IC 23-10-2
    Chapter 2. Land Acquisition and Construction of Buildings forBenevolent Purposes

IC 23-10-2-1
Acquisition of land; purposes
    Sec. 1. Any persons, congregation, society, church or any grandor subordinate lodge of Free Masons, or Odd Fellows, or Knights ofPythias, or any grand or subordinate chapter, council or encampmentof Free Masons, or Odd fellows, or Knights of Pythias, or any templeor division of the Sons or Daughters of Temperance, and anyvoluntary association for religious, educational, scientific orbenevolent purposes may take by purchase, grant or devise lots ortracts of land not exceeding one hundred sixty (160) acres, uponwhich to erect buildings for religious worship or for such otherpurposes as will best attain the objects of said several organizations,and, for that purpose, may elect not less than three (3) nor more thannine (9) trustees, who shall possess the power and perform the dutiesherein named.
(Formerly: Acts 1852, 1RS, c.101, s.1; Acts 1895, c.10, s.1.)

IC 23-10-2-2
Society; definition
    Sec. 2. The word "society" in this chapter shall be deemed toinclude churches, associations, congregations, grand and subordinatelodges, chapters, councils, encampments, divisions, and all otherorders enumerated in section 1 of this chapter.
(Formerly: Acts 1852, 1RS, c.101, s.2; Acts 1895, c.10, s.2.) Asamended by P.L.34-1987, SEC.337.

IC 23-10-2-3
Election of trustees; notice
    Sec. 3. Notice of the first election of trustees shall be given atleast ten (10) days previous thereto by publication in a newspaper ofthe county, if any be published therein, otherwise by posting suchnotices in three (3) public places in the township where such electionis to take place, one (1) of which notices shall be posted at the placewhere the proposed election is to be held. Such notice shall state thetime, place and object of such election; and the same shall be held atthe usual place of worship or meeting of such society, if any there be:Provided, That at any subsequent election of such trustees, no suchnotice shall be necessary where such lodge or society shall, in itsrules, by-laws or constitution, provide and fix the time and place forthe election of its trustees.
(Formerly: Acts 1852, 1RS, c.101, s.3; Acts 1895, c.10, s.3.)

IC 23-10-2-4
Election certificate; recording; duties of clerk
    Sec. 4. Such society, at the first and every subsequent election,shall appoint a clerk thereof, who shall take, count and make a

poll-list of the votes given for trustees; and, within ten (10) daysthereafter, shall deposit in the recorder's office of the county wherethe real estate granted is situate, a certificate setting forth the noticeof such election, the time and place where the same was held, thename of the society and persons elected as trustees thereof; and therecorder of such county shall record the same among the records ofdeeds in his office.
(Formerly: Acts 1852, 1RS, c.101, s.4.)

IC 23-10-2-5
Certificate; conclusive and presumptive evidence
    Sec. 5. As between such society, the trustees thereof, and all otherpersons claiming under them, and any person granting real estatethereto, and all persons claiming under him, such certificate shall beconclusive evidence of the matters and things therein recited; and asbetween such society, the trustees thereof, and all persons claimingunder them, and all other persons, it shall be presumptive evidenceof such matters.
(Formerly: Acts 1852, 1RS, c.101, s.5.)

IC 23-10-2-6
Succession of trustees
    Sec. 6. Such trustees shall severally hold their offices until theirsuccessors are duly chosen according to the rules of such society;and any society, by a majority vote, at a meeting of one-third (1/3) ofthe resident members thereof notice being given as aforesaid, mayremove such trustees, and elect others in their stead.
(Formerly: Acts 1852, 1RS, c.101, s.6.)

IC 23-10-2-7
By-laws
    Sec. 7. Such society, or the trustees thereof, when organized forthat purpose, may establish all necessary by-laws to carry out theobjects of its organization.
(Formerly: Acts 1852, 1RS, c.101, s.7.)

IC 23-10-2-8
Selection of appointment of trustees according to custom
    Sec. 8. Any society may select or appoint trustees according to itscommon usage or custom, if they desire it; but a certificate of suchselection or appointment, and the record of the same, as in case oftheir election, shall not be dispensed with.
(Formerly: Acts 1852, 1RS, c.101, s.8.)

IC 23-10-2-9
Powers of trustees
    Sec. 9. Such trustees shall be deemed a body politic andcorporate, under such name and style as the society may elect; and,by that name, shall have power to contract, sue, be contracted withand sued with like effect as other persons or corporations.(Formerly: Acts 1852, 1RS, c.101, s.9.)

IC 23-10-2-10
Change of corporate name
    Sec. 10. Such society may, at any meeting, by giving ten (10)days' notice of the time and purpose thereof, change their corporatename; but the name chosen by such society shall not be assumeduntil a record has first been made of the fact in the recorder's officeof the proper county. Such change shall not affect the rights orliabilities of the society or of other persons or parties.
(Formerly: Acts 1852, 1RS, c.101, s.10.)

IC 23-10-2-11
Receiving and holding conveyances of land
    Sec. 11. The trustees chosen as herein provided, after record oftheir election or appointment is made in the recorder's office of theproper county, shall have power and authority, as such trustees, toreceive conveyances of lands, whether the same be by purchase, giftor otherwise, and to hold the same to their successors, as suchtrustees, in perpetuity, for the sole and exclusive benefit of suchsociety and for the uses declared in such conveyance or grant.
(Formerly: Acts 1852, 1RS, c.101, s.11.)

