3460. Rules and by-laws. 6. Such corporation may establish such rules and by-laws as may be necessary or proper for its government, and may determine how many members shall constitute a quorum for the transaction of business.

3461. Scholarships and degrees. 7. Such corporation may have power to sell scholarships in its school upon such terms as it may see fit, and to confer suitable degrees upon the graduates of its school.

3462. Members, how elected. 8. If any such school shall be connected with any church or association of churches, or with any diocese within this State, then the members of such corporation may be elected from year to year by the convention of such churches or diocese. And any failure so to elect shall not affect the existence or franchises of such corporation; but the acting members of the corporation shall continue to constitute the corporation until their successors are elected, nor shall any public record or notice of such election be required.

3463. A lien on its real estate, how taken. 9. The dues from the corporation shall constitute a lien on its real estate from the time notice thereof is given to the clerk, registrar, or secretary, and filed and recorded in the office of the Recorder of the county wherein such school is situate.

[1881 S.. p. 695. In force September 19, 1881.]

3464. Military stores. 1. The Governor of the State of Indiana may, in his discretion, and under such rules and regulations as he may prescribe, issue to any college or university within this State, now or hereafter having a military department under the charge of an officer of the United States Army, detailed under the provisions of the Act of Congress of July 28, 1866, and Acts amendatory thereof, any ordnance stores, camp or garrison equipage belonging to the State of Indiana, and not otherwise employed, necessary to the efficiency and usefulness of such military department in said college or university: Provided, That the Governor shall have the power, at any time, to call for the return of all said camp and garrison equipage, ordnance stores, and unexpended ammunition: And further Provided, That if at any time such military department shall be closed in any such college or university, all said property shall be returned to the Quarter-master of the State of Indiana. [1883 S., p. 115. In force March 5, 1883.]

3464a. Formation of gymnastic society. 1. Any number of persons not less than ten may form an incorporated company for gymnastic purposes, by written articles of association, to be signed by each person who may be a member at the time of organization, specifying the object of the same and the corporate name they may adopt, the names and places of residence of each member, with an impression of the corporate seal, and in what manner persons shall be chosen to manage the business concerns of such associations as may have been or shall hereafter be formed for such purpose.

3464b. Articles of association - Record. 2. Every such association shall file its articles of association in the Recorder's office of the county where such association is formed, and the Recorder shall record such articles in the miscellaneous record; and such record, or a certified copy thereof, shall be conclusive evidence of the matters therein recited. Such articles may at any time be amended by a majority vote of the members of said association, and shall take effect from and after being recorded in the Recorder's office.

3464c. Powers. 3. Every such association shall, from the time the articles are filed, be deemed a corporation, and shall have all the rights possessed by common law corporations, to sue and be sued, to rent, lease, purchase, hold by deed, gift or devise, sell and convey such real and personal property as may be necessary and proper to carry out the objects of such association.

3464d. By-laws. 4. Every such association may, by its by-laws, provide for the admission of new, and the expulsion of members, and for the election of such officers as may be necessary to carry into effect the objects of the corporation, and may provide rules for the government of the officers and members thereof.

3464e. Prior organizations. 5. Any association heretofore formed, or attempted to be formed, for gymnastic purposes, which has filed its articles of association in the Recorder's office of the county where formed, or attempted to be formed, is hereby legalized and declared a valid corporation, and entitled to all the privileges of associations organized under this act; and all acts of such associations, and all conveyances by or to such associations, are hereby legalized.

[1893 S., p. 303. In force March 4, 1893.]

3464f. Young men's christian association. 1. When any number of persons, residents of the State of Indiana, and not less than ten in number, shall desire to organize a young men's christian association for the support and maintenance of lectures, sermons, libraries, reading rooms, social and religious meetings and the moral and physical improvement of the youths and young men of any county in this State, such persons shall make, sign and acknowledge before any officer having a seal and authorized to take the acknowledgments of deeds in this State, and file in the office of the secretary of State, and in the office of the recorder in the county in which such associations shall be located, a certificate in writing in which shall be stated the name or the association, the object for which it is formed, the number of directors and the names of the directors selected for the management of the business and prudential concerns for the first year of its existence. Upon complying with the foregoing conditions, such association shall be and become a corporation fully organized for the purpose of carrying out the objects of its organization.

