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1881, Ch. 166 - Supervisors to forward lists of corporations to comptroller..

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SEC. 1. Lists of corporations, etc., to be forwarded to comptroller. 2. Forms.

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1882, Ch. 290-Sales and purchases of land by corporations. 235 SEC. 1. Lands which may be taken and held by corporations.

(OF JOINT STOCK ASSOCIATIONS.)

CHAP. IX.

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1881, Ch. 599-Reduction of number of trustees....

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237

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238

SEC. I. Companies, etc., having capital less than $100,000, may reduce number of trustees.

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SECS. 31-41. (Repealed.)

42. Receiver's general powers and duties.
43-57. (Repealed.)

1852, Ch. 71 — Collection of debts against corporations..

SEC. 1. (Repealed.)

2. Receivers to make assessment on premium notes.
3. Surrender of policies.

4. Receivers to examine acts of corporation.

1858, Ch. 314-Powers of receivers, etc., extended....
SEC. I. Trustees may impeach assignments.
2. And have actions against offenders.

1880, Ch. 537-Receivers of insolvent corporations

SEC. 1. Attorney-general to be served with copy of reports. 2. Motion to compel report.

3. Motion to remove receiver.

4. Notices, etc., must be served on attorney-general.

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CHAP. IX.

ARTICLE VII.-VOLUNTARY DISSOLUTION OF CORPORATIONS.

1828, R. S., Part III, Ch. VIII, Title IV, Art. 3 — Of the voluntary dissolution of corporations.

SECS. 58-65. (Repealed.)

66. Receivers, security.

67. Their rights.

68. Their authority.

69. To prosecute for arrears of stock.

70. To give notice of appointment, etc.

71. Certain sales, etc., void.

72. Debtors to account to receivers; powers of receiver.

73. Referring controversies.

74. Meetings of creditors to be called, etc.

75. Subsisting contracts.

76. Receiver's commissions.

77. To retain certain moneys.

78. Id., to meet suits.

79. Order of payment of debts.

80. Second and final dividend.

81. Proceedings therein.
82. Debts not exhibited.

83. Surplus to stockholders.

84. Money retained.

85. Control of receivers.

86. Account by them.

87. Previous notice thereof.

88. Referee's duty.

243

89. Settlement of account; its effect, further accounts to be ren

dered.

90 and 91. (Repealed.)

1880, Code of Civ. Proc., Part II, Ch. XVII, Title XI — Pro-
ceedings for voluntary dissolution of corporations....

SEC. 2419. Petition for dissolution

2420. Id., when directors equally divided.

2421. Contents of petition.

2422. Affidavit to be annexed.

2423. Presentation of petition; order to show cause.

2424. Order to be published.

2425. Id., to be served on creditors and stockholders.

2426. Hearing.

2427. Id.; original papers may be used.

2428. Application for final order.

2429. Final order.

2430. Certain sales, etc., void.

2431. Certain corporations excepted.

249

ARTICLE VIII.-SERVICE OF PROCESS ON CORPORATIONS.

1877, Code of Civ. Proc.....

SEC. 431. Service of summons on domestic corporation.

432. Id. upon foreign corporation.

433. Id. of process to commence special proceeding.
438. Id. of summons by publication.

610. Id. of injunction order.

1880. 2071. Id. of alternative writ of mandamus.

2526. Id. of citation issued by surrogates' court.

2879. Id. of summons in justices' court.

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ARTICLE IX.-ACTIONS RELATING TO A CORPORATION. 1880, Code of Civ. Proc., Part II, Ch. XV, Title II relating to a corporation.

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- Actions

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(ART. I.) ACTION BY A CORPORATION AND ACTION AGAINST A CORPO

RATION TO RECOVER DAMAGES OR PROPERTY.

SEC. 1775. Complaint in actions by or against corporations.
1776. When proof of corporate existence unnecessary.
1777. Misnomer, when waived.

1778. Action upon a note, etc.

1779. When foreign corporation may sue.

1780. When foreign corporation may be sued.

(ART. 2.) JUDICIAL SUPERVISION OF A CORPORATION, AND OF THE

OFFICERS AND MEMBERS THEREOF.

SEC. 1781. Action against directors for misconduct.

1782. By whom action to be brought.

1783. Construction of article.

(ART. 3.) ACTIONS TO PROCURE THE DISSOLUTION OF A CORPORATION,

AND ACTIONS TO ENFORCE THE INDIVIDUAL LIABILITY OF
THE OFFICERS OR MEMBERS OF A CORPORATION, WITH OR
WITHOUT A DISSOLUTION THEREOF.

SEC. 1784. Action by judgment-creditor for sequestration, etc.
1785. Id. to dissolve a corporation.

1786. Id. by whom to be brought.

1787. Temporary injunction.

1788. Receiver may be appointed; powers of temporary re

ceiver.

1789. Additional powers may be conferred on temporary re

ceiver.

1790. Making stockholders, etc., parties.

1791. When separate action may be brought against them.
1792. Proceedings in either action.

1793. Judgment; property of corporation to be distributed.
1794. Id.; stock subscriptions may be recovered.

1795. Id.; as to liabilities of directors and stockholders.
1796. Effect of this article limited.

(ART. 4.) ACTION BY THE PEOPLE TO ANNUL A CORPORATION.
SEC. 1797. Action by attorney-general, when legislature directs.
1798. Id., by leave of court.

