CHAPTER 32.

CORPORATIONS-CHURCHES.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

ᎪᎡᎢ .

2. PROTESTANT EPISCOPAL CHURCH.

SEC.

4483-4496d.

ARTICLE 2.-PROTESTANT EPISCOPAL CHURCH.

4483. Personal property, investing

funds.

4496a. Vesting of property of extinct Congregational church.

SEC.

4496b. Failure to maintain worship for two years, extinct.

4496c. Congregational conference may maintain action.

4496d. Witnesses, depositions, decree.

[Acts 1915, p. 595. In force April 26, 1915.]

4483. Personal property, investing funds.-7. Such vestry, and their successors in office, may also acquire and possess for the use of any such parish, church, or congregation, personal property and may appropriate or invest the same, and the income or interest thereof, and all other funds and incomes in their hands as such vestry, to the maintenance of religious worship, schools, libraries or other purposes not inconsistent with the trust.

This act amends section 4483 of the Revised Statutes of 1914.

[Acts 1917, p. 41. In force February 17, 1917.]

4496a. Vesting of property of extinct Congregational church.-1. That all property, both real and personal, belonging to or held in trust for any Congregational church or any Congregational religious society in the state of Indiana that has or shall become extinct shall vest in and become the property of the Congregational conference of Indiana and its successors and assigns: Provided, That nothing herein shall affect the title to any Congregational church or parsonage the title of which is held by any of the National Congregational societies: and, Provided further, That this act shall not affect the reversionary interests of any person or persons in such property, or any valid lien thereon.

4496b. Failure to maintain worship for two years, extinct.-2. That any Congregational church or Congregational religious society in this state which has ceased or failed to maintain worship or services according to the usages and customs of the churches of the Congregational Conference of Indiana for the space of two (2) consecutive years immediately prior thereto, or whose membership has so diminished in numbers or in financial strength as to render it impossible or

unpracticable for such church or society to maintain religious worship or services, or to protect its property from exposure to waste and dilapidation or to fulfil the purpose for which it was incorporated, shall be deemed and taken to be extinct.

4496c. Congregational conference may maintain action.-3. When a Congregational church or Congregational religious society in this state shall become extinct, as provided for in section 2 of this act, and shall own any property, the Congregational Conference of Indiana may file a complaint in the circuit or superior court of the county in which such church or religious society has been theretofore situated setting forth such facts, and may ask that the title to said property be vested in it. Such complaint shall make the Congregational church or the Congregational religious society which has become extinct a party defendant. Summons shall be issued and served, as provided for in other civil actions, and if no person, officer or member of such defendant church or society can be found upon whom service of process can be had, then, upon the filing of a proper affidavit by some person acting for and on behalf of such conference showing such facts, the clerk on order of the court, if in session, or in vacation without such order, shall cause a notice of the pendency of such action and the term at which it shall stand for trial, to be published for three (3) weeks successively in some newspaper of general circulation, named by the plaintiff or its attorney, printed in the English language and published in the county, or if none be printed or published therein, then in the county in this state nearest thereto in which any such paper may be printed.

4496d. Witnesses, depositions, decree.-4. Upon the hearing of such cause witnesses may be compelled to attend, and depositions taken under the usual regulations of law may be read and the parties may be examined under oath, as in other cases. If upon such hearing the court shall find the material allegations of the complaint to be true, it shall enter a decree vesting the title of all property as described in such complaint which the court may find belongs to or may be held in trust for such Congregational church, or such Congregational religious society, in the plaintiff, the Congregational Conference of Indiana and its successors and assigns.

CHAPTER 33.

CORPORATIONS-GRAVEL AND OTHER ROADS.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

Failure to keep a gravel road in repair for an unreasonable time prevents the collection of toll. Mount Carmel etc. Co. v. Loos, 53 App. 6, 101 N. E. 116.

SEC.

ARTICLE 3.-ABANDONMENT-CHANGE-FORFEITURE.

4574. Tolls.

4574. Tolls.

Failure to keep a gravel road in repair for an unreasonable time prevents the collection of toll. Mount Carmel etc. Co. v. Loos, 53 App. 6, 101 N. E. 116.