IC 23-10-2-12
Acquiring and possessing of personal property
    Sec. 12. Such trustees and their successors in office may alsoacquire and possess personal property for the use of any such society,and may appropriate the same, and the income or interest thereof,and all other funds and incomes in their hands as such trustees, forthe purposes designated by such society, not inconsistent with thetrust.
(Formerly: Acts 1852, 1RS, c.101, s.12; Acts 1925, c.68, s.1.)

IC 23-10-2-13
Sale or other disposition of corporate property
    Sec. 13. Such trustees, to more effectually carry out the objects oftheir trust, may sell, loan or otherwise dispose of their corporateproperty; and any conveyance thereof by such trustees, or a majorityof them, in behalf of such society, shall vest in the purchaser of thesame, all the right, title and interest thereto; but the provisions of thissection shall not be construed to affect any gift, bequest or devise tosuch society, or to trustees for its use, nor to defeat the intentions ofthe grantor, donor or testator.
(Formerly: Acts 1852, 1RS, c.101, s.13.)

IC 23-10-2-14
Revival of dissolved corporation
    Sec. 14. When any society within the meaning of this chaptershall have been dissolved from any cause, a majority of the personsinterested therein may revive the same, within five (5) years after

such dissolution, by electing a new board of trustees, and makingrecord of such election in the recorder's office of the proper county,as provided in this chapter. And whenever, from any cause, anychurch or religious society holding and possessing property withinthe meaning of this chapter shall have been dissolved, the annual orquarterly conference, or other ecclesiastical body to which suchchurch or religious society is directly subordinate, shall have powerto appoint trustees, in accordance with the customs and usages ofsaid church, to take charge and control of the property of said churchor society until it shall be revived as contemplated by this chapter.
(Formerly: Acts 1852, 1RS, c.101, s.14; Acts 1855, c.107, s.1.) Asamended by P.L.34-1987, SEC.338.

IC 23-10-2-15
Applicability of chapter to prior acquisitions
    Sec. 15. The provisions of this chapter shall extend to everysociety, educational or religious, which, previous to May 6, 1853,had acquired land for the purpose of erecting a house of worship, orother appropriate building, not exceeding five (5) acres, uponcondition that the consent of two-thirds (2/3) of the personsinterested in the land is first obtained, the trustees are elected andcertified, and other proceedings had as directed in this chapter for theelection of trustees.
(Formerly: Acts 1852, 1RS, c.101, s.15.) As amended byP.L.34-1987, SEC.339; P.L.1-1991, SEC.161.

IC 23-10-2-16
Performance of trustees' duties by officers
    Sec. 16. The officers of any society, by whatever name suchofficers may be designated, elected in the manner prescribed by thischapter, or according to the rules of any such church, society, ororder, may, whenever the laws or usages of the same require it,perform the duties of trustees, and, in their proper name and title,shall possess all the powers and be subject to the same liabilities astrustees; and the certificate of the election of such officers shall berecorded in the recorder's office of the proper county as in the caseof trustees.
(Formerly: Acts 1852, 1RS, c.101, s.16.) As amended byP.L.34-1987, SEC.340.

IC 23-10-2-17
Applicability of chapter to cemetery associations
    Sec. 17. All the provisions of this chapter are hereby extended, sofar as the same may be applicable, to any individuals who may unitethemselves together for the purpose of receiving donations of landsor purchasing the same for cemeteries.
(Formerly: Acts 1852, 1RS, c.101, s.17.) As amended byP.L.34-1987, SEC.341.

IC 23-10-2-18 Donations and purchases; rights and privileges
    Sec. 18. When such donations or purchases shall be made to or byany such individuals, and a certificate thereof or conveyancetherefor, together with the articles of association by which suchindividuals have become united for such purpose, shall be filed in theoffice of the recorder of the proper county, and by him recorded,such individuals shall enjoy all the privileges necessary for thepreservation and protection of such cemetery, in the same manner asif such individuals were regularly incorporated by law, and suchcemetery shall forever remain a burial place for the dead.
(Formerly: Acts 1852, 1RS, c.101, s.18.)

IC 23-10-2-19
Conveyance for cemetery purposes; holding in trust
    Sec. 19. Lands conveyed to the board of county commissioners,by deed duly recorded, for the purpose of a public or privatecemetery, shall be held by such board forever in trust for suchpurpose.
(Formerly: Acts 1852, 1RS, c.101, s.19.)

IC 23-10-2-20
Designated burial lots
    Sec. 20. In all cases where the donors or donees of any publicburying ground shall lay the same off into lots, plainly designated bycorner stones or posts, and record a plat thereof in the recorder'soffice, then persons interring in said burying place shall bury withinthe lots so designated, and not out of them.
(Formerly: Acts 1852, 1RS, c.101, s.20.)

IC 23-10-2-21
Donor of private burying ground; exclusive right of admitting
    Sec. 21. The donor of a private burying ground, his heirs andassigns forever, shall have the exclusive right of admitting corpsesfor interment, and shall direct where the same shall be buried; andmay grant any right of burial in such ground as shall not interferewith the graves already there or the rights of persons who haveburied their dead in such ground.
(Formerly: Acts 1852, 1RS, c.101, s.21.)

IC 23-10-2-22
Subsequent disposition by donor; applicability of chapter
    Sec. 22. No burying ground specified in this chapter shall pass orbe held contrary to the intent or meaning of this chapter by virtue ofany subsequent devise, purchase, descent, or conveyance of thedonor.
(Formerly: Acts 1852, 1RS, c.101, s.22.) As amended byP.L.34-1987, SEC.342.