3420kk. Report to attorney-general. 16. Should the auditor of State, or the inspector appointed by him, find, upon examination, that the affairs of any such corporation, association or society are in an unsound condition, and that the interests of the public demand, the dissolution of such corporation, association or society and the winding up of its business, he shall so report to the attorney-general, who shall institute the proper proceedings for that purpose. 342011. Failure to report - Penalty. 17. The president and secretary of any such corporation, association or society failing to make and file the reports required by this act within thirty days after the same are due shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars ($100). Upon failure to file such report it shall be the duty of the auditor of State to notify the president and secretary of such corporation, association or society of such failure, and if such report is not filed within thirty days from the date of such notice, then it shall be the duty of the auditor to examine such corporation, association or society, as provided in section fourteen (14) of this act. 3420mm. Refusal to permit examination. 18. The refusal of any such corporation, association or society to permit the examination of its affairs authorized by this act shall be sufficient cause for institution of proceedings to wind up its affairs, as provided in section sixteen (16) of this act. 3420nn. Publication of reports. 19. The auditor of State shall annually compile the reports of such corporations, associations or societies required to be filed in his office, and publish the same in his annual report to the governor and general assembly. 3420 00. Department created-Inspector clerk. 20. To enable the auditor of State to fully carry into effect the provisions of this act, there is hereby created in the office of the auditor of State a building and loan association department, and the auditor of State shall be ex officio building association inspector, and charged with the execution of the laws of this State relating to building, loan fund, savings or investment associations. He is hereby authorized to employ an additional clerk in his office, to be known as the deputy building association inspector. ARTICLE 2 -CAMP MEETING. SEC. 3425. Officers-By-laws-Police powers. [1877, p. 8. In force July 2, 1877.] 3421. How formed. 1. Any number of persons, not less that fifteen, may voluntarily associate themselves, for the purpose of holding camp meetings for religious services, by written articles to be signed by each person who may be a member at the time of organization, specifying where said organization shall be located, the corporate name selected by said corporation, the names and residence of the stockholders, and in what manner the person or persons shall be selected or appointed to manage the business affairs of the corporation. 3422. Filing and recording. 2. Such camp meeting association shall file their articles of association in the office of the Recorder of the county in which such association may be located; which articles shall be recorded in the miscellaneous records of said county, for which such Recorder shall be entitled to the same fee as is allowed for recording deeds, to be paid by the corporation; a certified copy of which record shall be conclusive evidence of the organization. And such articles may be amended, from time to time, as said association may deem proper; and such amendments shall go into effect from the time they are filed in the Recorder's office. 3423. Powers. 3. Such association shall, from the time such articles are filed in the Recorder's office, be deemed and held to be a corporation, and shall have and possess all the rights, powers, and privileges given to corporations by common law, to sue and be sued; to rent, lease, purchase, hold by deed or will, sell, and convey such real and personal property as may be necessary and proper for the purpose of erecting buildings, or any other proper object of the corporation. 3424. Shares-Transfer. 4. Such corporation may, in its discretion, divide its corporate property into shares of such an amount as they may determine, and designate the manner in which such shares shall be held, sold, conveyed, assigned, or transferred. 3425. Officers-By-laws - Police powers. 5. Such corporation may elect such officers or agents as may be necessary to effect the objects of its organization. It may prescribe and adopt rules and regulations for the direction of its officers and members; and shall have all the power and authority given to incorporated cities for the appointment of policemen, whose duties shall be to preserve order at such camp-meetings; to arrest any and all persons who shall violate any of the criminal laws of this State, or shall be drunk or disorderly in said grounds, and shall take such person, within twelve hours from the time of such arrest, before some Justice of the Peace of the county in which such corporation is located, whose duty it shall be to hear and determine any charge made against such person and to punish all offenses against any of the laws of this State, as in other cases. And the appointment of such policemen shall be their sufficient authority to arrest, for any of the offenses contemplated by this Act, on view, or upon affidavit filed before any Justice of the Peace of such county and warrant issued thereon. 3426. Records-Evidence. 