Burns' Annotated Indiana Statutes: Showing the General Statutes in Force January 1, 1914 : Emrracing [sic] the Revision of 1881 as Amended, and All Permanent, General and Public Acts of the General Assembly Passed Since the Adoption of that Revision : Containing Also the United States and Indiana Constitutions, All Completely Annotated, Volume 2

Indiana, Harrison Burns

Bobbs-Merill, 1914

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CHAPTER	3

Clerk to act in vacation 2726 Vacation orders and entries 2727 Records and books	4

Probate commissionerAppoint mentSalary 2729 Oath and term of office 2730 Powers of commissionerRe moval 2731 Duties to be defined 2732 Rul...	5

Services when suspended 2734 Probate commissioners assistants	6

Assistants number pay ARTICLE 2 LETTERS TESTAMENTARY	7

When and to whom issued 2738 Executor must be named 2739 Renunciation 2740 Power of executor before letters 2741 Letters with the will annex...	8

LETTERS OF ADMINISTRATION 2742 To whom issued	9

In what county	10

FOR WATERWORKS 4424 Completion of unfinished canals PurposesRecord 4425 Articles of association	665

DirectorsPowersElection 4427 Collection of calls 4428 Right of way 4429 Reorganization of existing com panies	666

Liability of stockholders 4431 Power of directors 4432 Effect of	667

CHAPTER 31	668

4453c Failure to seal removal of bodies	675

4453d Penalty	676

CORPORATIONSCHURCHES ARTICLE 1 BY UNION 4454 Churches may unite and appoint trustees 4455 Certificate filed with recorder 4456 Tru...	677

PROTESTANT EPISCOPAL CHURCH 4477 Wardens and vestrymen incorpo rated 4478 Number and termRector member a 4486 Vestry dissolved...	682

Preference 2745 Who not entitled 2746 Foreign executor	11

Estate of absentee	12

Presumption of death of absentee 2749 Return of absentee 2750 Wife of absentee 2751 Guardianship of absentees chil dren 2752 Effect of proceedi...	13

Special letters 2754 Powers of special administrator	14

Special administrator in contest of will 2756 VacancyAdministrator de bonis	15

Administrator de bonis non after settlement 2758 Letters conclusive evidence	16

BOND AND REMOVAL 2759 BondOathExaminationRe cording	17

Clerks report 2761 Validity of bond 2762 Application for removal	18

Citation 2764 Notice to nonresident 2765 Hearing 2766 Costs on removal	20

Time for new bond 2768 Effect of marriage 2769 Application by surety for release 2770 Intermeddling after removal	21

Appointment of successor 2772 Embezzlement 2773 Citation and attachment 2774 Acts when valid	22

Intermeddling	23

NOTICE AND INVENTORY 2776 Notice of appointment 2777 Inventory	24

Appraisement 2779 Omitted articles	25

Real estate when included 2781 Mortgage when assets 2782 Mortgage when released 2783 Mortgaged premises when held in trust 2784 One executo...	26

Specific bequest when delivered 2786 Widows five hundred dollars	27

Return of inventory 2788 Examination and proceedings 2789 Separate inventories 2790 Additional inventories 2791 Executor etc must keep copy	29

References are to Sections CHAPTER	32

Jurisdiction in proceedings by for eign executor or administrator 2886 Mortgage and lease	54

GOVERNMENT	55

CONTENTS	59

Mortgage or leaseBond 2888 Accounting 2891 Notice of petition	74

Hearing decree 2893 Claims when barred 2894 Costs 2895 Possession of real estate 2896 Accounting for rents	75

CONVEYANCE UPON TITLEBOND 2897 Petition by executor or adminis trator 2898 Proceedings of court 2899 Tender and demand for payment ...	76

PAYMENT OF DEBTS AND LEGACIES 2901 Order of paying debts	77

Legatee etc may apply 2903 Bond required 2904 Legacies when paid	79

Payment to guardian ARTICLE 12 ACCOUNTING AND SETTLEMENT 2906 First account	80

Payment to creditors by order	81

Payment of claimsPenalty for delay 2909 Accounts currentCitation 2910 Verification 2911 Charges and credits	82

Notice of hearing 2913 Hearing and order	83

Citation to account 2916 Further accounting	85

Final settlement after year 2918 Services and attorneys fees	86

Compensation by will 2920 Attorneys fees 2921 Vouchers 2922 Creditor may take claim	87

Settlement and discharge	88

Setting aside settlement	89

Correcting errors ARTICLE 13 DISTRIBUTION	90

When and how made	91

Proof of title 2929 Advancements how reckoned	92

What not an advancement	93

Payments to 2933 Receipts binding 2934 Bond to refund minors without 2935 Real estate of absent owner	94

Same subject 2937 Appearance of owner 2938 Same subject 2939 Money of absent owner	95

Report to state auditor 2941 Notice to absentee 2942 Liability of executor or adminis trator 2942a Heirship not proven disposition of share	96

2942c Order and payment to heirs 2942d Default of clerk liability ARTICLE 14 ESTATES UNDER FIVE HUNDRED DOLLARS 2943 Widows peti...	97

Certificate and its effect	98

INSOLVENT ESTATES 2947 Petition to settle as insolvent 2956 First account 2948 Contents of petition 2957 Hearing and order 2949 OrderNotice ...	99

Claims filed after first year	102

Contingent claim by surety 2964 Final settlementNotice	103

Suit and where brought 2967 Decree against real estate	104

Personal judgment when 2969 What property to be first sold 2970 Extent of liability	105

APPEAL 2977 By whom and how takenBond 2978 Bond and transcript when filed 2979 Costs 2971 Provisions of will to be complied with 2972 Joi...	106

SUITS AGAINST EXECUTORS AND ADMINISTRATORS 2981 Who may sue and for what	109

CostsDamages	111

No stay or relief ARTICLE 19 GENERAL PROVISIONS 2984 Filing and proof of publication 2987 Executor etc may administer 2985 Certified co...	112

Proof aliunde oaths 2988 Docket and blanks 2989 Proceedings legalized	113

CHAPTER 7	114

To children equally DESCENT 2991 When and how to grandchildren	115

When to parents and brothers and sisters 2993 How brothers sisters and parents take	116

When no heirs under preceding rules	117

Causing death no inheritance 2996 Kindred of the halfblood 2997 When estate reverts to donor	118

To illegitimate child from mother	119

When from father to illegitimate child 3000 Illegitimate child inheriting from father	120

Bastard how made legitimate 3002 From illegitimate child to mother 3003 When estate escheats 3004 Sale of escheated estates	121

Warranty deed 3006 Unclaimed estates action by state	122

Escheated land in Lawrence and Monroe counties 3008 Indiana University controls 3009 Use of land designation 3010 Advancements	123

Advancement how estimated 3012 Rules subject to right of husband or wife 3013 Courtesy and dower abolished 3014 What descends to widow	124

What to husband from wife	128

When widow and one child	129

When personal property goes to widow and children 3019 Childless widow life estate	130

ConveyanceChildren estopped	131

Conveyance by wife and children Estoppel 3022 When act applies	132

Childless second wife conveyance by children 3024 Former conveyances valid 3025 Widows interest in personal es tate	133

Wifes personal property	134

When from husband or wife to survivor and parents	135

When all to husband or wife	136

Widows right in real estate 3030 Dwellinghouse use of for a year 3031 Widows rights in equitable titles	138

MAKINGREVOCATIONEFFECT 3112 Who may make a will	178

Married women may 3114 Wills made valid	179

Revocation and republication 3116 When birth of child revokes 3117 Death of such child 3118 Marriage of testatrix revokes	180

3118a Revocation of will by marriage 3119 Effect of contract for conveyance 3120 Incumbrance not a revocation 3121 New estate in devised prope...	181

Construction and effect	182

Contribution between devisees 3125 Marshaling assets to pay debts 3126 Liability for debts	184

When devise shall not lapse 3128 Executors indebtedness not dis charged 3129 Mortgages how paid	185

