recorder, within sixty days after any fees or taxes [are taxed] in his office for services rendered by him, to issue a fee bill for the collection of the same. 8019. Failure to report. § 132. Any officer failing or refusing to make the reports required by law, or to pay the amount due from him in to the county treasury, shall forfeit and pay to the state the sum equal to the amount of the fees actually collected during that quarter, to be recovered by the prosecuting attorney in any court of competent jurisdiction, onehalf to be paid to such prosecuting attorney and the balance in to the common school fund.

8020. Inspection of records. § 133. The board of county commissioners in their respective counties, together with their attorney, shall have full power and authority, at their respective meetings, to inspect and examine records, fee books and papers of such county officers who collect fees for services they render in their different offices, for the purpose of comparing the accounts rendered by said officers with their books of entry, and any officer failing or refusing to deliver said fee books for inspection, as provided in this section, shall forfeit and pay one hundred dollars, in like manner as provided in the preceding section, for failing or refusing to make reports.

8021. Fees etc., effect as judgments. § 134. The said fees and charges from the time they are entered and taxed by said officers as herein before provided, shall have the force and effect of judgments at law in said courts. and shall be a lien upon the lands of the party against whom they are charged, and shall be collected upon the proper process by a levy and sale without relief from valuation and appraisement laws, for the use of the county.

8022. Act construed. § 135. Nothing herein contained shall be so construed, in any event, as to allow any of the officers herein named the salaries herein provided and also the fees required to be taxed.

8023. Present incumbents. § 136. Where any clerk, auditor, recorder, treasurer, or sheriff has been elected by the people of his county before the taking effect of this act, such officer so elected, during the time that he holds such term, shall not be subject to the provisions of this act. He shall hold such term of office and perform the duties thereof and receive the compensation prescribed by law the same as if this act had not passed.

8024. Repealing clause. § 137. All laws and parts of laws in conflict with this act are hereby repealed to the extent of such conflict. AN ACT fixing the salaries of county commissioners, township assessors and trustees and declaring an emergency. [Approved and in force March 6, 1889; S., 1889, P. 186.

8025. County commissioners - Compensation of. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That the county commissioners of this state shall each receive for their services as such commissioners for each day engaged in the discharge of their duties as such commissioners the sum of three dollars and fifty cents: Provided, that in counties where the population shall exceed one hundred thousand, as shown by the last census, such commissioners shall each receive in lieu of such per diem the sum of eighteen hundred dollars per annum, to be paid out of the county treasury. [See § 5823.

8026. Township trustees and assessors-Pay of-Duties. § 2. That each trustee of any township in this state, and each assessor of any

township in this state, shall receive, for the time he is necessarily engaged in the discharge of his duties, the sum of two dollars per day, and this shall be full compensation for all services that they shall in any capacity and in any manner perform: Provided, that in townships containing a population of seventy-five thousand, as shown by the last census, each trustee and assessor shall each receive the sum of eighteen hundred dollars per annum, and such sum shall be deemed to be payment in full for all services of whatever kind they may perform as such trustees or assessors: Provided, further, that in townships having a population of over twenty-five thousand, as shown by the last census, such trustee shall receive not less than one thousand dollars nor more than fifteen hundred dollars per annum, which amount is to be determined by the board of county commissioners of the county in which said township is situate, and such sum shall be deemed to be payment in full for all services of whatever kind they may perform as such trustee. Such township trustees and assessors shall keep their office open on each day of the year except Sundays and legal holidays. [See § 6009.

AN ACT to amend section 2 of an act entitled "An act fixing the salaries of county commissioners, township assessors and trustees, and declaring an emergency, approved March 6, 1889," and declaring an emergency. [Approved and in force March 7, 1891; S., 1891, p. 349.

