[1881 S., p. 698. In force April 7, 1881.]

4181. May be formed. 1. Any number of persons may form themselves into a corporation for the purpose of establishing, maintaining, and operating telephones, telephone lines, and telephone exchanges within the State of Indiana, by complying with the requirements of this act.

4182. Articles of association. 2. They shall join in the execution of articles of association, setting forth the name assumed, the counties or places within which such company proposes to establish, maintain, and operate telephones and telephone exchanges, the amount of capital stock, and the number of shares into which it is divided. The stockholders who incorporate such association shall each sign such articles, giving his place of residence and the amount of stock subscribed for by him, five of whom (if there be so many signers) shall acknowledge the execution of such articles before some officer authorized to take acknowledgments of deeds, and the articles shall thereupon be recorded in the office of the Secretary of State. 4183. When incorporated. 3. As soon as such articles are filed for record in the office of the Secretary of State, such company shall be deemed and held to be a corporation, by the name specified in the articles of association, and in its corporate name shall be capable of suing and being sued, pleading and being impleaded, defending or being defended in any Court of competent jurisdiction.

4184. Election of directors-Term. 4. The stockholders shall elect, from among their number, not less than three directors, a majority of whom shall be residents of this State who shall hold office for one year and until their successors are elected. Notice of the election of the directors shall be given by publication, for two weeks successively, in some newspaper published in the county in which the principal office is located, and such directors so elected shall be bona fide stockholders of said company. [As amended 1899 S., p. 124. Approved February 24, 1899.

4185. Principal office Officers. 5. The principal office of said company shall be maintained in this State. The board of directors shall organize within ten days after said election, by choosing one of its members president (who may also be superintendent), and a secretary and a treasurer (which two offices may be filled by the same person), and such other officers as may be necessary.

4186. By-laws-Records - Evidence. 6. The board of directors shall adopt by-laws for the government of the corporation and the management of its business; and shall cause to be kept a full and complete record of its proceedings in a book provided for that purpose; and such record,

or copies duly proved, may be read in evidence when the interests of the corporation are concerned.

4187. Seal - Powers. 7. Such company may have a common seal, which may be altered at pleasure; and shall have power to acquire, by purchase or otherwise, and hold and convey, such real and personal estate as may be proper for the purpose of erecting and maintaining its lines of telephone and the appliances and buildings requisite for its business; and shall have the right to acquire such real estate and rights of way, as may be necessary for its business, under the writ of assessment of damages, as fully as if the act in relation to said writ were incorporated in this act and made part of the same. The life of a corporation organized under this act shall be limited to fifty years.

4188. Powers. 8. Any telephone company organized under this act shall have power to lease, or attach to other telephone lines or exchanges by lease or purchase. 4189. Railroads may be stockholders. 9. A railroad company may become a stockholder in any telephone or telephone exchange company.

4190. Liability. 10. A telephone company shall not be liable for

errors in messages or communications, except when such messages or communications are transmitted under contract directly by the agents or employes of the company; nor shall it be liable for any special damage sustained by a failure of its instruments to work, beyond a rebate of the rent charged for the time such instrument failed to work.

4191. Stock. 11. The board of directors shall have power to make assessments, from time to time, on the stock, to the extent, in the aggregate, of its face value, for the purpose of repairing or extending its lines; and it may also, with the consent of a majority of the stockholders, increase the capital stock for the purpose aforesaid. It may also, in its by-laws, determine the manner in which the stock of the company shall be held and assigned. 4192. Liability of stockholders. 12. Every stockholder shall be liable, in his individual capacity, for any contract, debt, or engagement of such company to an amount, over and above his stock, equal to the face value of his stock.

[1885 S., p. 151. In force April 8, 1885.]

