only be necessary for the City Clerk, in the transcript to be certified by him as aforesaid, to recite that the Commissioners were duly appointed and qualified, without in any wise setting out their appointment, qualification, or competency in such transcript. If upon such appeal, the report of the Commissioners as to the benefits or damages be greatly diminished or increased, the city may, upon payment of all costs, discontinue such proceedings.

3181. No injunction. 15. If the Commissioners make a report to the Common Council, as herein provided, no injunction shall lie to restrain proceedings, unless the Common Council shall proceed to appropriate property upon which damages have been assessed, without first causing the same to be paid or tendered; but all other questions shall be raised and tried by appeal in cases where damages have been assessed, paid, or tendered.

3182. Payment of damages. 16. It shall be the duty of the City Treasurer to pay or tender, or cause to be paid or tendered, the damages assessed to the persons to whom assessed. Should such damages be claimed by different persons, and the Treasurer be duly notified thereof, he shall, in writing, certify that fact to the Attorney of the city, and it shall be the duty of the Attorney to file a bill of interpleader in a, Court of general jurisdiction of the county, making parties thereto such claimants; and he shall also pay into the hands of the County Clerk the damages aforesaid; and upon the determination of the question, the money shall be paid to the party entitled thereto; but the damages, so far as concerns such city, shall be deemed paid from the time of their payment into the hands of the County Clerk. It shall be the duty of the Attorney of the city to take a receipt from the County Clerk for the money so paid, which shall be by him delivered to the City Treasurer, who shall file and preserve the same. It shall be the duty of said County Clerk to safely keep such moneys, and if he go out of office, to hand the same over to his successor.

3183. Tendering damages - Injunction. 17. When the owners of the property are residents of the city, the Treasurer shall tender damages to them at their places of business, or at their residences or domiciles, as he may elect. When such persons are unknown or not residents of the city, or if the Treasurer, upon diligent inquiry, can not ascertain the residence or place of business of a resident of the city, he shall publish in a daily newspaper, once in each week for two successive weeks, a notice, specifying the amount in the treasury to be paid as damages, and stating the real estate upon which assessed and the readiness on his part to pay the same. Such notice, so published as aforesaid, if it state with reasonable certainty the amount of damages and so describe the real estate upon which assessed, shall constitute a valid and effectual tender. In case an injunction is obtained because damages assessed have not been paid or tendered, the defendant may, at any time before the determination of the suit, pay or tender the damages assessed, with interest from the time the property is entered upon, seized, or appropriated, and all accrued costs, and thereupon the injunction shall be dissolved. It shall be the duty of the Attorney of the city, when an injunction is obtained upon the grounds aforesaid, to notify the City Treasurer to ascertain the amount of damages assessed, and interest thereon and costs accrued; and such amount shall be drawn from the treasury, and paid into the Court from which such injunction issued. The said Treasurer shall take from the Clerk of the Court in

which such suit for injunction is pending, a receipt for the amount paid him; and from the time of such payment into Court, as aforesaid, the city shall be absolved from liability, unless there are other valid grounds for an injunction.

3184. Vacation of streets, etc. 18. The Common Council shall have power to vacate streets, alleys, water-courses, public highways, or squares, or any part or parts of either, whenever they may deem it expedient for the public interest. Whenever a petition shall be presented by three reputable freeholders, praying for any such vacation, the Common Council shall refer the petition and matters appertaining thereto to the City Commissioners. The persons praying for such vacation shall serve notice, by personal service or by leaving copy at the residences of persons interested, or by publication, if such person be a non resident or his residence is unknown, once in each week for three weeks in a newspaper of general circulation, published in said city, and shall show, by affidavit, due service of such notice. The said petitioners shall accompany their petition with a map or plat of the street, alley, highway, or square, or the part or parts thereof which they propose to have vacated; and shall, on said map or plat, show the surrounding locality; and shall also state the reasons upon which they base their petition for vacation. All the expense of such proceedings shall be paid by said petitioners, unless the Common Council shall otherwise direct. [As amended, by act in force April 13, 1885, S., p. 234.

3185. Proceedings of Commissioners.

1. The City Commission

ers shall meet pursuant to notice, and shall examine witnesses and hear evidence, and may administer oaths, and adjourn from time to time. They shall view the street, alley, highway, or square, or part thereof, proposed to be vacated, and shall determine what persons, if any, will be benefited thereby, and shall assess such benefits, if any; Provided, That only sufficient benefits shall be assessed to pay all the costs and expenses of such vacation proceedings. In case any property owner immediately upon the line of said street, alley, highway or square, or part thereof, sought to be vacated, who is directly interested therein shall object to such vacation, the City Commissioner shall report such fact to the Common Council. If the Commissioners should consider that the necessary or proper parties have not been brought before them, they may require the petitioners to notify each person or persons as they may deem entitled to notice. [As amended, 1895 S., p. 379. In force July 1, 1895.

