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ble to such corporation, person or persons for the cost and expense of breaking such jams, and such corporation, person or persons shall have a lien on such logs, lumber or timber for the cost and expense thereof, and may proceed to collect such charges, costs and expenses in the same manner and in all respects as provided by section 1495 of this article, and may hold a sufficient amount of such logs, lumber or timber to satisfy such charges and expenses. (R. S. 1889, § 2896.)

SEC. 1497. Shall report, what-penalty. The president and secretary of every such corporation shall annually, in the month of April, make a report, duly verified by the oath of the officer signing the same, and containing: First, the amount of capital stock of the corporation actually paid in; second, the amount invested in real and personal estate; third, the amount of debts and credits of the corporation, and the present value of its real and personal estate as near as may be; fourth, the total amount of receipts from all sources and expenditures for all purposes of the corporation for the preceding year; fifth, the amount of dividends declared and paid to stockholders on the business of such preceding year; sixth, the surplus remaining after the payment of such dividends and expenses; seventh, the name of each stockholder and the number of shares held by him at the date of such report. Every such report shall be filed with the secretary of the association, and also in the office of the county clerk of the county in which the business office of said association shall be located, and shall be open at all reasonable times to the examination of any and every stockholder and all other persons interested in the facts therein stated; and if the said president and secretary of such corporation shall intentionally neglect or refuse to make or to file such report, they shall severally be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars. (R. S. 1889, § 2897.)

SEC. 1498. Governed by general corporation law.-Corporations organized under this article shall, in all respects wherein no provision is made, be governed by the provisions of article I of this chapter. (R. S. 1889, § 2898.)

SEC. 1499. Shall not obstruct crossings and ferries.-Nocorporation, person or association of persons having constructed a boom across or in any of the streams or waters of this state shall receive or assent to the accumulation of any logs, lumber or other timber therein when the same shall obstruct the crossing of any public highway over such stream, or the passage of any ferry boat at any licensed ferry thereon; and for every violation of the provisions of this section such person or corporation shall, on conviction, be punished by a fine of not exceeding two hundred dollars. (R. S. 1889, § 2899.)

SEC. 1500. Damages for back-water-attorney's fee.-— Every corporation, person or association of persons who shall construct a boom across or in any of the streams or waters of this state shall be liable for all damages arising from back-water or overflow caused by the construction of such boom or the accumulation of logs, lumber or other floatables therein, and in all cases where judgment is rendered in any court for any damages occasioned as herein provided, the court shall allow the plaintiff a reasonable attorney's fee, to be taxed as costs in the case. (R. S. 1889, § 2900.)

SEC. 1501. Taxation.-All personal property of any corporation organized under this article shall be liable to taxation in the county where it may be used or permanently located. (R. S. 1889, § 2901.)

SEC. 1502. Shall mark logs, how.-Every person, copartnership or corporation, who shall put any logs, lumber or other timber into any river or other waters in this state, for the purpose of rafting or floating the same to any other place, shall have some mark or marks previously selected, approved and recorded in the manner hereinafter specified, impressed in a conspicuous place upon the end or surface of each of said logs, piece of lumber or stick of timber so put into any of the aforesaid waters. (R. S. 1889, § 2902.)

SEC. 1503. Marks recorded.-Before any such mark shall be used, it shall be the duty of every such person, copartnership or corporation intending to use the same, to cause a diagram and complete description thereof, signed by such copartnership, person or corporation, to be recorded in the office of the clerk of the county court of each county through which such river or water may run. Such mark shall be different from any mark which shall have been prior thereto adopted and recorded by any other person or corporation in any such county. (R. S. 1889, § 2903.)

SEC. 1504. Marks-duty of clerk-fees.-The clerk of the county court shall examine such mark and diagram, and if different from any other mark recorded in his office, he shall record the same in a well-bound book, which shall be open to the inspection of any person requiring it, and the clerk shall be allowed the sum of fifty cents for recording each mark, to be paid in advance by the party having the same recorded. (R. S. 1889, § 2904.)

SEC. 1505. Mark, presumption of ownership.-All logs, lumber or other timber, having any such recorded mark impressed or fixed thereon, shall be presumed to belong to the person or corporation in whose name said mark shall have been recorded. (R. S. 1889, § 2905.)