When title from heirs not	186

How executedWitnesses	187

Nuncupative will	188

Who may have probate 3136 Where probated 3137 Absentees probate of wills	189

Witnesses 3139 Citation to produce 3140 Citation to produce 3141 How proved	190

Probate of willsDepositions 3143 How proved in absence of sub scribing witnesses	191

Effect of bequest or devise to subscribing witnesses 3145 Proof how preserved 3146 Certificate of probate	192

Will proved as evidence 3148 Application to court 3149 Foreign wills 3150 Foreign wills 3151 Foreign wills	193

Wills executed here ARTICLE 3 CONTEST 3159 When infants absentees or in sane may contest 3153 Objections to probateContinu ance	194

Complaint to contest	197

Bond of contestor	200

NoticeHearing 3157 Other contestors not barred 3158 Contest of foreign wills	201

Determination of court 3161 Costs 3162 Clerks dutyRevocation of pro bateCosts 3163 Appeal to supreme court	202

Opinion of supreme court ARTICLE 4 LOST WILLS 3165 Record of decree establishingEf fect 3167 Proofs to establish lost will 3168 Record as evi...	203

Effect of restraining orders ARTICLE 5 GENERAL PROVISIONS 3169 The term will construed	204

Act applies to all wills 8171 Former wills not impaired 8172 Recording in recorders office 3173 Benevolent devisesReports of trusteesFailurePenalty ...	205

Incorporation 3176 Officers 3177 Meetings 3178 Annual report 3179 State fairs 3180 Expenses 3181 May buy land References are to Sections CH...	206

Purchases ratified	207

Exempt from tax 3184 Exemption from taxation 195 Formation 3196 Premiums 3185 Yearly appropriation 3186 Room for specimens 3187 May b...	208

Indebtedness evidence of 3189 Mortgage of propertyBonds 3190 Bonds no priority 3191 Live stock pavilion	209

Bonds issue and payment 3193 Vacancies how filled 3194 Highway through grounds ARTICLE 2 COUNTY SOCIETIES	210

Appropriation by county 3198 Two or more fairs division 3199 Publication and reports	212

Corporate powers 3201 Purchases legalized 3202 Taxation exemption 3203 May sell lands 3204 Sale of lands	213

Mortgage and bonds 3206 InterestTax exemption 3207 Surplus retirement of bonds 3208 Stock 3209 Voting 3210 County institutes 3211 Rules	214

Appropriation 3213 Farmers institutes county war rant 3214 Application for warrant state ment 3215 Womans auxiliary	215

Warrant amount 3217 Expenses defined 3218 False reports penalty 3219 Supplemental act ARTICLE 3 FAIRS	216

Interstate fairsOrganization 3221 Articles of incorporationWhere filed 3222 Powers 3223 Shares 3224 OfficersRuresRecords 3225 PropertyAmount ...	217

Capital stock 3227 Premiums 3228 List of awardsReport 3229 Sale of lands	218

Allowance from county 3232 Improvement of breeding and speed of stock 3233 Articles of incorporationRec ord 3234 Rights and powers	219

Rules and bylaws 3236 Entering horses under assumed names 3237 Penalty 3238 Changing names of horses 3230 Right to borrow moneyBonds AR...	220

CHAPTER 11	222

Order to specify 3244 Taking	223

Notice 3246 Advertisement 3247 Return to owner	224

Sale ANIMALS 1 RUNNING AT LARGE 3249 Road supervisors taking	225

License to keep sire for service 3251 Copies of license to be posted 3252 Lien on getHow obtained 3253 Record of notice	226

Suit to enforce lien 3255 Owner of dam attempting to pre vent lienPenalty	227

trustee	229

EvidenceLiability	238

BODIESDISPOSAL	246

STALLIONS AND JACKSBREEDING 3299 Stallion or jack public serv ice enrollment 32990 Enrollment board terms offi cers pay 3299p Duties of ...	248

CHAPTER 12	254

Persons privileged 2303 Places and times 3306 Failing debtor may make 3301 Duties of committee Compensa tion CHAPTER 13	256

Attachment for contempt	257

CHAPTER 14	258

How made	259

Trustees duty	260

Clerks minute 3310 Removal of trustee 3311 Notice of appointmentInven 3322 Claims verified	261

Appraisement 3313 Valuation by appraisers 3314 Exemption 3315 Duties of trustee	262

Resale of lands of insolvent debt ors 3321 Fraud how prevented	266

Compounding debts 3324 Final report 3325 Removal and discharge of trustee	267

Appeal 3327 Fees 3328 Surviving partners	268

CHAPTER 15	269

Directors 3331 President and cashier	270

Corporate powers	271

Election and duties of directors	273

Who ineligible as directors 3335 Stock payments	274

StockIncrease and reduction 3337 SurplusDividends	275

List of stockholders 3339 Liquidation 3340 Purchase of real estate	276

Liability of stockholders 3342 What transfers void	277

Number of directors 3344 Annual statements 3345 Penalties	278

How organized 3349 Certificate References are to Sections ARTICLE 2 SAVINGS BANKS 3350 Execution and recording of cer tificate 3351 Forfei...	280

Loans on stocks 3368 Depreciation of securities 3369 Reserve deposit 3370 Restrictions on loans 3371 Real estate purchases 3372 BankinghouseCost	285

Real estate sales 3402 Private banking 3403 Assets investment 3374 Restrictions on dealings 3375 Surplus fund 3376 Accounts and dividends 3377 ...	286

Limit of dividends 3380 Discrimination in dividends 3381 Division of profits 3382 Residue distributed 3383 Trustee how suspended 3384 Notice of ...	287

Annual reports 3388 Assets to be stated 3389 Liabilities to be set out 3390 Form of report 3391 Report how verified	288

Penalty for not reporting 3393 State auditors report 3394 Visitation by auditor 3395 Examination by trustees 3396 Pay of officers	289

Special pay of trustees 3398 Gratuities 3399 Certificates of deposit	290

Deposits for wards 3401 DissolutionReceiver	291

PRIVATE BANKS 3404 Statement to auditor of state 3405 Certificates of stock 3406 Fee capital paid in certificate 3407 Posted list of owners change...	292

BANK EXAMINERS 3418 Examiners appointment salary bond 3419 Examinations fees 3420 Savings bank examinations fees 3421 Trust company ...	297

CHAPTER 16	300

SUPPORT OF PUPILS 3427 Application for admission 3428 Clothing and traveling expenses 3429 When state provides 3430 Reimbursement by co...	301

Boards of trusteesOfficers Bonds 3434 Boards of trusteesAppointment Terms	302

Trustees number terms appoint ment 3436 Names changed 3437 Prison board of paroleSouth eastern hospital	303

Trustees qualifications bond re moval 3439 Compensation interest in con tracts 3440 Custody employesCampaign contributions	304

Supplies purchase bids 3442 Reports to governor 3443 Duties same as heretofore	305

Vacancies on boards 3445 Persons not eligible 3446 Time for appointmentMembers qualifying 3447 Laws governing boards 3448 Pay and expenses...	306

Qualifications of appointees of boards 3450 Annual inventory	307

BylawsMeetingsBills 3452 Statement of unpaid orders	308

Superintendent and subordinates 3454 Purchase of supplies	309

Unexpended balances 3459 Salaries 3460 Restrictions on officers 3461 Penalty	311

Borrowing forbidden 3463 Penalty 3464 Railroads through grounds 3465 Connecting way condemnation	312

3465a Real estate condemnation 3465b Purchase of real estate 3465c Streets and highways in grounds acquiring	313

3465d Damages appraisers assess ments	314

3465e Exceptions hearing costs judg ment 3466 Sewers for benevolent institu tions	315

Purchase or lease of grounds 3468 Condemnation of lands	316

Costs of proceedings 3470 Purchase money for lands	317

Organization of board 3472 Medical superintendent 3473 Sessions of board 3474 Provisions materials and labor	318

Accounts 3476 Trustee must be disinterested 3477 Records and books 3478 Report by superintendent	319

