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and the certificate of the amount of any such increase, within thirty days thereafter, shall be filed in the offices of the Surveyor General and the clerk or clerks of the county or counties in which such bridge is located, which certificate shall be authenticated by the signatures and oaths of a majority of said Directors.

houses liable to

SEC. 168. So much of any such bridge or toll-house constructed by Bridges and tollvirtue of this chapter, as shall be within any town, city, or village, taxation. shall be liable to taxation in such town, city, or village, as real

estate.

company to cease

corporate.

SEC. 169. Every company incorporated under this chapter, shall cease to be a body corporate: 1. If within six months from their In what events filing their articles of association, they shall not have commenced the to be body construction of their bridge, and actually expended thereon at least ten per cent. of the capital stock of such company: 2. If within three years from the filing of such articles of association, such bridge shall not be completed according to the provisions of this chapter: 3. If, in case the bridge of such company shall be destroyed, it shall not be reconstructed within three years thereafter.

Secretary to

SEC. 170. It shall be the duty of the President and Secretary of President and every corporation formed under this chapter, to report annually to the report annually. Surveyor General and the County Clerk where the papers are filed, under oath, the cost of their bridge; the amount of all moneys expended; the amount of their capital stock, and how much paid in, and how much actually expended; the amount received during the year for tolls, and from all other sources, stating each separately; the amount of dividends made, and the amount of indebtedness of such company, specifying the object for which the indebtedness accrued; and such other particulars in respect to the business affairs of such corporation as the said Surveyor General, or the legislature, or either branch thereof, require to be so reported.

of construction

subscription.

SEC. 171. When any bridge may be in process of construction by Bridges in course private subscriptions, at the time of the passage of this chapter, the by private subscribers may organize into a corporation pursuant to the provisions of this chapter, with the same power and privileges as if such bridge had not been so commenced.

ject to examina

SEC. 172. All companies formed under this chapter shall, at all Companies subtimes, be subject to visitation and examination by an officer or agent, tion, etc. in pursuance of law, or by the legislature, or by a committee appointed by either House thereof.

to be made.

SEC. 173. Every report required to be made by the 170th section Reports-when of this chapter, shall be made in the month of January in each year, and shall show, in respect to the particulars required therein to be set forth, the affairs and business of the corporation, making the

Penalty for neglecting to report.

Trustees may be appointed of churches and

certain associations, etc.

Certificate of

appointment of Trustees to be made.

Such certificate to be recorded.

same, at the close of the year ending on the thirty-first day of December next preceding the time of making the same, and shall be published in the nearest newspaper four weeks; and every corporation formed under this chapter, which shall neglect to make such report as is thereby required, shall forfeit to the people of this state, for every such neglect, the sum of two hundred dollars; and for every week such corporation shall neglect to make such report, after the expiration of the time within which it is required, as aforesaid, to make the same, it shall forfeit, as aforesaid, the further sum of fifty dollars. The Surveyor General shall report to the Attorney General every such forfeiture, by whom the same shall be sued for and recovered, with the costs in the name of the people; and the certificate of the said Surveyor General of any such neglect, shall be presumptive evidence thereof; and if any such river, water course, or lake, now so navigable, shall hereafter be rendered navigable up stream, by vessels or steamboats, power to require such bridge to be altered or removed, is reserved to the legislature.

CHAPTER VIII.

RELIGIOUS AND OTHER ASSOCIATIONS AND SOCIETIES.

SECTION 175. (1) It shall be lawful for all churches, congregations, religious, moral, beneficial, literary or scientific associations or societies, by such methods as their rules, regulations, or discipline may direct, to appoint or elect any number not less than three, nor more than nine, as trustees or directors, to take charge of the estate and property belonging thereto, and to transact all affairs relative to the temporalities thereof.

SEC. 176. Upon the appointment or election of such trustees or directors, a certificate of such appointment or election shall be executed by the person or persons making the appointment, or the Judges holding the election, stating the names of the trustees or directors. The names by which the said trustees shall thereafter for ever be called and known, shall be particularly mentioned and specified.

SEC. 177. Such certificate shall be acknowledged by the person making the same, or proved by a subscribing witness thereto, before some officer authorized to take acknowledgment of deeds, and recorded, together with the certificate of such acknowledgment or proof, by the Clerk of the county within which such church, congregation, religious, moral, beneficial, literary, or scientific society or association shall be situated.

(1) Section 174 repealed.

Trustees.

SEC. 178. Such trustees or directors may have a common seal, and Powers of such may alter the same at pleasure; they may take into their possession and custody, all the temporalities of such corporation, whether the same shall consist of real or personal estate, and whether given, granted, or devised, directly or indirectly, to such society or association, or to any person or persons for their use; they may sue and be sued; may recover and hold all the debts, demands, rights and privileges, all churches, burying places, halls, school houses, hospitals, or other buildings, all the estates and appurtenances belonging to such association or society; they may have, lease, and improve the same, erect all houses or buildings that are necessary to carry out the objects of the society or association, and perform all duties imposed on them by the regulations, rules, or discipline of such organization. SEC. 179. It shall be lawful for the County Court of the county Order for real in which any such corporation shall have been constituted, on the application of such corporation, if such shall deem it proper, to make an order for the sale of any real estate belonging to such corporation, and to direct the application of the moneys arising therefrom to such uses as the said corporation, with the approbation of said court, shall conceive to be for the interest of such corporation.

estate.

tions confirmed.

