other negotiable or commercial paper, falling due or maturing on either of said holidays, shall be deemed as having matured on the day previous, and when any of said holidays come on Monday, all bills of exchange, bank checks, promissory notes or other negotiable or commercial paper maturing thereon shall be deemed as having matured on Saturday previous, and when the legal holiday comes on Sunday the day following shall be the holiday. 8329. Emergency. § 2. Whereas, an emergency exists for the immediate taking effect of this act, it shall take effect and be in force from and after its passage. 66 NOTES TO CHAPTER 89. NOTES AND BILLS. 5501. All written promises negotiable by indorsement. Though there may be some formal imperfections in a writing obligatory or contract, which parties have entered into, if such writing contain matter sufficient to enable the court to ascertain the terms and conditions of the obligation or contract, to which the parties intended to bind themselves, it is sufficient. An action was founded on a writing, as follows: *$147.70. Indianapolis, Ind., Nov. 28th, 1883. Four months after date I promise to pay to the order of the Michigan Mutual Life Insurance Company dollarsand five per cent. attorney fees thereon, per annum from date until paid, value received, without relief from valuation or appraisement laws of the state of Indiana. The indorsers jointly and severally waive presentment for payment, protest and notice of protest and non payment of this note, and expressly agree, jointly and severally, that the holder may renew or extend the time of payment hereof, from time to time, and receive interest in advance or otherwise from either of the makers or indorsers for any extension so made, without releasing them hereon. Negotiable and payable at J. B. Witty. Mar. 28, 31, '84, Indiana." This is an enforceable obligation. If not otherwise then by virtue of this section and it is negotiable by indorsement. For, if an obligation be found where there is a promise to pay dollars," but the number of dollars in the body of the instrument is blank and the margin of the instrument contains a superscription which states the number of dollars, the figures found in the margin shall be taken as the amount which the obligor intended to bind himself to pay and the obligation will be enforced accordingly; Witty v. Mich. M. F. Ins. Co., 123-412. 5501, 5502. All written promises negotiable by indorsement. Section 5501 authorizes the assignment of a contract, for the delivery of stock in an incorporated company, and section 5502 confers on the assignee a right of action in his own name on such contract when assigned. In an action by the assignee on such a contract the defendant may, for his own protection, challenge the execution of the assignment, under section 364, and require proof that the assignment alleged has been properly made. The assignment, however, being admitted by the pleadings, he can not raise a question either as to the consideration on which it was made or as to the motive which induced it. In such an action by the assignee - on an instrument in writing assigned to him it is enough for the defendant to know that the plaintiff is the holder of the instrument by assignment. If the assignor, without objection, allows the action to proceed to final judgment, he is estopped from thereafter maintaining a suit on the same instrument; Morrison v. Ross, 113-193. 5503. Defenses. If a note is owned jointly by several persons the maker thereof can not set off against it a debt due from one of such owners; Mitchell v. Friedley, 126-548. This section, which provides that "whatever defense or set off the maker of any such instrument [referring to negotiable paper except such as is protected by the law merchant] had, before notice of assignment, against an assignor, or against the original payce, he shall have also against their assignees." must be construed in connection with section 343, which provides when and when only a set off shall be allowed. So construed, a set off is a cross action, by the defendant against the plaintiff, in an action by the latter for "money demands upon contracts," and, the indebtedness on which it so depends must be so held by the defendant, at the time when he may acquire the right of set off, that he could maintain an independent action on it. It follows that in an action on a note executed by the defendant to the plaintiff's indorser, a note of such indorser which the defendant had contracted to purchase from its payee, but which was not delivered until after the defendant had received notice of the transfer by indorsement to the plaintiff, is not available as a set off; Weaver v. First Nat. Bk., 126–113. AN ACT to enable joint suits to be maintained upon several bonds of public officers and other persons. [Approved March 9, 1889; in force May 10, 1889; S., 1889, p. 264. 8330. Bonds required by law-Several given-Joint action on Sureties' liabilities. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That whenever any public officer or other person is required by the laws of this state to give bond for the performance of his duties and more than one bond is given by the same officer or person for the performance of such duties, either during the same period of time or for successive periods of time, any person entitled to sue upon either of said bonds may bring a joint suit upon all or any number of said bonds and, in such action, the liability of all the respective sureties thereon shall be determined by the court or jury. AN ACT authorizing boards of county commissioners to appoint justices of the peace in certain cases and declaring an emergency. [Approved and in force February 26, 1891; S., 1891, p. 33. 8331. Justice of the peace-Incorporated town. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That, where a town has been incorporated and there is no justice of the peace resident within the corporate limits of such town, the board of county commissioners of the county in which such incorporated town is situated, shall, upon the petition of a majority of the board of trustees of such incorporated town, appoint a justice of the peace, who shall resitle and hold his office in such incorporated town. Said board of county commissioners shall certify to the governor of the state to such appointment and upon the receipt of such certificate of such appointment the governor shall commission such person so appointed as justice of the peace; said justice shall hold his office until his successor is elected and qualified. 