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ARTICLE 1 - DIVISION, AND NAMES. SRC.

SEC. 4204. Names of counties,

4206. Stream as boundary. 4305. Boundary lines,

4207, Service of process on Ohio river. [1 R. S. 1852, p. 168. In force May 6, 1853.) 4204. Names of counties. 1. The State of Indiana is divided into the following counties, to-wit: Allen, Adams, Bartholomew, Benton, Boone, Brown, Blackford, Clark, Clay, Crawford, Carroll, Cass, Clinton, Dearborn, Decatur, Daviess, Dubois, Delaware, DeKalb, Elkhart, Fayette, Floyd, Franklin, Fountain, Fulton, Gibson, Greene, Grant, Hamilton, Harrison, Hendricks, Henry, Hancock, Huntington, Howard, Jackson, Jefferson, Jasper, Jennings, Johnson, Jay, Knox, Kosciusko, Lake, Lawrence, Lagrange, Laporte, Madison, Marion, Martin, Monroe, Montgomery, Morgan, Miami, Marshall, Noble, Ohio, Orange, Owen, Parke, Pike, Perry, Posey, Putnam, Porter, Pulaski, Randolph, Ripley, Rush, Scott, Shelby, Spencer, Starke, Steuben, Switzerland, St. Joseph, Sullivan, Tippecanoe, Tipton, Union, Vanderburgh, Vermillion, Vigo, Wayne, Warrick, Washington, Warren, White, Whitley, Wells, and Wabash; and shall be bounded as described in the following sections:

1. The original boundaries of the counties are omitted. The Act does not designate them as they now are. They are subject to change, and have been changed. Besides they are not of sufficient practical and general importance. They will be found in 1 R. S. 1852, p. 168, sections 2 to 94; Acts of 1859, p. 43; 1861, p. 98; and 1873, p. 105. 2. Newton county was formed from Jasper county in 1859. 4205. Boundary lines. 94. When any bounda

94. When any boundary line of any county is described as running east, west, north, or south from any point, in a range, township, or section line, such boundary shall be deemed to run with and along such range, township, or section line, unless the contrary is obviously intended. All lines which in the boundaries of any county are clearly in. tended to be described by courses indicated by the magnetic needle, are, respectively, to be taken as the magnetic needle pointed at the several times when such lines were originally established.

4206. Stream as boundary. 95. Whenever two counties are sepa. rated from each other by a river or creek, the middle of the channel of such river or creek shall be the division line between the same, unless otherwise provided in the description of the boundaries of such counties.

4207. Service of process on Ohio river. 96. Whenever any part of the boundary of any county is the Ohio river, all process issuing to the officers of such county may be served on the said river, so far as the same is the boundary of this State.

ARTICLE 2-CHANGE OF BOUNDARIES.

SEC.

4209.

Petition - Area.

4212

SEC. 4208. Proceedings to change.

4214. Officers,

4215. Suits – Taxes. 4210. Jurisdiction after change.

4216. Judgments and decrees. 4311. Existing debts.

4217. Penalties as to officers. Auditor's duty.

4218. Record-book of titles. 4213. Record of titles.

4219. Record, when evidence, (1875, p. 9. In force March 10, 1875.] 4208. Proceedings to change. 1. Whenever the legal voters resident within a specified territory in two or more counties contiguous to each other shall desire to change their jurisdiction by changing the boundaries of their respective counties, they may do so, by petition to the Board of Commissioners of the respective counties whose boundaries it is proposed to change, by written petition, signed by fifty freeholders resident in the districts asking to be attached to another jurisdiction; and whenever such petition shall be presented to the Boards doing county business in each of the said counties, upon due proof of the genuineness of the signatures thereto, and being satisfied that the persons whose names are attached thereto are freeholders within the district asking such change, such Boards shall order an election to be held at such time as such Boards may order; which election the several Boards of Commissioners shall so arrange as to have the same held on the same day in each of the counties interested in such change, and be held at the usual places of holding elections in the counties to be affected thereby, at which all legal voters shall be entitled to vote. Those desiring such change shall inscribe upon their tickets the words “In favor of change,” and those opposed shall inscribe the words “Opposed to change.”. Such Boards of Commissioners, at their first session after such petition is filed, shall fix a time, not exceeding thirty days, at which such election is to be held, which shall be ordered for that special purpose and not upon any day fixed for holding general elections. Such elections shall be held and conducted as general elections are now by law held, and the returns thereof be made and canvassed, as is now provided by law; and when such returns are made, as above provided, it shall be the duty of the Clerk of the Circuit Court of each county to make out a certified copy of the returns so made, and within five days thereafter file the same in the office of and with the Auditor of the county where such returns were made. The Auditor to whom such returns are made shall, within five days from the filing of said returns in his office, make out a true, full, and complete copy of the same, certified under his hand and seal, and deposit the same in the office of the Auditor of the county or counties interested in such change. Upon the filing of such copies, it shall be the duty of the Auditors of their respective counties to call together the Board of Commissioners of their respective counties, whose duty it shall be to examine the returns as certified; and if a majority of the voters of each of said counties, voting at said election, favor a change, it shall be the duty of the said several Boards of Commis. sioners to cause to be spread on their order-books an order declaring the boundaries of their respective counties, as described in the petition as aforesaid, filed with them, praying for such change; which said order shall operate to attach said territory to the jurisdiction prayed for, fully and completely: Provided, That a vote shall not be taken under this Act oftener than once in three years.