Biennial report 3455 ExpensesReportNepotism for 3480 RegulationsInspection bidden 3456 Reports of receipts 3457 Pavments to state 3484 Report ...	320

THE BLIND 3486 Superintendents duties and bond	321

Money how drawn 3488 Expenditures and accounts 3489 Orders 3490 Report of expenditures 3491 Statement of treasurer	322

Statement of superintendent ARTICLE 5 THE DEAF AND DUMB 3493 Regulations Officers how chosen 3494 Appointment of subordinates 3495 ...	323

Allowances 3508 Expense of clothing	325

Nonresident pupils 3510 Education free to residents 3511 Expulsion of pupils 3512 TrusteesPower to sell land ARTICLE 6 FEEBLEMINDED CHIL...	326

Officers Salaries Treasurers bond 3515 Purpose of institution 3516 Departments 3517 Superintendent Salary	328

Principals dutiesSalary 3520 MatronDutiesSalary 3521 Salaries	329

3522h Children conveying and clothing	332

Notice to clerk clothing transfer 3524 Woman attendant expenses 3525 Appropriation 3526 Form of application 3527 Quarterly report	333

Separate grades 3529 Paying pupils 3530 Governor to appoint trustees 3531 Cost of private pupils 3532 Expenses of transmission	334

Purchase of landBuildings 3534 Meetings of trusteesReports 3535 Officers ineligiblePecuniary in terest in contract prohibited 3536 Donations 3537 I...	335

County commissioners duties 3540 Temporary buildingRemoval	336

Discharge of pupils 3542 Education 3543 Superintendents ants controlAssist 3544 Appointees and employes	337

Purchase of suppliesPayment of wagesAccounting 3546 Monthly reports ARTICLE 7 VILLAGE FOR EPILEPTICS 3547 Village for epileptics 3548...	338

Admission proclamation	340

Maintenance appropriation 3560 Eligibles allotment	341

Application form hearing admis sion 3562 Clothing conveyance to village 3563 Costs payment by county 3564 Transfer from hospitals costs 3565 ...	342

Rules and regulations 3567 Discharge 3568 Trustees meetings ARTICLE 8 TUBERCULOSISHOSPITAL FOR TREATMENT 3569 Tuberculosis hos...	343

EMPLOYMENT OF PUPILS 3590 Hiring out of pupils prohibited 3591 Industrial education 3594 Disposal of material 3592 How conducted	352

Proceeds of sale of material 3596 Appropriations 3593 Materials and machinery ARTICLE 10 SOLDIERS AND SAILORS ORPHANS HOME 3597 ...	353

Officers salariesBond 3600 Superintendents and stewards salaries	355

Donations Power to purchase land 3604 Insurance	356

Apportionment of pupils 3607 SuperintendentMatron ants against	357

Rules 3611 EducationCourse of study	358

Tuition in trades and artsAp propriation 3613 Pupils may select trade 3614 Discharge of pupils 3615 Agents to secure homes 3616 Per diem expense...	359

StewardDutiesTreasurer 3619 Terms and vacationsReports 3620 Voluntary inmates	360

Spirituous liquors 3622 Acts ratifiedAppropriation 3623 Current expensesAppropriation 3624 Statutes repealed	361

Additional buildingsAppropria tions 3626 Appropriation laws applicable	363

ORPHANS HOME 3627 Agreement to surrender child to orphans home 3628 Child over fourteenConsent 3629 Home not liable for childs serv ices ...	364

Effect of renunciation 3639 Adoption 3640 Apprenticeship 3641 Children admitted	367

Guardianship and adoption 3643 Support and education	368

Transfer of child 3645 Enticing child awayPenalty ARTICLE 12 COUNTY ORPHAN ASYLUMS 3646 Asylums for orphans in counties 3647 Grou...	369

Return to county of unexpended money ARTICLE 13 BOARD OF CHILDRENS GUARDIANS 3657 Board created appointment 3661 Buildings and...	374

Powers and duties 3659 Petition and order of court	375

Support of child	377

BOARD OF CHARITIES 3665 Board to be appointedPresident 3666 Duties	378

SecretaryAccounts 3668 Annual report 3669 Appropriation for expenses 3670 Bringing dependent children into state consent of board 3671 Bond o...	379

Rules by board of charities 3673 Penalty for violation 3674 When act not applicable 3675 Board of county charities 3676 Organization of board	380

Meetings of boardDuties 3678 Reports of boardSupplies	381

3678a Maternity References are to Sections ARTICLE 14 A MATERNITY HOSPITALS hospital home for infants boarding 3678b Definition of mat...	382

CHANGING NAMES 3679 Change of name 3680 Resolution recorded 3682 Duties of trustees 3681 Titles and rights retained	385

THE INSANE	386

Superintendents contingent fund 3684 Visiting hospital 3685 ProceedingsReport 3686 Property in trust 3687 SuperintendentSalary	387

Superintendents salaries 3689 Powers and duties 3690 SealReports 3691 Admission of patients	388

Statement required	389

Examination 3694 Witnesses 3695 Examination of witnesses 3696 Medical certificate	390

Examiners statement 3698 Finding of the justice 3700 DistrictsClerks application	391

Southeastern district admission 3699 Filing with clerk to hospital	392

Trustees appointment powers	393

Clerks duties 3713 Insane persons in prisonsRe ports by wardens 3714 Commission of lunacy 3715 Report of commissionDuty of governor 3716 Or...	396

Return to prison when cured Dismissal 3718 Fees of commission and officers 3719 Names of hospitals 3720 Female attendant 3721 Transfer of patie...	397

Governors proclamation 3723 Recurrence of insanity	398

Discharge Causes 3725 How discharged 3726 When admission delayed	399

Blank forms	400

Bonds 3734 Superintendent as witness 3735 Visitors 3736 Incurably insane	401

Admission of incurably insane 3738 Department for women 3739 Department for men 3740 Streetrailroad	402

INSANE CRIMINALS 3741 Hospital for insane criminals 3742 Location management 3743 Site buildings 3744 Appropriation hospital maintenance...	403

INSANE PAUPERS	406

3776b Trustees management 3776q Veterinary laboratory	415

CHAPTER 17	421

CHAPTER 18	438

TENEMENTS AND APARTMENT HOUSES	450

Alterations	451

HOUSING	457

References are to Sections CHAPTER 20	475

CHAPTER 21	476

Contracts to prevent competition 3879 Violation by corporations Pen alty 3880 Violation by personsPenalty 3881 Persons affected by	481

Damages recoveraɓſe 3883 Instructions to grand juries 3884 Combinations prohibited 3885 Penalty 3886 Forfeiture suit	482

Damages 3888 Parties 3889 Combinations to increase prices 3890 Penalties for violation	483

Conspiracy penalty 3892 Damages recoverable 3892a Milk competition prices discrim ination 3892b Penalty for violation 3892c Contracts void 389...	484

3892f Revocation of permit	485

CHAPTER 22	486

PASSENGER TICKETS 3897 Conditions on ticket	487

Ticketsellers 3901 Sale without authority	488

Posting authority 3899 Redemption and sale of coupons 3900 Penalty against carrier ARTICLE 3 EXPRESS COMPANIES 3905 Common carriers 3...	489

Suits 3908 Who are common carriers 3909 Money must be counted and 3916 Penalties for violation amount recorded	491

Waybill or receipt	492

Duty of prosecutor fees ARTICLE 4 ACTIONS AGAINST 3918 Actions allegations proof 3919 Contract defense answer 3920 Issue trial 3920a Wei...	495

BILLS OF LADINGLIABILITY 3920b Bill of lading liability of carrier 3920c Loss recovery by carrier 920d Claims proceedings 3920e Application ...	496

Congressional districts 3922 Limits 3923 First district 3924 Second district 3925 Third district 3926 Fourth district 3927 Fifth district 3928 Sixth dist...	499

Who may convey CHAPTER 24	501

Repeal saving clause 3946 Title in case of lien 3947 How made	506

By attorney 3949 Power of attorneyRecord	508

Duty of county recorder 3951 Fee 3952 Conveyance of wifes lands 3953 Estates in common	509

