for the faithful discharge of his duties according to law and as in this act prescribed. He shall, with each estimate, as provided for in section three of this act, report to the board of commissioners the condition of the work; and on the completion of said work according to the contract, plans and specifications, he shall make a final report and estimate thereof. Upon the approval of such final report and estimate by the board of commissioners, as aforesaid, the said board of commissioners shall accept said work, and the auditor of state shall draw his warrant on the treasurer of state for the balance due the contractor. The board may at any time remove said engineer and appoint another to complete the work. For any false statement in any report or estimate, or for any other neglect of his duty or violation of his said trust, said engineer shall be deemed guilty of a felony and may be fined in any sum not exceeding five thousand dollars, to which may be added imprisonment in the state prison not exceeding two years. Said engineer shall receive for his services, for the time actually and necessarily employed by him, the sum of six dollars per day, for which services and his necessary expenses he shall file with the auditor of state an itemized account, giving dates and nature of service and expense, verified by his affidavit and approved by the board of commissioners. Thereupon the auditor of state shall draw his warrant upon the treasurer of state in favor of such engineer for the amount due him. 8205. Appropriation. § 5. For the payment of the costs of said work and the expenses connected therewith, the sum of forty thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated. 8206. Emergency. §6. An emergency is hereby declared to exist for the immediate taking effect of this act, therefore the same shall be in force from and after its passage. AN ACT to authorize the board of commissioners for the removal of the limestone ledge in the Kankakee river to make changes in the length, width and depth of the new channel, and declaring an emergency. [Approved and in force March 6, 1891; S., 1891, p. 193. Preamble. WHEREAS, From the annual report of the board of commissioners for the removal of the limestone ledge in the Kankakee river, filed in the office of the secretary of state December 24, 1890, it appears that a complete survey of said work has been made by the engineer appointed by said board; and, WHEREAS, It appears from said survey that in the law providing for said work and defining the duties of said commissioners sufficient discretion is not allowed the board as to the form and dimensions of said work; therefore, 8207. Kankakee river - Removal of limestone ledge - Power granted. SEC. 1. Be it enacted by the General Assembly of the State of limeIndiana, That the board of commissioners for the removal of the make stone ledge in the Kankakee river be and is hereby authorized to such changes in the length, width and depth of the new channel to be con structed in the Kankakee river as may, by said commissioners, be found expedient: Provided, that the sectional area of said channel shall not be diminished, nor the expense to the state increased beyond the original appropriation: Provided further, that before any such change is made said commissioners shall first secure the consent and agreement of the Co tractor that said change may be made, and shall in no manner affect the contract heretofore made and the work shall be prosecuted and done un der the terms and stipulations of the said contract without any additional cost to the state: And provided, further, that before any such change is made said commissioners shall give bond with surety to be approved by the auditor of state, each in the sum of five thousand dollars that they will complete said improvement, when the changes herein authorized are made, for and within the limits of the appropriation heretofore made. 8208. Emergency. § 2. An emergency is hereby declared to exist for the immediate taking effect of this act; therefore, it shall be in force from and after its passage. AN ACT to grant a right of way through the east half of the west half of the southeast quarter of section six (6), township fifteen (15), range four (4), defining the location and width thereof and declaring an emergency. [Approved and in force March 5, 1889; S., 1889, p. 99. 8209. Highway - Right of, granted. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That there is hereby granted a right of way for highway purposes through the lands belonging to the state of Indiana described as the east half of the west half of the southeast quarter of section six (6), township fifteen (15), north range four (4), east. 8210. Location-Width. 2. Such right of way shall be sixty (60) feet in width, and shall commence on the east line of said described real estate at a point one thousand one hundred and sixty-six (1166) feet south of the northeast corner thereof, in conformity with what is known as East Ohio street, running east from said ground, and running thence west parallel with the north line of said lands to the west line thereof. 8211. Emergency. § 3. An emergency exists for the immediate taking effect hereof, therefore the same shall take effect and be in force on and after its passage. AN ACT permitting the board of trustees of the several asylums of this state to allow railroad companies to construct their line of road along, over and across the grounds belonging to the state and occupied by such asylum. [Approved March 7, 1889; in force May 10, 1889; S., 1889, p. 210. 8212. Public grounds - Railroad right of way. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That the board of trustees of any asylum in this state may and are hereby given the power to make and enter into a contract permitting any railroad company to lay their line of railroad along, over and across the lands so occupied by such asylum and so belonging to the state: Provided, such contract shall be in writing, signed by the parties thereto, and the same shall be in effect from and after the time such contract shall be filed in the office of the secretary of state: Provided, that no railroad shall be located upon or across the ground occupied by such asylums unless said railroad shall run and operate upon its line dummy cars and engines, or unless it be a horse, cable or electric street railway. NOTES TO CHAPTER 78. LICENSES. 5269. For what an amount to pay. A city ordinance which prohibits any traveling merchant, or peddler, from selling or offering to sell any merchandise without having obtained a license can not be enforced against one, a citizen of another state, who visits from house to house, within the city, soliciting orders for the sale of goods not in this state, by sample; inasmuch as it assumes to establish a regulation affecting commerce between the states. (M'Call v. California, 136 U. S., 104; Stoutenburgh v. Hennick, 129 U. S., 141; Asher v. Texas, 128 U. S., 129; Robbins v. Taxing Dist., 120 U. S., 489); M'Laughlin v. S. Bend., 126-471. Enforcement. SEC. 8223. Repeal of section. 