3186. Report. 20. Within ten days after their determination, such Commissioners shall file in the office of the City Clerk, who shall transmit the same to the Common Council, a report in writing, stating therein

First. The length, width and location of the street, alley, highway or square proposed to be vacated.

Second. The value of the land upon which such street, alley, highway or square is situated.

Third. The benefits to the persons desiring the vacation.

Fourth. The names of property owners or persons who may object to the vacation of such street, alley, highway, square or park, and the nature of their interest therein.

3187. Action on report. 21. The Common Council shall either refer the request back to the Commissioners, or accept or reject the report, within twenty-eight days after it is made to them. If they accept such report, they shall require the person against whom benefits are assessed to pay the same into the city treasury within twenty days thereafter. The Common Council shall have no power to order such vacation when objected to by property owners adjacent thereto. No person shall have any power or right to make any private use of a street, alley, highway or square, or part thereof, ordered to be vacated until the benefits assessed shall have been fully and entirely

paid; and unless paid within the time limited, the proceeding shall be wholly void. [As amended, by act in force April 13, 1885, S., p. 235.

3188. Clerk's duty. 22. It shall be the duty of the City Clerk to keep, in a separate book, a record of all proceedings of the Common Council and City Commissioners concerning the opening, laying out, changing, and vacation of streets, alleys and highways, and to carefully and accurately index the same: Provided, That the Common Council may furnish him with printed blanks.

3189. Reference of report and proceedings. 23. The Common Council, upon examination of any report of such City Commissioners, may refer the same back to the said Commissioners for further action; and when so referred, the Common Council shall designate at what time such Commissioners shall meet to re-examine the matters; and the Commissioners shall meet upon that day; and of the action of the Common Council, and of the time of meeting, the parties interested shall take notice without any notice whatever being served upon them. The Common Council shall have power to refer any report whatever, under any provision of this act, back to said Commissioners; and when so referred, the Commissioners shall, within ten days after the conclusion of their examination upon such reference, make a report as herein before provided; and the Common Council shall, within twenty-eight days after the same is made, either approve or disapprove the same. The proceedings upon such second report shall be the same as that provided where the first made is accepted and approved. When a second report is made, it shall be deemed final; and the Common Council must accept or reject the same within twenty-eight days after it is made to them. When any report is referred back to the Commissioners, the Common Council may make such suggestions as they may deem proper, and may also call the attention of the Commissioners to errors and defects, if any there be, in such report; but such suggestions shall not be binding upon said Commissioners. Upon such reference, the Commissioners shall meet as herein before provided; and all persons shall take notice thereof as herein before provided; and said Commissioners may amend or alter their said report as they may deem proper and just, and shall consider any and all suggestions made to them by the Common Council.

3190. Change of street on petition of abutters. 24. Whenever a street, alley, highway or water-course shall have been opened or laid out, the abutters thereon may, by mutual agreement, change the same so as to give it a proper vacation [location], width or direction; provided they shall first obtain the consent of the Common Council. Before any such change shall be made, the persons interested therein shall file with the City Clerk a written agreement, and shall petition the Common Council to change or alter such street, and shall state in their petition the reasons for such change, and shall accompany the petition with a map or plat of the highway and the surrounding locality.

3191. Removal of obstructions, etc. 25. The Common Council shall have power to pass all ordinances necessary to more effectually carry into execution the powers herein granted, and which are not inconsistent with the laws of the State; and they may also cause to be opened streets, alleys or highways which have been laid out or opened, but which have not been vacated; and they shall have power to cause all obstructions to

be removed from highways, streets, alleys, or water-courses, when neces sary for the general welfare. The Marshal of said city shall have full power to open any street, alley, or highway, when directed by the Common Council, and may remove any and all obstructions therein. When any person shall, after five days' notice, fail, neglect, or refuse to remove obstructions, the Marshal shall cause the same to be done at the expense of such persons, and shall cause the City Attorney to enter an action therefor; and in such action, judgment shall be rendered against such person for the reasonable expense and cost of such removal.