Exceptions	510

Release and quitclaim 3956 Lineal and collateral warranties abolished	511

Deed and record thereof	512

Form of warranty deed	513

Form of quitclaim deed	514

Unnecessary words	515

Time of recording	516

Leases of lands recording 3964 Separate defeasance	518

Wifes acknowledgment 3972 Infant wife over eighteen	521

Infant wife having no parents living 3974 Consent of circuit judge 3975 Witnesses 3976 Infant wife of adult 3977 Infant married woman convey an...	522

Assent of judge 3979 Disaffirmance by infant wife	523

Restitution on disaffirmance 3981 Former sales not affected 3982 Form of acknowledgment 3983 Signing by mark	524

Wife may join in power 3985 Certificate of acknowledgment 3986 Recorders entrybook	525

Record as evidence 3988 Record in wrong county 3989 Certificate as evidence	526

Grantor construed 3992 Conveyances 3993 Letters of attorney	527

Estates tail abolished 3995 Future estates	528

Contingent remainders in another 3997 Conveyance of greater estate 3998 Power of alienation 3965 Acknowledgment or proof 3966 Acknowledgm...	529

Satisfying a lien of record 4001 Certificate	530

Conveyance when wife insane 4003 Effect of conveyance 4004 Insane husband or wife estate by entirety 4005 Decree of insanity parties 4006 Insan...	531

Insane husband or wifeOrder of court	532

Joinder in guardians deed 4009 Sale by guardian conveyance by wife ARTICLE 3 BY ALIENS 4010 Aliens may hold and convey ARTICLE 4 BY ...	533

TRUSTS AND POWERS 4012 Express trusts created in writing 4013 Innocent purchasers protected	534

Record is notice 4015 Assignments by cestui que trust 4016 Void sales 4017 When no resulting trust	536

Presumption of fraud 4019 When resulting trust	537

Payments to trustee 4021 Death of trustee 4022 Resignation of trustee	539

Removal of trustee 4024 Effect of conveyance to nominal trustee 4025 Power of revocation	540

Want of seal 4026 Effect of disposition power 4027 Powers to married women 4028 Irrevocable powers beyond 4029 Power to sell as part of securit...	541

Trustees when to be residents 4032 Sale of trust estates 4033 Notice 4034 Guardian ad litem	542

Bond 4036 Terms of sale 4037 Investment of proceeds 4038 Accounting 4039 Vacancies	543

Control of court ARTICLE 6 DEFECTIVE CONVEYANCES 4042 Seal unnecessary 4043 Certain contracts valid	544

CHAPTER 25	545

Filing articles with secretary of state	546

Powers of corporations	547

Shares numberedCertificate 4047a Shares of stock increase or de decrease	549

First meetingNotice 4049 OfficersVacancies 4050 Continuance after dissolution	550

Liability of stockholders 4052 Fiduciaries 4053 Voting 4054 Stockbook 4055 Penalty	551

Acceptance of act 4058 Additional fees	554

No subsequent action 4060 Legalizing clause 4061 Application of act 4062 Receiver when charter expires	555

Jurisdiction of circuit court 4064 Receivers duties 4065 Disposition of surplus 4066 JudgmentFranchise forfeited	556

Receivers paySurplus to stock holders 4068 Debts how secured 4069 Borrowing on mortgage 4070 Discounts valid	557

Contracts valid 4072 Special charters extended 4073 Place of businessDirectors	558

Election of directors 4075 Number 4076 StockShares	559

CHAPTER 26	564

Service on agent good 4100a Process consent to service 4100b Service on auditor of state	569

Prerequisite to business 4102 Agent defined	570

Who not agents 4104 Penalty on agent 4105 Forfeiture	571

Condition precedent	572

CHAPTER 27	573

nation	574

RURAL LOAN AND SAVING ASSOCIATIONS 4155a Organization articles contents 4155b Powers duties obligations 4155c Guaranty stock amoun...	590

CAMPMEETING 4161 OfficersBylawsPolice powers 4162 RecordsEvidence	594

Capital stock ARTICLE 3 DETECTIVE 4164 Detective associations 4165 Incorporation powers 4166 Officers of association 4167 Constitution and b...	595

EDUCATIONAL AND RELIGIOUS 4178 How incorporated	598

May hold property 4180 SharesVotes	599

Bond of treasurer 4183 Officers and teachers 4181 Officers 4184 May establish departments 4185 Change of character 4186 Corporations may acce...	600

How churches may school organize 4189 Churches may establish college 4190 How established and organized 4191 When incorporated 4192 Unive...	601

Acceptance number of trustees ARTICLE 4237 Articles of association 4238 Notice of election for directors 4239 Number and election of directors 4...	602

Schools academies colleges 4196 Powers as corporation 4197 Capital stock 4198 Rules and bylaws	603

Departments and degreesPow ers 4200 Trustees election 4201 Religious belief of directors 4202 Changing name	604

Changing name 4204 Consolidating schools 4205 May consolidate stock 4206 Resolution where recorded 4207 Powers and debts not impaired 4208...	605

FENCING 4250 Settlements of treasurer 4251 Supplemental assessments	612

Payment of assessments	615

Payment how enforced 4254 Letting contracts 4255 Appropriating land 4256 Correcting descriptionsExten sion of work 4257 Limitation of action 4...	616

Allowing stock to run 4261 Impounding stock	617

Certificate of amount paid 4272 Reduction of capital stock 4273 Power to borrow moneyBonds ARTICLE 7 HORTICULTURAL 4274 How formed ...	619

RoomsLibrarySpecimensBy laws ARTICLE 72 FORESTRY ASSOCIATIONS 4276a Forestry associations organiza tion fees 4276b Forestry board a...	621

TOWN BUILDING 4277 May be incorporated 4278 Notice 4279 Written statement 4280 Statement to be recorded 4281 Twenty may organize	623

When incorporated 4283 Powers 4284 RecordsEvidence 4285 Trustees may convey 4304 Oil and gas wells 4305 Importing live stock 4306 Mercant...	624

Allowance by county boards to or phan asylums	625

Articles contents 4299 Directors election powers 4300 Bonds mortgage interest 4301 Donations sale 4302 Real estate insurance gas and oil wells	630

Health resorts 4308 Forwarding companies 4309 Titles and abstracts 4310 Homes for children	631

Fire insurance companyReal es tate	632

Articles filing recording 4319 Corporate powers 4320 Copy with auditor examinations	633

Stock and stockholders 4321a Stock increase or decrease legal ized 4322 Officers and agents	634

Devises and bequests 4324 Closing up receiver 4325 Power of court 4326 Duties of receiver 4327 Order of dissolution 4328 Amendment or repeal	635

Laws repealed 4330 Corporations legalized	636

Orphan children allowance by county 4333 Children allowance to custodial institutions	637

Binding out orphans 4335 Distinctions prohibited 4336 Aged men may be received 4337 County board may purchase	638

Acts legalized 4339 Pauper children 4340 Allowances	639

Amount of land 4343 Disagreement 4344 Record of certificate 4345 Relief of orphans ministers and widows	640

Corporate powers 4347 OfficersTrusteesPowers	641

TreasurerBond 4349 Boards acting legalized 4350 Societies and clubsOrganization 4351 Rights and powers 4352 Directors	642

DividendsDebtsDissolution 4354 Change in articles of incorpora tion 4355 Gymnastic associations 4356 Articles where filed and recorded 4357 Cor...	643

Rules 4359 Organized associations legalized 4359a Cooperative companies defini tions 4359b Incorporators number 4359c Powers of corporation 4...	644

4359f Soldiers and sailors perpetuating memory 4359g Powers of corporation 4359h Officers election 43591 Permanent fund 4359j Trust funds	645

4359k Creed church sect 43591 Stock value of shares 4359m Board of trustees duties 4359n Term of existence taxation 43590 Bylaws 4359p Incorp...	646

