without any fault on the part of the lot owner, had disregarded, is gooa; Dooley v. Sullivan, 112-452.

While in this state, by this statute, boards of trustees of incorporated towns are given exclusive power over the streets within the corporate limits of their respective towns, and are invested with large discretionary powers in the exercise of the duties thus imposed, there may arise many cases where it becomes the duty of the courts to interfere, by injunction, to prevent them from exceeding their powers or abusing such discretion. Before, however, the courts will, at the suit of an abutting land owner, enjoin municipal authorities in making street improvements at the public expense, at least -it must be shown that there has been a clear invasion of the rights of such complaining land owner. So, it must be shown that unless relief be granted, such land owner will suffer irreparable injury; Marion v. Skillman, 127–138.

3372. Action on report - Appeal. Where the record of a board of trustees shows that a proper petition, praying for the opening of a street, was filed, that commissioners were duly appointed to assess benefits and damages, and that the commisioners made and filed their report with the town clerk; but fails to show that the board accepted the report within twenty days, or that any further action was taken by the trustees in opening the street, it is not competent to prove by parol that the board of trustees accepted the report within the time prescribed, by this section, and that it determined to make the appropriation of the land therein described; Byer v. New Castle, 124-86.

46

7330. Constitution and by-laws - Constabulary 7331. Emergency.

powers.

AN ACT to amend an act entitled an act to amend section 4 of an act entitled an act to authorize the formation of companies for the detection and apprehension of horse thieves and other felons, and for mutual protection, and repealing all laws inconsistent therewith, approved December 21, 1865, being section 3431 of the Revised Statutes of 1881, "approved April 13, 1885," and to define the power of constables in pursuing and arresting horse theives and other criminals. [Approved and in force March 5, 1891; S., 1891, p. 106.

7330. [3431] Constitution and by-laws - Constabulary powers. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That section of the above entitled act be amended to read as follows: Section 1. A majority of the members of such association shall have power to adopt a constitution and by-laws for their government, to designate and appoint a presiding officer and such other officers as they may deem proper, who shall hold their offices for such time, and shall perform the duties required of them by such constitution and by-laws, and such presiding officer is hereby authorized and empowered to administer oaths to members of such association in all matters wherein oaths are necessary to be administered by the rules and by-laws of the association, and such association, with the consent of the board of commissioners of the county in which such articles are recorded, may designate any or all members of the association, who, in pursuit and arrest of horse thieves and other offenders against the criminal laws of the state, shall have all the powers of constables, and such association shall furnish to the board of commissioners a list of the names of members so designated and, if consent is given, the board shall enter upon its record an order reciting the names of such persons and that the consent of the board has been given to such appointments, and the record so made shall authorize and empower the county auditor to issue to each member so designated a certificate of his appointment: Provided, that such constables shall have power to pursue and arrest horse thieves and other criminals against the criminal laws of Indiana, and to follow and pursue such criminals in to and through any part of the state of Indiana; and, in the absence of warrant, shall have power to arrest and hold in custody, without warrant, for such time as may be necessary to procure a warrant.

7331. Emergency. § 2. Whereas, an emergency exists for the immediate taking effect of this act, it shall be in force from and after its passage.

AN ACT to amend sections two and four (sections 3434 and 3436, R. S. 1881) of an act entitled an act for the incorporation of high schools, academies, colleges, universities, theological institutions and missionary boards, approved February 28, 1855, and declaring an emergency. [Approved and in force March 6, 1891; S., 1891, p. 296.

7332. [3434] May hold property — Limitation on user-Income Sale- Investments Reversion. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That section 2 of an act entitled an act for the incorporation of high schools, academies, colleges, universities, theological institutions and missionary boards, approved February 28, 1855, be amended to read as follows: Section 2. When the statement has been filed as aforesaid, the persons subscribing the same and their successors, shall be a body politic and corporate, and shall have power to hold and convey real estate and personal property, for the purposes of their association and for endowments. No property, real or personal, which any university, college or seminary of learning, incorporated under the general laws of the state, may obtain or become the owner of, by gift, devise or grant for the purpose of endowment, shall be used, mortgaged, pledged, or in any other way disposed of by such institution or the trustees, directors, officers, agents or representatives of such institution for current expenses, but the increase, rents, interests, or profits of such property may be used for that purpose. Such university, college, or seminary of learning shall have the right, unless restrained by the terms of the gift, devise, or grant of such property, to change its character by selling real estate and investing the proceeds in mortgages or bonds and by selling mortgages, bonds or other securities or evidences of indebtedness and investing the same in real estate. If any university, college or seminary of learning owning property, real or personal, which it may have obtained by gift, devise or grant for an endowment, shall be abandoned and cease to exist as such university, college or seminary of learning, such property shall revert to the donor or donors or to his, her, or their heirs. [See § 3434a.

7333 [3436] Officers Trustees Directors Treasurer. 2. That section four (4) of said act be amended to read as follows: Section 4. Such corporation shall within thirty days after filing the statement required in aforesaid section, elect a treasurer and, at least, six trustees thereof, for the term of three years. Trustees so elected shall as nearly as practicable be divided by lot into classes, those drawing the first class shall be trustees one year; those of the second class, two years; and those of the third class, three years; or until their successors are chosen and qualified: Provided, that any such corporation may, by a vote of a majority of the board of trustees or directors, or by a vote of the stockholders at any general meeting, if it be a stock corporation, either increase or diminish the number of directors or trustees of such corporation, so that they shall not be less than six, nor more than thirty-five.

