ance companies authorized to do business in this state: Provided, That no loan or trust company shall demand that any person, firm or corporation, being a borrower from such loan or trust company, place any insurance of any kind with such loan or trust company; and to rent and lease receptacles for safe deposit of personal property.

This section amends section 4953 Revision of 1914.

An agreement by other banks to assume the liabilities of an insolvent state bank and to pay any deficiency in its assets is ultra vires under this section and section 4956. Board of Comrs. of Lake County v. Citizens' Trust & Sav. Bank, App., 123 N. E. 130.

1956. Limit as to business.-13. No such corporation shall engage in any mercantile, manufacturing or other business, except such as is expressly authorized, nor shall it loan its funds, moneys, capital, trust funds, or other property whatsoever, to any director, officer, agent, or employe thereof, nor shall any such director, officer, agent or employe become in any manner indebted to said corporation by means of any overdraft, promissory note, account, endorsement, guaranty, or other contract whatsoever.

This section amends section 4956 Revision of 1914.
See note to section 4953.

4959. Illegal business-Duty of auditor.

This section is mandatory and an auditor has no right to disregard its command and substitute his own judgment as to a bank's continuing in business. Board of Comrs. of Lake County v. Citizens' Trust & Sav. Bank, 123 N. E. 130.

App.

CORPORATIONS-LODGES AND SOCIETIES.

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

[Acts 1921, p. 732. In force March 10, 1921.]

5002a. Historical societies-Appointment of curator.-1. The board of county commissioners of any county of this state, in which there is, or hereafter may be, a historical society, having a collection of records, papers and other objects of historical interest, and occupying therewith a room or rooms under the act to which this act is supplemental, may employ a curator whose duties shall be such as may be prescribed by the historical society. The person who shall be appointed curator shall be a person recommended by the historical society.

5002b. Salary of curator, appropriation.-2. The compensation of the curator shall be fixed by the board of county commissioners, upon the recommendation of the historical society, but shall not exceed seventy-five dollars ($75) per month. For the purpose of paying the curator's salary and printing catalogues of the objects of historical interest, constituting the collection of the society, and for printing such papers of historical interest, as the society may direct, the county council may appropriate from the county funds fifteen hundred dollars ($1500) each year, which shall be disbursed for the purposes specified in this section upon the orders of the board of county commissioners made upon reports of the historical society.

Section 3 of the above act provides that the act be in force and effect from and after its passage.

SEC.

ARTICLE 2.—MASONIC BUILDINGS.

5030. Certificate, contents.

5030.

[Acts 1915, p. 655. In force March 10, 1915.]

Certificate, contents.-1. Whenever three or more bodies or lodges of Free and Accepted Masons, or of other secret ritualistic orders may desire to form a company or association, for the purpose

of building and maintaining a building to be used or occupied, in whole or in part, for meetings or purposes of bodies of lodges of Free and Accepted Masons or of other secret ritualistic orders, or in any way for the use, accommodation or convenience of such bodies. or lodges, or the members thereof, they shall make, sign, and acknowledge, or any such body or lodge by vote of the majority of members present at any of its regular or stated meetings may elect or constitute and appoint one of its members as its lawful attorney and agent in its name, place and stead to make, sign and acknowledge on behalf of such body or lodge, a certificate in writing which shall state the corporate name adopted by the company or association, the object of its formation, the amount of its capital stock, the number and the par value of its shares of stock not exceeding one hundred dollars ($100.00) per share, the number of its directors, and their names, who shall manage the affairs of the company or association for the first year and the name of the town, city and county in which the same is to be located, and shall file the same in the office of the secretary of state together with a fee of five dollars ($5.00) for filing the same and a duplicate thereof shall be filed and recorded in the office of the recorder of such county.

This act amends section 5030 of the Revised Statutes of 1914.

5042. Certificates deemed contracts.

Construction of a certificate of membership in a beneficiary society, and of the by-laws regulating the rights of the holders of certificates and of the beneficiaries named therein, and of the rights of such societies to change the beneficiaries named in such certificates. Almy v. Commercial etc. Assn., 59 App. 249, 106 N. E. 893.

5044. Old associations continuing.

Construction of a certificate issued to a member in a fraternal beneficiary association which provided for the payment of the benefits to the persons named in the will of such member, and also of the by-laws of the association that bear upon the subject. Supreme Lodge etc. v. Bieler, 58 App. 550, 105 N. E. 244.

[Acts 1915, p. 276. In force April 26, 1915.]

5061n. Mutual beneficiary societies.-1. That any corporation, society, order or voluntary association, without capital stock, organized and carried on solely for the mutual benefit of its members and their beneficiaries, and not for profit and having a lodge system with ritualistic form of work and representative form of government, and which shall make provision for the payment of benefits in accordance with section 5 hereof, is hereby declared to be a fraternal beneficiary association.

It is too late on appeal to raise the question of the corporate existence of a fraternal association after pleading to the merits of the complaint which alleged that the appellant was a fraternal organization. Huron Tribe No. 117 Improved Order of Red Men v. Mace, App. 126 N. E. 437.

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50610. Lodge system defined.-2. Any society having a supreme governing or legislative body and subordinate lodges or branches by whatever name known, into which members shall be elected, initiated and admitted in accordance with its constitution, laws, rules, regulations and prescribed ritualistic ceremonies, which subordinate lodges or branches shall be required by the laws of such society to hold regular or stated meetings at least once in each month, shall be deemed to be operating on the lodge system.

5061p. Representative form of government defined.-3. Any such society shall be deemed to have a representative form of government when it shall provide in its constitution and laws for a supreme legislative or governing body, composed of representatives elected either by the members or by delegates elected directly or indirectly by the members, together with such other members as may be prescribed by its constitution and laws: Provided, That the elective members shall constitute a majority in number and have not less than twothirds of the votes, nor less than the number of votes required to amend its constitution and laws: and Provided, further, That the meetings of the supreme or governing body, and the election of officers,