4359q Secretary of state duties	647

CHAPTER 28	648

Control by general assembly	650

CHAPTER 29	651

Penalty	654

OVER STREAMS BOUNDING THE STATE	655

How incorporated 4390 Election of directors 4391 Officers and powers 4392 Bylaws	656

VacanciesBooksOfficers 4394 Stock 4395 Railway tracks 4396 Connection with railways	657

Inquest 4404 Obstruction of navigable stream 4405 Public aid 4406 Railroad companies	659

Foreign corporations	660

Bridge at state linePurchase by city	661

CHAPTER 30	662

Stock 4420 Tolls and water rents 4421 Canal a public highway 4422 No diversion to any other use 4423 Benefit of act to old companies	664

Certificate of election 4480 Vacancies 4481 Change of name and number of vestrymen 4482 Powers 4483 Personal property	683

Power to sell or lease 4485 Certificate as evidence	684

Repeal or amendment of act 4490 Diocese incorporation 4491 Number of incorporators 4492 Qualifications of incorporators 4493 Death filling vac...	685

Articles of association 4495 Corporate body 4496 Property rights ARTICLE 3 EDUCATIONAL AND BENEVOLENT SOCIETIES 4497 Election of...	686

Articles of association 4511 Corporate powers	689

Members of body board of man agers 4513 Bylaws	690

CHAPTER 33	691

Election of directors 4516 Companies may change time of election 4517 Character of roadway 4518 Location	693

Releases and conveyances 4520 Entries upon landPower to take material	694

AppropriationProceedings	695

Appropriations for ditching and materialAppeal 1	696

Quo warranto when out of repair 4526 Payment for stock how enforced	697

Shares transferableIncrease of stock	698

Annual statement 4529 Penalty 4530 TollgatesRates of toll	699

Failure to construct 4532 VacanciesBylawsTolls	700

Penalty for detaining 4534 Defrauding company	701

Embezzlement by employes 4536 Sales on execution 4537 Power to hold lands 4538 Power to borrow money 4539 Power to sell bonds Xxxi 4540 ...	702

Act may be altered or repealed 4542 Liability of directors 4543 Directors as creditors	703

Recorders certificate as evidence 4546 May establish ferriesTolls 4547 Bridge toll 4548 Incorporation to purchase road 4549 Purchasers upon forecl...	704

How to organize 4551 Corporations legalized	705

Consolidation 4553 NamePowers ARTICLE 2 FRANCHISES AND EXTENSIONS 4554 Plank road companies may sell personal property 4555 May...	706

Bridge toll 4557 Time to complete road 4558 TollgatesAbandonment of part of road	707

TollsCentral Plank Road Com pany 4560 Surplus fund 4561 Investment of surplus fund 4562 Toll 4563 Extension legalizedTolls 4564 Inspection of...	708

Defective cured organization when ARTICLE 3 ABANDONMENTCHANGEFORFEITURE 4566 Abandonment of part of road 4567 Change to tra...	709

Summons 4577 Witnesses 4578 Judgment and proceedings	712

Effect of judgment of forfeiture 4580 Appeal 4581 Costs ARTICLE 4 PARTIAL REVIVAL OF ASSESSMENTS 4582 Revival of an act 4583 Assess...	713

Auditors duty 4585 Scope of this act limited	714

Asessments legalized 4587 Auditors dutyCollection	715

CONNECTING LINES 4588 Connection of turnpikes at state line	716

CHAPTER 34	717

APPROPRIATION OF LAND	718

Survey appropriation electricity 4596 Proceedings to appropriate	719

Companies may appropriate	720

CONSOLIDATION 4598 What companies may consolidate 4600 How consolidation effected Evi 4599 Name dence	721

CHAPTER 35	722

CommissionersNotice 4602 Amount of stockShares 4603 Subscriptions 4604 DirectorsTerm 4605 SecretaryDuties 4606 Directors when and how ch...	723

President and vicepresident 4608 Special meetings 4609 QuorumMajority vote 4610 Corporate nameDuration 4611 As to real estate 4612 Stock 461...	724

Fees of auditor and secretary of state 4616 Auditors duty 4617 Guarantyfund how applied 4618 Increase of guarantyfund 4619 Depreciation 4620 I...	725

4620a Investing funds highway bonds 4621 What may be insured 4622 PoliciesLosses	726

4622a Life policies contents act of 1909	728

4622b Prohibitions as to life policies	730

4622c Policy loans interest 4622d Forms of policy approval 4622e Foreign companies valuation	731

4622f Exceptions from act policies 4622g Fire policy proof of loss	732

Conditions in insurance policies 4624 Void conditions	733

Violating actPenalty 4626 Charges for violating actNotice 4627 Failure to appearSuspension 4628 AppearanceHearingJudgment 4629 Application of...	734

Company not to trade in goods etc 4631 Registry of stockAuditors fees 4632 Annual statement 4633 Auditors duty on delinquency	735

Quo warranto 4635 HearingReceiverBond 4636 Receivers duty 4637 Duty of court 4638 Report and pay of receiver 4639 Foreign companies bank ...	736

Directors and shareholders liable 4641 Limit of risks 4642 Stockholders liability 4643 Triennial statement	737

Fees for examination 4646 Examinations of special compa nies 4646a Financial statements deposit of securities	738

4646b Excess of deposits withdrawals 4646c Interest dividends withdrawals substitutes	739

4646d Continuous deposits ARTICLE 2 MUTUAL FIRE COMPANIES 4647 Powers of 4648 Election of directorsOfficers 4649 Record open to insp...	740

Premiums	742

Investments and appropriations	743

Statement before assessment 4657 Liability of directors 4658 RecoveryContributions 4659 Liability of treasurer 4660 Policy a lien 4661 Lien how e...	744

Sale under levy	745

Actuaries may administer oaths 4667 Insurance on assessment plan Stock 4668 Notice to membersOrder for is sue 4669 Subscription for stock	746

BylawsDirectors 4671 IncorporationPoliciesDeposit of securities 4672 OfficersElectionOathsBonds	747

Acceptance of applications 4674 Assets not to be divided 4675 Report of directors 4676 Mutual insurancePremium notes Certificate by auditor	748

4677a Rebate of premiums prohibited	749

4677b Penalty as to insured 4677c Penalty as to insurer 4677d Rebate defined testimony 4677e Agent defined ARTICLE 3 STOCK OR MUTUAL LI...	750

Life insuranceStock or mutual plan 4679 Articles of association	751

Officers and directorsStock 4682 Capital stock	752

Mutual planApplications 4684 Corporate powers 4685 Annual statements	753

Amending form of statement	754

Valuation of policiesDeposits	755

Certificates by auditor 4689 Failure to make depositsNotice 4690 Examinations by auditor 4691 InsolvencyReceiverDissolu tion	756

Changing securities 4693 Examinations certificates	757

Decree for accounting 4695 Retiring from business 4696 Interest on deposits 4697 Illegal businessForfeiture 4698 Suits for penalties	758

Investment of funds 4700 Real estate 4701 Selling real estate	759

Transfer and reinsurance 4703 Changing beneficiaries 4704 Old companies reorganizing 4705 Effect of reorganization	760

Companies not affected 4706a Rebate of premiums prohibited 4706b Receiving rebate penalty 4706c Company or person penalty	761

4706e Investigations by auditor 4706f Rebate defined	762

Foreign life companies 4708 Copy of articles service of process 4709 Revoking license	763

Companies not affected 4711 Fees to be paid 4712 Fees collected	764

Agents represent company 4714a Agent who constitutes 4714b License to agents domestic com panies	765

4714c Penalty for not having license 4714d False representations by officers or agents	766

DisbursementsVouchers ARTICLE 4 MUTUAL LIFE AND ACCIDENT COMPANIES	767

How formedPerpetual	768

Business restricted 4718 Life insurance assessment plan 4719 Corporate power and rights 4720 Approval of title by auditor of state	770

Assessment to be filed 4722 AssessmentsNoticesProceeds 4723 Experience tableExemptionIn surable interest 4724 Policies limitedExpense fund	771

