such society is exempt from the provisions of this act. Any fraternal beneficiary association, heretofore organized and incorporated and operating within the definition set forth in section 1, 2 and 3, of this act, providing for benefits in case of death or disability resulting solely from accidents, but which does not obligate itself to pay death or sick benefits, may be licensed under the provisions of this act, and shall have all the privileges and shall be subject to all the provisions and regulations of this act, except that the provisions of this act requiring medical examinations, valuations of benefit certificates, and that the certificate shall specify the amount of benefits, shall not apply to such society. 5061s1. Taxation.-30. Every fraternal beneficiary association organized or licensed under this act is hereby declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every state, county, district, municipal, and school tax, other than taxes on real estate not occupied by such association in carrying on its business. 5061t1. Penalties.-31. Any person, officer, member or examining physician of any society authorized to do business under this act who shall knowingly or wilfully make any false or fraudulent statement or representation in or with reference to any application for membership, or for the purpose of obtaining money from or benefit in any society transacting business under this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment in the county jail for not less than thirty days nor more than one year, or both, in the discretion of the court; and any person who shall wilfully make a false statement of any material fact or thing in a sworn statement as to the death or disability of a certificate holder in any such society for the purpose of procuring payment of a benefit named in the certificate of such holder, and any person who shall wilfully make any false statement in any verified report or declaration under oath required or authorized by this act, shall be guilty of perjury, and shall be proceeded against and punished as provided by the statutes of this state in relation to the crime of perjury. Any person who shall solicit membership for, or in any manner assist in procuring membership in any fraternal beneficiary association not licensed to do business in this state, or who shall solicit membership for, or, in any manner assist in procuring membership in any such society not authorized as herein provided, to do business as herein defined in this state, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty nor more than two hundred dollars. Any society, or any officer, agent or employé thereof neglecting or refusing to comply with, or, violating any of the provisions of this act, the penalty for which neglect, refusal or violation is not specified in this section, shall be fined not exceeding two hundred dollars upon conviction thereof. The above sections, 5061n to 5061t1 were numbered respectively 5061a to 5061g1 in the Supplement of 1918. CHAPTER 40. CORPORATIONS-MANUFACTURING AND MINING. Section numbers to notes refer to the Revised Statutes of 1914 and sections herein. SEC. 5063a. Manufacturing and mining cor porations, powers. 5063b. Exercise of privileges and pow ers. 5063c. Plan of operation may be changed. 5063d. Privileges additional to corporate powers. SEC. 5063e. Construction of act. 5081. Eminent domain, powers. 5088. Stock transferable, restrictions. 5158a. Oil, gas and mineral leases- [Acts 1921, p. 182. In force March 7, 1921.] 5063a. Manufacturing and mining corporations, powers.-1. Any corporation formed under the laws of this state, for manufacturing, mining, mechanical, chemical, or building purposes, may upon such terms and conditions as may be determined in the manner hereinafter designated provide and carry out a plan or plans for any or all of the following purposes: 1. The issue, or sale, or purchase and sale, of its capital stock to any or all of its employes and those actively engaged in the conduct of its business, or to trustees on their behalf, and the payment for such stock in installments or at one time, with or without the right to vote thereon pending payment therefor in full, and for aiding any such employes and said other persons in paying for such stock by contributions, compensations for services or otherwise. 2. The participation by all or any of its employes and such other persons in the profits of the corporate enterprise or of any branch or division thereof, such share in such profits to be regarded as a part of the corporation's legitimate expenses. 3. The furnishing to its employes, wholly or in part, at the expense of such corporation, of medical services, insurance against accident, sickness or death, pensions during old age, disability or unemployment, education, housing, social services, recreation, or other similar aids for their relief or general welfare. See title to the above act. 5063b. Exercise of privileges and powers.-2. Any of the privileges and powers hereinbefore granted may be exercised either by including appropriate clauses therefor in the original articles of incorporation, or by-laws at the time of organizing the corporation, or where the corporation has been formed without the said charter or by-law provisions the board of directors shall first formulate such plan or plans and pass a resolution declaring that in its opinion the adoption thereof is advisable, and shall call a meeting of the stockholders to take action thereon. The stockholders' meeting shall be held upon such notice as the by-laws provide, and in the absence of such provision upon ten days' notice given personally or by mail. If two-thirds in interest of the stockholders present at said meeting and entitled to vote shall vote in favor of any such plan or any modification thereof, the said plan shall thereupon become operative. 