than fourteen miles from the location of the court house before such removal.

4233. Notice of hearing. 2. Upon the filing of such petition, as in the section of this act provided, with the Auditor of the county, it shall be the duty of said Auditor to give notice of the pendency of said petition by publication in some newspaper of general circulation, published in said county, for three consecutive weeks prior to the first day of the term of the Commissioners' Court of said county, at which said petition shall stand for hearing: Provided, If there be no such newspaper published in said county, then by posting written or printed notices in some public place in each township in said county.

4234. Election-Notice. 3. Such Board, in making the order for such an election as hereinbefore provided, shall fix the time of holding such election not less than sixty nor more than ninety days from the date of said order, and the Auditor of said county shall give at least thirty days' notice of said election by posting a written or printed notice in a public place in each precinct of said county, and by publication of said notice in some newspaper of general circulation published in said county, if any there be.

4234a. Election; how conducted. 4. Such election shall be conducted, and the votes returned, canvassed, and certified in all respects according to the law in the State controlling general elections, but no other election shall be held upon the question of re-location within three years thereafter.

4234b. Election by ballot - Form of ballot. 5. Said election shall be by ballot, and any person who is a legal voter in said county shall be competent to vote at such election. Any such voter who shall desire to vote in favor of the re-location of such county seat shall deposit in the ballot box a ticket, on which shall be written or printed the words, "for the re-location" at- -, naming the place specified in the petition, and any voter who shall desire to vote against such re-location shall deposit a ticket on which shall be written or printed the words, "against the re-location" at naming the place specified in the petition: Provided, That no ballot shall be rejected for any informality, if the intention of the voter can be ascertained therefrom.

4234c. Result certified and filed-When re-location ordered. 6. Within five days after the meeting of the Board of Canvassers of said election, and the canvassing of the votes cast at said election, the Clerk of said county shall certify to the Auditor of said county the whole number of votes cast for and against said proposed re-location. Said Auditor shall immediately file said certificate, with the petition and other papers in said proceedings, and if seventy per cent. of the whole number of the votes cast

at said election shall be in favor of said re-location, then the Board of Commissioners of said county at their next ensuing regular term shall order said county seat to be re-located as in said petition prayed for, and that new public buildings be erected upon the site provided for them in the manner and upon the conditions hereinafter set forth. Said Board of Commissioners shall at once employ a competent architect to prepare plans, specifications, and estimates suitable for new county buildings; the buildings to be of brick or stone, and the county offices to be fire proof, or as nearly so as practicable, and such plans, specifications and estimates shall be filed with the County Auditor as soon as practicable, and presented to the Board of Commissioners at their next regular session thereafter; whereupon, if said plans, specifications, and estimates are approved, said Board shall at once cause the Auditor to advertise immediately in the manner provided by law for the erection of public buildings, for sealed proposals for the erection of such buildings according to such plans and specifications, such proposals to be presented to the Board at its next regular session after such adver tisement.

4234d. Contract to build. 7. In letting the contract and providing for the erection of the buildings herein contemplated, the Board of Commissioners shall be governed by the law in force concerning the erection of county buildings.

4234e. Transfer of records. 8. So soon as said buildings are completed and accepted by them the Board of Commissioners shall cause all the books, records, papers, and furniture of the several county officers and the several Courts of the county, and the county prison and occupants of such prison to be removed to the new buildings, and from the time of such removal such new site shall become and be used and treated as the seat of justice of said county.

4234f. Conveyance of abandoned premises. 9. When the re-location of any county seat shall have been completed and the books and records removed to the new county seat it shall be the duty of the Board of Commissioners of such county to convey in fee to the municipal corporation where the old county seat was located, all the interest and estate of the county in such public grounds and buildings.

4235. Appeal. 10. In all cases of location or removal of county seats, there shall be allowed an appeal to the Circuit Court and to the Supreme Court by any person or persons aggrieved thereby, under the same regulations as now provided by law for appeals in other cases from the Board of Commissioners, and from the Circuit Court, the party appealing giving bond for costs, as may be required by the Board of Commissioners or by the Judge of the Circuit Court.

1. The Board of Commissioners having acted on the matter, and acquired jurisdiction, its determination can not be questioned collaterally.-Board v. Markle, 46 Ind. 96.

2. All defenses to the making of an order re-locating a county seat must be made when the petition therefor is pending and can not be afterward heard collater ally.-Board v. Lewis, 61 Ind. 75.

4235a. Repealing clause. 11. All laws and parts of laws in conflict with the provisions of this act are hereby repealed.

[1889 S., p. 297. In force May 10, 1889.]

4235b. Petition to relocate - Procedure - Limitation on act. 1. Whenever fifty-five per cent. of the legal voters of any county in this state shall, by written petition, request the board of commissioners of their county to relocate the county seat of such county, designating in such petition the site where such relocation is desired, and shall procure the conveyance to such board by deed, conveying good title, of two lots of ground, one containing not less than two acres, as a site for the court house, and the other containing not less than one-fourth of an acre, as a site for the county jail, to be held by such board for that purpose, and shall deposit with the board the sum of one hundred dollars to pay an architect, and one hundred and fifty dollars to pay commissioners to assess damages, then such board shall proceed to have new county buildings erected thereon and the county seat removed thereto, in the manner and upon the conditions set forth in the following sections of this act: Provided, that the provisions of this act shall apply only in cases where an appraisement and election has been had prior to the passage of this act, under the provisions of an "Act concerning the relocation of county seats, repealing all laws in conflict therewith," approved April 13, 1885, and where such appraised value of county buildings was less than five thousand dollars: Provided, that no county seat shall be relocated at a nearer distance than four miles of any county line.

