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CHAP. IX. 1881, Ch. 166 — Supervisors to forward lists of corporations to comptroller..

235 SEC. I. Lists of corporations, etc., to be forwarded to comptroller.

2. Forms.

1882, Ch. 290— Sales and purchases of land by corporations. 235

SEC. 1. Lands which may be taken and held by corporations.

236

(OF JOINT STOCK ASSOCIATIONS.) 1854, Ch. 245— Dissolution of association .... SEC. 1. Not dissolved by death of stock-holder, etc.

2. Number of managers.
3. Limitation of act.

236

1862, Ch. 151 — Offenses against associations.

SEC. 1. Contents of indictment.

1867, Ch. 289 - May hold real estate ....

.. 237 SEC. I. Purchase of real-estate when allowed. 1868, Ch. 290 - Capital may be reduced ......

237 SEC. I. When capital may be reduced. 1881, Ch. 599 — Reduction of number of trustees....

238 SEC. 1. Companies, etc., having capital less than $100,000, may reduce

number of trustees.

ARTICLE VI - PROCEEDINGS AGAINST CORPORATIONS IN

EQUITY.

1828, R. S., Part III, Ch. VIII, Title IV, Art. 2--0f proceedings against corporations in equity.

238 Secs. 31-41. (Repealed.)

42. Receiver's general powers and duties.

43-57. (Repealed.) 1852, Ch. 71 — Collection of debts against corporations.... 240 SEC. 1. (Repealed.)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........... 241 SEC. I. Trustees may impeach assignments.

2. And have actions against offenders. 1880, Ch. 537— Receivers of insolvent corporations

241 Sec. I. 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.

CHAP. IX.

ARTICLE VII.-VOLUNTARY DISSOLUTION OF CORPORATIONS.
1828, R. S., Part III, Ch. VIII, Title IV, Art. 3 — Of the volun-
tary dissolution of corporations.

243 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 (Repealed.)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.
86. 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.
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..... 249 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.

ARTICLE VIII.- SERVICE OF PROCESS ON CORPORATIONS. 1877, Code of Civ. Proc.....

253 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.

ARTICLE IX.-ACTIONS RELATING TO A CORPORATION.

CHAP. IX. 1880, Code of Civ. Proc., Part II, Ch. XV, Title II — Actions relating to a corporation....

255 (ART. 1.) 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. udgment.
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.
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 un incorporated 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........

..269 1877. Secs, 263, 264. Jurisdiction of superior city courts.

525. Verification of pleadings by corporations.
624. Damages by injunction, how recovered.
636. Attachment against foreign corporation.
646. Id., upon what sheriff may levy.
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

poration. 868. Production on a trial of books and papers, how com

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

required, must be subpænaed. 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. 1880. 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 concern

ing the same. 2463. Provisions concerning supplementary proceedings not

applicable to certain corporations, 2865. Action in justices' court by or against corporations.

CHAP. IX.
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 ......

272 Sec. 675. Summons upon an information or presentment against a cor

poration, 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. 1. False issue of stock a felony.

2. Id., punishment.

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