5063c. Plan of operation may be changed.-3. Any plan adopted as aforesaid may be recalled, abolished, revised, amended, altered or changed in the same manner as is herein provided for its adoption: Provided, however, That if such plan is recalled or abolished the corporation shall refund any moneys contributed by employes, or those actively engaged in the conduct of the corporate business, and for which no stock or other equivalent has been issued, with legal interest thereon. 5063d. Privileges additional to corporate powers.-4. The privileges and powers conferred by this act shall be deemed to be in addition to and independent of any and all powers and authority conferred by any other law or laws, and not in restriction or limitation of any of the powers now permitted to the corporations of this state formed for the purposes enumerated in section 1 of this act. 5063e. Construction of act.-5. If any part or parts of this act shall be declared to be invalid or unconstitutional, the other parts shall not thereby be affected or impaired. 5063f. Repeal.-6. All acts and parts of acts in conflict herewith are hereby repealed. Section 7 of the above act provides that the act be in force and effect from and after its passage. 5081. Eminent domain, powers. Companies organized for the purpose of furnishing to the public gas, light, heat and power and for the purpose of manufacturing electricity for use by the public, have the right to appropriate property under the act of 1905 regulating the manner of exercising the right of eminent domain. Joliff v. Muncie Electric etc. Co., 181 Ind. 650, 105 N. E. 234; Southern Ind. Power Co. v. Cook, 182 Ind. 505, 107 N. E. 12; Miller v. Southern Ind. Power Co., 184 Ind. 370, 111 N. E. 308. A light and power company organized under this section can condemn land for a power site without violating Const., art. 1, section 21. Miller v. Southern Indiana Power Co., 184 Ind. 370, 111 N. E. 308. [Acts 1919, p. 469. In force May 15, 1919.] 5088. Stock transferable, restrictions.-7. The stock of such company shall be deemed personal estate, and when fully paid in shall be transferable in such manner as the by-laws may prescribe. Such company shall not use its funds in the purchase of stock in any other corporation except upon the written consent of all the stockholders of the company desiring to purchase said stock, and also the written consent of all the stockholders of the corporation in which stock is sought to be purchased: Provided, however, That the provisions of this act shall not apply to the purchase of stock in any other than corporations created and existing under the laws of this state. This section amends section 5088 Revision of 1914. In an action against a corporation to compel a transfer of stock upon its books, the complaint must state facts which show that under the law and by-laws of the company that the plaintiff is entitled to have such stock transferred. Evansville Union etc. Co. v. State ex rel., 179 Ind. 505, 101 N. E. 822. 5089. Payment for stock. Corporations may sell their stock for less than its face value as being fully paid and non-assessable, and in case of insolvency of the corporation a receiver for the same can not sue such purchasers to recover the difference between the amount paid and the face value of the stock. Reel v. Brammer, 56 App. 180, 101 N. E. 1043. 5104. Liable for violating act. In an action under this section based on assent of defendants as directors to failure of company to collect subscriptions resulting in insolvency, which became indebted to the plaintiff after insolvency held that the court did not err in its conclusion of defendant's liability under the facts found. Baltes v. Armor Leather Co., App. 123 N. E. 356. [Acts 1921, p. 280. In force March 8, 1921.] 5158a. Oil, gas and mineral leases-Cancellation.-1. All leases and contracts for oil, gas and other mineral substances hereafter entered of record in this state, shall become null and void after a period of five years has elapsed since the payment of rentals thereon, or since operations for oil, gas or other mineral substances have ceased, and upon the written request of the owners of such land, accompanied with the affidavit of such owner, or the affidavit of a competent person, stating that no rentals have been paid for a period of five years, and that such leases and contracts have not been operated for the production of oil, gas or other mineral substances for five consecutive years, the recorder of the county in which such real estate is situated, shall certify upon the face of such record that such lease and contract is invalid and void by lapse of time and is thereby cancelled of record, which request and affidavit shall be recorded in the miscellaneous records of said recorder's office. Hereafter any person, firm, corporation or association who shall take, acquire or execute any contract, lease or easement in or upon any lands, or any rights or interests therein, for the purpose of obtaining any oil, gas or other mineral substances therefrom, shall be re |