4235c. Petition and affidavit — County board, duties of— Plans etc.- Cost. 2. When such petition is presented, and the affidavit of one or more persons stating that the signatures to such petition are genuine, and that the petitioners are legal voters of such county (which affidavit shall be prima facie evidence that the facts so stated are true), and said money deposited to pay an architect and commissioners to assess damages, then if said board of county commissioners find that fifty-five per cent. of the legal voters of any said county have petitioned for such relocation the said county commissioners shall employ an architect to draw plans, specifications and estimates suitable for new county buildings, the buildings to

be of brick or stone and the county offices to be fire proof or as nearly so as practicable, the cost of the whole not to exceed fifteen thousand dollars; and such plans, specifications and estimates shall be presented to the said board at its next regular session: Provided, that the number of all legal ballots cast at the general election in said county at which a congressman was voted for next preceding the presentation of such petition to the board of commissioners, with ten per centum added thereto, shall be considered the whole number of votes of such county: And, provided, further, that the person or persons circulating such petition may, if necessary to satisfy him or them that such petitioner or petitioners are legal voters of such county, administer an oath to such petitioner or petitioners as to the fact that he or they are such legal voters: Provided, that any person opposed to such relocation may appear and defend against the application by offering proof that any of the petitioners are not legal voters or did not sign the petition, or have afterward signed a remonstrance against the same; and the fact of such signing of such remonstrance may be shown prima facie by the affidavit of any person who is a competent witness on other cases: Provided, further, that both petitions and remonstrances shall not only give the name of such signer, but also the exact date as to month, day of month, and hour of day such signing was had, and no such said petitioner or remonstrator shall be subject to any process by law, to appear before any such board of county commissioners to show cause for having signed the same, but any said petitioner or remonstrator may voluntarily so appear and show cause for having signed the same; but any filer of a petition or remonstrance shall be held liable to the action of the grand jury for each and every false filing of names on such petition or remonstrance.

4235d. Real estate value, how ascertained-Examination of — Payment of. § 3. To ascertain and fix the amount and value of the real property of any county at the county seat, it shall be the duty of the county board of any county before whom a petition shall be filed, as provided in the first section of this act, to direct the auditor of said county to notify the governor of the state of the filing of the same, who shall, upon the reception of said notice, proceed at once to appoint three disinterested persons, non residents of said county, as commissioners to examine said real estate of said county seat belonging to such county, and assess the value thereof, including the building and improvements thereon situated. And, to enable them so to do, they shall meet at said county seat on a day (not less than forty days before the regular meeting thereafter of the said board of commissioners), whereof public notice shall be given, and they may examine competent witnesses as to such value, and after they or a majority of them shall have agreed, they shall make out duplicate statements of such action and conclusion, and file one copy with the auditor of said county and transmit by mail the other copy to the governor of the state. And, such petitioners shall be required to pay in to the county treasury, for the benefit and use of such county in the erection and building of new public buildings, the value of said real estate, together with the value of buildings and improvements thereon at said county seat, as ascertained and assessed by said commissioners.

4235e. Plans-- Sum to be invested, how ascertained.

The auditor of said county shall immediately after assessment has been made, as provided for in section 3 of this act, issue a call session of the

board of county commissioners, who shall then determine what amount (up to fifteen thousand dollars) shall be invested in said proposed new buildings, and when such amount has been determined upon, the board of county commissioners shall cause an architect to draw plans and specifications, with estimates, as provided in section 2 of this act: Provided, that no plans be drawn that fail to provide for the accommodation of the various county offices on the ground floor, with suitable fire proof vaults therefor, and a suitable court room, with jury rooms, in the second story of the proposed court house: Provided, further, that the commissioners may, if they deem it best, advertise offering one hundred dollars for the plans that they may adopt, but reserving the right to reject any or all plans when examined at their regular meeting.

4235f. Auditor's duties-Bids for contracts. § 5. If such petitioners, or some of them, shall within three months after such estimates and plans are accepted, cause to be paid in to the county treasury, or the payment thereof be secured to such board to its satisfaction, a sum equal to the value of the real property and improvements thereon belonging to the county at the county seat, then such board shall, at once, cause the auditor to advertise, immediately, in the newspapers of such county, if any there be (or if none, then in the nearest newspaper of general circulation), and by posting in six public places in said county, for sealed proposals for the erection of such buildings according to said plans and specifications, such proposals to be presented to the board of commissioners at its next regular session, said board of commissioners reserving the right to reject any or all bids, and to proceed to readvertise for bids as provided for within the provisions of this act. 4235g. Contract-Bond-Superintendent. § 6. At the said session when such proposals are required to be filed such board shall contract, in writing, with some person or persons, for the erection of such buildings upon the best and most favorable terms to be had, and shall take a bond or bonds from such contractors in a sufficient penalty, with good and approved security, conditioned to complete such buildings according to the stipulations of the said contract, the buildings to be completed within one year from the time such contract is made. And the said board shall also employ a competent person to superintend the erection of such buildings and to see that the terms of such contract are complied with.

4235h. County treasurer collect. § 7. Such board shall direct the county treasurer to collect and receive the said sum secured to be paid as provided in sections one and five of this act; and the same shall be paid over to the contractor, upon warrant of the auditor, in such sums and at such times as such board may direct, and if any remain after the payment of such contractors, the same shall be expended in the improvement of such new site.

4235i. Contractor, how paid. § 8. So soon as said buildings are com. pleted, at the end of one year, as named in section 6 of this act, the county commissioners shall cause all the books, papers and furniture of the several county offices, and of the several courts of the county, and of the county prison, and the occupants of such prison, to be removed to such new build. ings, and, from the time of such removal, such new site shall become and be held and treated as the seat of justice of such county.

4235j. Conveyance of abandoned grounds. 9. When the reloca tion of any county seat shall have been completed, and the books and rec⚫