Fixed sums in policies 4726 Nonpayment forfeiture 4727 Annual statement	772

Fraud in procuring policy 4729 Quo warrantoDissolution 4730 Bonds of officers and agents	773

Renewal and record of bond 4732 Foreign companyAuditors li	774

ObligationsRetaliation	775

Auditors feeRevocation of li	776

Name Corporate powers 4741 Directors numbers election terms 4742 Fee rates and premiums	778

Old companies reorganizing 4744 Companies subject to	779

Reserve or emergency fund 4746 Age of persons insured 4747 Reports to auditor of state	780

Insurance on assessment plan what is 4749 Accident reserve or fund emergency	781

Reports by accident companies 4751 Deposit of securities with auditor 4752 Policy payments specified	782

Transfer of risks or reinsurance 4754 Examinations by auditor 4755 Books open to inspection	783

Accounting and receiver 4757 Foreign companies authority to	784

Process on foreign companies	785

False statement penalty 4760 Change of beneficiary 4761 No attachment or garnishee 4762 Neglect of officers penalty	786

Fees paid to auditor 4761 Fraternal societies exempt	787

ACCIDENTSBOILER EXPLOSIONS 4765 Boiler inspection accident insur ance 4766 Articles contents name 4767 Articles acknowledgment filing a...	788

Capital stock investment	790

Corporate powers bylaws 4771 Annual report contents	791

Additional reports 4773 Noncompliance duty of auditor 4774 Examinations by auditor 4790 Of other states 4775 Receiver appointment	792

Changing securities 4777 Increasing capital stock 4778 Dividends 4779 Closing business proceedings 4780 Interest on deposits	793

Penalties 4782 Actions for penalties 4783 Investment of funds 4784 Real estate	794

Sale of real estate 4786 Certificate of auditor 4787 Application of act 4788 Fees of auditor 4789 Liability of stockholders ARTICLE 6 FOREIGN CO...	795

Annual statements license fees	798

4791a Defalcation of agent revocation of license	799

Fees collected	800

Investment of assets 4795 Service of process	801

Service by duplicate 4797 Auditors fees 4798 Jurisdiction process	802

Of other nations 4800 Fees 4801 Duty of agents to retain money	803

Copies as evidence 4803 Conditions forbidden	804

Violating act 4805 Auditors powers and duty as to examinations	805

Laws of other states 4807 Plate glass tions insuranceRegula	806

Foreign companies not to insure outside of state 4809 Penalty for violating act 4810 Duty of auditor of state 4811 Compensation of auditor ARTICL...	807

Burglary loss by mail 4813 License conditions 4814 Statement with auditor 4815 Limit on business	808

Membership fees premiums 4817 Service of process 4818 Renewal statements fees ARTICLE 8 FARMERS COMPANIES 4821 Damage by storms or...	809

Farmers cyclone insurance	810

LIVE STOCK INSURANCE 4823 Insurance of live stock 4824 Organization of company Secre tarys fee 4825 Capital stockPayment 4826 Amount ...	811

DirectorsElectionTerm 4828 MeetingsOfficersQuorum	813

Foreign companies 4838 Liability of stockholders 4839 Organized companies to comply with act 4840 Violations of actPenalty	815

Obligations states imposed by other 4842 Copies of articles by foreign com panies 4843 Certificates to foreign companies 4844 ReceiversAppointme...	816

Mutual live stock insurance 4847 Articles of associationBonds	817

Policies may be issued ARTICLE 10 REINSURANCE OF RISKS 4850 By domestic companies 4852 When must quit business 4851 Surrender of sec...	818

Forfeiture for neglect to furnish statement ARTICLE 12 MISCELLANEOUS PROVISIONS 4856a Examinations by state auditor	820

How established 4858 Annual appropriation 4859 TrusteesDuties 4860 Who may use books 4861 BylawsFines 4862 Duties of librarian 4863 May lo...	821

Duties of treasurer	822

City or town library at county seat 4867 Transfer of county library 4868 Appropriation by county 4869 Listing and labeling books 4870 Loaning fu...	823

Return of books to county library ARTICLE 2 CITY TOWN OR VILLAGE 4872 How established 4873 Chairman and clerk 4874 Election of direct...	824

Use of books reports 4888 Removing directors 4889 Levy and collection of tax 4890 Cities of 50000 library	827

Change in management 4893 Library board election 4894 Organization bonds of board officers 4895 Terms of members	828

Powers of board transfer of library 4897 Taxes rules employes	829

CITY OR COUNTY	841

Annual election 4962 Deposits repayment	848

4954a Reserve fund on hand 4962c Surrender of charter	856

References are to Sections CHAPTER 38	861

Revoking authority 4967 Reports of condition 4968 Examinations 4969 Fees collected 4970 Penalties	862

Annual statements 4973 Examinations 4974 Penalties	863

License	864

CHAPTER 39	865

Society defined 4978 Notice to elect trustees 4979 Election and certificate 4980 Certificate as evidence 4981 Term of office and removal of trus tees	866

Bylaws 4983 Usage 4984 Trustees a corporation 4985 Change of name 4986 Trustees may acquire lands	867

May acquire personalty 4988 May dispose of property 4989 Dissolution and revival 4990 Act applies to existing societies 4991 Officers may act as tr...	868

Cemeteries 4993 Incorporation of cemeteryPow ers 4994 Lands to county board held in trust 4995 Platted lots 4996 Private burialground 4997 Title ...	869

4997b Investment of funds interest 4998 Aid to historical societies	870

Care of records and papers 5000 Joint use of rooms 5001 Control of rooms 5002 Granting use of rooms	871

MASONIC BUILDINGS 5003 How incorporated F004 When incorporated 5005 As to property 5006 Election of directorsTermDu ties 5007 Secreta...	872

Collecting calls 5012 May borrow money 5013 Lodges and societies may hold stock 5014 Stock subscriptions legalized 5015 Building	874

tion corporationsOrganiza 5016 Corporate powers and obligations 5017 Acquiring and conveying property 5018 Directors number election 5019 Of...	875

Meetings of directorsRecord 5023 Capital stock 5024 Payment for stock 5025 Delinquent stockCollection 5026 Mortgages and bonds	876

Old companies may organize 5028 Articles of association filing re cording fee 5029 Compensation of officers	877

Certificate contents 5031 Corporate powers 5032 Acquiring and conveying property 5033 Directors president stockholders 5034 Secretary and treas...	878

Capital stock 5036 Transfer of stock 5037 Payments of capital stock 5038 Borrowing money bonds 5039 Legalizing clause	879

BENEFICIARY SOCIETIES 5040 Benefits when exempt from cred itors claims	880

Suits for benefits 5042 Certificates deemed contracts	881

Fraternal association Purposes defined	882

Old associations continuing 5045 Foreign associations	883

Reports license	886

Process attorney service	887

Permit to do business 5049 Examinations by auditor 5050 Articles of association	888

Old associations reincorporating 5052 Powers of corporation	890

Agents 5054 Benefits vested right change 5055 Attachment taxation 5056 Meetings elections	891

False statements penalty 5058 Failure to report injunction pen alty 5059 Violating act penalty	892

Obligations by other states 5061 Societies affected by act ARTICLE 4 CHARITABLE 5061a Charity hospitals organization 5061b Articles execution ...	893

CHAPTER 40	897

Incorporation purposes	898

5062a Amendments to articles	899

5062b Imperfect articles legalized 5063 Articles legalized	900

When incorporated 5065 Dissolution of corporation	901

Notice winding up business 5067 Continuance of powers	902

Termination of powers 5069 What real estate may hold 5070 Directors	903

OfficersVoting 5072 Marine railwaysGaspipes 5073 Gas and waterworks companies	904

Incorporation articles contents 5076 Filing and recording articles 5077 Capital stock	905

Directors 5079 Officers 5080 Shareholder powers 5081 Eminent domain powers	906

Damage to lands 5083 Water power companies exclu sively 5084 Capital stock 5085 Increasing capital stock	907

