in the incorporation of the town of Otterbein, Benton County, Indiana, be and the same are hereby declared to be legal and valid, and all elections of officers of said town of Otterbein and all official acts, ordinances, resolutions, by-laws, minutes and proceedings of the Board or Boards of Trustees of said town, and all tax levies, orders and steps taken for the collection thereof for and within said. town, are hereby declared to be legal and valid, provided this act shall not affect pending litigation.

SEC. 2. Whereas, an emergency exists for the immedi- Emergency. ate taking effect of this act, therefore the same shall be in full force and effect from and after its passage.

CHAPTER CXXXVIII.

AN ACT concerning the collection of delinquent taxes in counties having a population of more than 100,000 according to the last preceding United States census, providing penalties and fees, and declaring an emergency.

[H. 576. APPROVED MARCH 9, 1901.]

delinquents.

SECTION 1. Be it enacted by the General Assembly of List of the State of Indiana, After the first Monday in May, the Treasurer of all counties in the State having a population of more than 100,000 by the last preceding United States census, shall cause a list to be made of the delinquents, with the amount due from each, and with a separate column headed "Return," which list shall be certified to be correct by the County Auditor, and shall then proceed with such list, which, when so certified shall be sufficient authority and have the same force and effect as an execution, to call, either in person or by deputy, upon every person named in the duplicate who is delinquent, and who resides in the county, and he shall make a demand for the amount of such delinquent taxes and the penalty thereon of each resident delinquent, and if the taxes and penalty are not paid on such demand he shall proceed immediately to levy upon sufficient personal property of such delinquent to pay such taxes, penalty, and the costs of sale and to sell the same in the manner and at the place hereinafter provided. In case such delinquent tax and penalty is paid upon de- Treasurer's mand, said Treasurer shall charge and receive from such delinquent, in addition to the taxes and penalty, the sum of fifty cents for such demand, which shall belong to the

fee.

Special

return.

Fees for levy and sale.

Emergency.

Treasurer in addition to his salary provided by law. When he can find no personal property of such delinquent, within the county, upon which to levy, after delinquent [diligent] search therefor, he shall make, opposite the name of such person on the said list, in the column marked "Return," a special return setting forth the fact that he had made diligent search in the county for personal property of such delinquent, and was unable to find any upon which to levy for the payment of the taxes due thereon, which return shall be prima facie evidence of the facts therein recited, and the Treasurer shall, if he have reason to believe that such delinquent have money, effects or other property, in his possession, or on deposit, that can be reached by any remedy known to the law, make known such facts to the Prosecuting Attorney, who shall cause such proceedings to be brought as will secure the payment of such delinquency, and for his services in so doing he shall receive ten per cent. of such money so collected, and a docket fee of ten dollars to be taxed as costs in such action and paid out of the moneys so collected.

SEC. 2. For the levying and making such sale of personal property to pay delinquent taxes in addition to the fee for a demand upon the resident delinquent, the Treasurer shall be allowed the same fees and charges as are allowed by law to constables for making levy and sale of personal property on execution, and expenses for taking care of property levied upon, which shall belong to the Treasurer in addition to his salary provided by law.

SEC. 3. Whereas, an emergency exists for the immediate taking effect of this act, therefore this act shall be in force from and after its passage.

Legalizing

CHAPTER CXXXIX.

AN ACT to legalize certain expenditures and debts made and created by Township Trustees of Luce Township, Ohio Township, Hammond Township, Jackson Township, Grass Township and Clay Township, all in Spencer County, State of Indiana, upon the consent and approval of the respective Advisory Board and declaring an emergency.

[H. 595. LAW WITHOUT GOVERNOR's signature March 9, 1901.] SECTION 1. Be it enacted by the General Assembly of expenditures the State of Indiana, That all expenditures and debts heretofore made and created by the Township Trustee of Luce Township, by the Township Trustee of Ohio Township,

and debts of

certain township

trustees.

by the Township Trustee of Hammond Township, by the
Township Trustee of Jackson Township, by the Township
Trustee of Grass Township, and by the Township Trustee
of Clay Township, all of said townships being in Spencer
County, State of Indiana, not embraced in the estimates
and levies, existing at the time such expenditures and
debts mere made and created, upon the special advice or
approval of the respective Advisory Board and in all things
according to law, except, that such Advisory Board failed
to authorize the Trustee to borrow a sum of money named
by special order entered and signed upon their record,
sufficient to meet such emergencies, are hereby legalized
and made valid: Provided, That this act shall not affect Proviso.
pending litigation. Provided, further, That the Township
Advisory Boards in the several townships herein men-
tioned shall first determine whether or not such Advisory
Board or Boards by their special advice or approval au-
thorized said Trustees to make such debts and expenditures
and failed to authorize the Trustees to borrow a sum of
money named by special order entered and signed upon
their record or records.

