5. A foreign corporation acquiring land under foreclosure. Its title can not be questioned on the ground that the corporation has not filed a power of attorney under this section. That fact is available only by answer in abatement.-Elston v. Piggott, 94-15.

3022-3. Agent - Consent to suit here. These sections have relation to foreign corporations in general. They do not apply to such corporations- as an insurance company-which is, by law, under special regulations. Wherefore, where an action was brought in this state, by residents of Indiana, against an insurance company having its habitat in the state of Illinois, for an alleged violation of a contract of employment, by the terms of which the plaintiffs were to act as agents of the company made defendant, within territory designated, for a period stated, it was held (1) that service of process on the auditor of state was properly set aside by the trial court; and (2) the contract in controversy has no connection with the business of insurance, as such.-Rehm v. Germ. Ins. etc. Co., 125-136.

3023. Consent to be sued here. Failure of a foreign manufacturing company to comply with this statute will not bar- but will abate-its action.-Walter A. W. etc. Co. v. Caldwell, 54-270; Daly v. Nat. L. Ins. Co., 64-1; Singer M. Co. v. Brown, 64-548 (see, also, note to section 3025).

2. In an action by a foreign corporation, on a contract made with it. An answer, under oath, that "the plaintiff has not complied with the provision of an act of the general assembly," respecting foreign corporations, lacks the precision and certainty required in a plea in abatement and, stating conclusions only and not facts, is insufficient to bar the action.-Singer M. Co. v. Effinger, 79-265.

3024. Service on agent good. A verified answer that defendant is a corporation, created by the laws of another state; that the person on whom process was served was its agent in the county only where the action was commenced and that the contract sued on was made out of the state and was not connected with the business of his office is sufficient, on demurrer, to abate the action, for the want of jurisdiction of the person of defendant.-Etna Ins. Co. v. Black, 80-517.

3025. Pre-requisite to business. Answer in action by a foreign corporation, alleging non compliance with the statute is not in bar-but only in abatement.Amer. Ins. Co. v. Wellman, 69-413; Behrer v. Germ. Ins. Co., 68-347; Daly v. Nat. Ins. Co., 64-1; Amer. Ins. Co. v. Pettijohn, 62–382; W. A. W. M. etc. Co. v. Caldwell, 54-270 (see, also, note I to sect. 3023).

3029-30. Forfeiture. These sections are without force in cases where, at the time of the enactment, a foreign corporation had a suit rightfully pending in a federal court.- -Elston v. Piggott, 94-22.

3059. Pay of members.

3072. Assessor's duties.

3073. Civil engineer's duties.

3074. Street commissioner's duties.
3075. Marshal's duties and powers.

3076. Has constables' powers.

3077. Same fees as constables.

3078. City attorney's duties and fees.

3079. Treasurer's duties.

3080. Duties of treasurer and clerk.
3080a. Orders-Duty of treasurer.

3080b. Treasurer to give notice.

3081. Treasurer's duties-Interest.
3082. Interest-Orders receivable.

3083. Treasurer's statements and liability. 3084. Treasurer's assessments.

3085. Collecting delinquent taxes.

3086. Lien of taxes.

3087. Collecting taxes.

3088. Sale of land for taxes.

3089. Notice of sale of chattels.

3090. Chattels at auction.

3091. Land, how sold.

3092. Return of land sold--Redemption. 3093. Annual settlement.

3094. Fees on forfeited lands.

3060. President of board, when acting- 3095. Oath-Bonds. mayor.

3031. Petition Order for census. 1. Whenever one third of the voters of any incorporated town, so far as the number can be estimated, shall petition the Board of Trustees thereof or Common Council of any incorporated city to be incorporated as a city under this Act, such Board of Trustees or Common Council, by an order or resolution to that effect entered on their orderbook shall direct the Marshal or other officer thereof by a proper warrant, furnishing him with the necessary forms, to take the census of all persons who were residents within the corporate limits of such city of town at least forty days anterior to the date of such order: Provided, however, That if it shall appear to said Board of Trustees or Common Council, by the last census of this State or of the United States or by any enumeration made by the order of the Board of Trustees or Common Council of said city or town within two years from the date of the receipt of such petition, that said town or city had two thousand five hundred inhabitants.

said Board of Trustees or Common Council shall be at liberty to proceed in all respects as though the said census had been taken in the manner provided by this Act.

