all meetings of the corporation, and may vote accordingly as a stockholder; and every person who shall pledge his stock as aforesaid, may nevertheless represent the same at all such meetings, and may vote accordingly as a stockholder. Nothing but ered as payment money consid of capital stock, SECT. 15. Nothing but money shall be considered as payment of the capital stock of any corporation formed under the provisions of this act; and no loan of money shall be made &c. by any such corporation to any stockholder therein. may alter and solved corpora SECT. 16. The legislature may, at any time, alter, amend, Legislature or repeal this chapter; but such amendment shall not, nor repeal. Disshall the dissolution of any such corporation take away or tion still liable. impair any remedy given against any such corporation, its stockholders or officers, for any liability which shall have been previously incurred. may increase and diminish stock. SECT. 17. Any corporations formed under this act may Corporation increase or diminish its capital stock, and may also extend its business to any other manufacturing, mining, lumbering, agricultural, mechanical, or chemical business, in the manner hereinafter provided; and any existing company, heretofore formed, may come under and avail itself of the privileges and provisions of this act, by complying with the following provisions; and thereupon such company, its officers and stockholders, shall be subject to all the restrictions, duties, and liabilities of this act. Whenever comavail itself of meeting of stock pany desires to these provisions, holders to be SECT. 18. Whenever any company shall desire to avail itself of the privileges and provisions of this act, or shall desire to increase or diminish the amount of capital stock, or extend or change its business, a meeting of the stockholders called, how. shall be called by the trustees, whose duty it shall be to publish a notice of such meeting, signed by a majority of them, in a newspaper printed in the county, if any shall be published therein; and if none, then in a newspaper printed near-. est their place of business, at least three successive weeks, and to serve personally on each stockholder a written or printed copy thereof, or deposit such copy in the post-office, addressed to each stockholder, at his usual place of residence, at least three weeks before the day fixed upon for holding the meeting. Such notice shall specify the object of such meeting, the time and place when and where such meeting shall be held, and the amount to which it is proposed to increase or Meeting, how organized, and business, how conducted. Treasurer or clerk to keep book containing holders for six years, &c. diminish the capital stock, and the business to which the company would be extended or changed. SECT. 19. At the time and place specified in the notice provided for in the preceding section, the stockholders present in person or by proxy shall organize, by choosing one of the trustees chairman of the meeting, and also a suitable person for secretary, and proceed to vote; and if, on canvassing the votes, it shall be found that votes representing at least two thirds of all the shares of stock of such company have been given in favor of increasing or diminishing the amount of capital, or [of] increasing or extending its business, or in favor of availing itself of the provisions and privileges of this act, as aforesaid, a certificate of the proceedings, showing a compliance with the provisions of this act, the business to which the company is extended or changed, and the amount to which the capital stock shall be increased or diminished shall be made out, signed, and verified by the chairman and secretary of the meeting; and such certificate shall be acknowledged by the chairman and secretary, and filed as required by the first section of this act; and when so filed, the capital of such corporation shall be increased or diminished to the amount specified in such certificate, and the business extended or changed as aforesaid, and the company shall be entitled to the provisions and privileges, and be subject to the liabilities of this act, as the case may be. SECT. 20. It shall be the duty of the trustees of every such names of stock corporation or company to cause a book to be kept by the treasurer or clerk thereof, containing the names of all persons alphabetically arranged, who are or shall have been, within six years, stockholders of such company, and showing their place of residence, and number of shares of stock held by them respectively, and the time when they respectively became the owners of such shares, every transfer of stock, and Book to open, the amount of stock actually paid in; which book shall, during the usual business hours of the day, on every day except Sunday, be open for the inspection of stockholders and creditors of the company, and their personal representatives, at the office or principal place