386 upon request. 1838, 98, § 4. 9 Cush. 192. ited to creditors custody of the records of transfers of shares, upon the written of a creditor of the general owner of stock pledged or transferi exhibit to him the record of such transfer; and in case of ref of loss to the creditor by reason thereof, the corporation shall for the amount of the loss. Property of for subject to legal SECT. 15. Corporations created by any other state, having eign corporations in this state, shall be liable to be sued and their property shall b to attachment in like manner as residents of other states havin 3 Met. 420, 564. erty in this state are liable to be sued and their property to be a The service of the writ shall be made in the manner provided d in one hundred and twenty-three and one hundred and twentysuch further service as the court to which the writ is returna order. 99 Mass. 272. Stockholders lia ble for debts due for labor within ceding demand, &c. 1851, 133, § 15. 1855, 146, § 1. SECT. 16. (S.) [The stockholders of every corporation o under an act of incorporation passed since the eleventh day of six months pre- the year one thousand eight hundred and thirty-one, or which is 1 organized under any special or general act, for manufacturing, n cal, mining, or quarrying business, cutting and storing ice, or of gas, shall be jointly and severally individually liable for a that may be due or owing to all the laborers, servants and app (S.) Superseded of the corporation for service performed by themselves, thei or minor children, as operatives for such corporation, within six next preceding the demand made for such debt; and for the r thereof as well as to obtain contribution therefor in case of payı any stockholder, the party entitled may have an action of against the party or parties liable to pay or contribute.] 3 Allen, 485. by 1870, 224, $$ 38-40. Remedy against officers, &c. 32 R S. 44, § 22. 8 Cush. 93. SECT. 17. (S.) [When the officers, stockholders, or membe R. S. 38, §§ 31, corporation, or any of them, are liable for any of its debts, or f acts or omissions respecting its business, or when some of them a to contribute for money paid by others on account of such deb or omissions, the party entitled may, instead of any remedy of (S.) Superseded provided, maintain a suit in equity in the supreme judicial court 13 Ailen, 455. 106 Mass. 131. by 1870, 224, $$ 38-40. Executor, &c., not liable as stockholder, 1838, 98, § 1. 9 Cush. 192. &c. SECT. 18. (S.) [Persons holding stock in a corporation as ex administrators, guardians, or trustees, shall not be personally su any liabilities as stockholders; but the estates and funds in thei shall be liable in like manner and to the same extent as the t intestate, ward, or person interested in the trust fund, would be by 1870, 224, § 44. were respectively living and competent to act and held the s their own names.] (S.) Superseded List of unclaimed dividends, &c., 1837, 56. See 1871, 262. SECT. 19. Each corporation in this state shall once in eve to be published. years publish in some newspaper in the city of Boston, and also i newspaper, if there is any, in the county where the corporation i lished, a list of all dividends and balances which have remain claimed for two years or more, with the names of the persons to credit the dividends or balances stand; which publication shall tinued in three successive papers. Certain corpora turns of stocks, and register names, &c. 1843, 98, § 1. SECT. 20. (R.) [Banks, insurance companies, corporations mer tions to make re- in chapters sixty and sixty-one, railroad, bridge, turnpike, canal, and &c., to assessors, duct corporations, shall register the names and residences of their holders, and all changes therein of which they are notified; shal no certificate to a purchaser until he informs the corporation actual place of residence, and shall annually between the first and days of May return by mail or otherwise to the assessors of each town in the state in which any shareholder in the corporation on the first day of said month, the name of each shareholder so re with the number of shares belonging to him on said day, and t 1850, 308, § 1. 1851, 133, 12. 1853, 33, 78. 1855, 466, § 1. 1856, 252, § 17. 1859, 227. (R.) Repeal and substitute. 1864 201 881 6 ment on the first day of May, and of machinery as last assessed to it in the city or town where its place of business is situated.] ance companies laterals substitute. See 1872, 321 SECT. 21. (R.) [Banks and insurance companies shall at the same Banks and insurtime and in like manner make return to the assessors of each city and to return coltown in the state in which any borrower of money on collateral security 1849, 110. resided on the first day of May in that year, of the number of shares of 1955, 252, § 17. corporate stocks of all kinds then held by them as collateral security (al and for the debt or liability of such person, giving the name of the person, 184.201. $$ 1,6. the number of shares, the denomination of the stocks, and the par and cash market value thereof, if known.] SECT. 22. (R.) [If a corporation refuses or neglects to make the re- Penalty turns required by the two preceding sections or makes a false return, it shall forfeit for every offence a sum not less than fifty nor more than one thousand dollars, to the use of the city or town in which the shareholder resides, to be recovered in an action of tort.] 1850, 308, § 2. 1855, 466, 1 &e 1859, 227. SECT. 23. (R.) [If a shareholder fraudulently transfers a share in either of the corporations mentioned in section twenty, to avoid taxation, he shall forfeit to the use of the city or town in which he resides 1843, 98, § 3. 