SEC. 7. All the provisions of an act entitled "an act to incorporate the Terre Haute and Richmond Railroad Company," approved January 26, 1847, not inconsistent with the foregoing sections of this act and not heretofore amended, together with the amendments thereto, so far as the same are applicable, are hereby declared to be a part of this act.

SEC. 8. This act shall be taken and deemed a public act, and shall be in force from and after its passage.

CHAPTER CXXIX.

An act for the benefit of the Mount Vernon and New Harmony Plank Road Company.

[APPROVED FEBRUARY 13, 1851.]

WHEREAS, It is represented to the General Assembly of the State of Indiana, that some irregularities are supposed to have taken place in the organization of the Mount Vernon and New Harmony Plank Road Company; therefore,

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That all the proceedings of the Mount Vernon and New Harmony Plank Road Company, in the organization of the same, be, and the same are hereby legalized, and the said company declared to have and possess all the rights, powers, privileges, and immunities which of right it could have and enjoy, if all the requisites to its organization, and the location of said road had been fully and in all respects complied with, according to law:

SEC. 2. That all the acts, contracts, and proceedings of said company, after its organization as aforesaid, in and about the construction of said road, in all matters and things relating thereto and connected therewith, be taken and deemed in all respects as legal and effectual in law or equity as if all laws had been fully complied with in the formation and organization of said company. SEC. 3. That the said company shall have power and authority to construct lateral roads to the main road from Mount Vernon to New Harmony, at any point or points upon the same, and for such distance or distances as said company may determine, upon the subscription of stock according to law, and in the same manner may extend said road at either end of the same.

SEC. 4. That said extension of said road, or said lateral road or roads, when so constructed, shall be governed in all respects as the main road now is, or may hereafter be governed by the laws of the State and the by-laws of said company: Provided, Toll may be charged on said extension, or lateral road or roads, for any distance the same may be constructed.

SEC. 5. That in all suits, actions, and prosecutions, dealings and contracts, the original name or title of said company may be used, notwithstanding the extension or construction of lateral branches to the same.

SEC. 6. Said company is hereby authorized to receive additional subscriptions of stock to construct said extension or extensions, lateral road or road, to be collected and expended for the same by the officers of said company, and said extension or extensions, lateral road or roads, shall be laid out, constructed, and governed in all respects by the general plank road laws which are not inconsistent with this act.

SEC. 7. Said extension or extensions, road or roads, when so constructed, shall be under the control and direction of said company and subject to all the by-laws enacted by the same.

SEC. 8. This act to take effect and be in force from and after its passage.

An act to amend the charter of the town of Bloomington, in the county of Monroe.

[APPROVED FEBRUARY 12, 1851.]

SECTION. 1. Be it enacted by the General Assembly of the State of Indiana, That the corporate limits of the town of Bloomington, shall hereafter be as follows, to-wit: Said town corporate shall include the south-east quarter of section thirty-two, in township nine north, of range one west; and the south west quarter of section thirty-three, in township nine north, of range one west, and also the following described territory, to-wit: beginning at the south-west corner of Seminary out-lot number sixty; thence east with, and including the street to the south-east corner of Seminary out-lot number seventy-six; thence north with, and including the street to the

south-east corner of said quarter section, secondly above mentioned.

SEC. 2. The number of trustees in the common council of said town is hereby increased to eleven, to be elected and qualified as heretofore, and to be distributed among the wards of said town, as the common council thereof shall order and appoint.

SEC. 3. Said common council shall have power to divide and subdivide the territory of said town, within the corporate limits of the same, into wards, for the election of trustees, and to alter the same at pleasure: Provided, That no change therein shall be established within a period of three months next preceding the annual election therein: and, Provided, Public notice shall be given of all such changes, in the same manner as other ordinances of said council are required by law to be published.

SEC. 4. The corporate name of said body shall hereafter be "The Council of Bloomington," and the mayor, or recorder and seven trustees, shall be necessary to form a quorum for the transaction of business.

SEC. 5. The marshal of said town shall give bond in the same amount and same manner as is by law required of the mayor.

SEC. 6. The marshal of said town may appoint one or more deputies and shall be responsible on his official bond for the acts of the same in their office; and the marshal shall be ex officio street commissioner and road supervisor, within the corporate limits.

SEC. 7. The council shall annually appoint an assessor for the said town corporate, whose duty it shall be to make an assessment of taxes for the corporation, in the same manner as is now required by law of the township assessor of Bloomington township, in said county, subject to the provisions of law.