6. Such corporation shall keep a record of its proceedings in a book kept for that purpose. A copy of any entry therein, certified by the Secretary, shall be received in evidence in any Court of this State, in all cases affecting the interests of such corporation or any officer or appointee thereof. 3427. Capital-stock. 7. The capital-stock of such corporation shall not exceed the sum of twenty-five thousand dollars; which may be divided into such shares as such corporation may deem proper. 3428. Organization and purpose. 1. Any number of persons, citizens of the State of Indiana, not less than ten, are hereby authorized to form themselves into a company for the purpose of detecting and apprehending horse thieves and other felons, and for mutual protection and indemnity against the acts of such horse thieves and felons, as hereinafter provided. 3429. Articles. 2. Persons desirous of forming such company shall each subscribe articles of association, in which shall be set forth the name of such company, the residence of each member, the object of said association, and the number of years during which such company shall exist. Said articles of association shall be filed and recorded in the office of the County Recorder of the county in which a majority of the members of such company may reside; and a certified copy of such record shall be received as prima facie evidence, in any Court of this State, of the existence of said company and of the membership of any person belonging thereto: Provided, That there shall be filed and recorded, with said articles, an affidavit of some member of such association that all the signatures thereto are genuine, according to the best of his knowledge and belief. 3430. When incorporated. 3. Whenever said articles of association shall be filed and recorded as above provided, the said company, under the name and style designated in said articles, shall be a body politic and corporate, and by such name may sue and be sued in any Court of competent jurisdiction, and may have and use a common seal. 3431. Constitution and by-laws - Constables. 4. A majority of the members of such association shall have power to adopt a constitution and by-laws for their government, to designate and appoint a presiding officer and such other officers as they may deem proper, who shall hold their offices for such time and shall perform the duties required of them by such constitution and by-laws; and such presiding officer is hereby authorized and empowered to administer oaths to members of such association in all matters wherein oaths are necessary to be administered by the rules and by-laws of the association, and such association, with the consent of the Board of Commissioners of the county in which such articles are recorded, may designate any or all members of the association, who in the pursuit and arrest of horse thieves and other offenders against the criminal laws of the State, shall have all the powers of constables, and such association shall furnish to the Board of Commissioners a list of the names of members so designated, and if consent is given, the Board shall enter upon its record an order reciting the names of such persons, and that the consent of the Board has been given to such appointments, and the record so made shall authorize and empower the County Auditor to issue to each member so designated a certificate of his appointment: Provided, that such constables shall have power to pursue and arrest horse thieves and other criminals against the criminal laws of Indiana, and to follow and pursue such criminals in to and through any part of the state of Indiana; and, in the absence of warrant, shall have power to arrest and hold in custody, without warrant, for such time as may be necessary to procure a warrant. [As amended, 1891 S., p. 106. In force March 5, 1891. 3432. Assessments Expenditures. 5. Said association may make and collect from its members such assessments as may be authorized by its constitution or by-laws; and may, if so provided in said con stitution, indemnify its members for losses caused by horse thieves or other felons, and expend such moneys as may be deemed necessary in the pursuit and arrest and in procuring the conviction of felons, and do all other acts and things consistent with the object of this Act and of such association, and not inconsistent with such articles and by-laws or with the laws and Constitution of this State or of the United States. SEC. ART. 3a. BONDING OR SURETY COMPANIES. SEC. 3432a. Bonding Cos. may guarantee fidelity 3432p. Interest, collection of. of persons. 3432b. Articles of incorporation. 3432c. Duty of auditor and atty. general. 3432d. Officers. 3432e. Capital stock. 3432f. May sue and be sued. 3432g. Annual report. 3432h. Form of report may amend. 34321. Failure to make deposit or report. 3432j. Examination of books by auditor. 34320. Dissolution of company. [1901 S., p. 63. [34324. Penalty, business without certificate. 3432F. Suits, how brought. 3432s. Investments, manner of. 3432t. Real estate, purpose for which may be held. 3432u. Real estate, sale of. 3432v. Bonds, purpose for which may give. 3432w. Certificate of qualification. 3432x. Release from liability, how. 3432y. Fiduciary may include expense of bond. 3432z. Trust funds, deposit of. 3432aa, Foreign Surety Co. not affected. 3432bb. Fee of auditor. 3432cc. Stockholders, liability of. Approved March 2, 1901.] 3432a. Bonding or surety companies - May guarantee fidelity of persons. 