1851, 133, § 12. one-half of the par value of the shares thus transferred to be recovered 1853, 78. in an action of tort; and if he wilfully misinforms the corporation re- 13 Gray, 539. specting his name or place of residence, or having changed his residence (R.) Repeal and to another city or town in this state, wilfully omits to give imme- 1864, 201, §§ 4,6. diate notice thereof to the corporation, he shall forfeit a sum not exceeding one hundred dollars.] SECT. 24. When damages have been assessed in favor of any person, either by an order of county commissioners or by the verdict of a jury, for an injury sustained in his property by the doings of any turnpike or other corporation (except railroads) authorized to receive toll, and the damages remain unpaid for thirty days after the order or verdict, such person may have a warrant of distress against the corporation for the damages assessed, together with interest thereon and his reasonable costs. substitute. tress against corporations for Warrants of dis damages, &c. R. S. 44, $ 20. 1847,259,8 5. how attached on 5 Cush. 509. SECT. 25. The franchise of a turnpike or other corporation author- Franchise, &c., ized to receive toll, and all the rights and privileges thereof, shall be mesne process; liable to attachment on mesne process; and when such attachment or R. S. 44, § 11. other service of mesne process is made on a corporation, the officer 11 Allen, 71. serving the same shall leave an attested copy of the process and his return thereon with the clerk, treasurer, or some one of the directors, of the corporation, fourteen days at least before the day of the sitting of the court to which the same is returnable. may be sold on execution, &c. SECT. 26. When a judgment is recovered against a turnpike or other corporation authorized to receive toll, its franchise, with all the R. s. 44, § 12. rights and privileges thereof, so far as relates to the receiving of toll, and also all other corporate property, real and personal, may be taken on execution or warrant of distress and sold by public auction. SECT. 27. The officer having such execution or warrant of distress shall, thirty days at least before the day of sale of any franchise or other corporate personal property, give notice of the time and place of sale, by posting up a notification thereof in any city or town in which the clerk, treasurer, or any one of the directors, dwells, and also by causing an advertisement of the sale, expressing the name of the creditor, the amount of the execution, and the time and place of sale, to be inserted three weeks successively in some newspaper published in any county in which either of said officers of the corporation dwells, if any such there is; the last of which publications shall be at least four days before the day of sale. Mode of sale, &c. R. S. 44, § 13. journed. SECT. 28. The officer who levies an execution or warrant of distress Sale may be admay adjourn the sale for a time not exceeding seven days, and so from Rs. 44, § 14. time to time until the sale is completed. Who shall be deemed highest bidder. R. S. 44, § 15. Officer's return to of toll, &c. R. S. 44, § 16. SECT. 29. In the sale of such franchise, the person who satisfies the execution or warrant of distress with all legal fees and expenses thereon, or who agrees to take such franchise for the shortest period of time, and to receive during that time all such toll as the corporation would by law be entitled to demand, shall be considered as the highest bidder. SECT. 30. The officer's return on the execution or warrant of distress transfer the right shall transfer to the purchaser all the privileges and immunities which by law belonged to the corporation so far as relates to the right of demanding toll; and the officer shall immediately after the sale deliver to the purchaser possession of all the toll-houses and gates belonging to the corporation, in whatever county the same are situated; and the purchaser may thereupon demand and receive to his own use all the toll which accrues within the time limited by the term of his purchase, in the same manner and under the same regulations as the corporation was before authorized to demand and receive the same. Purchaser to have same reme as corporation. R. S. 44, § 17. 1852, 312, SECT. 31. A person who has purchased the franchise of any turnpike dies for damages or other corporation under a sale upon execution or warrant of distress, and the assignee of such person, may recover in an action of tort any penalties imposed by law for an injury to the franchise or for other cause, and which such corporation would have been entitled to recover during the time limited in the purchase of the franchise; and during that time the corporation shall not be entitled to prosecute for such penalties. Liabilities to continue. R. S. 44, § 18. Corporation may R. S. 44, § 19. SECT. 32. The corporation whose franchise has been so sold shall in all other respects retain its powers, be bound to the discharge of its duties, and liable to the same penalties and forfeitures, as before the sale. SECT. 33. The corporation may at any time within three months redeem franchise. from the time of sale redeem the franchise by paying or tendering to the purchaser the sum that he paid with twelve per cent. interest thereon, but without any allowance for the toll which he has received; and upon such payment or tender the franchise and all the rights and privileges thereof shall revert and belong to the corporation as if no such sale had been made. Proceedings, where had. R. S. 44, § 21. Corporations may be dissolved 1852, 55, §§ 1, 3. SECT. 34. All proceedings respecting attachments and the levy of executions or warrants of distress may be had in any county in which the creditor, president, treasurer, clerk, or a director, of the corporation resides. SECT. 35. When a majority in number or interest of the members of a corporation desire to close their concerns, they may apply by petition to the supreme judicial court, setting forth in substance the grounds of 7 Gray, 119, 406. their application, and the court, after due notice to all parties interested, may proceed to hear the matter, and for reasonable cause decree a dissolution of the corporation. Corporations so dissolved shall be deemed and held extinct in all respects as if their charters had expired by their own limitation. 