SEC. 8. Each able-bodied male citizen of the age of twenty-one years and under the age of fifty years, who shall have resided within the corporate limits of said town for three months before the time of assessing the taxes, shall be required to pay, and shall be assessed with a road tax of one dollar, to be assessed and collected as other corporation taxes, to be applied to the roads, streets, and alleys of said town, which may be discharged by two days' work on said roads, streets, and alleys, at such time and place as the marshal shall direct, and under his supervision; and the receipt of the marshal for said road tax shall be taken in discharge of the same; and the said council shall not be required to work, or cause to be worked, any roads without the corporate limits of said town.

SEC. 9. No amendment shall hereafter be made to the charter of said town, unless the same shall have been published in a newspaper in said town, or by written or printed advertisements set up in some conspicuous place in each ward, at least three weeks previous to its introduction into the legislature.

SEC. 10. All fines assessed and collected by the mayor or

recorder, shall be paid over to the treasurer of said town corporate, and shall be expended within the corporate limits of the same for road purposes.

SEC. 11. This act to be in force from and after the last day of February, A. D. 1851: Provided, however, That the extension of the corporate limits of the town of Bloomington, as in this act contemplated, shall not take effect and be in force until a majority of the male citizens over the age of twenty-one years and who are residing on, or owning lands or lots within the territory hereby proposed to be included within the corporate limits aforesaid, and who, according to the municipal laws of said town, would, if included, be liable to pay any municipal tax, shall assent thereto, under their hands, on the record book of the council of said town; but in any event the council of said town shall have full and complete jurisdiction over the streets and alleys leading to the graveyard, for the purpose of opening and keeping the same in repair; and all laws and parts of laws conflicting with the provisions of this act are hereby repealed.

CHAPTER CXXXI.

An act in relation to the Northern Indiana Railroad Company.

[APPROVED FEBRUARY 8, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the said Northern Indiana Railroad Company be, and it is hereby authorized and required to construct, and maintain, and operate a branch railroad from its main line at the village of Elkhart, in the county of Elkhart, to the village of Goshen, in said county, by the first day of August, 1852: Provided, The citizens of Goshen and in its vicinity subscribe to the capital stock of said company the sum of twenty-five thousand dollars, in good, solvent subscription, by the first day of March, 1851, and will thereafter, before the time for the completion of said road, subscribe an additional amount to said stock sufficient to cover the cost of the right: of way for said branch road, and also donate to said company suitable depot grounds, at Goshen, in a quantity of not less than six acres, and situate in a convenient place for the business of said vil

lage of Goshen. That if said company shall fail to comply with the provisions of this section, this act shall become null and void.

SEC. 2. That said company is hereby authorized, empowered, and required to extend said branch of said road from Goshen easterly to the eastern line of this State, through the counties of Lagrange and Steuben, on the best and most suitable ground, in the most direct course toward Toledo, in the State of Ohio, and with the assent of the State of Ohio, to the city of Toledo; and it is expressly declared that the said company shall and will expend and outlay upon and toward the construction of that part of the said line lying within the counties of Lagrange and Steuben, the sum of seventy-five thousand dollars, within four years next ensuing from the passage of this act, and shall and will finish the entire line of said road through the counties of Lagrange and Steuben, as aforesaid, to the said city of Toledo, within six years after the passage of this act; and in case said company shall fail or refuse to comply with either of the provisions in this section within the time, manner, and place specified herein, all the rights and privileges granted under or by this act and any act to which this is amendatory or to which it refers, and under any other act, shall from thence become absolutely null and void: Provided, however, That said company shall not be required either to make such expenditure of (seventyfive thousand dollars,) $75,000, or to finish the entire line specified, unless there shall be subscribed by good and bone fide subscription to the capital stock of said company, within the counties of Lagrange and Steuben, a sum, in the aggregate, not less than (thirty thousand dollars,) $30,000, to be subscribed and paid in similar instalments, and at such times as other subscriptions are to be paid, for the construction of said branch road, and as called for by the board of directors of said company, for the construction of said branch within the said four years, and to be expended and outlaid upon and towards the construction of that part of said line lying within said counties of Lagrange and Steuben. The intention of this provision being to secure the expenditure and outlay within the ensuing four years from the passage of this act, of the aggregate sum of one hundred and five thousand dollars upon and towards the construction of that part of said line lying in said counties as above specified: Provided, further, That said subscriptions to be made in the said counties shall not be required unless the board of directors of said company open books of subscription at the county seats of Lagrange and Steuben, and of which time and place of opening said books at least (thirty) 30 days' notice shall be previously given, and at which time and place said books shall be kept open for the term of time of at least twenty days, and the subscrihers to such stock in said counties shall be allowed to pay their stock subscriptions in cash, or in work, labor, or materials for such road within the respective counties: Provided, That a failure of the