3815m. Limit as to business. 13. No such corporation shall engage in any banking, mercantile, manufacturing or other business, except such as is hereby expressly authorized: Provided, That any promissory note, bond or instrument in writing made negotiable by the laws of this State, when payable at a bank within this State shall in like manner be negotiable if made payable at the office of any such corporation, it shall not loan its funds, moneys, capital, trust funds, or other property whatsoever, to any director, officer, agent or employe thereof, nor shall any such director, officer, agent or employe become in any manner indebted to said corporation by means of any overdraft, promissory note, account, endorsement, guaranty or other contract whatsoever. 3815n. Control of courts over. 14. Any such corporation shall be subject at all times to the further orders, judgments and decrees of any court of record from which it shall have accepted any trust, appointment or commission as to such trust, and shall render to such court such itemized and verified accounts, statements and reports as may be required by law, or as such court shall order in relation to such particular trust. It shall render to the auditor of State a full and detailed annual account of its condition on or before the first day of April, in each year, and a condensed statement of such annual account shall be published by said corporation in a public newspaper, printed and published in the county in which its principal place of business is located, and if none, then in such newspaper as the auditor of State may direct. 38150. Examination every six months. 15. It shall be the duty of such public examiner, once in every six months, to make an examination of the books, property, affects [effects] and liabilities of such corporation, and he shall have the power to examine any of its officers or employes, under oath, touching any of the affairs of said corporation; and in the event of his inability to act in the premises, the auditor of State may discharge and perform all the duties of the public examiner in relation to such corporation. 3815p. Illegal business - Duty of auditor. 16. If it shall appear to the said auditor of State, from any examination made, or from any report of any examination made, that said corporation has committed a violation of any of the provisions of this act, or of the law, or that it is conducting business in any unsafe or unauthorized manner, or in case it is insolvent, he shall by an order under his hand and seal of office, addressed to such corporation, direct the discontinuance of such illegal or unsafe practices and conformity with the requirements, of any of the provisions of this act, and of the law, and with safety and security in its transactions; and whenever any such corporation shall refuse or neglect to make such report or account as may be lawfully required, after ten days' notice from said auditor of State, or to comply with any such order as aforesaid, or whenever it shall appear to said auditor of State that it is unsafe or inexpedient for any such corporation to continue to transact business, or that it is insolvent, he shall communicate the facts to the prosecuting attorney of the district within which such corporation has its chief office, who shall thereupon be authorized to institute such proceedings against any such corporations as are now or may hereafter be provided by law in case of insolvent corporations, or such other proceedings as the case may require. [1899 S., p. 127. Approved February 24, 1899.] 3815q. Word "Trust" prohibited - Exception. 18. All corporations not organized and transacting business under said act approved March 4, 1893, and whereto this is supplemental, and all persons or corporations doing the business of bankers, brokers, saving institutions, insurance corporations, building and loan associations or other corporations engaged in business in this State under any other act than the one aforesaid are prohibited from using the word "trust" as a portion of the name or title of said bank, corporation, firm, partnership or association; and any violation of this prohibition committed by any person or corporation after the taking effect of this act shall subject such party, person, corporation or association chargeable therewith to a penalty of fifty ($50) dollars for each day during which it is committed or repeated; said penalty to be recovered in the name of the State on a suit brought by the Attorney-General, whose duty it shall be to enforce the provisions of this section. This act is supplemental to and amendatory of the act of March 4, 1893, being sections 3815a to 3815p inclusive. [1901 S., p. 189. Approved March 7, 1901.] 3815r. Loan, etc., companies to report their surety obligations. 1. That every corporation doing business under the law of this State, entitled "An act to authorize the organization and incorporation of loan, and trust, and safe deposit companies, and defining their powers, rights and duties and other matters connected therewith," approved March 4, 1893, in rendering to the Auditor of State the actual account of its condition, shall always state specifically the full amount of all its outstanding obligations incurred by reason of its guaranteeing or becoming surety for the faithful performance by any person of any duties whatsoever, and shall at the same time also state specifically the amount of premiums charged and received by it on such obligations as may then be in force. And in estimating at any time the condition of such corporation the Auditor of State shall charge as liabilities, in addition to the full amount of the capital stock outstanding, all outstanding indebtedness of the corporation and a premium reserve equal to fifty per centum of the premiums charged by the corporation on all its obligations then in force on account of its guaranteeing or becoming surety for the performance by any person of any duties whatsoever. 3815s. Trust companies may accept savings deposits. 2. Every corporation organized under the act described by its title in the preceding section, which, in the conduct of its business, may accept savings deposits, is hereby authorized and required to accept and hold such deposits under the same regulations as to the repayment thereof as are now prescribed by the law of this State for the repayment of deposits in savings banks. [1899 S., p. 189. Approved February 27, 1899.] 3815t. Prohibiting loan to officer of deposit, etc., company. 1. That it shall be unlawful for any insurance company, or trust and deposit company incorporated under and pursuant to the laws of this State, to loan any of its funds, moneys, capital or other property whatsoever to any director or officer thereof. 3815u. Penalty. 2. Any Board of Directors, director or officer, of any insurance company or trust and deposit company, incorporated under and pursuant to the laws of this State, who shall, directly or indirectly, loan any of its funds, moneys, capital or other property whatsoever, to any director or officer of the same, and any director or officer, of any insurance company or trust and deposit company, incorporated under and pursuant to the laws of this State, who shall borrow from it any of the funds, moneys, capital or other property whatsoever, of such company, shall be deemed guilty of a misdemeanor and shall, upon conviction of the same, be fined in any sum not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, and be imprisoned in the County Jail for not less than thirty days nor more than six months. 