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ARTICLE 4.- Mine regulations. SECTION 29. It shall be the duty of the general assembly to pass Laws to be such laws as may be necessary for the protection of operative miners, passed. by providing for ventilation, when the same may be required, and the construction of escapement shafts, or such other appliances as may secure safety in all coal mines, and to provide for the enforcement of said laws by such penalties and punishments as may be deemed proper.
Coal mining is not a public employment within the doctrine of the cases subjecting public employments to regulation for the public good. This provision relates only to the enactment of police regulations to .promote the safety of miners. 117 III. 294.
STARR AND CURTIS'S ANNOTATED STATUTES OF 1896. .
ment of de.
CHAPTER 3.— Wages preferred— In administration. SECTION 70. All demands against the estate of any testator or intes- Order of paytate shall be divided into classes, in manner following, to wit:
mands. First. Funeral expenses and necessary cost of administration. Second. The widow's award, if there is a widow; or children, if there are children and no widow.
Third. Expenses attending the last illness, not including physician's bill, and demands due common laborers or household gervants of deceased for labor.
CHAPTER 32.— Cooperative associations. SECTION 135. Whenever any, number of persons not less than three Mode of incornor more than seven, may desire to become incorporated as a cooper- poration. ative association for the purpose of prosecuting any branch of industry, they shall make a statement to that effect under their hands and seals, duly acknowledged, before some officer in the manner provided for the acknowledgment of deeds, setting forth the name of the proposed corporation, its capital stock, its location, and duration of the association, and the particular branch of industry which they intend to prosecute, which statement shall be filed in the office of the secretary of state. The secretary of state shall thereupon issue to such persons license as commissioners to open books for subscription to the capital stock of such association, at such time and place as they may determine. No license shall be issued to two associations of the same name. The name of the city, village or town, in which the association may be located, shall form no part of the name.
SEC. 136. No person shall be permitted to subscribe more nor less than one share to the capital stock of such association, nor shall any person of stock to be be permitted in any manner to own or control more or less than one
held. share in such association.
Sec. 137. As soon as ten shares or more of the capital stock shall be Organization. subscribed, the commissioners shall convene a meeting of the subscribers for the purpose of electing directors, adopting by-laws and transacting such other business as shall properly come before them. Notice thereof shall be given by depositing in the post-office, properlyaddressed to each subscriber, at least ten days before the time fixed, a written or printed notice, stating the object, time and place of such meeting. Directors of associations, organized under this act shall be elected, classified and bold their office for such period of time as is provided by general law governing the election and classification of directors, trustees or managers of corporations.
Sec. 138. The commissioners shall make a full report of their pro- Report of proceedings, including therein a copy of the notice provided for in the ceedings. foregoing section, a copy of the subscription list, a copy of the by-laws
But one share Powers.
adopted by the association, and the names of the directors elected and their respective terms of office, which report shall be sworn to by at least a majority of the commissioners, and shall be filed in the office
of the secretary of state. The secretary shall thereupon issue a cerCertificate.
tificate of the complete organization of the association, making a part thereof a copy of all papers filed in his office in and about the organization of the corporation, and duly authenticated under his hand and seal of state; and the same shall be recorded in the office of the recorder of deeds in the county in which the principal office of such association is located. Upon the recording of said copy the association shall be deemed fully organized and may proceed to business. Unless such association shall be organized and shall proceed to business within three years after the date of such license, the license to form such association shall be deemed revoked, and all proceedings thereunder shall be void.
Sec. 139. Associations formed under this act shall be bodies corporate and politic for the period for which they are organized; may sue and be sued; may have a common seal, which they may alter or renew at pleasure; may own, possess and enjoy so much real and personal estate as shall be necessary for the transaction of their business, and may sell and dispose of the same when, in the opinion of the shareholdere, it is not required for the uses of the association. They may borrow money at legal rates of interest and pledge their property, both real and personal, to secure payment thereof, and may have and exercise all powers necessary and requisite to carry into effect the objects
for which they may be formed. Board of direct- Sec. 140. The corporate power shall be exercised by a board of
directors, the number of which shall be fixed by the by-laws of the association, but the number may be increased or diminished by a
majority of the shareholders at any properly called meeting. The offiOfficers. cers of the association shall consist of a president, vice president, sec
retary and treasurer, to be elected by the shareholders at their annual meeting, as may be provided for in the by-laws of the association, who shall be elected at some regular meeting of the shareholders, as may be by by-laws provided. All by-laws of the association shall be
adopted by the shareholders of the association. Compensation Sec. 141. No officer or director shall receive any compensation for of offioers, etc.