1799. Leave; when and how granted.

1800. Action triable by a jury

1801. Judgment.

1802. Injunction may issue.

1803. Copy of judgment-roll to be filed and published.

(ART. 5.) PROVISIONS APPLICABLE TO TWO OR MORE OF THE ACTIONS

SPECIFIED IN THIS TITLE.

SEC. 1804. Certain corporations excepted from certain articles of

this title.

1805. Officers and agents may be compelled to testify.

1806. Injunction staying actions by creditors.

1807. Creditors may be brought in.

1808. When attorney-general must bring action.

1809. Requisites of injunctions against corporations in cer

tain cases.

1810. Id. of order appointing a receiver in certain cases.

1811. Id. of judicial suspension or removal of officer.

1812. Application of last three sections.

1813. In action against stockholders, misnomer, etc., not

available.

CHAP. IX.

CHAP. IX.

ARTICLE X.-ACTIONS BY OR AGAINST AN UNINCORPO-
RATED ASSOCIATION.

1880, Code of Civ. Proc., Part II, Ch. XV, Title V, Art. 1
Action by or against an unincorporated association.... 267
SEC. 1919. Actions, etc., by or against associations of seven or more per-

sons.

1920. Proceedings in case of death, etc.

1921. Effect of judgment; execution thereupon.

1922. Subsequent action against members.

1923. This article permissive; effect upon statute of limitations. 1924. When objection of misnomer, etc., of parties not available.

ARTICLE XI.- MISCELLANEOUS PROVISIONS OF THE CODE OF
CIVIL PROCEDURE, RELATING TO CORPORATIONS AND
JOINT-STOCK ASSOCIATIONS...

1877. SECS, 263, 264. Jurisdiction of superior city courts.

1880.

525. Verification of pleadings by corporations.
624, Damages by injunction, how recovered.
636. Attachment against foreign corporation.

646. Id., upon what sheriff may levy.

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647. Interest of defendant in stock may be levied upon. 650. Officers to give certificate of defendant's interest to

sheriff.

651. Person refusing may be examined.

707. Certain judgments against foreign corporation, how enforced.

791. Action on note, etc., entitled to preference.

839. When admission of member is evidence against cor

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pelled.

how com

869. May be produced by employer; if attendance of officer

required, must be subpoenaed.

872. Deposition of officers or directors may be taken. 929. Books of foreign corporation presumptive evidence. 930. When copy thereof is evidence.

931. How copy to be verified.

960. Corporate seal, may be impressed directly on paper.
1012. Reference in certain actions against a corporation.
1217. Requisites on application for judgment against foreign
corporation.

1650. Action to compel determination of a claim to real
property may be maintained.

1879. Domestic corporation not subject to action to compel
discovery.

1948. Action against persons usurping franchises, etc.
1950. Such action triable by jury.

1955. Final judgment for plaintiff must perpetually restrain
defendants. Temporary injunction may be granted.
1984. Such action to be brought in the name of the people.
1987. Costs in such action, how collected.

2146. Corporation included in term "body or officer," in provisions concerning certiorari.

2441. Corporations indebted, etc., to judgment debtor may be examined in supplementary proceedings concerning the same.

2463. Provisions concerning supplementary proceedings not applicable to certain corporations.

2865. Action in justices' court by or against corporations.

SEC. 3268. Foreign corporation plaintiff may be required to give
security for costs.

3342. Subd. 18. Definition of "domestic corporation" and
'foreign corporation."

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ARTICLE XII.-CRIMINAL PROCEEDINGS AGAINST CORPO

RATIONS.

1881, Code of Crim. Proc., Part IV, Title XII, Ch. IX -Proceedings against corporations

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272

SEC. 675. Summons upon an information or presentment against a corporation, by whom issued, and when returnable.

676. Form of the summons.

677. When and how served.

678. Examination of the charge.

679. Certificate of magistrate and return thereof with the de

position.

680. Grand jury may proceed as in the case of a natural person.
681. Appearance and plea to indictment, and proceedings thereon.
682. Fine on conviction, how collected.

ARTICLE XIII.- FRAUDULENT INSOLVENCIES BY CORPORA-
TIONS, AND OTHER FRAUDS IN THEIR MANAGEMENT.

1882, Penal Code, Title XV, Ch. XI - Fraudulent insolvencies

by corporations, and other frauds in their management 273
SEC. 590. Frauds in subscriptions for stock of corporations.
591. Fraudulent issue of stock, scrip, etc.

592. Frauds in procuring organization of corporation, or increase
of capital.

593. Unauthorized use of names in prospectuses, etc.

594. Misconduct of directors of stock companies.

595 to 601, inclusive. (Omitted, they relating exclusively to bank-
ing corporations.)

602. Frauds in keeping accounts, etc.

603. Officer of corporation publishing false reports of its con-
dition.

604. Insolvencies of corporations deemed fraudulent, when.
605. Directors participating in fraudulent insolvency, how pun-

ishable.

606. Violation of duty of directors of moneyed corporation.
607 and 608. (Omitted, they relating exclusively to railway cor-

porations.)

609. Directors of corporation presumed to have knowledge of its
affairs.

610. Director present at meeting, when presumed to have assented

to proceedings.

611. Director absent from meeting, when presumed to have dis-
sented to proceedings.

612. Failure of director upon whom application for injunction is
served, to disclose fact to other directors.

613. Foreign corporations.

614. "Director" defined.

1855, Ch. 155. Punishment for fraudulent issue, etc., of stock. 277

SEC. I.

False issue of stock a felony.

2. Id., punishment.

CHAP. IX.

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