SEC. 180. Every corporation of the character aforesaid, heretofore Certain corporaincorporated, or in pursuance of law, and not since dissolved, shall be and is hereby established and confirmed; and in case of the dissolution of any such corporation, or any corporation hereafter to be formed in pursuance of the provisions of this chapter, for any cause Dissolved corpowhatever, the same may be incorporated under the provisions of this incorporated. chapter, at any time within six years after such dissolution: and thereupon all the estate, real and personal, formerly belonging to the same, and not lawfully disposed, shall rest in such corporation, as if there had been no such dissolution.

rations may be

to pass to

SEC. 181. All lands, tenements, and hereditaments, that have been Real estate, etc., or may hereafter be lawfully conveyed by devise, gift, grant, pur- successors. chase, or otherwise, to any persons, as trustees in trust for the use of any such organization, shall descend, with the improvements, in perpetual succession to, and shall be held by such trustees, in trust for such organizations, provided the amount of real estate held by such society shall never exceed the amount named in the following section.

SEC. 182. (1) The real estate held by the trustees in trust for such Real and personal organization shall in no case exceed four whole lots in a town or city, Trustees.

(1) Amendment inserted from Stat. 1852, page 168.

property held by

Trustees to report annually.

Officers of religious denominations

or twenty acres in the county, nor shall the annual income of such real and personal property held in trust by them exceed the sum of ten thousand dollars.

SEC. 183. It shall be the duty of said trustees annually, to make a full report of all property real and personal held in trust by them, and of the condition of the corporation, to the society or association, by which they have been appointed or elected, a copy of which report shall be filed in the County Clerk's office where the original certificate is filed, with an affidavit of the truth of such report, and also that such association or corporation has not been engaged, directly or indirectly, in any other business than such as is set forth in the original certificate on file.

SEC. 184. (1) Whenever the rules, regulations, and discipline of any religious denomination, society or church require for the adminisbody corporate. tration of the temporalities thereof, and the management of the

may become a

Provisions.

estate and property thercof, it shall be lawful for the bishop, chief priest, or presiding elder of such religious denomination, society or church, to become a sole corporation, in the manner prescribed in this chapter, as nearly as may be, and with all the powers and duties, and for the uses and purposes in this chapter provided for religious incorporations, and subject to all the conditions, limitations and provisions in said chapter prescribed: Provided, that for proof of the appointment or election of such bishop, chief priest, or presiding elder, it shall be sufficient to record with the clerk of the county in which such bishop, chief priest, or presiding elder resides, the original, or a copy of his commission, or certificate, or letters of election, or appointment duly attested; and that all property held by such bishop, chief priest or presiding elder, shall be in trust for the use, purpose and behoof of his religious denomination, society or church; and that the limitation in section one hundred and eighty-two, shall not apply to incorporations formed under this section; and Provided, also, that the District Judge of the district in which any incorporation is formed under this chapter, shall at all times have access to the books of such incorporation.

Certain persons

may be formed into a

corporation.

[blocks in formation]

SECTION 185. One or more persons, being subscribers to the stock of any contemplated company for the purpose of navigating the ocean,

(1) Amendment inserted from Stat. 1852, page 168.

or any bay, river, or stream within this state, with vessels propelled in whole or in part by steam, may be formed into a corporation for that purpose by complying with the following requirements: When stock to the amount of one fourth part of the whole capital stock of such company, shall have been in good faith subscribed for, and ten per cent. thereof actually paid in, they may make, sign, and acknowledge, before some officer competent to take the acknowledgment of deeds in this state, a certificate in writing, and file the same in the office of the Secretary of State; and a duplicate thereof with the County Clerk of each county wherein may be situated the port or ports hereafter in this section mentioned, in which shall be stated the corporate name of said company, and the objects for which the company shall be formed; the amount of the capital stock of the said company; the amount subscribed for, and the amount actually paid in; the term of its existence, not to exceed fifteen years; the number of shares of which the said stock shall consist; the number of directors or trustees, and their names, who shall manage the concerns of the company for the first year, and the name of the port or ports in this state where the principal business of said company is to be transacted.

SEC. 186. When the certificate shall have been filed as aforesaid, On filing certifi cate, parties who the persons who shall have signed and acknowledged the same, and signed same to become a body their successors, shall be a body politic and corporate in fact and in politic. name, by the name stated in such certificate; and by that name have succession, and be capable of suing and being sued in any court of law or equity in this state; and they or their successors may have a common seal, and make and alter the same at pleasure; and they shall, by their corporate name, be capable in law of purchasing, holding, or conveying any real or personal estate whatever, which may be necessary to enable the said company to carry on the operations named in such certificate.

company to be

Directors.

SEC. 187. The stock, property, and concerns of such company shall Business of be managed by any number not exceeding fifteen directors, or trus- managed by tees, who shall respectively be stockholders in such company, and a majority of whom shall be residents of this state, and who shall, except the first year, be annually elected by the stockholders at such time and place as shall be directed by the by-laws of the company; and a public notice of the time and place of holding such election, shall be published not less than twenty days previous thereto; and the election shall be made by such stockholders as shall attend for that purpose, either in person or by proxy; all elections shall be by ballot, and each stockholder shall be entitled to as many votes as he owns shares of stock in said company; and the persons receiving the

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