of business of such company, in the county where its business operations shall be located; and any and every such stockholder, creditor, or representa to whose inspec• tion. No transfer valid, unless tion to book. Penalty. tive shall have a right to make extracts from such book, and no transfer of such stock shall be valid for any purpose what- entered in book. ever, except to render the person to whom it shall be transferred liable for the debts of the company, according to the provisions of this chapter, until it shall have been entered therein, as provided in this section, by an entry showing to and from whom transferred. Such book shall be presumptive evidence of the facts therein stated, in favor of the plaintiff, in any such suit or proceeding against such company, or against one or more stockholders. Every officer or agent of Neglect in relaany such company, who shall neglect to make any proper entry in such book, or shall refuse or neglect to exhibit the same, or allow the same to be inspected, and extracts to be taken therefrom, as provided by this section, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by fine not exceeding four hundred dollars, or by imprisonment not exceeding six months: and the company shall forfeit and pay for every such neglect or refusal, to the party injured thereby, all the damages resulting therefrom, and every company that shall neglect to keep such books open for inspection as aforesaid, shall forfeit and pay the sum of fifty dollars for every day it shall so neglect; to be sued for and recovered in the name of the United States, by the district attorney of the county in which the business of such corporation shall be located, or of the county to which it may be attached for judicial purposes. Company so formed, ing. SECT. 21. Any company or corporation formed and or- prohibganized under the provisions of this act, is hereby prohibited ited from bankfrom exercising any banking powers, under any pretence whatever, under a penalty of forfeiting their right of incorporation under or by virtue of this act. SECT. 22. This act shall take effect from and after its passage. Approved May 7, 1862. Take effect, when. W. JAYNE, Governor. 21 COUNTIES AND COUNTY SEATS. Boundaries of county of Bon Homme. Town of Bon Homme declared county seat. Take effect, when. CHAPTER 12. AN ACT TO ESTABLISH THE COUNTY OF BON HOMME, AND Be it enacted by the Legislative Assembly of the Territory of SECTION 1. The district of country embraced within the following described boundaries, shall be, and is hereby declared to be, a county, to be known as Bon Homme county, to wit: commencing at a point on the Missouri river, on line between ranges 57 and 58; thence along the main channel of the Missouri river to the mouth of Choseau creek; thence along the eastern and northern boundary of the Yankton Indian Reservation to the north line of township No. 96; thence east along said line to the range line between ranges 57 and 58; thence south on said range line to the place of beginning. SECT. 2. And the town of Bon Homme is hereby declared to be the county seat of the said county. SECT. 3. This bill shall take effect from and after its passage, and approval by the governor. Approved April 5, 1862. W. JAYNE, Governor. Boundaries of county of Clay. CHAPTER 13. AN ACT FOR THE ESTABLISHMENT OF CLAY COUNTY IN THE Be it enacted by the Legislative Assembly of the Territory of SECTION 1. That the district of country embraced within the following described boundaries shall be, and is hereby declared to be Clay county, to wit: commencing at the point where range line between 50 and 51 intersects the Missouri river, and following up the main channel of the Missouri river to the range line between 53 and 54 west; thence north of said line to the northern boundary of township 95; thence east of the said line to the range line between 50 and 51 west; thence west of said range line to the place of beginning. SECT. 2. This act shall be in force from and after its sage, and approval by the governor. Take effect, pas when. Approved April 10, 1862. W. JAYNE, Governor. CHAPTER 14. A BILL FOR AN ACT FOR THE ESTABLISHMENT OF COLE Be it enacted by the Legislative Assembly of the Territory of SECTION 1. That the district of country embraced within the following described boundaries shall be, and is hereby declared to be, Cole county, to wit: commencing at the confluence of the Big Sioux with the Missouri river, and following up the main channel of the Missouri river to the range line between ranges 50 and 51 west; thence north of said range lines, to the northern boundary of township 93; thence east to the Big Sioux river; thence down the main channel of the Big Sioux river to the place of beginning. SECT. 2. This act shall take effect and be in force from and after its passage, and approval by the governor. Approved April 10, 1862. W. JAYNE, Governor. Boundaries of county of Cole. Take effect, when. |