[Acts July special session 1920, p. 160. In force July 31, 1920.] 5917a2. Use of aviation field, rules, transfer to United States.6. Rules governing the use of such field and any of its appurtenances shall be adopted and promulgated by such municipality, and it may transfer the same or the control and management thereof to the United States on such terms and conditions as its governing body sees fit, provided its citizens are not debarred from the privileges thereof except as a war measure.

Section 7 of the above act provides that the act be in force from and after its passage.

5932. Fixing tax rate-Appropriations.

When a statute directs that the county council shall make an appropriation under specified conditions, and such conditions are complied with, it is the duty of the council to make the appropriation, and if it refuses to do so it may be compelled by mandate to make the appropriation. State ex rel. v. Meeker, 182 Ind. 240, 105 N. E. 906.

5937. Filing estimates-Notice-Ordinance for tax.

A board of county commissioners can not order the payment out of the county treasury of damages awarded for the opening of a highway unless an appropriation has been made for such purpose by the county council. Lortz v. Davis, 50 App. 337, 97 N. E. 200.

Under this section and section 5942, and in view of sections 5933, 5934, 5937, an assistant county superintendent appointed prior to the taking effect of section 6400c, can not recover for services where no money was appropriated. of Comrs. of Daviess County v. Fulkerson, App. 127 N. E. 558.

5942. Contracts by officers.

Board

In view of this section and section 10271, and Acts 1909, ch. 8, section 1, it was held that a contract made prior to the enactment of such statute, for collection

of taxes without an appropriation, was legalized by such act regardless of whether the appropriation was necessary prior to the enactment of the curative act. Board of Comrs. of Wabash County v. Workman, 186 Ind. 280, 116 N. E. 83. See note to section 5939.

5944. Courts binding county.

Allowances can not be made by courts to attorneys appointed to prosecute or defend criminal actions, unless an appropriation has been made by the county council to pay for such services. Knight v. Board of Comrs., 179 Ind. 568, 101 N. E. 1010.

[Acts 1921, p. 385. In force March 9, 1921.]

5949. Borrowing money, limit, tax levy.-32. The county council shall have the exclusive power to authorize the borrowing of money for the county, but the total amount of county indebtedness shall not exceed an amount equaling two (2) per cent. of the taxable property of such county, as the same may appear on the tax duplicate for the year in which such loan shall be effected. The ordinance authorizing such loan may direct the issue of bonds or other county obligations, negotiable or otherwise, bearing interest at a rate not exceeding six per cent. per annum, and running not to exceed twenty (20) years. It shall be lawful to provide that the bonds of any series may mature by installments payable annually, or otherwise, if deemed for the public interest. It shall be lawful to issue and sell bonds for any lawful corporate purpose, including the building of county bridges, and the repair of improved public highways of the county, except that no bonds shall be issued or sold to pay for any current expenses of such county incurred after the passage of this act. Temporary loans may be authorized to meet current running expenses to an amount not exceeding the revenue for the current year, and only as an anticipation of such revenue. It shall be the duty of said council each year to levy an annual tax within the rate prescribed by law, sufficient to pay all current running expenses of the county, including such temporary loans and interest on county indebtedness, and shall also make a levy as heretofore required to be made by the county commissioners under section 5753 of the Revised Statutes of 1881, if the county have any bonded indebtedness. If for any reason the amount of revenue in any year should fall short of the sum expected to have been raised, and thereby a deficit shall be incurred for current running expenses, then it shall be the duty of said council to provide for such deficit in the next tax levy. Whenever any bonds are authorized the ordinance shall state the purpose for which said bonds are issued, so that the record may show that such bonds are issued either for the purpose of paying any county indebtedness incurred before the passage of this act or for county expenses authorized by law other than current running ex

penses, or for the payment of bonds issued for said lawful purposes after the passage of this act.

This section amends section 5949 Revision of 1914.

See section 5957 for section 2 of this act.

Section 3 of the above act provides that the act be in force and effect from and after its passage.

The bonds authorized to be issued under the Act of 1913, providing for the construction of drains and levees, are not bonds of the county, and are not to be considered as a part of the indebtedness of a county. Thorlton v. Guirl Drainage Co., 184 Ind. 637, 112 N. E. 5.