CHAPTER 46.
COUNTIES.

ART.

ART. 1.

Division, and names. 2. Change of boundaries. 3. Formation of new counties.

4. Re-location of countyweats.
5. Public buildings.

SEC.

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ARTICLE 1 - DIVISION, AND NAMES.
SRC.
4204.
Names of counties.

4206. Stream as boundary. 4305. Boundary lines.

4207. Service of process on Ohio river. [1 R. S. 1852, p. 168. In force May 6, 1853.) 4204. Names of counties. 1. The State of Indiana is divided into the following counties, to-wit: Allen, Adams, Bartholomew, Benton, Boone, Brown, Blackford, Clark, Clay, Crawford, Carroll, Cass, Clinton, Dearborn, Decatur, Daviess, Dubois, Delaware, DeKalb, Elkhart, Fayette, Floyd, Franklin, Fountain, Fulton, Gibson, Greene, Grant, Hamilton, Harrison, Hendricks, Henry, Hancock, Huntington, Howard, Jackson, Jefferson, Jasper, Jennings, Johnson, Jay, Knox, Kosciusko, Lake, Lawrence, Lagrange, Laporte, Madison, Marion, Martin, Monroe, Montgomery, Morgan, Miami, Marshall, Noble, Ohio, Orange, Owen, Parke, Pike, Perry, Posey, Putnam, Porter, Pulaski, Randolph, Ripley, Rush, Scott, Shelby, Spencer, Starke, Steuben, Switzerland, St. Joseph, Sullivan, Tippecanoe, Tipton, Union, Vanderburgh, Vermillion, Vigo, Wayne, Warrick, Washington, Warren, White, Whitley, Wells, and Wabash; and shall be bounded as described in the following sections:

1. The original boundaries of the counties are omitted. The Act does not designate them as they now are. They are subject to change, and have been changed. Besides they are not of sufficient practical and general importance. They will be found in 1 R. S. 1852, P. 168, sections 2 to 94; Acts of 1859. p. 43; 1861, p. 98; and 1873, p. 105. 2. Newton county was formed from Jasper county in 1859.

4205. Boundary lines. 94. When any boundary line of any county is described as running east, west, north, or south from any point, in a range, township, or section line, such boundary shall be deemed to run with and along such range, township, or section line, unless the contrary is obviously intended. All lines which in the boundaries of any county are clearly intended to be described by courses indicated by the magnetic needle, are, respectively, to be taken as the magnetic needle pointed at the several times when such lines were originally established.

4206. Stream as boundary. 95. Whenever two counties are sepa. rated from each other by a river or creek, the middle of the channel of such river or creek shall be the division line between the same, unless otherwise provided in the description of the boundaries of such counties.

4207. Service of process on Ohio river. 96. Whenever any part of the boundary of any county is the Ohio river, all process issuing to the officers of such county may be served on the said river, so far as the same is the boundary of this State.

ARTICLE 3-CHANGE OF BOUNDARIES

SIC.

SEC.

