana. Said light shall be attached to such derail switch and be in plain view of all approaching trains, and kept brightly burning constantly between the hours of sunset and sunrise: Providing, That this section shall not apply to the derails which are connected, mechanically or otherwise, with what is generally designated as the home signal at interlockings.

employe.

SEC. 3. That for any violation of or failure to comply Liability for with any of the provisions of this act such company shall injury of be liable to all persons and employes injured by reason thereof, and no employe shall in any case be held to have assumed the risk incurred by reason of such violation or failure.

SEC. 4. Any company, or person whose duty it is to Penalty. carry out the requirements of this act, who shall violate any of the requirements or provisions of this act shall, "for cach violation thereof," be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than twenty-five dollars nor more than five hundred dollars.

repealed.

SEC. 5. All laws and parts of laws in conflict herewith Laws are hereby repealed.

CHAPTER C.

AN ACT to amend Section one (1) of an act entitled "An act to amend Section two (2) of an act entitled 'An act concerning drainage and repealing certain laws relating to drainage, prohibiting the obstructions of drains established under the laws of this State, prescribing the penalty therefor, and declaring an emergency,' approved April 6, 1885, approved March 9, 1889, and also to amend sections three (3), five (5) and seven (7) of an act entitled 'An act concerning drainage and repealing certain laws relating to drainage, prohibiting the obstruction of drains,, established under the laws of this State, providing the penalty therefor and declaring an emergency," approved April 6, 1885, and declaring an emergency.

[H. 268. APPROVED MARCH 8, 1901.]

SECTION 1. Be it enacted by the General Assembly of Act amended. the State of Indiana, That Section one (1) of an act entitled an act to amend Section two (2) of an act entitled, "An act concerning drainage and repealing certain laws

11-LAWS.

Drainage through and upon streets

and alleys of towns.

Contents of petition.

Description by lots.

Jurisdiction of court.

Description

of right of way.

relating to drainage, prohibiting the obstruction of drains established under the laws of this State, prescribing the penalty therefor, and declaring an emergency," approved April 6, 1885, approved March 9, 1889, be amended to read as follows, to-wit:

Section 1. Be it enacted by the General Assembly of the State of Indiana, That Section two (2) of the above entitled act be and the same is hereby amended to read as follows:

Section 2. Whenever any owner or owners of any separate and distinct tract, or tracts of land lying outside the corporate limits of any city or town in this State which would be benefited by drainage and which can not be accomplished without extraordinary labor and expense, as determined by the court: Provided, also, That where such drain passes through the corporate limits of such city or town, the same shall be located in, upon and along the streets or alleys thereof whenever the same may be practicable, without affecting other lands, shall desire such drainage, or which can not be accomplished in the best and cheapest manner without passing through the corporate limits of such city or town, such owner or owners may apply for such drainage by petition to Circuit Court or Superior Court of the county in which the lands of the petitioner or petitioners are situated. The petition shall describe in tracts of forty acres according to fractions of government surveys, or less tracts when they exist, and in Clark's grant and the French grant, and all pre-emptions of Indian reservation in such tracts are owned, the lands of others which it is believed will be affected by the proposed drainage, and give the names of the owners thereof, if known, and if unknown shall so state. If any of the lands to be benefited lie within the corporate limits of any city or town in this State, the same shall be described by lots and the numbers thereof as shown by the plat books of such city or town. Such petition shall be sufficient to give the court jurisdiction over all lands described therein and power to fix a lien thereon, if they are described as belonging to the person who appears to be the owner according to the last tax duplicate or record of transfer kept by the section of the county where the same is situated. If the right of way of any railroad company is believed to be affected, it shall be sufficient to describe it as the right of way of such railroad company, naming it, through section, township and range, giving the numbers of the same. It shall also state that in the opinion of the petitioners either

that the public health will be improved, or that one or more public highways of the county, or street or streets of, or within the corporate limits of, a city or town, will be benefited by the proposed drainage, or that the proposed work will be of public utility; and it shall state generally the method by which it is believed such drainage can be accomplished in the cheapest and best manner, and the belief of the petitioners that the costs, damages and expenses of such drainage will be less than the benefits which will result to the owners of the lands likely to be benefited thereby. And all assessments made upon the owners of such tracts, parcels and lots of lands as may be benefited by such drainage shall be in such equitable proportions as such drainage commissioners may deem just: Provided, Proviso. That in all cases where such drain passes through the corporate limits of any city or town, as in this section provided, affecting the lands in such city or town, two-thirds in number of the land owners named in such petitions and representing or owning two-thirds of the lands affected by such drain in the county or counties where the lands affected are situated, shall remonstrate in writing against the construction of such drain or ditch, such petition shall be dismissed at the cost of the petitioners: Provided, also, Proviso as to That at the time of the filing of said petition said petitioner petitioner. or petitioners shall give a bond with good and sufficient freehold sureties payable to the State, to be approved by the court conditioned to pay all expenses in the event the court shall fail to establish said proposed drain.

bond of

amended.

SEC. 2. Be it further enacted, that Section three (3) of Section an act entitled "An act concerning drainage and repealing certain laws relating to drainage, prohibiting the obstruction of drains established under the laws of this State, prescribing the penalty therefor and declaring an emergency," approved April 6, 1885, be amended to read as follows, to-wit:

owner or

Section 3. Whenever the petitioner or petitioners shall Notice to file their petition in the Clerk's office of the Circuit Court, occupant. he or they shall fix and note thereon the day set for the docketing thereof and shall give the owner or occupant of each tract of land described in said petition, who is a resident of the county or counties in which said land is situated, notice thereof by serving upon such owner or occupant a written or printed notice setting forth the route of such drain as described in the petition, the fact of the filing and pendency of such petition, and when the same shall be docketed, which notice may be served by the pe