1. That any five or more persons, citizens of this State, may associate in accordance with the provisions of this act, and form an incorporated company for the purpose of guaranteeing the fidelity of persons holding places of public or private trust, and performing a contract, other than insurance, and executing or guaranteeing bonds or undertakings required or permitted in actions or proceedings or by law allowed. 3432b. Articles of incorporation. 2. Such persons shall associate themselves together by articles of incorporation in writing, for the purpose of forming a bonding or surety company, which articles shall specify the name by which the company shall be known, the place in which its principal office will be established or located, the amount of its capital stock, the general object of the company, and the proposed duration of the same. Any name not previously in use by any existing company may be adopted, but such name must clearly indicate the object and purpose of the company. The Auditor of State may reject any name or title, when in his judgment it too closely resembles that of any existing company or is likely to mislead the public. 3432c. Duty of Auditor and Attorney General. 3. The subscribers to said articles of incorporation shall acknowledge the same before some one empowered to take acknowledgments of deeds, and forward the same to the Auditor of State, who shall, in case he approves of the title of the proposed company, submit said articles of incorporation to the Attorney-General for examination, and if found by the Attorney-General to be in accordance with the provisions of this act, and not inconsistent with the Constitution of this State or of the United States, he shall certify the same to the Secretary of State, with his approval endorsed thereon, who shall file the same in his office. 3432d. Officers. 4. The subscribers to said articles of incorporation shall choose from their number a president, a secretary, a treasurer and such number of directors, not less than five, who shall continue in office for the period of one year from the date of filing the articles of incorporation and until their successors shall be duly chosen and qualified as hereinafter provided. They shall open books for the subscription of stock in the company at such times and places as they shall deem convenient and proper, and shall keep them open until the full amount specified in the certificate is subscribed. 3432e. Capital stock. 5. Companies organized under the provi sions of this act shall have not less than two hundred thousand dollars ($200,000) of capital stock subscribed, two hundred thousand dollars ($200,000) of which shall be paid up and invested in bonds of the United States or of this State or of any county or any municipality of this State or in bonds or mortgages upon unincumbered real estate in the State of Indiana worth at least double the sum loaned thereon. (If buildings are considered a part of the value of the real estate they must be insured for the benefit of the mortgagee.) Fifty thousand dollars of such securities shall be deposited with the Auditor of State and upon said deposit and satisfactory evidence to the Auditor of State that the capital stock of at least two hundred thousand dollars is all subscribed and paid up in cash in good faith and that such stock has been invested as herein prescribed and upon the deposit of the sum of fifty thousand dollars of such securities or in cash with the Auditor then said Auditor shall issue to said company a certificate authorizing it to do business. No part of the capital paid in shall be loaned to any officer or stockholder of said company. 3432f. May sue and be sued. 6. A corporation organized or doing business under the provisions of this act, shall, by the name adopted by such corporation, in law, be capable of suing or being sued, and may have the power to make or enforce contracts in relation to the business of such corporation, may have and use a common seal and may change or alter the same at pleasure, and in the name of the corporation, or by a trustee chosen by the board of directors, shall, in law, be capable of taking, purchasing, holding and disposing of real and personal property for carrying into effect the purposes of their organization; and may by their board of directors, trustees or managers, make by-laws and amendments thereto not inconsistent with the laws or the Constitution of the State or of the United States, which by-laws shall define the manner of electing directors, trustees or managers and officers of such corporations, together with the qualifications and duties of the same, and fixing the term of office. 3432g. Annual report of officers. 7. The president, vice-president and secretary or majority of directors or trustees of each company organized under the provisions of this act shall, annually, on the first day of January, or within sixty days thereafter, prepare and deposit in the office of the Auditor of State, a verified statement of the condition of such company on the 31st day of December of the preceding year showing: C. The amount of cash deposited in bank or trust company. d. The amount of stocks and bonds of the United States, and all other bonds, e. giving names and amounts, with par and market values of each kind. The amount of loans secured by first mortgage on real estate. f. The amount of all other bonds, loans, and how secured, with rate of interest. g. The amount of notes given for unpaid stock and how secured. h. The amount of interest due and unpaid. i. All other credits or assets. Third: Liabilities. a. The amount of losses due and unpaid. |