sessment rates, provided for in whatever plan of business it has adopted are not lower than is indicated as necessary by the following mortality table:

And provided further, That before any such fraternal beneficiary association shall be authorized to do business in this State it shall file with the Auditor of State a duly certified copy of its constitution or by-laws, certified to under oath by its secretary or similar officer and its chief executive officer, together with the appointment of the Auditor of State as a person upon whom all legal process may be served as hereinafter provided; and it must also be shown that the said association is duly authorized to do business within the State, Territory or province in which it is incorporated or organized, provided the laws of such State, Territory or province provide for such organization; but in case the laws of such State, Territory or province do not provide for any such formal authorization for such association to do business, then such association shall be shown to be conducting its business in accordance with the provisions of this act; and to satisfy himself that such is the fact, the Auditor of State may personally, or by some person designated by him, examine into the condition, affairs, character and business methods, accounts, books and investments of such association at its home office, which examination shall be at the expense of such association; but such expense shall not exceed ten dollars per diem in addition to the reasonable traveling expenses of the person making such examination: Provided, That the Auditor of State may ac cept the examination made by the insurance department of the State, Territory or province in which the home office of said association is located. Every provision of this section shall be considered a condition precedent for such association doing business, within this Stete.

3850d. Annual reports. 4. Every such association doing business within this State, shall, on or before the first day of March of each year, make and file with the Auditor of State, of this State, a report of its affairs and operations

during the year ending on the thirty-first day of December immediately preceding, together with a certified copy of its laws, rules and regulations: Provided, That no such association organized under the laws of this State prior to the passage of this act shall be required to make such report until it is two years old. If such association is found, upon examination of its report and laws, to be doing business in accordance with the provisions of this act, the Auditor of State shall issue it a license to do business within this State for one year, for which he shall charge a fee of five dollars (5). Such annual reports, which shall be in lieu of all other reports required by the Auditor of State, shall be made on blank forms provided by the Auditor of State or may be printed in pamphlet form and shall be verified under oath by the duly authorized officers of such association. This report or the substance thereof shall be published in the annual report of the Auditor of State in a part to be entitled “Fraternal Beneficiary Associations," and shall contain answers to the following questions, and any other information the Auditor of State may require:

First. Number of certificates issled during the year, or number of members admitted.

Second. Amount of indemnity effected thereby.

Third. Number of losses or benefit liabilities incurred.

Fourth. Number of losses or benefit liabilities paid.

Fifth. The amount received from each assessment during the year. Sixth. Total amount paid members, beneficiaries, legal representatives or heirs. Seventh. Number and kind of claims for which assessments have been made. Eighth. Number and kind of claims compromised or resisted, and brief statement of reasons.

Ninth. Does the association charge annual or other periodical dues or admission fees?

Tenth. How much on each one thousand dollars, annually or per capita as the case may be?

of.

Eleventh. Total amount received, from what source, and the disposition there

Twelfth. Total amount of salaries paid to officers.

Thirteenth. Does the association guarantee, in its certificates, fixed amounts to be paid, regardless of amounts realized from assessments, dues, admission fees and donations?

Fourteenth. If so, state amount guaranteed, and the security for such guar

anty.

Fifteenth. Has the association a reserve fund?

Sixteenth. If so, how is it created, what is its purpose, its amount, and how is it invested?

Seventeenth. Has the association more than one class?

Eighteenth. If so, how many and the amount of indemnity in each?

Nineteenth. Number of members in each class.

Twentieth. If it is a voluntary association, so state and give date of its organization.

Twenty-first. If organized under the laws of this State, under what law and at what time, giving year and date of the approval of the act.

Twenty-second. If organized under the laws of any other State, Territory or province, state such fact and the date of organization, with complete reference and designation of the law or laws under which organized.

Twenty-third. Number of certificates of beneficiary membership lapsed during the year.

Twenty-Fourth. Number in force at the beginning and end of the year; if more than one class, the number in each class.

Twenty-fifth. Names and addresses of its president, secretary and treasurer or corresponding oflicers.