SEC. 1506. Defective mark-jurisdiction of clerk-fees. Upon complaint made to the county clerk that any mark recorded is similar to a mark recorded in said county prior thereto, or that such mark is defective and not in compliance with this statute, and upon ten days' written notice to the party using such similar or defective mark, which notice shall state the time of the hearing thereof, the clerk shall have jurisdiction to hear and try the question whether said mark is similar to a prior recorded mark, or is defective, and if so found he shall enter his judgment in the record of marks, and thereafter the party shall have no right to use the same, or if he finds the mark is not similar nor defective he shall enter such finding, and either party may appeal from such decision to the circuit court of the county, in the same manner and with the same effect as appeals are prosecuted from the judgment of justices of the peace; like fees and costs shall be allowed in such proceedings as in trials in justices' courts, to be paid by the losing party, and recovered by execution, which may be issued by said clerk. (R. S. 1889, § 2906.)

SEC. 1507. No one shall take boomed or floating timber. No person other than the owner thereof, or his agent, shall take possession, drive, run, or in any way dispose of any log, spile, railroad tie, or other timber or lumber floating upon, lying or being in any river or other waters in this state, or in any boom therein, or on the shores or banks thereof. (R. S. 1889, § 2907.)

SEC. 1508. Nor cut off mark.-No person other than the owner or his agent shall cut off, cut out, alter, deface or destroy any mark made upon any log, railroad tie or other timber or lumber lying

or being in any of the rivers or waters of this state, or in any boom therein, or on or near the shores or banks thereof. (R. S. 1889, § 2908.)

SEC. 1509. Nor place his own mark thereon.-No person other than the owner or his agent shall make or place, or cause to be made or placed, any mark upon any log, railroad tie or other timber or lumber upon or in any river or other waters in this state, or in any boom therein, or on or near the shores or banks thereof. (R. S. 1889, § 2909.)

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SEC. 1510. Nor forge other person's marks. No person shall fasely make, forge or counterfeit any such mark, or use any mark in marking logs or other timber, knowing the same to be the mark of another person or corporation. (R. S. 1889, § 2910.)

SEC. 1511. Penalty last four sections.-Any person violating any of the four preceding sections shall be deemed guilty of a misdemeanor, and on conviction, punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or both such fine and imprisonment. (R. S. 1889, § 2911.) SEC. 1512. Damages.-Any person who shall, by himself or employe, without the consent of the owner thereof, take and convert to his own use, any log, spile, railroad tie or other timber or lumber not his own, floating upon, lying or being in any river or other waters in this state, or in any boom therein, or on or near the shores thereof, shall be liable in double damages, to the party injured, to be recovered by civil action by the owner thereof. (R. S. 1889, § 2912.)

SEC. 1513. Power of search-penalty for obstruction of search. It shall be lawful for any person or corporation owning any logs, spars, railroad ties or other timber or lumber, or the agent of any such person or corporation, to search and examine any rafts of logs and any railroad ties, logs, lumber or other timber, whether in rafts or booms, or wherever situate in any of the waters of this state, or on the shores thereof, to ascertain whether any logs, timber or lumber belonging to such person or corporation may be there found; and any person who shall willfully obstruct or hinder any person engaged in such search or examination shall be punished by a fine of not less than twenty nor more than five hundred dollars, or imprisonment in the county jail not more than six months, or by both such fine and imprisonment. This section shall not be deemed to give authority to break any rafts, or land or otherwise stop any such rafts, logs or other timber, without first obtaining a writ or warrant therefor from some court having jurisdiction to grant the same. (R. S. 1889, § 2913.)

SEC. 1514. May recover drifted timbers, how.-Whenever any logs, lumber, railroad ties, boards or other timber, in rafts or otherwise, shall be drifted or float upon any island in any of the waters or streams of this state, or upon the banks or shores of such waters or lands adjacent thereto, the owner of such logs, lumber, railroad ties, boards or other timber, or any person or corporation entitled to the possession thereof, may, at any time within six months, remove the same by paying or tendering to the owner of such bank, shore or lands such reasonable damages as may have been caused by such occupancy and removal, and if the amount of such damages cannot be agreed upon, may make and deliver to the owner of such shores, banks or lands a bond in such penal sum and with such sureties as shall be approved by the clerk of the circuit court of the county, conditioned for the payment of all damages which may have been caused by the drifting or floating of such logs, railroad ties, boards, lumber or other tim