8332. Emergency. § 2. An emergency exists for the immediate taking effect of this act, and it shall be in effect from and after its passage. AN ACT relative to the appointment of special deputies, marshals or policemen by sheriffs, mayors and other person authorized, by law, to make such appointments. [Approved March 9, 1889; in force May 10, 1889; S., 1889, p. 301. 8333. Special deputies, how appointed. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That no sheriff of a county, mayor of a city or other person authorized by law to appoint special deputies, marshals or policemen in this state to preserve the public peace and prevent or quell public disturbance shall, hereafter, appoint as such special deputies, marshals or policemen any person who shall not have resided continuously in this state for the period of one year, at least, and in the county where such appointment is made for the period of at least six months, prior to the date of said appointment. 8334. Non residents - Importation of, for peace officers. § 2. That it shall be unlawful for any person, company, association or corporation to bring or import in to this state any person or persons or association of persons for the purpose of discharging the duties devolving upon sheriffs, deputy sheriffs, marshals, policemen, constables or peace officers in the protection or preservation of public or private property or in the punishment of any person violating the criminal laws of this state. 8335. Police powers - Wrongful exercise of. § 3. That any person or persons who shall, in this state, without due authority, exercise or attempt to exercise the functions of, or hold himself or themselves out, to any one, as a deputy sheriff, marshal, policeman, constable or peace officer shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, in the discretion of the court or jury, be imprisoned in the penitentiary for any period not more than one year, to which may be added a fine not exceeding one hundred dollars. 8336. Penal clause. § 4. Any person or persons violating any of the conditions of section one of this act shall, upon conviction, be liable to the same punishment as prescribed in section three. AN ACT to legalize the official acts of persons under age, acting as deputies to any public officers and declaring an emergency. [Approved and in force March 7, 1891; S., 1891, p. 331. Preamble. WHEREAS, It has been represented to this general assembly that persons under age have been at times employed by public officers in this state as deputies and assistants, and have, as such, performed official acts, from time to time, in the name and place of such public officers; and, WHEREAS, Such acts were performed in good faith, but have now been questioned; therefore, 8337. Minors and deputies-Acts legalized. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That all official acts of such persons under age, acting in the name and place of such public officers, are hereby legalized and made valid to all intents and purposes. 8338. Limitation on statute. § 2. The provisions of this act shall not apply to any case concerning which litigation is now pending in any court of this state, drawing in question the validity of such acts of such persons. 8339. Emergency. § 3. Whereas, an emergency exists for the immediate taking effect of this act, it shall be in force from and after its passage. SEC. ARTICLE 9- THE SECRETARY OF STATE. 8340. Fees- Corporations. SEC. 8342. Emergency. AN ACT requiring the secretary of state to charge and collect, for the benefit of the state, certain fees from associations and incorporations, desiring certain benefits under the laws of the state of Indiana, and requiring all associations and corporations desiring such benefits to pay such fees and declaring an emergency. [Approved and in force March 4, 1891; S., 1891, p. 84. 8340. Fees - Corporations. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That the secretary of state shall hereafter charge and collect, for the benefit of the state, the following fees, viz.: Articles of incorporation. First. For filing with such secretary of state the articles of incorporation, or a certified copy or duplicate thereof, of any corporation whose capital stock is ten thousand dollars or under, ten dollars. Of a corporation whose capital stock is over ten thousand dollars, one-tenth of one per cent. upon the authorized capital stock of such association. Capital stock - Increase. Second. For filing with such secretary a certificate of increase of capital stock of any corporation having a capital stock where the amount of increase is ten thousand dollars or under, ten dollars; where the amount of increase is over ten thousand dollars, onetenth of one per cent. upon the proposed amount of increased capital. Consolidation, agreement of. Third. For filing with such secretary the articles of agreement, or a certified copy or duplicate thereof, of any consolidation of corporations having a capital stock, the following fees shall be collected by the secretary of state: Said articles of agreement of consolidations shall be treated as the articles of incorporation of the new consolidated corporations created by such articles of agreements of con- . solidation, shall be the same in each case as is herein before set forth for the filing of articles of incorporation, or certified copies or duplicate thereof, of a corporation having the same amount of capital stock as is provided for by the articles of agreement of consolidation for the new consolidated corporation, created by any such articles of agreement of consolidation; and in fixing the amount of such fees, no credit shall be allowed for fees previously paid by any of the constituent corporations, parties to such consolidation, but the same shall be determined solely by the amount of capital stock of the new corporation created by such articles of agreements of consolidation. Mutual insurance - Protective association. Fourth. For filing with such secretary the articles of incorporation, or of any certified copy or duplicate thereof, of any mutual insurance, benefit or protective association or corporation, not organized strictly for benevolent or charitable purposes, and having no capital stock, twenty-five dollars, save and except as hereinafter provided. |