4208. Proceedings to change.

4214. Officers. 4209. Petition - Area.

4215. Suits - Taxes, 4210. Jurisdiction after change.

4216. Judgments and decress. 4211. Existing debts.

4217. Penalties as to officers. 4212. Auditor's duty.

4218. Record-book of titles. 4213. Record of titles.

4219. Record, when evidence, (1875, p. 9. In force March 10, 1875.] 4208. Proceedings to change. 1. Whenever the legal voters resident within a specified territory in two or more counties contiguous to each other shall desire to change their jurisdiction by changing the boundaries of their respective counties, they may do so, by petition to the Board of Commissioners of the respective counties whose boundaries it is proposed to change, by written petition, signed by fifty freeholders resident in the districts asking to be attached to another jurisdiction; and whenever such petition shall be presented to the Boards doing county business in each of the said counties, upon due proof of the genuineness of the signatures thereto, and being satisfied that the persons whose names are attached thereto are freeholders within the district asking such change, such Boards shall order an election to be held at such time as such Boards may order; which election the several Boards of Commissioners shall so arrange as to have the same held on the same day in each of the counties interested in such change, and be held at the usual places of holding elections in the counties to be affected thereby, at which all legal voters shall be entitled to vote. Those desiring such change shall inscribe upon their tickets the words “In favor of change," and those opposed shall inscribe the words “Opposed to change.". Such Boards of Commissioners, at their first session after such petition is filed, shall fix a time, not exceeding thirty days, at which such election is to be held, which shall be ordered for that special purpose and not upon any day fixed for holding general elections. Such elections shall be held and conducted as general elections are now by law held, and the returns thereof be made and canvassed, as is now provided by law; and when such returns are made, as above provided, it shall be the duty of the Clerk of the Circuit Court of each county to make out a certified copy of the returns so made, and within five days thereafter file the same in the office of and with the Auditor of the county where such returns were made. The Auditor to whom such returns are made shall, within five days from the filing of said returns in his office, make out a true, full, and complete copy of the same, certified under his hand and seal, and deposit the same in the office of the Auditor of the county or counties interested in such change. Upon the filing of such copies, it shall be the duty of the Auditors of their respective counties to call together the Board of Commissioners of their respective counties, whose duty it shall be to examine the returns as certified; and if a majority of the voters of each of said counties, voting at said election, favor a change, it shall be the duty of the said several Boards of Commissioners to cause to be spread on their order-books an order declaring the boundaries of their respective counties, as described in the petition as aforesaid, filed with them, praying for such change; which said order shall operate to attach said territory to the jurisdiction prayed for, fully and completely: Provided, That a vote shall not be taken under this Act oftener than once in three years.

4209. Petition - Area. 2. The petition contemplated by the preceding section shall contain a clear and distinct description of the proposed change, by designating the boundaries in such manner as to enable those in favor of and those opposed to such change to know such proposed boundaries. And it is hereby declared that the Boards of Commissioners of any such counties, desiring such change, shall, in nowise, entertain or consider any petition to change the boundaries of counties, which proposes to lessen the area of any county below its original limits, except such county contains over four hundred square miles, and in such case, no such county, by such change, shall be reduced below four hundred square miles.

4210. Jurisdiction after change. 3. Whenever the two foregoing sections shall have been complied with, and such orders of the respective Boards of said counties made, they shall operate to place the jurisdiction of the territory within the county designated in said petition, for all judicial purposes, either civil or criminal, and of all persons and property within such territory.

4211. Existing debts. 4. It shall be the duty of the Board or Boards of Commissioners of the said county or counties, if any indebtedness exist in either county, to levy, from year to year, a tax upon the detached territory, by such a percentage upon all the taxable property within such district so detached, as shall be necessary to liquidate and pay the indebtedness of the county from which such territory was detached, until the said indebtedness be fully paid; which rate per cent. shall not be in excess of that levied upon the county so indebted. And when such assessment shall be made by said Boards, it shall be the duty of the Auditor of each of said counties to certify the rate per cent. so levied to the Auditor of the county to which such territory was attached; which Auditor shall place such rate per cent, on the tax-duplicate of said county; and it shall be the duty of the Treasurer of said county to collect the same, and, upon demand of the Treasurer of the proper county, he shall pay over the same as other moneys are paid out.

4212. Auditor's duty. 5. It shall be the duty of the Commissioners of said counties to compel, by their order, the Auditors of their respective counties to make out a true, full, and complete copy of all the property listed for taxation, either real, personal, or mixed, as it shall appear upon the tax-duplicates of their respective counties embraced within the territory detached, and transmit the same to the Auditor of the county to which such territory is attached, for the purpose of taxation.

4213. Record of titles. 6. When such change shall have been made as contemplated by this Act, it shall be the duty of the Board of Commissioners of the county from which such territory is detached, to procure a suitable book, and cause to be copied therein, by the Recorder of said county from the records of his office, all deeds of the present owners of real estate and mortgages to any trust-funds within the territory so detached that shall have been recorded within such territory. Said record, when so made, shall be, by said Recorder, filed in the office of the Recorder of the county to which such territory has been attached; and all copies of such deeds, duly certified by the Recorder with whom the said record is deposited, certifying that the same is a true and complete copy of such instrument as it appears on said record in his office, shall be admitted as evidence with the like force and effect of the original record.

1. See sections 4218, 4219, 4230, and 4231.

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