ber upon such shores, banks or lands, and the removal thereof. Such bond shall be fixed by the clerk upon the affidavit of the party, or his agent or attorney, owning such lumber, logs, railroad ties or other timber, of the value and amount of the same, and the damages sustained to such land, and that will be sustained by such removal, and such bond shall be in at least double the amount of the probable damages to such land: Provided, that the owner of the land may file with the clerk a like affidavit of the probale amount of such damages, which shall also be considered; and upon the execution and delivery of such bond, such owner or his agent may enter upon said land and remove such lumber, logs, ties or other timber therefrom, and thereafter any action for such damages shall be brought upon such bond. If such lumber, logs, ties, boards or other timber shall not be removed within six months from the time the same is drifted or floated upon said land, the owner thereof shall be deemed to have forfeited all right thereto to the owner of the land where the same may have drifted or lodged: Provided, however, that no forfeiture shall accrue under this section until the owner of said land or his agent shall have given thirty days' notice, by publication in some weekly newspaper published in said county, or if no newspaper is published in said county, then in the nearest weekly newspaper thereto, giving a description of such logs, lumber or other timber, the marks on the same, if any, and the date when drifted or lodged upon said land as near as may be known, and the place where drifted or lodged; and the expense of such publication shall be paid by the owner of such logs, lumber, ties or other timber, if removed by him: Provided, that such notice shall not be given until such lumber, logs, ties or other timber shall remain on said land for thirty days; and provided further, that if the land upon which such logs, ties, lumber or other timber may be lodged or drifted shall be improved, cultivated lands, the notice herein provided for may be given at any time after the same has remained on said land ten days, and in such case the forfeiture herein provided for shall be deemed to be complete after the lapse of three months from the time such logs, lumber, ties or other timber may be drifted or lodged on such land and remain unremoved; and provided further, that from lands where it is desired and needful to at once cultivate, the owner or occupier thereof may immediately remove such logs, lumber or other timber to some other place on his said land not needed or desired for use or cultivation, where the same shall be subject to the provisions of this section as upon improved, cultivated lands, and the reasonable cost of such removal shall be deemed a portion of the damages herein provided for; but such removal shall be made so far as practicable as to facilitate the restoration of such logs, lumber or other timber into the stream from whence it came. (R. S. 1889, § 2914.)

SEC. 1515. Liability of directors for paying unearned or unreasonable salary.-If the directors of any corporation organized under the provisions of this chapter and article shall pay any of their officers, managers or superintendent any unearned or unreasonable salary, such director or directors shall be jointly and severally liable to each and every stockholder, in proportion to stock held, for the amount of unearned or unreasonable salary so paid, and the same may be recovered by law in any court having jurisdiction: Provided, that any director not voting for the payment of such salary, but protesting against it, shall in no manner become liable. (Laws 1895, p. 100.)

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SEC. 1516. Express companies declared common carriers. All companies or corporations doing an express or carrying business over any of the railroads now operated and run or which may be hereafter operated and run in the state of Missouri, are hereby declared to be and are common carriers within the meaning of the constitution. (Laws 1893, p. 122.)

SEC. 1517. To file schedules of rates of charges with railroad and warehouse commissioners.-Within sixty days. after this article shall become a law, all express companies or corporations doing an express carrying business over any of the railroads now operated and which may hereafter be operated in the state of Missouri, shall be and are hereby required to file with the state board of railroad and warehouse commissioners a complete and specific schedule of their classifications of all matter and merchandise received by them for carriage and transportation, together with a detailed statement of their rates of charges in each of the classes into which their freight and express matter, as above, is divided; and if there be any rules or regulations which change, determine or affect any part of the aggregate of such rates and charges, such rules and regulations shall accompany such schedule; and if any two or more of such express companies doing business in this state as aforesaid, have joint rules and regulations and charges for the exchange of articles of express or other matter so carried by them, the said rules and regulations and schedule of charges shall also be filed with the said board of railroad and warehouse commissioners within the time specified above. (Laws 1893, p. 122.)

SEC. 1518. Board of railroad and warehouse commissioners to regulate classifications and charges.-The board of railroad and warehouse commissioners, when said schedule of classifications and charges shall have been filed as above required, shall, if said classifications and charges be deemed unjust and unreasonable, have full power and authority to alter and amend the classifications, and to establish and fix maximum rates of charges (and such rates established by the railroad and warehouse commissioners shall be prima facie evidence that such rates are reasonable) for all kinds and classes of such articles as may be received for carriage and transportation by any such express company or corporation doing business in this state, having regard to the distance or distances any such articles may have to be so carried or transported, and to compel the said companies or corporations to exchange business at all railroad crossings or junctions, when freight or passenger depots are or may be established, and to establish equitable rates between such companies or corporations so exchanging articles in transit. And no company or

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