3816. What societies may hold lands-Trus-3829. Dissolution and revival. tees. 3817. "Society" defined. 3818. Notice to elect trustees. 3819. Election and certificate. 3820. Certificate, as evidence. 3830. Act applies to existing societies. 3833. Incorporation of cemetery-Powers. 3821. Term of office and removal of trustees. 3835. Platted lots. 3822. By-laws. 3823. Usage. 3824. Trustees, a corporation. 3825. Change of name. 3826. Trustees may acquire lands. 3827. May acquire personalty. 3828. May dispose of property. 3836. Private burial-ground. 3837. Title to burial-ground. 3837a. Streets through cemeteries prohib ited. 3837b. Railway through prohibited. 3828a. Lodges may hold stock in corpora- 3837d. May be enjoined. tions. 3828b. Legalizing such holding. [1 R. S. 1852, p. 458. In force May 6, 1853.] 3816. What societies may hold lands-Trustees. 1. Any persons, congregation, society, church or any grand or subordinate lodge of Free Masons, or Odd Fellows, or Knights of Pythias, or any grand or subordinate chapter, council or encampment of Free Masons, or Odd Fellows, or Knights of Pythias, or any temple, or division of the Sons or Daughters of Temperance, and any voluntary association for religious, educational, scientific, or benevolent purposes, may take by purchase, grant or devise lots or tracts of land not exceeding one hundred and sixty acres upon which to erect buildings for religious worship or for such other purposes as will best attain the objects of said several organizations; and for that purpose may elect not less than three nor more than nine trustees who shall possess the power and perform the duties herein named. [As amended, 1895 S., p. 13. In force February 16, 1895. 3817. "Society" defined. 2. The word society in this act shall be deemed to include churches, associations, congregations, grand and subordinate lodges, chapters, councils, encampments, divisions and all other orders enumerated in the preceding section. [As amended, 1895 S., p. 13. In force February 16, 1895. 3818. Notice to elect trustees. 3. Notice of the first election of trustees shall be given at least ten days previous thereto by publication in a newspaper of the county if any be published therein, otherwise by posting such notices in three public places in the township where such election is to take place, one of which notices shall be posted at the place where the proposed election is to be held. Such notice shall state the time, place and object of such election; and the same shall be held at the usual place of worship or meeting of such society if any there be. Provided, That at any subsequent election of such trustees no such notice shall be necessary where such lodge or society shall by its rules, by-laws or constitution provide and fix the time and place for the election of its trustees. [As amended, 1895 S., p. 13. In force February 16, 1895. 3819. Election and certificate. 4. Such society, at the first and every subsequent election, shall appoint a clerk thereof, who shall take, count, and make a poll-list of the votes given for trustees; and, within ten days thereafter, shall deposit in the Recorder's office of the county where the real estate granted is situate, a certificate setting forth the notice of such election, the time and place where the same was held, the name of the society and persons elected as trustees thereof; and the Recorder of such county shall record the same among the records of deeds in his office. 3820. Certificate, as evidence. 5. As between such society, the trus tees thereof, and all persons claiming under them, and any person granting real estate thereto, and all persons claiming under him, such certificate shall be conclusive evidence of the matters and things therein recited; and as between such society, the trustees thereof, and all persons claiming under them, and all other persons, it shall be presumptive evidence of such matters. 3821. Term of office and removal of trustees. 6. Such trustees shall severally hold their offices until their successors are duly chosen according to the rules of such society; and any society, by a majority vote, at a meeting of one-third of the resident members thereof (notice being given as aforesaid), may remove such trustees, and elect others in their stead. 3822. By-laws. 7. Such society, or the trustees thereof, when authorized for that purpose, may establish all necessary by-laws to carry out the objects of its organization. 3823. Usage. 8. Any society may select or appoint trustees according to its common usage or custom, if they desire it; but a certificate of such selection or appointment, and the record of the same, as in case of their election, shall not be dispensed with. 1. An answer, that a church society, at the time a debt was contracted, had no trustees acting for it, and had never elected or appointed any, is bad.-- Presbyterian Church v, Horton, 50 Ind. 223. 3824. Trustees, a corporation. 9. Such trustees shall be deemed a body politic and corporate, under such name and style as the society may elect; and, by that name, shall have power to contract, sue, be contracted with, and sued, with like effect as other persons or corporations. 3825. Change of name. 10. Such society may, at any meeting, by giving ten days' notice of the time and purpose thereof, change their corporate name; but the name chosen by such society shall not be assumed until a record has first been made of the fact in the Recorder's office of the proper county. Such change shall not affect the rights or liabilities of the society or of other persons or parties. 3826. Trustees may acquire lands. II. The trustees chosen as herein provided, after record of their election or appointment is made in the Recorder's office of the proper county, shall have power and authority, as such trustees, to receive conveyances of lands, whether the same be by purchase, gift, or otherwise, and to hold the same to their successors, as such trustees, in perpetuity, for the sole and exclusive benefit of such society and for the uses declared in such conveyance or grant. 3827. May acquire personalty. 12. Such trustees and their successors in office may also acquire and possess, for the use of any such society, personal property not exceeding in value the sum of five thousand dollars; and may appropriate the same, and the income or interest thereof, and all other funds and incomes in their hands as such trustees, for the purposes designated by such society, not inconsistent with the trust. 3828. May dispose of property. 13. Such trustees, to more effectually carry out the objects of their trust, may sell, loan, or otherwise dispose of their corporate property; and any conveyance thereof by such trustees, or a majority of them, in behalf of such society, shall vest in the purchaser of the same, all the right, title, and interest thereto; but the provisions of this section shall not be construed to affect any gift, bequest, or devise to |