8226. Emergency. 8227. Repealing clause. 8228. Repealing clause. 8229. Emergency. VENDOR'S lien, release on record. 8230. 8231. Release by certificate. 8232. Emergency. AN ACT to encourage the breeding of improved stock, giving the owners of sires a lien upon their get:" providing for the recording and enforcement of such lien and affixing penalties for the violation of this act. [Approved March 8, 1889; in force May 10, 1889; S., 1889, p. 233. 8213. Stock breeding - Pedigree, filing of— License to keep for service. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That the owner of any improved stock sire, who desires to charge a service fee for such sire, may file with the county clerk of any county or counties in this state, in which such sire is kept for service, a sworn statement, which shall give the name, age, description, breeding and pedigree of such sire, and, if registered in any herd or stud book, his number and volume of said registry, and the clerk shall thereupon issue to such owner a license, which shall embody said sworn statement, under his hand and official seal, authorizing such owner to keep such sire for service in such county or counties, and charge therefor such fee for service as the owner of the dam may agree to pay, and such clerk shall be entitled to charge and receive a fee of fifty cents, and no more, for taking and filing such sworn statement and issuing such license. 8214. License and pedigree-Posting of. § 2. That a copy of such license, embracing such sworn statement and pedigree, with the fee the owner proposes to charge for service, shall be posted by the owner of such sire in two or more conspicuous places in the vicinity of the place where such sire is kept for service, and should any part of said sworn statement be, to the knowledge of the owner of such sire, false in any particular the owner shall not be entitled to collect any fee for such service, and the falsity of such statement, or any part thereof, may be plead in bar to any contract or account for service of such sire. 8215. Lien upon "get"- Enforcement of. § 3. The owner of any sire who, having complied with the provisions of this act and obtained such license and posted the same as herein required, may have and obtain a lien upon the "get" of any such sire for the amount of the fee agreed upon for such service, or if no note or written agreement is made, then for the amount of the advertised fee charged for such service, which lien shall date back to the time of the rendition of such service, and run for two years from the date of such service: Provided, however, that said lien shall not be valid as against any innocent purchaser of such dam, unless the person entitled to said lien shall, within one year from the rendition of such ser vice, file in the office of the recorder of the county where the owner of said dam resides a written notice containing a description of said dam, the name of the owner, the name of the sire, and the name and residence of his owner, the date of said service, and the amount due for the same, together with any written contract which may have been made at the time of the rendering of such service, and the filing of the same shall be notice to all of the existence of such lien, and such lien may be enforced by suit before any justice of the peace of any township in this state where such "get" may be found, at any time within twelve months from the date of the filing of such notice, but not afterwards. 8216. Recorder's record-Fees. § 4. It is hereby made the duty of the recorder of each county in this state to provide and keep in his office a book wherein he shall record the notice provided for in section 3 of this act, and for the recording of each one of which said notices the said recorder shall be entitled to receive the sum of twenty-five cents, to be paid him by the person filing the same in his office, and upon the payment of the fee or price of such service, the owner of such sire shall acknowledge payment thereof, in writing, upon the face of said record, which said acknowledgment shall be attested by the said recorder, who shall receive therefor a fee of ten cents. 8217. Lien, enforcement of - Execution. § 5. If the price of said service be not paid at the expiration of the credit given therefor, the per- . son entitled to the same may enforce the same by suit before such justice, and a certified copy of such notice, under the hand and seal of such recorder, shall be sufficient complaint in a suit before such justice of the peace to enforce such lien; and should the owner of the dam fail to pay the judgment rendered by such justice for such service, the "get" of such sire shall be sold on execution, without relief from valuation or appraisement laws, to satisfy such judgment. 8218. Misdemeanor - Sale of "get' Sale of dam. § 6. Any person having bred a dam to such sire who shall sell or dispose of the same, knowing such fee to be due and unpaid, and without making any provision for the payment of the same, and to avoid the lien created by this act, or who shall run off, or in any wise conceal the "get" of such sire with intent to cheat, hinder and defraud the person entitled to said lien, or with intent to prevent a sale of such "get" for the payment of said lien, as in this act provided, or who, owning any dam shall falsely and fraudulently represent that she has been bred to any improved sire other than the one she has actually been bred to, for the purpose of inducing any one to buy or trade for such dam, shall be deemed guilty of a misdemeanor and, on conviction thereof, may be fined in any sum not exceeding fifty dollars. AN ACT concerning liens of mechanics, laborers and material men, amending sections 1, 2, 3 and 6 of "An act entitled an act concerning liens of mechanics, laborers and material men, approved March 6, 1883," repealing section 5 of said act, amending section 1 of an act entitled "An act concerning liens of mechanics, laborers and material men, approved April 13, 1885," repealing all laws and parts of laws in conflict therewith and declaring an emergency. [Approved and in force March 9, 1889; S., 1889, p. 257. 8219. [5293] Mechanic's lien declared - Described. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That section 1 of an act entitled "An act concerning liens of mechanics, laborers and material men," approved March 6, 1883, be and the same is hereby amended to read as follows: Section 1. That contractors, sub contractors, mechanics, |