ments (or with his guardian if the owner be incapable of contracting) touching the damages sustained by appropriation, such company shall deliver to such owner or guardian, if within the county, a copy of such instrument of appropriation. If the owner (or his guardian, in case such owner is incapable of contracting) be unknown or do not reside within the county, such company shall cause to be published in some newspaper of general circulation in the county, for the term of three weeks, an advertisement reciting the substance of such instrument of appropriation. Upon filing such act of appropriation and delivery of such copy or making such publication, the circuit court or other court of record in the county where the land or water lies, or any judge thereof in vacation, upon the application of either party, shall appoint, by warrant, three disinterested freeholders of such county, to appraise the damages which the owners of the lands, water rights, easements, lakes, and natural streams of water, may sustain by such appropriation. Such appraisers shall be duly sworn; they shall consider the injury which such owner may sustain by reason of such appropriation, and shall forthwith return their assessment of damages to the clerk of such court, setting forth the value of the property taken or injury done to the property (which they shall assess to the owner or owners separately), to be by him filed and recorded, and thereupon such company shall tender or cause to be tendered the amount thus assessed to the party, his agents or heirs, in whose favor such damages are awarded, or shall pay the same in trust to the said clerk; and, on making such payment or tender thereof, it shall be lawful for such company to hold the interests in such lands and waters so appropriated. The cost of such award shall be paid by such company, and on notice by any party interested in said proceedings, the court may order payment thereof and enforce such payment by execution. The award of said appraisers may be reviewed by the circuit court, or other court in which such proceedings may be had, on written exceptions filed by either party in the clerk's office, within ten days after the filing of such award, and the court shall make such order therein as right and justice may require, by ordering a new appraisement on good cause shown: Provided, that notwithstanding such appeal, such company may take possession of the property therein described for the purpose for which it was condemned, and the subsequent proceedings on the appeal shall only affect the amount of compensation to be allowed. If, prior to the assessment, the said company shall tender to such owner (or his guardian, if he be unable to contract), an amount equal to or greater than the award afterward made, exclusive of costs, the costs of arbitration shall be paid equally, by such company and such owner or guardian. 7605. Damages-Payment of. § 4. If there are adverse or conflicting claimants to the money, or any part of it, to be paid as compensation for the property taken, the court may direct the money to be paid in to said court by said company, until it can determine who is entitled to the same and shall direct to whom the same shall be paid; and may, at its discretion, order a reference to ascertain the facts on which said determination and order are to be made.

7606. Parties to proceeding - Unknown parties. §5. The court shall appoint some competent attorney to appear for and protect the rights of any party in interest who is unknown, or whose residence is unknown, and who has not appeared in the proceedings by an attorney or agent. The court shall also have power, at any time, to amend any defect or informality

in any of the special proceedings authorized by this act as may be necessary, or to cause new parties to be added, and to direct such further notice to be given to any party in interest, as it deems proper; and, also, to appoint other appraisers in the place of any who shall die, or refuse, or neglect, or are unable to serve, or who may leave, or be absent from the state.

7607. Possession - Clearing title. § 6. At any time after an attempt to acquire title or right by appraisal of damages or otherwise, if it shall be found that the title thereby attempted to be acquired is defective, the company may proceed anew, to acquire or perfect the same in the same manner as if no appraisal had been made. At any stage of such new proceedings, the court may authorize the corporation, if in possession, to continue in possession, and, if not in possession, to take possession of any such real estate, water, right of way and easements during the pendency and until the final conclusion of such new proceedings; and may stay all actions and proceedings against the company or any officer, agent or workman of such company, on account thereof, on such company paying in to court a sufficient sum (as the court may direct) to pay the compensation therefor when finally ascertained; and in every such case the party interested in such property may conduct the proceedings to a conclusion, if the company delay or omit to prosecute the same.

7608. Limit of right- Drainage - Artificial ways. § 7. Nothing in this act shall be construed to grant the power to any water works company to interfere with any pipes, drains or ditches used for drainage purposes without the consent of the owner thereof, or of the board of commissioners of the proper county when such drains or ditches are at the disposal of said board of commissioners; neither shall any artificial provision made for water by any person or corporation, or owned by any person, association or body be used, condemned or appropriated without the consent of the owner thereof.

7609. Power to borrow money. § 8. Such company may, from time to time, borrow such sums of money as it may deem necessary for completing its water works, and issue and dispose of its bonds for any amounts so borrowed, for such sums at such rate of interest as may be lawful, and may secure the payment of such bonds, or any debts which it may contract, by deed of trust or mortgage on part or all of its corporate property, right of way, easements and franchise.

7610. Permit required to use streets etc. § 9. This act shall not grant the powers and privileges herein conferred to any corporation other than such as have, by ordinance or otherwise, obtained legal consent and full right of way for the operation of water works and the laying of the necessary pipes, main and conduits along and through the streets, alleys, avenues and public grounds of the town in which such water works are to be operated, from the board of trustees of said town.

7611. Existing companies may accept the act. § 10. Any water works company heretofore incorporated and now existing, which holds or shall obtain franchise in this act, shall have the powers and privileges conveyed herein and be limited by the restrictions and liabilities set forth in this act.

7612. Emergency. § 11. An emergency existing for the immediate taking effect of this act, the same shall take effect and be in force from and after its passage.

AN ACT relative to the relocation of county seats and the construction of county buildings, in such cases, and repealing all laws or parts of laws in conflict with the provisions of this act. [Approved March 9, 1889; in force May 10, 1889; S., 1889, p. 297.*

7613.* Petition to relocate - Procedure - Limitation on act. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That 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.

*

7614. 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

* See §§ 4232 et seq.

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.

7015. 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.

7616. Plans -- Sum to be invested, how ascertained. § 4. 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.

7617. 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. 7618. 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.

7619. 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.

7620. Contractor, how paid. § 8. So soon as said buildings are completed, 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 buildings, 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.

7621. Conveyance of abandoned grounds. § 9. When the relocation of any county seat shall have been completed, and the books and rec