3464g. Powers.

2. Any corporation formed under the provisions of this act shall have and possess all rights, powers and privileges given to corporations by common law, to sue and be sued; to borrow money and secure the payment of the same by notes, bonds and mortgages upon their personal and real property, and to rent, lease, purchase, hold, sell and convey such personal and real property as may be necessary and proper for the purpose of erecting buildings and for other proper objects of any such corporation. Such corporation shall have the power to accept bequests and donations of real estate and personal property and to hold the same and use the income and profits thereof in carrying out the objects for which such association is incorporated. 3464h. Trustees Election - Powers. Election Powers. 3. The incorporators of any such association shall, within thirty days after the filing of the articles of incorporation as herein provided, meet and elect trustees who shall hold their offices for one year and until their successors are elected and qualified. The title to all real estate and personal property shall vest in said trustees, and said trustees shall have the possession, control and care of all the personal estate of such corporation. Said trustees shall execute all conveyances, leases, bonds and other obligations of said association, and which they shall be ordered, authorized and directed to execute by the board of directors of said association. Said trustees shall be responsible for the safe keeping of the personal estate of said association, and for the care and protection of the real estate thereof, and may, if the board of directors deem it necessary, be required to give bond in such amounts as fixed by the board of directors. Any

young men's christian association heretofore organized now owning or holding real estate may accept the provisions of this act by a vote of two-thirds of the board of directors, trustees or other governing body of said association, and upon the acceptance of this act all the real and personal estate of such association shall immediately become vested in the trustees elected under the provisions of this act. Upon every election of trustees as aforesaid such associations shall cause a certificate of said election containing the names of said trustees and the date of their election to be filed and recorded in the office of the recorder of the county where said association is located. But no failure on the part of said association or the directors thereof to elect trustees shall vacate the office of any trustee theretofore elected.

34641. Directors By-laws. 4. Such corporation shall elect directors from the inembers thereof at such times and places and for such periods as may be provided by the by-laws, and they shall have the management and control of the affairs of the association. Said directors shall have the right to adopt a constitution and all necessary by-laws for the direction and regulation of the affairs of such association, and to provide how the same may be changed and amended.

3464j. Dividends. 5. No such corporation shall declare a dividend or make any distribution of its corporate property or earnings. Nor shall it be allowed to engage in any business or enterprise, but the whole income and revenue of such corporation shall be expended in carrying out the object of its formation.

3464k. Taxation. 6. Any building owned by said association in which is located the offices and rooms of said association, and all personal property owned by said association used therein, together with the real estate upon which said building is located, shall be exempt from taxation.

3465. Articles of association. 1. Any number of persons, not less than five, who may be interested in inclosing, under one general fence, lands improved, used for the purposes of cultivation, and situated in an area that is definitely described by sections or sub-divisions of sections, or sufficiently described by metes and bounds, and upon or near any stream, water-course, lake, pond or marsh, and subject to overflow therefrom, or in doing any other work necessary to protect such lands, and to secure the crops raised thereon, may associate themselves

together, and adopt and subscribe articles which shall specify the name and objects of the association.

3466. Notice of election for directors. 2. Three or more members of the association may give notice that, at a time to be specified and at a convenient place named near the contemplated work, an election will be held for the purpose of choosing directors for the association. The notices shall be written or printed, and shall be posted in at least five public places in each township through which the contemplated work will pass, for not less than ten days previous to the election.

3467. Number and election of directors. 3. At the day appointed, not less than five of the members of the association having met, they shall proceed to elect, by ballot, not less than three nor more than seven of their number directors of the association.

3468. Articles of association. 4. The association shall, after the election of directors, cause the articles of association to be recorded in the office of the Recorder of the county in which the proposed work shall extend; which article shall specify the name and objects of the association, the names of its officers for the first year, the character of the work proposed, and where the same is to be located. And thereafter such association shall be a body politic and corporate by the name and style so adopted, with all the rights, incidents, and liabilities of bodies corporate. Any person owning land in such area shall be entitled, at any time, to become a member of the association by signing the articles of association.

1. At common law, proprietors of land are not bound to fence against each other, but each is bound to keep his stock on his own land.- Williams v. Railroad Co., 5 Ind. 111; Brady v. Ball, 14 Ind. 317.