4192a. Duty-Discrimination. 2. Every telephone company with. wires wholly or partly within this State, and engaged in a general telephone business, shall within the local limits of such telephone companies business supply all applicants for telephone connections and facilities with such connections and facilities without discrimination or partiality, provided such applicants comply or offer to comply with the reasonable regulations of the company; and no such company shall impose any conditions or restrictions upon any such applicant that are not imposed impartially upon all persons or companies in 'ike situation, nor shall such companies discriminate against any individual or company engaged in any lawful business, or between individuals or companies engaged in the same business, by requiring as a condition for furnishing such facilities that they shall not be used in the business of the applicant, or otherwise for any lawful purpose.

4192b. Penalty. 3. Any person or company violating any of the provisions of this act shall be liable to any party aggrieved in a penalty of one hundred dollars for each offense, to be recovered in a civil action in any court of competent jurisdiction: Provided, Nothing in this, act shall be construed to take away or abridge the right of such aggrieved party to appeal to a court of equity to prevent such violations or discriminations by injunction or otherwise.

4192c. Repealing clause. 4. All laws and parts of laws inconsistent with this act are hereby repealed.

[1283 S., p. 9. In force February 13, 1883.]

4192d. Disclosure of conversation, etc.-Penalty. 1. Any operator, clerk, servant, messenger, or employe of any telephone company doing business in this State who discloses the contents of any dispatch or message, or any conversation had between persons while using the line of any telephone company, except to a Court of justice or to a person entitled to know the same, shall be fined not more than five hundred dollars, nor less than ten dollars.

The act of April 13, 1885, which went into force July 18, 1885, and is found at 1885 S., p. 227, was held unconstitutional.- Hockett State, 105 Iud. 250, and Johnson v. State, 113 Ind. 143. The act was repealed 1 y 1889 S., p. 49.

[1865 S., p. 202. In force December 12, 1865.]

4193. How formed. 1. Any number of persons may form themselves into a corporation for the purpose of constructing warehouses in which to inspect, store, and sell tobacco, by complying with the following requirements: They shall unite in articles of association, setting forth the name which they assume, the place at which they propose to construct the warehouse, the amount of capital-stock, and the number of shares into which it is divided. The names and places of residence of the subscribers, and the amount of stock taken by each, shall be subscribed to said articles of association. Whenever the stock subscribed shall amount to the sum of six thousand dollars, copies of the articles of association shall be filed in the office of the Recorder of each county in which the warehouses are to be constructed, and from that time it shall be a corporation and known by the name assumed in its articles of association.

4194. Election of directors - Term. 2. Not less than five nor more than seven directors shall be elected by the stockholders of every such corporation, who shall hold their office for one year and until their successors are in like manner elected and qualified. Notice of the first election for directors shall be given by two weekly publications in some newspaper of the county, or, if no such paper be published therein, then in an adjoining county or the county nearest thereto wherein such paper is published. Said directors shall be elected by a majority of the votes given, either by the stockholders present or by written proxy from those not present; and each stockholder shall be entitled to one vote for each and every share he may hold in the capital-stock of the corporation at the time of such election.

4195. Powers-Seal. 3. Any such company shall be entitled to all the privileges and immunities of the laws of this State as a body politic and corporate, such as contracting and being contracted with, suing and being sued, pleading and being impleaded, defending and being defended in any Court of competent jurisdiction. It may have a common seal, and may make and alter the same at pleasure.

4196. May acquire property. 4. For the purpose of locating and constructing any such warehouse, it shall be lawful for such company to lease, purchase, hold, use, and convey any property or estate whatsoever, real or personal, that may by such company be deemed necessary to the prosecution of its designs.

4197. Collecting calls. 5. It shall be lawful for the directors to require payments from subscribers to the capital-stock of the sums subscribed by them, at such times and in such proportions and on such conditions as

they shall see fit, under the penalty of the forfeiture of their stock and of all previous payments thereon, or under such other penalty or forfeiture as such company may, by by-laws, prescribe. They shall give notice of the payments thus required, and of the time and place when and where, at least thirty days previous to the time when such payments are required to be made, in a newspaper printed in the county, or, if no such paper is published therein, then in an adjoining county or the county nearest thereto wherein such paper is published.