Election of directors 5087 Directors filling vacancy 5088 Stock transferableRestrictions	908

Payment for stock 5090 Collection of calls	909

Certificate of payment to be filed 5092 Reduction of capitalCertificate 5093 Preferred stock 5094 Provision in articles of associa tion	910

Issuing of preferred stock 5096 Amount of stock limit priority 5097 Stock not to be voted	911

Redemption of stockCertificate 5099 When act not applicable 5100 Annually construed 5101 Liability of officers	912

Liable for violating	913

Liability of stockholders 5106 Enlarging objects 5107 Real estate	914

Former charters 5109 Consolidation of corporations 5110 Conditions imposed	915

Bonds interest stock exception 5113 Heat and light purchase of rights 5114 Merger with hydraulic company 5115 Manner of merger	917

Canal or race 5117 Acquiring title	918

Proceedings to appropriate and condemn	919

Payment of damages	920

Appropriating right of way etc 5125 Proceedings to acquire	922

Adverse claimants 5127 Attorney for unknown parties Powers of court	923

New proceedings 5129 Interference with pipes drains etc 5130 Right to borrow moneyBonds 5131 Consent of town necessary 5132 Existing compa...	924

Foreign companies may acquire real estate 5134 Mining includes gas wells 5135 Existing companies legalized 5136 Subscriptions and contracts legal...	925

Right of	926

Easement appropriatedDamages Procedure	927

Conflicting claimantsMoney paid into court 5142 Attorney for unknown parties Powers of court	928

New proceedingsLimit of right to condemn 5144 Gas companies eminent domain 5145 Board of trusteesPower to hold and vote stock	929

Existing agreements validated 5147 Stockyard companiesPowers	930

When body corporatePowers 5150 DirectorsOfficers 5151 Secretary and treasurerBonds 5152 Capital stock 5153 Transfer of stock 5154 Payment fo...	931

SealMay hold real estate 5157 BylawsRecord 5158 Liability of stockholders 5159 Oil companies acquiring lands 5160 Acquiring easement in lands 5...	932

Adverse claimsSettlement	934

Attorney for unknown owners CorrectionsParties 5164 Defective titleCorrectionExcep tion as to wells 5165 Dam on St Joseph river 5166 Continuanc...	935

Place of businessDirectors 5168 Election of directors 5169 Number 5170 InsolvencyLiability	936

CHAPTER 41	938

CHAPTER 42	940

Interurbans power airbrake	941

How to form corporation	942

Subscription books	944

May file copy of articles 5180 Copies filed legalized 5181 Increase of stock 5182 Preferred stock 5183 Number of directors	945

Election of directors	946

Special meetings of stockholders 5186 Annual statement 5187 Failure to electOfficers 5188 Calls	947

Bylaws 5190 Stock transferable 5191 Certificate of capital paid 5192 Lands for depots	949

Subscription of stock in lands 5194 Map and profile 5195 General powers	950

Penalty prosecutions 5197 Cash or ticket fares 5197a Penalties for violating	957

Baggage free imitation 5199 Commercial samples 5200 Excess baggage charges 5201 Penalty 5202 Loss or damage liability	958

Freight application of	959

Crossing without stopping	970

Pending litigation	976

Actions to recover penalties	982

Conductors have police powers	988

5277k Storm windows on locomotives	995

Refusing passengers or freight	1011

Increase of capital stock	1017

Franchises passOld stockholders	1023

Union roads References are to Sections 5346 IncorporationPowers 5347 DirectorsPowers 5348 Right of way 5349 Joint liability ARTICLE 3 BY UN...	1029

Condemnation 5364 May borrow money 5365 Streets and alleysHow vacated	1033

Associate railway companies 5367 Board of directors to elect officers 5368 Board of managers	1034

Liabilities 5371 Companies under former act 5372 Rights of associate companies 5373 Joint liability	1035

May acquire right to use roads and tracks ARTICLE 4 BY CONSOLIDATION 5375 Common name 5376 Record of resolutionFranchises 5377 Unio...	1036

Effect of consolidation	1037

Franchises of connecting roads 5381 Power to consolidate generally	1038

Consolidation of consolidated com panies 5383 Extension through other states 5384 Contracts with foreign railroads 5385 Restrictions on forfeiture	1039

Supplemental act 5387 Franchises saved and action legal ized 5388 Time for completion extended 5389 Corporate powers continued	1040

Amendment or repeal ARTICLE 5 AFTER ABANDONMENT 5391 What is abandonment 5392 Other company may complete Appraisement 5394 ...	1041

Distribution of money 5397 Completion of roads sold	1042

LATERAL RAILROADS 5398 OrganizationProceedings	1043

Certificate of incorporation	1044

Appropriation of material 5402 Connections 5403 Unknown and nonresident owners of land 5404 Pay of viewers	1045

CHAPTER 43	1046

Right of way 5408 Appropriation of lands 5413 Of branch 5409 Fee simple in way 5410 Connecting contracts	1047

Contracts ratified 5412 Liability to third persons ARTICLE 2 FORFEITURES	1048

Time for completion 5415 Time for completion 5416 Failure 5417 Amendment or repeal	1049

Further time for completion 5419 Failure to complete	1050

Classification of directors 5424 BranchesBridge stock 5425 Branches	1051

Power to take land 5427 Extension 5428 Right of way 5429 Telegraph lines	1052

Telegraph lines 5431 Signals at crossings	1053

Penalty for failure 5433 Suits	1055

Damages 5435 Penalty to school fund ARTICLE 4 LIABILITIES AND OBLIGATIONS	1056

For stock killed	1057

Action before justice	1060

Action in circuit court 5439 Parties defendant	1061

JudgmentProceedings to reach money	1062

Proceedings to collect justices judgment 5442 Not liable if road fenced	1063

Contempt	1066

Owner to erect gates	1067

Liability of roads for animals killed	1068

FencesLiability of railroads	1069

Landowner may build Notice Railroad to payTender	1070

Railroad to repairWhen owner may repair 5450 Stock killed liability	1072

Gates at farm crossings 5452 Sales of metal	1073

Sales of metal 5454 Duty of purchaser 5455 Confusion of goods 5456 ReplevinProof	1074

Advancing rates restricted	1075

5457b Commissions Judgment appeal 5457c Settlement exemption prosecution 5457d Information failure to give 5458 Agents for process 5459 Wri...	1076

Suit to compel 5462 Issue and trial from 5463 Judgment and proceedings ARTICLE 5 PUBLIC AID 5464 Petition for township	1077

Release of taxpayers	1078

Aid to railroads application to street railroads	1079

Order for election 5467 Notice of election	1081

Election 5469 Challenges	1082

Ballots 5471 Certificate of election board 5472 Canvass of votes	1083

Officers 5474 Duty of canvassers 5475 Auditors duty 5476 Duty of county boardTax	1084

Limit of aid 5478 Stock or donationContract	1085

Board may advance 5480 Restrictions 5481 Rights of railroad company	1086

Rights when forfeited 5483 Forfeiture of	1087

Complaint to declare forfeiture 5485 Jurigment of forfeiture 5486 Joint or several actions 6487 Service of process 5488 Election expenses	1088

Nonliability of county or town ship 5490 Refunding tax 5491 When tax goes to general fund	1089

Location of road precedes tax 5494 Suspending collection	1090

Certificate to taxpayer 5496 Special receipt 5497 Right to stock	1091

Unclaimed stock 5499 Cancellation 5500 Trustee to vote stock	1092

Former acts 5502 Aid to roads in other states by border counties cities and town ships 5503 Bonds by border city 5504 Petition to county board	1093

Order for election 5506 Notice 5507 Ballots 5508 Certificate of vote	1094

Officers of board of canvassers 5510 Statement of vote 5511 Duty of county board 5512 Duty of county board subscribing 5513 Petition to city	1095

Duty of council 5515 Bonds 5516 InterestSinking fund 5517 Payment of aid 5518 Election expenses	1096