3192. Plats. 27. When any street or alley shall have been opened or laid out, or whenever such street or alley shall be vacated, a proper plat thereof shall be filed in the Recorder's office of the county in which such city is situated. In case of the opening or laying out of any street or alley, the plat shall be made by the City Engineer and filed by the City Clerk; and in case of a vacation of any street or alley, the persons desiring such vacation shall, at their own expense, cause such plat to be made out, filed, and recorded; and no order of vacation shall be deemed of effect until such plat is filed in the office of the Recorder, as aforesaid.

3193. Pending proceedings. 28. No proceedings now pending, nor any action pending or right of action, shall be extinguished or rendered invalid by the provisions hereof; nor shall any thing herein contained be construed as abridging the powers of the incorporated cities of the State as conferred by the Act of incorporation, except as herein expressly provided. 3194. Compensation and damages. 29. If any owner of real estate shall, after the service of notice and during the pendency of such proceedings, make any improvements of the real estate sought to be seized for the purpose of street, alley, highway, or water-course, he shall not be entitled to any compensation whatever therefor; and if any land-owner shall, after service of notice and during the pending of such proceeding upon him, do any act which shall render the opening or change of a street, alley, highway, or water-course more expensive, the expenses thus caused shall be deducted from any charges awarded him on his real estate: Provided, That nothing herein contained [shall be construed] as preventing any such owner from receiving just compensation for such improvements as may have been commenced or contracted for prior to the service of such notice. It shall be the duty of all persons laying out or dedicating streets, alleys, or highways to make the same conform in all respects to those of the city; and when they do not so conform to streets, alleys, or highways already laid out, the existence thereof shall not be deemed to benefit the real estate of such person: Provided, That nothing herein contained shall be considered as requiring such owner to grade or otherwise improve such highway, except as provided in the general law for the incorporation of cities.

3195. Extension over platted lots. 84. Whenever there shall be or may have been lots laid off and platted adjoining such city, and a record

of the same is made in the Recorder's office of the proper county, the Common Council may, by a resolution of the board, extend the boundary of such city so as to include such lots; and the lots thus annexed shall thereafter form a part of such city and be within the jurisdiction of the same. The Common Council shall immediately thereafter file a copy of such resolution, defining the metes and boundaries of such addition, in the office of the Recorder aforesaid; which shall be recorded.

1. Lots platted upon ground already within city limits are subject to taxation as city lots, and need not be annexed.— Delphi v. Bowen, 61 Ind. 29.

3196. Extension over contiguous lands-Action of Council. 85. The limits of any city may be extended over any lands or contiguous territory, by the consent of the owner thereof in writing, and a resolution of the Common Council, passed by a two-thirds vote, extending the limits of such city over such lands or territory; which written consent and resolution shall be entered at length in the records of such city; and the Common Council shall cause a certified copy of both to be recorded in the Recorder's office of the proper county. If any city shall desire to annex contiguous territory not laid off in lots, and to the annexation of which the owner will not consent, the Common Council shall present to the Board of County Commissioners a petition setting forth the reasons for such annexation, and, at the same time, present to such Board an accurate description, by metes and bounds, accompanied with a plat of the lands or territory proposed or desired to be annexed to such city. The Common Council shall give thirty days' notice, by publication in some newspaper of the city, of the intended petition, describing in such notice the territory sought to be annexed.

1. This and the next section are constitutional.-Stilz v. Indianapolis, 55 Ind. 515. 3197. Proceedings by County Board. 86. The Board of County Commissioners, upon the reception of such petition, shall consider the same, and shall hear the testimony offered for or against such annexation; and if, after inspection of the map and of the proceedings had in the case, such Board is of the opinion that the prayer of the petition should be granted, it shall cause an entry to be made in the order-book, specifying the territory annexed, with the boundaries of the same according to the survey; and they shall cause an attested copy of the entry to be filed with the Recorder of such county, which shall be duly recorded in his office, and which shall be conclusive evidence of such annexation in all Courts in this State.

1. There is no appeal from the decision of the County Board.-City of Indianapolis v. Sturm, 39 Ind. 159.

2. It is only when the proceeding for annexation has been strictly in accordance with the statute, that the attested copy of such annexation is conclusive evidence thereof.— Windman v. Vincennes, 58 Ind. 480.

SBC.

3198. Fire Wardens.

ARTICLE 7-FIRE DEPARTMENT.

3199. Regulation to prevent fires. 3200. Fire engines and houses.

SEC.

3201. Power of Chief Engineer and Assistants. 3202. Privileges of Firemen.

3203. Destruction of buildings.

[1867, p. 33. In force March 14, 1867.]

3198. Fire Wardens. 72. The Councilmen, by virtue of their office,