4198. Shares- Increase of capital. 6. The shares of the corporation shall be deemed personal property, and shall be transferable in the manner prescribed by the by-laws. Any person becoming a shareholder. by assignment shall succeed to all the rights and liabilities of his assignor. The directors may provide for any increase of capital-stock that may be deemed advantageous to the corporation, provided the whole shall not exceed fifty thousand dollars.

4199. Vacancies - By-laws. 7. Any such company may fill all vacancies occurring in its board of directors by the remaining directors, at any of its meetings, and may make, enact, and publish any and all ordinances and by-laws which it may deem proper, not inconsistent with the laws of this State.

[1895 S., p. 83. In force March 2, 1895.]

4199a. Tobacco warehouses - Incorporation. 1. Any number of persons not less than three may form themselves into a corporation for the purpose of constructing, operating and maintaining tobacco warehouses and warehouses for the storage, sale and inspection of tobacco, and for the purpose of engaging in the business of buying, selling and dealing in tobacco, by complying with the provisions of this act. The persons desiring to form such corporation shall sign, execute and acknowledge articles of incorporation setting forth the name they propose to assume, the objects and purposes of the corporation, the amount of the capital stock of such corporation and the number of shares into which the same is to be divided, together with the name of one or more of the places at which the business of such corporation is to be conducted. The names and places of residence of the subscribers and the amount of stock taken by each shall be subscribed to said articles of association. A copy of such articles of association shall be filed in the office of the recorder of the county in which the business of said corporation is to be conducted, and a duplicate thereof shall be filed in the office of the secretary of State.

4199b. Board of directors.

2. The affairs of said corporation shall

be managed by a board of directors of not less than three nor more than seven members, who shall be stockholders in such corporation and shall be elected by the stockholders thereof, and shall hold their offices. for one year and until their successors are elected and qualified. Such articles of incorporation shall designate the directors selected to serve for the first year, but an annual election of directors shall be held every year thereafter, and notice of such election shall be given by publication for two (2) weeks in some newspaper of general circulation printed and published in the county where such corporation shall have its prin

cipal office and place of business, and if no such paper be published therein then in an adjoining county or the county nearest thereto wherein such paper is published. Said directors shall be elected by a majority of the votes given either by stockholders present, or by written proxy from those not present, and each stockholder shall be entitled to one vote for each and every share he may hold in the capital stock of such corporation at the time of such election.

4199c. Rights and immunities. 3.. Any such company shall from the time of the filing of said articles of incorporation for record in the office of the secretary of State be entitled to all the privileges and immunities of this State as a body politic and corporate, such as contracting and being contracted with, suing and being sued, pleading and being impleaded, defending and being defended, in any court of competent jurisdiction, and shall have and possess all of the powers necessary to carry out the intent and purposes of such organization.

4199d. May hold real and personal property. 4. For the purpose of locating and conducting, maintaining and operating any such warehouse, or for the purpose of engaging in the business of buying, selling or dealing in tobacco, it shall be lawful for said company to purchase, hold, lease, use, sell and convey any property or estate of any kind, real or personal, wherever the same may be situate, and wherever the said company shall conduct any such business that may be by such company deemed necessary to the transaction of its business.

4199e. Payments to capital stock. 5. It shall be lawful for the directors to require payments from subscribers to the capital stock of the same, as subscribed by them at such times and in such proportions and on such conditions as they shall see fit under the penalty of the forfeiture of their stock and of all previous payments thereon, or under such penalty or forfeiture as such company may by its by-laws prescribe. They shall give notice of the payments thus required and of the time and place when and where, at least thirty days previous to the time when such payments are required to be made, in a newspaper printed in the county or if no such newspaper is published therein, then in an adjoining county, or the county nearest thereto wherein such paper is published.

4199f. Shares. 6. The shares of stock in said corporation shall be deemed personal property and shall be transferable in the manner prescribed by the by-laws. The directors may provide for any increase of the capital stock that may be deemed advantageous to the corporation, provided the whole shall not exceed five hundred thousand ($500,000.00) dollars.