Imagens das páginas
PDF
ePub

9. Civil courts can only interfere in church controversies when civil rights or the rights of property are involved; and in determining such rights, the courts will accept the decisions of church tribunals as itofinds them, upon ecclesiastical questions.-- White Lick a'. White Lick, 89 Ind. 136.

10. A priest in the Catholic church can not maintain a suit against his bishop for his removal, civil courts not having authority over such matters.- O'Donovan v. Chatard, 97 Ind. 421.

II. A parsonage erected for the use of the pastor of a church is not exempt from taxation.— Trustees v. Ellis, 38 Ind. 3.

12. The secretary of a church corporation may execute a contract for the corporation when authorized so to do, and a corporation may make a valid contract without using a seal, when not expressly required to contract under the seal of the corporation.- Church Trustees v. Johnson, 53 Ind. 273.

13. A valid mortgage on real estate may be executed in the name of a church society, by the president, secretary and members of its board of trustees, to secure an indebtedness due from such church, evidenced by a promissory note, executed in like manner, and in an action to foreclose such a mortgage, brought against the board of trustees of such church, it is presumed that the corporate name of such church is the one in which the mortgage was executed. It is no defense in such action to allege that the board of trustees who executed the mortgage had no title to the premises mortgaged.— Church Trustees v. Shulze, 61 Ind. 511.

14. A promissory note in the form “ we promise to pay,” etc., executed by the makers in their individual names, with the addition of the words "Trustees of the," etc., "church," is the note of the makers individually, and can not be varied by a defense involving parol evidence, shifting the liability to the makers as church trustees.- Hayes v. Brubaker, 65 Ind. 27; Hays v. Crutcher, 54 id. 260, and Hayes v. Matthews, 63 id. 412.

15. Where a note and mortgage are executed by several persons, without anything to show that they are acting as trustees or agents, or in any official or representative character, such note and mortgage are the obligations of the several makers; but where it is alleged in a complaint thereon that a church organization, which is made a defendant, being in debt and having an unfinished building, applied to the plaintiff through such persons, as its trustees and agents, for a loan, that the loan was made to and the money received by the church and applied to the payment of its debts and the completion of its building, and that the sum loaned' is due and unpaid, a cause of action is stated against the church. - Second Baptist Church v. Furber, 109 Ind. 492.

CHAPTER 30.
CORPORATIONS-GRAVEL AND OTHER ROADS.

SEC.

ART.

ART. I. Incorporation and consolidation.

4. Partial revival of assessments. 2. Franchises and extensions.

5. Conversion into free roads. 3. Abandonment - Change - Forfeiture.

ARTICLE I- - INCORPORATION AND CONSOLIDATION. SEC. 3624. How formed.

3644. Defrauding company. 3625. Election of directors.

3645. Embezzlement by employes, 3626. Companies may change time of elec- 3646. Sales on execution. tion.

3647. Power to hold lands. 3627. Character of roadway.

3648. Power to borrow money. 3628. Location.

3649. Power to sell bonds. 3629. Releases and conveyances.

3650. Companies may adopt act. 3630. Entries upon land - Power to take ma- 3651. Act inay be altered or repealed. terial.

3652. Liability of directors. 3631. Appropriation - Proceedings.

3653. Directors as creditors. 3632. Appropriations for ditching and ma- 3654. Director may purchase on execution. terial - Appeal.

3655. Recorder's certifcate as evidence. 3633. Notice - Guardian ad litem - Costs. 3656. May establish ferries - Tolls. 3634. Appeals - Proceedings.

3657. Bridge toll. 3635. Quo warranto, when out of repair. 3658. Incorporation to purchase road. 3636. Payment for stock, how enforced. 3659. Purchasers, upon foreclosure, may in 3637. Shares transferable - Increase of stock.

corporate. 3638. Annual statement.

3660. How to organize. 3639. Penalty.

3661. Corporations legalized. 3640. Toll gates - Rates of toll.

3662. Consolidation. 3641 Failure to construct.

3663. Name

Powers. 3642. Vacancies -- By-laws — Tolls.

3663a. Connecting roads at State line. 3643 Penalty for detaining.

(1859, p. 154. In force March 5, 1859.) 3624. How formed. 1, Any number of persons may form themselves into a corporation for the purpose of constructing or owning plank, macadamized, gravel, clay, and dirt roads, by complying with the following requirements: They shall unite in articles of association, setting forth the name which they assume, the line of the route, and the place to and from which it is proposed to construct the road, 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 amounts to the sum of five hundred dollars per mile of the pro· posed road, copies of the articles of association shall be filed in the office of the Recorder of each county through which the road is to pass, and it shall, from that time, be a corporation known by the name assumed in its articles of association.