In view of Acts 1913, sections 12, 15, 18, 19, and Stat. 1914, section 5949, it is held that sections 23 and 24 of Acts 1913, relating to drainage, when construed with the other sections of such act, do not authorize the county commissioners to pledge the credit of the county for the payment of bonds issued for drainage out of the general taxes, but that they are payable only from the proceeds of assessments on lands benefited. Thorlton v. Guirl Drainage Co.,

184 Ind. 637, 112 N. E. 5.

5955. Claims itemized, approval.

Under this section, and section 5962, a claim against a county not accompanied by a certificate of the auditor that the quantity of the goods and the price corresponds with the contract money paid under such contract by the county may be recovered. Herald Pub. Co. v. State ex rel. Board of Comrs. of Madison County, 63 App. 465, 114 N. E. 703.

5956. Claims under contracts, allowance, payment.

Mandate will not lie to compel a county board to allow a claim for work done under a contract, but when a claim is disallowed the remedy is by an appeal from the decision of the board. Board of Comrs. v. State ex rel., 179 Ind. 644, 102 N. E. 97.

[Acts 1921, p. 385. In force March 9, 1921.]

5957. Bonds, sale, execution.-40. Whenever any bonds are authorized by county council, to be sold, it shall be the duty of the auditor to prepare and place on file in his office printed copies of the ordinance authorizing the same, together with specifications describing said bonds which are proposed to be sold. Said statement shall also contain a list of various outstanding debts of said county and of the amount of the assessment of property for the current year in said. county, together with such other information as may assist bidders and the public generally to understand the financial condition of said county, and to determine the market value of such bonds. Such printed information shall be delivered to persons desiring the same and to financial institutions which are in the market for the purchase of county bonds. Upon the completion of such specifications said auditor shall cause a brief notice to be published one time in two leading newspapers of general circulation published in the county, if there be such, representing respectively the two political parties casting the highest number of votes in such county at the last pre

ceding general election, informing the public of the amount and character of bonds to be sold, the rate of interest which they are to bear and the time they are to run; of the fact that specifications of said bonds and information concerning same are on file in the office of said auditor, and may be obtained on application. Such notice shall be for sealed proposals on a day not earlier than three weeks after such publications. Said auditor shall, if a satisfactory bid be received, let such contract to the highest responsible bidder: Provided, That such bonds shall not be sold for a less amount than the par value and interest accrued to date of sale. Whenever any loan shall have been authorized by the county council otherwise than by the issue and sale of bonds, it shall be the duty of the auditor to make publication and receive bids under the same conditions and in the same manner and to let said loans to the highest and best bidder, in all respects as he is required to do in the case of the sale of bonds. Whenever any bonds are to be issued it shall be the duty of the auditor by and with advice of the county attorney, to cause the same to be prepared and engraved or printed and deliver the same to the county treasurer, who shall be charged therewith. All bonds [,] notes, or other evidence of indebtedness of the county shall be executed by the commissioners and attested by the auditor of said county, and all moneys received therefor shall be paid to the treasurer, who shall thereupon deliver said. bonds or notes to the persons entitled to receive them. Each of said bonds or notes shall contain a reference to the ordinance authorizing the same and the date of its passage.

This section amends section 5957 Revision of 1914.

See section 5949 for section 1 of this act.

Section 3 of the above act provides that the act be in force and effect from and after its passage.

5958. Forms for bidders, bonds, deposits.

Bidders for public work may add to their bids the words "this bid conditional upon being awarded all the work." Ness v. Board of Comrs., 178 Ind. 221, 98 N. E. 33, 1002.

5959. Affidavits, collusion.

The bid of a contractor for a public work is not defective because the bidder does not state in his affidavit of noncollusion that he did not have any agents or representatives present when his bid was made and filed. Ness v. Board of Comrs., 178 Ind. 221, 98 N. E. 33, 1002.

An affidavit of noncollusion by bidders for public works may be made and sworn to in the name of a firm. Eigenmann v. Board of Comrs., 53 App. 1, 101 N. E. 38.

5969. Elected in each county-Vacancies.

An objection to any member of a board of county commissioners acting in a matter before the board because of his interest in the subject-matter, must be made at the earliest opportunity or such objection will be considered waived. Thompson v. Ferguson, 180 Ind. 312, 102 N. E. 965.

[Acts 1921, p. 395. In force May 31, 1921.]

5980a. Bailiff in counties from 110,000 to 150,000.-1. There is hereby created the office of bailiff of the county commissioners' court in each of the counties of the State of Indiana having a population of not less than one hundred and ten thousand (110,000) and not more than one hundred and fifty thousand (150,000), according to the last preceding United States census. Said bailiff shall be appointed by the boards of commissioners of the respective counties. He shall perform all of the duties required and usually performed by a bailiff of a circuit court of the state, and in addition thereto shall also do any clerical or other work in connection with the business of the board of commissioners appointing him and the commissioners' court, as the board may require and direct. Said board of commissioners may allow and