7334. Emergency. § 3. It is hereby declared that an emergency exists for the immediate taking effect of this act, and that the same shall take effect and be in force from and after its passage.

AN ACT to provide for the incorporation of boards for the relief of disabled ministers of the gospel, missionaries or their dependents, orphans and other persons, and declaring an emergency. [Approved and in force March 4, 1891; S., 1891, p. 81.

7335. Disabled ministers etc. —Orphans of-Boards of relief. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That any number of persons desiring to establish boards for the relief of orphans, disabled ministers or missionaries, and their widows or dependents, or for such other persons as such boards may see proper to admit, shall first make a statement, which shall be acknowledged by a majority of the subscribers thereof before some officers authorized to take the acknowledgment of deeds, declaring the name and purpose of the institution, the number and names of trustees, who are to act for the first year and until their successors are elected; the manner in which religious bodies or benevolent associations having the control or patronage of the same shall be connected with and exercise control over such institutions; mode and proposed amount of endowment and amount already donated or subscribed; and shall file the same in the office of the recorder of the county in which said institution is proposed to be located and a duplicate thereof with the secretary of state. The relation of such corporation to the religious society having control or patronage of it shall be governed by the rules prescribed in such statement, but they may be altered at any time by agreement between such corporation and such society. The trustees after the first year shall be nominated by the religious body or benevolent association having the control or patronage of said board. And, it shall be the duty of the then trustees to elect such nominees.

7336. Incorporation - Investments - By-laws. § 2. When the statement has been filed, as aforesaid, the persons subscribing the same, and their successors, shall be a body politic and corporate and shall have power to hold and convey real and personal property not exceeding in value one hundred thousand dollars, either within or without this state, for the purposes of their association; and, for the endowment of said association, may receive donations, devises, and bequests, not exceeding one hundred thousand dollars, and dispose of the same for the purposes hereof as said board may deem proper. It shall have the power to invest its funds in stocks, bonds or other securities, to loan its money upon real or personal security, either within or without this state. Said association shall have

the power to establish suitable houses for the purposes hereof, and in that behalf shall have the power to hold such real estate as may be necessary. Said board may receive into any such home any of the classes of persons named in section one of this act. Said board may adopt such by-laws for its government as it may deem proper.

7337. Officers-Trustees, powers of. § 3. The officers of such board shall consist of a president, vice president, secretary and treasurer. The duties of secretary and treasurer may be performed by one person if so desired. Said board shall have the right to employ such other persons as it may deem proper. All the powers of said corporation shall vest in, and be exercised by, a board of trustees, consisting of such number as may be agreed upon in the articles of association; said trustees shall hold their office for the term of five (5) years and until their successors are elected.

7338. Treasurer's bond. § 4. The treasurer of said board shall execute a bond to the state of Indiana for the faithful accounting of all mon

eys which may come into his hands, and for the faithful performance of his duties, the amount thereof to be fixed by the board of trustees.

7339. Prior organizations legalized, when. § 5. Any boards of relief of the kind herein provided for, which have heretofore assumed to act as a corporation under any laws of this state are hereby declared to be legally incorporated, and each and every one of the acts of any such boards are hereby declared legal and effectual upon the filing by any such boards with the secretary of state a resolution, stating the number of trustees to govern said board and the intention of said board to be governed by and exercise the privileges of this act. The religious bodies or benevolent associations having the control or patronage of the same shall, at the first annual meeting hereafter, nominate the number of trustees specified in said resolution, and it shall be the duty of the acting board to elect said nominees. 7340. Emergency. § 6. An emergency exists for the immediate taking effect of this act; the same shall be in force from and after its passage.

AN ACT to provide for the organization of interstate fairs, in the state of Indiana, and declaring an emergency. Approved and in force March 9, 1889; S., 1889, p. 310.

7341. Interstate fairs - Incorporation, articles of — Seal. SEC. I. Be it enacted by the General Assembly of the State of Indiana, That whenever thirty or more persons residents of two or more states of the United states, shall organize themselves into a society for the purpose of locating and conducting a fair in any county of the state of Indiana, they are hereby authorized to organize themselves into a corporation by written articles, to be signed by each person who may be a member at the time of organization, specifying the objects of the same, the corporate name they may adopt, and the names and places of residence of each member or stockholder, with an impression and description of the corporate seal, and in what manner persons shall be appointed or elected to manage the business and prudential concerns of the corporation.

7342. Articles of association-Filing - Record. § 2. Every such association shall file its articles in the recorder's office of the county in which such association may be formed and, upon the expenses of filing and recording being paid, the recorder shall record the same in the miscellaneous book of records in his office, and such record, or a certified copy thereof, shall be conclusive evidence of the matters and things therein recited. A duplicate of this article must be filed with the secretary of state.

7343. Incorporation complete - Powers. § 3. Every such association shall, from the time such record is filed in the proper recorder's office, be deemed and held to be a corporation, and shall have and possess all the rights, powers and privileges given to corporations by common law; to sue and be sued; to borrow money and secure the payment of the same by notes and mortgages, bonds or deeds of trust upon their personal and real property, and rent, lease, purchase, hold, sell and convey such real and per