1. An Act of 1853 (p. 98) legalizes plank-road companies whose articles were filed prior to March 1, 1853, in the Auditor's office; and another Act of 1853 (p. 100) prevents a forfeiture of the charters of turnpike, plank, gravel, or macadamized road companies whose roads were not completed on March 1, 1853.

2. Oral testimony may be given as to what was done to organize a gravel-road com. pany, but not to prove the contents of the articles of association.—Miller v. Gravel R Co., 52 Ind. 51.

[1 R. S. 1852, p. 394. In force May 6, 1853.] 3625. Election of directors. 2. Not less than three 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. Notice of the first election for directors shall be given by two weekly publications in some newspaper printed on or near the route of the road.

[1865 S., p. 131, In force April 13, 1866.] 3626. Companies may change time of election. 1. The directors of any turnpike company constructed under any Act of incorporation heretofore granted may change the time of holding the annual election of directors for the road of which they are directors, from the time prescribed in the Act of incorporation, and fix such time and place of holding said election as a majority of the board shall determine.

[1 R. S. 1852, p. 394. In force May 6, 1853.] 3627. Character of roadway. 3. The directors may determine the particular manner of construction so as to secure and maintain a smooth and permanent road, the track of which shall be made either of plank, stone, gravel, or other hard material, or in such proportions of either as the directors may deem expedient, so that the same shall form a hard and even surface.

1. Provision for the change of the track and route of gravel road companies incorporated before June 9, 1852, will be found in Acts of 1852 (S., p. 137).

3628. Location. 4. The directors of said company shall proceed to locate and lay out said road, and may locate the same over and upon any State or county road, or other public highway, with the consent of the Board of County Commissioners of the county, entered of record and granted upon such conditions as to such board may seem just and reasonable; and thereupon such State or county road or other public highway, or such portions thereof as may be so occupied or appropriated by said company, shall be and become the property of said company for the purpose of making and maintaining said road and the toll gates and toll houses thereon: Provided, That before the Board of County Commissioners of the county in which such road is proposed to be located shall give its consent to such location, five resident freeholders living along or within one mile of said road may file a remonstrance against said proposed location of said road and have a hearing thereon before said board at the time said location is requested by said directors to be made. Said application for the location of said road upon any county or State road shall be made at the regular terms of the Board of County Commissioners, and only after fifteen days' notice prior to said term being given, by posting up five notices describing the line of said proposed road and the time when such application will be made, one of which notices shall be posted at the court house door and four along the line of said proposed road, and an affidavit shall be made as to the posting of said notices. The board of directors of said proposed road or the remonstrators may appeal from the decisions of the Board of Commissioners to the Circuit Court of such county upon filing a bond, with surety to be approved by the Auditor of such county, conditioned for the due prosecution of such appeal and the payment of costs, if the same be adjudged against them. As amended by act approved April 11, 1885; S., p. 180.

3629. Releases and conveyances. 5. Any such company may take releases and conveyances of the necessary lands of any and all persons over whose lands the road may be located; and any such releases or conveyances may be made and executed by any infant, feme covert, guardian, executor, or administrator; and they shall be valid and effectual in law, by obtaining the consent of the proper Probate Court thereto.

3630. Entries upon land - Power to take material. 6. For the purpose of constructing and locating said road, it shall be lawful for such company, by their agents or persons in their employ, to enter upon lands to make surveys or estimates, and to take from the land occupied by said road, any stone, gravel, timber, or other material necessary to construct said road and the bridges thereon.

3631. Appropriation - Proceedings. 7. In all cases where any person through whose land said road shall run shall refuse to relinquish the same, or where a contract between the parties can not be made for the land, it shall be lawful for such company to give notice to some Justice of the Peace in the county where such difficulty may occur and that such facts do exist; and such Justice shall thereupon summon the owner of such land to appear before him on a particular day, within ten days thereafter (in case of infants and insane persons, if there be a guardian resident of the county where the land is situated, he have at least ten days' notice of the time and place of trial; and when there is no guardian, notice shall be posted up in three of the most public places in the township where the land is situated, at least three weeks prior to the day of trial; and in case of non-residents, the same notice shall be given as is required in the case of infants having no guardian), and shall also cause to be summoned three disinterested persons and cause them to come before him, who, after being legally sworn as jurors, faithfully and impartially to assess the damages, if any, shall proceed to hear the testimony and view the land, and after having taken into consideration the disadvantages the road may be to the same, report thereon, in writing, whether such person is entitled to damages or not, and, if so, how much; which report shall be filed with such Justice, who shall enter judgment thereon, unless, for good cause shown; and in case either party show good cause why judgment should not be entered, the Justice may grant a review of the same, either with or without costs: Provided, That either party may, at their option, appeal the same to the Circuit Court of the proper county as in other cases, and such Court shall appoint viewers as above directed, who may report to that or the succeeding term, in the discretion of the Court; and the judgment of the Circuit Court shall be final between the parties.