SEC. 2. Whereas an emergency exists for the immedi- Emergency. ate taking effect of this act, the same shall therefore be in force and effect from and after its passage.

CHAPTER CXL.

AN ACT to amend Section five of an act entitled "An act providing for the suppression of mob violence, defining the crime of lynching, providing a penalty therefor, and declaring an emergency," approved March 6, 1899; and declaring an emergency.

[S. 7. APPROVED MARCH 9, 1901.]

SECTION 1. Be it enacted by the General Assembly of Act amended. the State of Indiana, That Section 5 of an act entitled "An act providing for the suppression of mob violence, defining the crime of lynching, providing a penalty therefor, and declaring an emergency," approved March 6, 1899, be and the same is hereby amended so as to read as follows:

sheriff for

Section 5. If any person shall be taken from the hands Removal of of a Sheriff or his deputy having such person in custody, failure to and shall be lynched, it shall be conclusive evidence of duty.

perform his

Proviso.

failure on the part of such Sheriff to do his duty, and his office shall thereby and thereat immediately be vacated, and the Coroner shall immediately succeed to and perform the duties of Sheriff until the successor of such Sheriff shall have been duly appointed, pursuant to existing law providing for the filling of vacancies in such office, and such Sheriff shall not thereafter be eligible to either election or reappointment to the office of Sheriff: Provided, however, That such former Sheriff may, within ten days. after such lynching occurs, file with the Governor his petition for reinstatement to the office of Sheriff, and shall give ten days' notice of the filing of such petition to the Prosecuting Attorney of the county in which such lynchGovernor may ing occurred and also to the Attorney-General. If the Governor upon hearing the evidence and argument, if any presented, shall find that such Sheriff has done all in his power to protect the life of such prisoner and performed the duties required of him by existing laws respecting the protection of prisoners, then such Governor may reinstate such Sheriff in his office and shall issue to him a certificate of reinstatement, the same to be effective on the day of such order of reinstatement, and the decision of such Governor shall be final.

reinstate.

Emergency.

SEC. 2. Whereas an emergency exists for the passage of this act, it shall be in force from and after its passage.

Act amended.

Providing for

fraternal and beneficiary

associations

CHAPTER CXLI.

AN ACT to amend sections three, eight and sixteen of an act entitled "An act pertaining to the regulation and incorporation of fraternal beneficiary associations, societies or orders, and repealing all laws and parts of laws in conflict therewith," approved March 1, 1899, and declaring an emergency.

[S. 9. APPROVED MARCH 9, 1901.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That Section Three of the above entitled act be amended so as to read as follows:

Section 3. Any such fraternal beneficiary association, admission of within the description as set forth in Section One (1) of this act, organized under the laws of any other State, Ternot now doing ritory or province, and not now doing business within [this] State, shall be admitted to do business within this State, when it shall be shown to the satisfaction of the Au

business in

Indiana.

ditor of State that its charter or articles of association, and its by-laws provide for the conduct of its business in accordance with the provisions of this act; that it has at the time it applies for admission to do business within this State a sufficient number of members so that one assessment, or other stated payments in lieu of such assessment, upon such members, the amount of which assessment or other stated payment shall not exceed the amount previously provided by the laws of the order, shall be sufficient to pay in full the largest death loss the association might be called upon, under its laws to pay, and that it has paid in full all just benefits, claims of whatever nature incurred by it within the two years last past: Provided, Such fra- Proviso as to ternal beneficiary association shall show that the mortuary table. assessment rates, provided for in whatever plan of business it has adopted are not lower than is indicated as necessary by the following mortality table:

mortality