8027. Township trustees and assessors - Pay of - Grades — Duties. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That section 2 of the above entitled act be and the same is hereby amended to read as follows: Section 2. That each trustee of any township in this state and each assessor of any township in this state shall receive for the time he is necessarily engaged in the discharge of his duties, the sum of two dollars per day, and this shall be full compensation for all services that they shall in any capacity or in any manner perform: Provided, that in townships containing a population of over seventy-five thousand, as shown by the last census, each trustee and assessor shall each receive the sum of eighteen hundred dollars per annum, and such sum shall be deemed to be payment in full for all services of whatever kind they may perform as such trustee or assessor: Provided, further, that in townships having a population of over twenty-five thousand, and less than seventy-five thousand, as shown by the last census, such trustee and assessor shall receive not less than one thousand nor more than fifteen hundred dollars per annum, which amount is to be determined by the board of county commissioners of the county in which said township is situate, and such sum shall be deemed to be payment in full for all services of whatever kind they may perform as such trustees or assessors. Such township trustees and assessors shall keep their office open each day of the year, except Sundays and legal holidays. 8028. Emergency. § 2. An emergency exists for the immediate taking effect of this act, and it shall take effect and be in force from and after its passage.

NOTES TO CHAPTER 59A.

FEES AND SALARIES.

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7907. County officers. It is well settled that a county auditor can recover only such compensation as the statute allows him. He is not entitled to recover compensation for duties performed by him except where the statute so provides, although the services may be regarded by him and by the board of commissioners as extra services" entitling him to "extra" compensation; Board etc. v. Johnson, 127-239. A board of county commissioners has no authority to make orders whereby the statutory fees of the county auditor will be increased, by allowing him compensation for services to be rendered in connection with the construction of free gravel roads and in administering oaths to persons who present claims for allowance before the county board; Board etc. v. Barnes, 123-404.

75

AN ACT to amend sections 15 and 16 of "an act concerning inclosures, trespassing animals and partition fences; Approved June 4, 1852, defining a lawful partition fence, being sections 4848 and 4849 of the Revised Statutes of 1881. Providing for the building, rebuilding and maintaining and repairing thereof by the trustee and the assessment by said trustee of an amount sufficient to make such fence lawful, and providing for the collection thereof and repealing all laws or parts of laws in conflict therewith. [Approved March 9, 1891; in force June 10, 1891; S., 1891, p. 398.

8029. [4848, 4849] Lawful fence - Partition fence - Agreement -Failure to perform - Notice - Township trustee build etc.— Lien-Repeals. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That sections 15 and 16 of said act be amended to read as follows: Section 15. A lawful fence shall be a straight board or a straight wire or a straight board and wire, or a picket, or a hedge fence four feet in height, a straight rail fence four and one-half feet high, a worm rail fence five feet high and all fences of every structure and sufficiently tight to hold hogs, sheep, cattle, mules and horses. Partition fences dividing lands occupied on both sides, except waste land and uninclosed woodland, shall be maintained throughout the year equally by the owners or occupants of said lands: Provided, a special agreement may be made between said adjoining owners or occupants to divide such partition fence, each party to build, rebuild, repair and maintain the portion assigned to him or her by such agreement. Section 16. If either party fails to maintain his or her portion of such fence as provided for in the preceding section or if [of] any agreement to be entered as provided in said section, or if either party fails to perform the condition of his or her part to be performed, then the other party may give the owner or occupant of said land of the party complained of, three days' notice that he will call upon the township trustee of the township in which such fence is situated, or if located on a township line, upon the township trustee of the township in which the land of the party so notified is situated, said trustee to be named in said notice, to examine said fence, and if said trustee declare said fence to be insufficient, it shall be his duty to cause to be furnished a sufficient amount of material, and employ a suitable person or persons to build, rebuild or repair the same and the cost thereof together with a reasonable fee for the services of said township trustee shall be a lien on said land to be enforced as other liens are enforced. Nothing in this act shall apply to lands subject to overflow. All laws or parts of laws in conflict with the provisions of this act, are hereby repealed.

NOTES TO CHAPTER 60.

FENCES.

ARTICLE 1 - GENERALLY.

4838. Notice to owner. This section which requires the taker up of an estray, within twenty-four hours, to give notice to the owner of the animal, if known and he can be immediately found, "is to be construed in connection with sections 4839-40 which require an assessment of damages before notice, by posting, is given and that the fact of trespass in the inclosure of the taker up and the damages assessed etc. shall be included in the notice. So construed, posting or advertising is not contemplated in cases where personal notice can be given. Laws of the character of the estray law are to be strictly construed against the party who claims the benefit thereof. He must follow their provisions closely or lose all benefit therefrom; Haffner v. Barnard, 123-434.