1. Judgment for condemnation of land for the use of a turnpike company must describe the land condemned, so that it may be identified without parol evidence.Rising Sun, etc., Co. v. Hamilton, 50 Ind. 580.

(1869 S., p. 73. In force May 14, 1869.] 3632. Appropriations for ditching and material - Appeal. 20. Any such company, heretofore organized or hereafter to be organized, shall have the right to enter upon the lands adjacent to the road, and to construct ditches and drains for the purpose of draining said road, doing no unnecessary damage, and shall have the right to appropriate any earth, timber, gravel, or stone belonging to any person, for the construction and keeping in repair of such roads, by giving the owner thereof five days' notice of its intention so to do; when it shall be the duty of said company to select a disinterested appraiser and the owner a second appraiser, who shall, under oath, appraise the same, and should they fail to agree, they shall select an umpire; and when such appraisement is made, said company, upon tendering the appraised value thereof to the owner, may at once enter upon the lands and proceed to remove the said material. And should such owner fail or refuse to select an appraiser, as above provided, the said company may select both; and if said owner is not satisfied with such appraisement, he may appeal therefrom to the Circuit Court: Provideid, however, That such appeal shall not prevent the company from removing and making use of said material.

(1 R. S. 1852, p. 394. In force May 6, 1853.] 3633. Notice Guardian ad litem Costs. 8. In all cases where the owner is a minor or insane person, or shall reside out of the county where such land may be, such Justice shall cause three notices to be stuck up of the time and place of appointing viewers ; and if no persons appear

he may adjourn the trial for two weeks, at the end of which time he shall appoint a guardian ad litem or committee, to act for such minor or insane person, as the case may require, in the suit aforesaid; but such appointment need not be made if the guardian-at-law or the committee of the estate appear to defend; and he shall proceed as in other cases, and, on judgment rendered, and the corporation complying therewith by the payment of costs and damages against it, the corporation shall be seized of the lands. Costs shall be awarded or allowed against either party, at the discretion of the jury.

3634. Appeals - Proceedings. 9. On cases of any appeal from the judgment of any Justice of the Peace upon any report of any jury for the appraised amount of damages touching the right-of-way, or for lands taken for the purpose of constructing thereon the road of such company, as provided in this Act, such appeal shall not prevent such company from proceeding in the construction of its road over such lands, nor deprive it of its right of entry thereon for that purpose, which right is hereby expressly granted: Provided, That before such company shall so enter and construct its road, it shall either tender to the owner of said lands the full amount of damages which shall have been adjudged to him or her, or shall pay the same into the Court to which such appeal may be taken, subject to the order of said Court; and every such appeal shall be taken in twenty days from the rendition of said judgment, and not afterward; and the acceptance of the amount of the judgment, when tendered, shall, in all cases, be taken to be a waiver of the right to appeal; and a certified copy of the transcript of the judgment of the said Justice of the Peace, or the Court to which such appeal shall be taken, may be taken by the company, and caused to be recorded in the Recorder's office of the county where said lands are situate; and such record shall be notice to all the world of the right of the company. And if, in case of any appeal, judgment shall be recovered against such company for a larger amount than was recovered before said Justice, then such company shall, within sixty days from the date of said judgment, pay the difference between the amount of the judgment before the Justice and that before the said Court, in case the amount of the judgment before the Justice shall have been previously paid into Court; and, if not, the whole amount of said judgment in the appellate Court shall be paid to the owner of said land within the same time, or, in default thereof, execution may be issued therefor. And in case it shall, at any time, be found that the said company is, or shall be in possession of land, the title to which has not been made perfect in such company, it may obtain title to the same by appraisal of judgment and the payment thereof, as in other cases provided for in this Act.

3635. Quo warranto, when out of repair. 10. If any such road, after its completion, or any part thereof, shall be suffered to be out of repair so as to be impassable for the space of one year, unless when the same is repairing, said company shall be liable to be proceeded against by quo warranto; and if such company shall suffer the road to be out of repair to the hindrance or delay of travelers for any unreasonable length of time, it shall have no right to collect tolls thereon until the same is repaired. 3636. Payment for stock, how enforced.

11. 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

« AnteriorContinuar »