9 Gray, 34. to continue three years after charter expires, to close concerns. R. S. 44, § 7. 16 Mass. 245. 1 Greenl. 79. See Ch. 57, § 106. When corpora tions expire, &c., receivers to be appointed. R. S. 44, $8. 1852, 55, $2. 7 Met. 595. See 1864, 208. 1526483 SECT. 36. Corporations whose charters expire by their own limitation or are annulled by forfeiture or otherwise, shall nevertheless be continued bodies corporate for the term of three years after the time when they would have been so dissolved, for the purpose of prosecuting and defending suits by or against them, and of enabling them gradually to settle and close their concerns, to dispose of and convey their property, and to divide their capital stock; but not for the purpose of continuing the business for which they were established. SECT. 37. When the charter of a corporation expires or is annulled, or the corporation is dissolved as provided in section thirty-five, the supreme judicial court on application of a creditor, stockholder, or member, at any time within said three years, may appoint one or more persons to be receivers or trustees to take charge of its estate and effects, and collect the debts and property due and belonging to it; with power alteration or R. S. 38, § 36. incorporation passed after the eleventh day Certain charters housand eight hundred and thirty-one, shall to be subject alteration, or repeal, at the pleasure of the repeal ration, notwithstanding such repeal, shall be R. S. 44, 23. of sections thirty-six and thirty-seven of this 6 Cush. 424. nent, alteration, or repeal, shall not take away 13 Gray, 239. ly which may exist by law consistently with 103 Mass. 254. = corporation, its members or officers, for any 104 Mass. 446. ed. 109M.103.506 4 Gray, 234. 4 Allen, 198. ITLE XV. L POLICE OF THE COMMONWEALTH. the Settlement of Paupers. the Support of Paupers by Cities and Towns. Alien Passengers and State Paupers. the Maintenance of Bastard Children. County Receptacles for Insane Persons. Timber Afloat or Cast on Shore. CHAPTER 79. — Of Lost Goods and Stray Beasts. CHAPTER 80.— Of Unclaimed Property Transported by Common Carriers. CHAPTER 81. CHAPTER 84. Of Wrecks and Shipwrecked Goods. - Of the Preservation of Certain Birds and Animals. Of the Observance of the Lord's Day. CHAPTER 85.- Of Gaming. CHAPTER 86. — Of the Manufacture, Sale, &c., of Intoxicating Liquors. CHAPTER 88. — Of Licenses, and Municipal Regulations of Police. Settlements, how acquired; R. S. 45, § 1. 105 Mass. 293. by married women; R. S. 45, § 1. 9 Mass. 201. 12 Mass. 353. 13 Allen, 88. 18 Pick. 264. by illegitimate children: 13 Mass. 381. 8 Cush. 75. 8 Allen, 551. by living on freehold estate; 14 Mass. 384. 2 Pick. 29. 3 Met. 165. 5 Met. 350. 13 Met, 192. 4 Cush, 172. by being assessed; SECTION 1. Legal settlements may be acquired in any city or town, so as to oblige such place to relieve and support the persons acquiring the same, in case they are poor and stand in need of relief, in the manner following, and not otherwise, namely: First. A married woman shall follow and have the settlement of her husband, if he has any within the state; otherwise her own at the time of marriage, if she then had any, shall not be lost or suspended by the marriage. Second. Legitimate children shall follow and have the settlement of their father, if he has any within the state, until they gain a settlement of their own; but if he has none, they shall in like manner follow and have the settlement of their mother, if she has any. Third. Illegitimate children shall follow and have the settlement of their mother at the time of their birth, if she then has any within the state; but neither legitimate nor illegitimate children shall gain a settlement by birth in the place where they may be born, if neither of their parents then has a settlement therein. Fourth. Any person of the age of twenty-one years, being a citizen of this or any other of the United States, and having an estate of inheritance or freehold in any place within the state, and living on the same three years successively, shall thereby gain a settlement in such place. 8 Cush. 525. 1 Gray, 619. 13 Gray, 93. 16 Gray, 395. 6 Allen, 481. 9 Allen, 137. See 1868, 228. Fifth. Any person of the age of twenty-one years, being a citizen of this or any other of the United States, and having an estate, the prin15 Mass. 160, 253. cipal of which shall be set at two hundred dollars or the income at 11 Mass. 327. 22 Pick. 385. 24 Pick. 166. 8 Met. 428. 4 Met. 178. 5 Met. 350. 4 Cush. 557. 11 Cush. 292. by serving one year in twelve dollars in the valuation of estates made by assessors, and being assessed for the same, to state, county, city, or town taxes, for five years successively in the place where he dwells and has his home, shall thereby gain a settlement therein. Sixth. Any person being chosen and actually serving one whole year in the office of clerk, treasurer, selectman, overseer of the poor, |