1. A city in this State (the contrary not appearing) will be presumed to be incorporated under the general law.-Logansport v. Wright, 25 Ind. 512; Brazil v. McBride, 69 id. 244.

2. The name of a city under the general law may be presumed to be the old name; but this is not judicially known.-Johnson v. Indianapolis, 16 Ind. 227.

3. A municipal corporation, being sovereign in its nature for the purposes of its creation, is not liable to be sued, either for failure to exercise its legislative or judicial powers, or for errors in its exercise thereof Brinkmeyer v. Evansville, 29 Ind. 187. [1867, p. 33. In force March 14, 1867.]

3032. Marshal's assistants— Return. 2. Such Marshal or other officer, with the concurrence of such Board or Council, may appoint assistants, and shall, within sixty days from the time of receiving such warrant, make full returns, under oath, to said Board or Council, of the resident population in such town or city as aforesaid.

[1875, p. 30. In force August 24, 1875.]

3033. Notice of election. 3. If the return shall show a population of two thousand persons or more, the Trustees or Common Council, within ten days thereafter, shall publish a notice to the voters of such town or city, as in other corporations, stating that on a day, at a place named, a poll will be opened to determine whether such town or city shall be incorporated as a city.

[1867, p. 33. In force March 14. 1867.]

4.

3034. Election board. The Trustees or Common Council shall appoint three reputable voters in each ward, one to act as inspector and two as judges of elections therein; and the persons thus appointed shall choose a clerk of such election. Such Trustees or Council shall also procure and deliver to such inspector, at least one day prior to such election, a ballot-box, which shall thereafter be retained for the use of such ward. If such inspector or judges, or either of them, or the clerk, after appointment and acceptance thereof, neglect or refuse to serve, such inspector or clerk shall forfeit and pay for the use of such city any sum not exceeding forty dollars, which shall be recoverable in an action at law; and the electors, being met on the day appointed, may choose, by voice, such inspector or judges as may be necessary to organize the Board; and the inspector or judges so chosen may select the clerk.

1. The inspectors of an election are officers under this section. Their duties, as such, are ministerial, not judicial. Mandate will lie, to compel them to issue certificates of election. Kisler v. Cameron, 39 Ind. 488.

3035. Manner and return of election. 5. Such election shall be governed by the same rules as other corporation elections. And the bal lots of the voters shall have thereon the word "yes" or the word "no"; and if a majority of the ballots given at such election have thereon the word "no," the voters of such town or city shall be deemed not to have consented to its incorporation as a city, and no further proceedings shall be had in relation thereto, but if a majority of such ballots shall have thereon the word "yes," the inspector shall make a statement showing the number of votes given having the word "yes" and the number having the word "no" thereon; and such statement shall have attached thereto the

affidavit of such Trustees or of the Mayor of such city, verifying the truth of the same, and, within five days after such election, shall be filed in the office of the Clerk of the Circuit Court of the proper county. The Clerk shall make a record thereof, for which he shall receive the same fees as are paid him for like services in other cases.

3036. Town becomes city-Record conclusive. 6. Such town shall thereafter be deemed an incorporated city, with the powers and franchises appertaining thereto; and the record in the office of the Clerk, as aforesaid, shall be held in all Courts as conclusive evidence of such incorporation in any suit pending therein. But nothing in this Act contained. shall preclude any person interested from showing that a majority of the legal voters of any such town or city had not agreed to such change.