2. If a person by inclosing lands makes use of another's fence, so as to make it a partition fence, he will become liable to pay one-half the value thereof.- Bartlett v. Adams, 43 Ind. 447.

3. If parties agree that each shall keep up a portion of the fence, damages may be assessed under the statute against the party in default.- Bruner v. Palmer, 108 Ind. 397.

4. A person is not responsible for damages done by animals not under his control, that pass through his lands and enter upon adjoining lands.- Cook v. Morea, 33 Ind. 497.

3469. Petition - Hearing — Viewers - Notice. 5. The board of directors shall then present to the Board of Commissioners of the county in which such fence is to be located a petition, signed by the owners of the major portion of the improved land, giving a full description of the contemplated work, specifying particularly the points of beginning and ending, the course and distances of the same, the manner and character of the gates to be placed on all public highways crossed, the nature and character of the improvement, a detailed statement of the cost thereof,

as accurately as the same can conveniently be stated, and a description of the area to be inclosed, praying for the appointment of viewers to view and apportion among the owners of real estate in such area, according to the number of acres of land owned by each therein, improved and used for purposes of cultivation, the cost of such improvement, and all expenses in and about procuring the same, and that will probably be. necessary in maintaining the same for one year after the completion thereof; and the said Board of Commissioners, on proof that the signers of said petition own the major portion of the improved land in such area, shall hear and consider said petition, and, if they shall deem the said improvement to be of public utility and to the best interests of the owners of such lands in such area, shall appoint three viewers, not members of the association or interested in the proposed work, to make such apportionment among such land owners. The viewers shall be furnished a copy of the plan and profile of the proposed work, together with a certified copy of the order of the Board of Commissioners for their appointment, and shall meet at such time and at such place in said area to make their apportionment as shall be fixed by the Board of Commissioners. Before such apportionment shall be made or commenced, the owners of improved land in such area shall have notice of the time and place when and where the viewers will begin the examination of lands and the apportionment of assessments thereon, by written or printed notices, to be posted at the door of the court house of the county and five public places in such area.

3470. Duty of viewers. 6. At the time and place named by the Board of Commissioners and fixed by the notices, said viewers shall meet and inspect the lands improved and used for cultivation in such area, and shall assess against the owners thereof the costs and expenses of such improvement, which shall be apportioned among them, severally, according to the number of acres of improved land owned by each; and they shall, at such time, hear and determine any complaints which may be made to them respecting such assessment, and, for that purpose, they shall have power to hear evidence, to swear and examine witnesses, to re-examine any lands, to cause surveys and measurements to be made, and to adjourn from day to day, or for longer periods, until they shall complete the apportionment of such assessments.

3471. Viewers' report - Recording-Lien. 7. The viewers appointed, after having completed their apportionment, shall submit a written report of their doings to the Board of Commissioners, together with a tabular statement of the assessments made by them; and the directors of such association shall cause the same to be recorded in the office of the Recorder of the county; and from the date of the recording thereof, the same shall be, respectively, a lien on each and every tract of land described therein for the amount assessed to such tract.

3472. Assessment for repairs. 8. The board of directors shall have the power to make annual assessments after the first, for the purpose of repairing and maintaining such improvement and for other necessary expenses. They shall apportion the same among such owners, and file a tabular statement of such apportionment and assessment in the Recorder's office, and the same shall be a lien on the tracts of land respectively assessed, and may be collected in the same manner as the original

assessment.

3473. Corporation to keep in repair. 9. When the owners of such lands have, under or by virtue of any law of this State or by mutual consent, heretofore erected a fence, such as is contemplated by this Act, such land owners may organize an association according to the provisions herein, file their articles of association in the office of the Recorder, and petition the Board of Commissioners as provided; but the said petition shall show that the fence has already been built, and that the object of such organization is for the purpose of maintaining the same in good order and repair, as though built under the provisions of this Act; whereupon the Board of Commissioners shall consider the said petition, and, if satisfied that the owners of the major portion of the land improved and used for the purposes of cultivation, inclosed by said fence, are the signers thereof, and that the maintenance of such improvement be of public utility and for the best interest of the owners of such land in such area, shall make an order allowing the board of directors of such association to make assessments for