5519 Additional time	1097

MISCELLANEOUS	1099

Rates rules copy to railroad companies	1117

Penalties 5556h Number of grade crossings	1133

Calls how collected 5564 Bylaws 5565 Stock 5566 Powers References are to Sections 5570 Defective titres	1135

Powers 5568 Proceedings to appropriate	1138

Unknown partiesAmendment	1139

May borrow money 5572 River improved a public highway 5573 PowersContribution 5574 Consolidation 5575 Powers	1140

FOR DAMS ACROSS STREAMS 5576 Dams for slackwater navigation Articles 5577 Number of directorsTermNo tice of election 5578 Increase of ...	1141

Common seal 5580 Books of account 5581 BylawsStatement of rates of toll 5582 VacanciesMeetings 5583 Votes of stockholdersProxies 5584 Certifi...	1142

CHAPTER 45	1144

SealPowers 5594 Books of account 5595 Bylaws 5596 VacanciesMeetings 5597 Vote of stockholders 5598 Stock 5599 Redemption of stock 5600 I...	1145

CHAPTER 46	1146

Directors 5606 Organizing board 5607 Seal corporate powers 5608 Books inspection 5609 Bylaws 5610 Vacancies 5611 Vote at elections 5612 Clos...	1147

Liability for debts 5615 Preferred stock 5616 Shares and interest 5617 Certificate as to stock 5618 Sale of stock 5619 Redeeming stock 5620 Stock n...	1148

Certificate of redemption 5622 Tax on tonnage 5623 Taxing property 5624 Tonnage tax 5625 Return for taxation 5626 Registration certificates	1149

Certificates of registration 5628 Failure to return penalty 5629 False return	1150

CHAPTER 47	1151

When incorporated 5632 Powers	1153

Evidence of incorporation 5634 Construction of track	1154

Acceptance by stockholders 5638 Lien of bonds 5639 Default in payment collection 5640 New bonds in lieu of old 5641 Liability of city or town 5...	1156

Directors and officers	1157

Charging unlawful fare penalty	1158

Refusal to transfer penalty 5648 Cities of 100000 contracts	1159

Duration of rights and powers 5651 Purchase or lease of lines	1162

Sale or lease of property	1163

Rights and liabilities preserved 5655 Streets granting use conditions	1164

Control of streefs 5657 Excessive fare penalties 5658 Stock transferable 5659 Increase of stock	1166

ResolutionFiling Fees 5661 Certified copy evidence 5662 Preferred stock 5663 Vote of stockholders 5664 Amendment or repeal 5665 Consent of co...	1167

Crossing steam railroads	1170

Failure to construct works	1172

Over or under railroad 5669 Rights not impaired	1173

Outside of cities and towns	1174

EXTENSION BEYOND CITY OR TOWN 5671 Consent of county board	1175

Consent of gravel road company 5673 Protection and regulation 5674 Track on highwayAgreement Proviso 5674a Toll roads permission to use 567...	1176

5674d Right of way sale 5674e Consent of stockholders 5674f Duties of toll road secretary 5674g Damages liability 5674h Obstruction of road 5675...	1177

Crossing railroads 5677 Repairs of crossings 5678 Acquiring real estate 5679 Appropriating lands	1180

Conflicting claims 5681 Unknown owners amendments 5682 Defective title possession	1183

Waiting rooms in cities 5684 Penalty 5684a Waiting rooms in cities of 4800	1184

CONSOLIDATION 5685 Consolidation of companies 5686 Recording resolutionPowers 5687 Connections on state line 5688 Completing rights save...	1185

Transportation contracts 5692 Lease or operating contract ARTICLE 4 GENERAL PROVISIONS 5693 AssessmentLimitProviso 5694 Preferred stoc...	1187

property 5698a Contract for electric guarantee of bonds	1189

May borrow money power 5700 SaleLien for purchasemoney	1190

Vestibule street cars 5706 Violating act penalty	1191

Fencing roads cattle guards 5708 Land owner fencing costs	1192

Railroads injury to animals 5711 Private crossings construction	1193

Gates at crossings	1194

CHAPTER 48	1195

Duty of auditor 5716 Amount of capital 5717 Agents of companies	1196

Agent to deposit copy of charter	1197

Certificates of authority 5731 Annual reports to auditor 5732 Deposits by trustees or fiduciaries	1200

Release of surety from bond 5734 Payment for surety out of trust funds	1201

Estoppel by executing bond 5736 Laws repealed 5737 Bonding or surety companies 5738 Articles of incorporation 5739 Acknowledgment and app...	1202

Officers stock subscriptions 5741 Capital stock 5742 Corporate powers 5743 Annual reports	1203

Form of reports 5745 Default notice	1204

Examinations suits 5747 Receiver 5748 Changing securities 5749 Increasing stock 5750 Dividends 5751 Dissolution	1205

Interest on securities 5753 Unlawful business penalty 5754 Suits prosecution 5755 Investing funds 5756 Real estate	1206

Sale of real estate 5758 Bonds executing as surety	1207

Certificate by auditor 5760 Release as surety 5761 Expense of procuring bond 5762 Deposit of moneys 5763 Foreign companies 5764 Fees of audit...	1208

CHAPTER 49	1209

POWERS AND DUTIES 5777 May reduce capital stock 5778 Residence of directors 5779 Organizations legalized	1211

Duty as to dispatches	1212

Penalty	1213

Delivery of dispatches	1216

Railroads as owners 5785 Contracts by telegraph 5786 Wires over railroads	1217

Duty of courts 5788 Enforcing	1218

5788c Railroad commission order 5788d Commission to enforce penalty	1219

CHAPTER 50	1220

References are to Sections CHAPTER 51	1224

May acquire property 5808 SharesIncrease of capital 5807 Collecting calls 5809 VacanciesBylaws 5810 Tobacco warehouse companies Incorporation	1225

Directors terms election 5812 Corporate powers 5813 Holding and conveying property 5814 Payment of capital stock 5815 Capital stockTransferInc...	1226

Vacancies on boardBylaws	1227

CHAPTER 52	1228

Power to borrow money Bondholders vote	1229

Examinations 3347 Reports	1236

Disclosures by examiners penalty	1246

Money how drawn	1271

Reports to council 4899 Indebtedness payment	1288

Other editions - View all

Burns' Annotated Indiana Statutes: Showing the General Statutes in ..., Part 2
Indiana
Full view - 1921

Common terms and phrases

action ADDITIONAL NOTES allowed amended amount appear application appointed appraisement assets auditor board of trustees bond cause certificate child circuit court claim clerk commissioners contract conveyance conveyed creditors death deceased decedent deemed descend devised discharge duty election entitled escheat execution executor or adminis executor or administrator executors and administrators expenses fees filed final settlement force March force September 19 fraudulent conveyance guardian guardian ad litem heirs hospital husband Indiana inherit insane institution interest intestate inventory issue judgment legatees letters of administration letters testamentary liable lien marriage ment Michigan Trust Co mortgage N. E. Rep notice oath owner paid parties pay debts payment personal estate personal property petition probate proceedings proper purchase-money purchaser real estate received record sell sold statute suit superintendent sureties tenement house therein thereof thereto tion township trator treasurer veterinarian widow wife

Bibliographic information

Title	Burns' Annotated Indiana Statutes: Showing the General Statutes in Force January 1, 1914 : Emrracing [sic] the Revision of 1881 as Amended, and All Permanent, General and Public Acts of the General Assembly Passed Since the Adoption of that Revision : Containing Also the United States ..., Volume 2 Burns' Annotated Indiana Statutes: Showing the General Statutes in Force January 1, 1914 : Emrracing [sic] the Revision of 1881 as Amended, and All Permanent, General and Public Acts of the General Assembly Passed Since the Adoption of that Revision : Containing Also the United States and Indiana Constitutions, All Completely Annotated, Indiana Hein's superseded state statutes & codes
Authors	Indiana, Harrison Burns
Publisher	Bobbs-Merill, 1914
Original from	the University of Michigan
Digitized	18 Jan 2012

Export Citation	BiBTeX EndNote RefMan

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