3037. Notice of election. 7. The Trustees or Common Council of such town or city shall, within five days after the filing of such statement, divide the city into not less than three wards; but no ward shall contain less than three hundred inhabitants; and they shall also, within the time aforesaid, cause to be given to the voters thereof ten days' notice, by publication in one or more newspapers printed in such city, or county in which the same is situated, and by posting copies of the same in three public places in each ward, that an election will be held in each of the several wards, on a day and at the places therein named, for the election of the city officers specified in such notice.

1. The Courts will not take judicial notice of the number of wards or of Councilmen in a city.—Baker v. Tobin, 40 Ind. 310.

[1881 S., p. 113. In force April 14, 1881.]

3038. New wards, how created. 79. Whenever a petition, signed by thirty or more resident freeholders of the wards to be affected, as hereinafter provided, is presented to the Common Council, praying for the creation of a new ward or wards, to be formed from added territory or by the consolidation of existing wards, and have attached thereunto a roll containing an enumeration of the inhabitants thereof, verified by affidavit, such Council, if they find that the proposed ward or wards have the requisite population and that the petition is genuine, shall submit the question to the voters of the city, at the next annual city election, by publishing the proposition in the general notice of elections; and the question shall be decided by ballot―yes or no-as is provided in section five of this Act [$ 3035] in relation to the incorporation of cities.

[1867, p. 33. In force March 14, 1867.]

3039. Old cities may adopt this Act. 8o. Any city heretofore incorporated under a law of this State may, by a resolution of the Common Council, adopted by a majority vote thereof and entered upon their recordbook, become a municipal corporation under this Act. The same shall be deemed a surrender of the charter of such city, with all the rights and franchises therein contained; and no such city shall be entitled to any provision of this Act without adopting the whole Act.

3040. Acquired rights-Interest on orders. 81. No rights acquired or liabilities incurred in favor of or against the city, and no suit or prosecution of any kind pending, shall be affected by the surrender thereof, as provided in the preceding section, but the same shall remain and be in progress as if no change had been made; and all property, real and per

sonal, of any kind whatever, belonging to any town or city before its acceptance of this Act, shall be and remain the property of such city from and after its adoption of this Act. Cities shall, in all cases, be liable to pay interest on their orders or other liabilities payable on demand from and after such demand, which shall be indorsed on the same by the Treasurer when presented.

3041. Old officers and ordinances. 87. Officers of any city coming under this Act shall remain and continue in their respective offices subject to the provisions of this Act, and perform the duties herein required, until the expiration of the term for which they were elected, and until their successors are chosen and qualified, under the oaths of office already taken and under the official bonds already filed: Provided, That this section shall not extend to any office or officer not recognized by this Act. All by-laws, ordinances, and regulations, not inconsistent with this Act, shall remain and continue in full force until altered or repealed by the Common Council of such city.

3042. Duties of Common Council in towns. 90. In those incorporated towns, which have a Common Council instead of a Board of Trustees in their organization, the duties of this Act required to be performed by the Board of Trustees shall be performed by the Common Council: Provided, That this Act shall be in force from and after its passage in all the cities which previous thereto have been organized and acting under the several Acts hereby repealed, without any further acceptance or proceedings on the part of any such city.

[1899 S., p. 562. Approved March 6, 1899,]

3042a. City attorney and engineer - Removal of. 1. That the various City Attorneys and City Civil Engineers, elected by the Common Council of the various Cities of the State of Indiana, where the population of such City does not exceed Thirty-Five Thousand, as shown by the last preceding census, shall not be removed from Office for the term for which they are, or were, elected, excepting for

cause.

[1877 S., p. 12. In force March 6, 1877.]

3043. City officers, 8. The officers of such eity shall consist of a Mayor, two Councilmen from each ward, a City Clerk, Treasurer, Civil Engineer, Street Commissioner, Chief of the Fire Department, Health Officer, Marshal, and (if the Common Council deem it expedient) a City Attorney and a City Judge. The City Attorney, the Street Commissioner, the Civil Engineer, the Chief Engineer of the Fire Department and the Health Officer shall be appointed by the Common Council: Provided, That the Common Council may dispense with the Street Commissioner and require the Marshal to perform his duties. All such officers shall hold their respective offices