The Auditor of State is authorized and empowered to address any additional inquiries to any such association in relation to its business or conditions, or any other matter connected with its transactions relative to the business contemplated by this act, and such officers of such associations as the Auditor of State may require shall promptly reply in writing, under oath, to all such inquiries.

3850e. Foreign associations, process against. 5. Every such association now doing or hereafter admitted to do business within this State, and not having its principal office within this State, and not being organized under the laws of this State, shall appoint in writing the Auditor of State and his suc cessors in office to be its true and lawful attorney, upon whom all legal process in any action or proceeding against it must be served, and in such writing shall agree that any lawful process against it which is served on said Auditor of State shall be of the same legal force and validity as if served upon said association, and that the authority shall remain in force so long as any liability against such association remains outstanding within this State. Copies of such certificate, certified by said Auditor of State, shall be deemed sufficient evidence thereof, and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. Service upon such Auditor of State shall be deemed sufficient service upon such association, provided that such process shall not be returnable until thirty days after such service. When legal process against any such association is served upon the said Auditor of State, he shall immediately notify the association of such service by letter, prepaid and directed to its secretary or corresponding officer, and shall within two days after such service forward in the same manner a copy of the process served upon him to such officer. The plaintiff in the action upon which such process was issued shall pay to the Auditor of State at the time of such service a fee of three dollars ($3), which shall be recovered by said plaintiff as a part of his taxable costs, if he prevail in his said action. The Auditor of State shall keep a record of all processes served upon him, which record shall show the day and hour when such service was made and when the notice hereinbefore provided for was given to the officers of such association. In all suits in this State against any such association organized under the laws of this State, and having its principal office in this State, service shall be had only upon the chief executive officer or the Secretary or corresponding officer of such association.

3850f. Permit and fee. 6. The Auditor of State, upon the application of any fraternal beneficiary association having the right to do business within this State, as provided for in this act, shall issue to such association a permit in writing authorizing such association to do business within this State for one year from the date thereof, for which permit or certificate and all proceedings in connection therewith such association shall pay to the Auditor of State a fee of five dollars ($5).

3850g. Books and accounts, examination. 7. The Auditor of State, at the request of any such fraternal beneficiary association doing business under the provisions of this act in this State, shall make an examination of the books and accounts of such association, and shall furnish a certificate of the results of such examination, showing all of such association's assets and how invested, the condition of its business, its methods and such other particulars as may be deemed necessary to show the character and condition of the financial affairs of such association; and such association shall at all times be subject to such examination without any request being made by them. The necessary ex pense of this examination shall be paid by such association, but it shall not exceed $10 a day and the necessary traveling expenses of the person making the examination.

3850h. Manner of incorporating. 8. Any number of persons, citizens of the United States, not less than seven, five of whom shall also be citizens

of the State of Indiana, hereafter desiring to form a fraternal beneficiary associa tion, may associate themselves together and effect such organization in the manner provided in this section, and not otherwise. Articles of association shall be prepared in triplicate in the manner hereinafter provided and submitted to the Auditor of State for his approval, together with the proposed literature, by-laws, rules and regulations governing such association and the proposed table of mortuary assessments rates under whatever plan of business it may have adopted, and that such rates are not lower than is indicated by the mortality table provided in amended Section 3 of the above entitled act, and they shall not be approved by the said Auditor if it shall appear that the name selected is the same, or so near the same, as that of any other association or corporation then doing business within this State as to cause confusion in the minds of the people or to interfere with the rights of such existing association or corporation, or that the objects of the association are not in accordance with the provisions of this act, or of any other law or laws of this State applicable to such associations, or that the said articles of association do not conform to the provisions of this act in every particular; but in case none of these objections are found to exist, the said Auditor of State shall endorse on the back of each copy of said articles of association the fact that he has approved them, together with the date of such action, all of which shall be signed by him with his official title: Provided, however, That before the said Auditor of State shall approve any such articles of association it shall be shown to him by the sworn statement of one or more of the proposed incorporators that at least three hundred persons have signed, in gool faith, applications for beneficiary membership in such proposed association and paid to the proper one of such proposed incorporators the amount of one death or mortuary collection, by whatever name it may be called, and that such money is deposited with some bank or trust company and held for the special purpose named. For this examination and approval of the articles of association herein mentioned, the Auditor of State shall collect a fee of five ($5) dollars. One copy of such articles of association, approved as hereinbefore provided, shall be filed with the Secretary of State, whereupon the said Secretary of State shall issue his certificate of incorporation and permanently attach the same by the seal of the State to another copy of the said articles of association, approved as hereinbefore provided, which copy shall be delivered to the incorporators of such association. The third approved copy of such articles of association shall be filed with the Auditor of State. The articles of association hereinbefore mentioned shall be substantially in the following form:

First. The preamble shall name the incorporators and give the residence of each and the fact of their citizenship as herein required, and express their desire to incorporate a fraternal beneficiary association in accordance with and under the provisions of this act (designating this act so as to positively identify it). Second. Article 1 shall give the name of the association.

Third. Article 2 shall state the location of the principal office of the association.

Fourth. Article 3 shall state the objects of the association and the plans by which these objects are to be carried out, including the extreme limit of the age of persons to whom benefit certificates may be issued, which limit of age shall not exceed fifty-five (55) years, and it shall also state the fact that all beneficiary members will be required to pass a medical examination such as is usually required by fraternal beneficiary associations.

Fifth. Article 4 shall state the names of the persons selected to manage the business or prudential affairs of the association for the first term, for which such persons are to be elected, and the manner of electing their successors, the title of

all officers and the names of such officers with their residences, if they have been selected.

Sixth. Article 5 shall contain a description of the corporate seal adopted by such association, together with an impress of the same. These articles of associa

tion shall be signed and acknowledged by each of the incorporators.

38501. May reincorporate. 9. Any such fraternal beneficiary association that is now doing business in this State as a corporation de jure or a corporation de facto, by virtue of any law of this State authorizing the incorporation of such associations, may reincorporate under the provisions of this act and receive from the Secretary of State a certificate of reincorporation, which certificate shall also state the date of the original incorporation. Any such association desiring to reincorporate under this act, shall, by its supreme governing body, council, executive committee or other body or committee having power to change its laws, adopt a resolution embodying new articles of association prepared to conform to section seven [eight] of this act, which resolution must be copied in triplicate, signed by the executive officer of the body adopting it, or by the chief executive officer of the association; and its correctness and the fact that it was adopted in accordance with the provisions of this section must be certified to under oath by the secretary or similar officer of such association. The aforesaid triplicate copies of such resolution shall then be submitted to the Auditor of State for his approval, the same as if they were original articles of association, as provided in section seven [eight] of this act, and one copy shall be filed with the said Auditor of State and one copy with the Secretary of State in the manner provided in section seven of this act for the incorporation of new associations; and when this is done, the Secretary of State shall issue, in the manner provided in section seven of this act, his certificate of reincorporation; and thereafter such association shall be deemed to be reincorporated under the provisions of this act.

3850j. Rights and powers of association.

10. Every such frater

nal beneficiary association, from the time it files a copy of its articles of association for record in the office of the Auditor of State and files a copy of the said articles of association with the Secretary of State and receives his certificate of incorporation, as provided either in section seven [eight] or in section eight [nine] of this act, shall be deemed and held to be a corporation or body politic in perpetuity, and shall have and possess all the rights, powers and privileges given to corporations by common law; it may sue and be sued in any court of proper jurisdiction; it may borrow money and secure the payment of the same by notes and mortgages, bonds or deeds of trust upon its personal or real property; it may rent, lease, purchase, hold, sell and convey such real and personal property as may be necessary and proper for the purpose of erecting buildings for the use of such association and for other proper objects of such association, or which may be taken for debts due such association; and it may in general do all things not prohibited by law that are necessary and proper for the economical and proper conduct of its business.

3850k. Paid agents. 11. Such associations shall not employ paid agents in soliciting or procuring members, except in the organization or building up of subordinate bodies or granting members inducements to procure new members.