his services, except such as may be provided for in the by-laws of the association. It shall be the duty of the secretary to be present at all meetings of the directors, and meetings of the shareholders, and faithfully make and preserve a record of all the proceedings of such meetings, which record shall be kept in a suitable place accessible to the inspection of any shareholder. He shall be the bookkeeper of the association; he shall keep the accounts between the association and the individual shareholders, officers and agents thereof, and between the association and all parties with whom it may transact business, and such other duties as may be imposed upon him by the by-laws of
the association. Valueofshares. SEC. 142. The shares of stock shall not be less than $50, nor more
than $2,000 per share, and subscriptions therefor shall be made payable to the association and in installments, and at such time or times as shall be determined by the shareholders, and an action may be maintained in the name of the association to recover any installment which shall remain due and unpaid for the period of thirty days after personal demand therefor; or, in cases where personal demand is not made, within thirty days after a written or printed notice has been
deposited in the post-office, properly directed to the post-office address Payments, for- of the shareholder. The association may, by by-laws, prescribe other feiture, etc. penalties for a failure to pay the installments that may from time to
time become due, but no penalty working forfeiture of stock, or the amount paid thereon, shall be declared against any shareholder until the personal demand or written or printed notice, above provided for, shall have been made. Whenever a share of stock shall be forfeited, such share shall then become the property of the association, and may be reissued to any person not already holding a share. But any proceeds received from such reissue, over and above the amount due on such share, by the association, shall be paid to the delinquent shareholder.
Sec. 143. Every assignment or transfer of stock, on which there Assign mente, remains any portion unpaid, shall be recorded in the books of the liability, etc. association, and each shareholder shall be liable, jointly with the association as well as severally, for the debts of the association, to the extent of the amount that may be unpaid upon the share held by him. No assignor of a share shall be released from any such indebtedness by reason of any assignment of his share, but shall remain liable therefor jointly with the assignee and the association or severally, until the stock is fully paid up. Every assignee of a share shall be liable for the amount unpaid thereon, the same as if he had been an original shareholder. No assignment shall be made to any person who already holds a share. No assignee or transferee of stock shall have any equitable or legal title in the same, or have the right to vote at any shareholders' meeting until such assignment or transfer shall be recorded as above provided for. On no question shall any shareholder have more than one vote.
Sec. 144. All dividends of profits made by any association, incor- Division of porated under this act, shall be made in proportion to the amount of profits. work performed, or product produced by each shareholder, and the association shall decide hy by-law whether each shareholder's work or product shall be measured by the piece or by the day or hour, or may classify the work and measure some by the piece, some by the day and some by the hour, as the exigencies of the case may demand. The association shall also provide by by-law how different kinds of piecework shall be rated, and how piecework shall be rated with day or hour work; shall provide how and by whom all kinds of work shall be received as properly executed from the shareholders for the association; shall provide the manner of giving out material to the different shareholders with which to work, and as to what position or location shall be assigned to each shareholder and by whom. Should any shareholder be dissatisfied with the decision upon his work, or with the material given him, or the position or location assigned him, he may appeal to the association at some regular meeting of the shareholders, whose decision shall be final. The association may provide by by-law how such appeal may be conducted. If, in any kind of industry, it should be impossible to assign all shareholders to equally advantageous positions or locations in work, the association may provide that shareholders shall periodically change places, or provide any other method of equalizing such matters in accordance with justice and equity.
Sec. 145. It shall be unlawful for the association to hire any person Employmentof to engage in the principal business for which the association was organized to prosecute, it being the intent of this act that such labor shall be performed by the shareholders of the association to preserve the cooperative feature. It shall be lawful for any shareholder, in case he shall be detained from work by sickness of self or family, or very urgent business, to employ and furnish a competent substitute to perform such labor as would be assigned to the absent shareholder; and in such case the dividends shall be made to such shareholder the same as if he was present performing his labor himself. The association shall not be liable in any manner for the pay of such substitute. Sec. 146. Whenever any shareholder may die, his share shall, Death of share
holder. become a personal asset of his estate, and may be sold by his legal representative to any person, or may be awarded as a dividend of the estate to any person competent to work the share, or to any devisee or legatee competent to work the share, not already a shareholder, and the same may be assigned or transferred in the same manner and subject to the same regulations prescribed in section 9 of this act. Such legal representative shall have the right to furnish a competent substitute to work the share of such deceased person for the space of two years after the death of the deceased, unless the same shall have been sooner sold or awarded as an estate dividend, or devise or legacy, as in this section provided, and during the time such substitute may be furnished, such legal representative, for the use of the estate, shall be entitled to vote, receive dividends and shall inure to all the benefits to wbich the deceased, if living and working his share, would have been entitled. Whenever such share shall become a part of the widow's allowance in the course of the administration of the estate of any
Substitute. deceased shareholder, she may furnish a competent substitute to work
such share, and shall be entitled to all privileges, dividends, etc., to which her husband would have been entitled, so long as she may desire to hold such share. She shall also have the privilege to sell the same whenever she may desire under the provisions of section 9, of
this act. Increase of Sec. 147. Any association, licensed to operate under this act, may membership. increase its membership of shareholders in such manner as it may by
by-law provide, not inconsistent with any of the provisions of this act. Power Sec. 148. The general assembly hereby reserve the power to preserved.
scribe such regulations and provisions governing any and all associations incorporated under this act, as it may deem advisable, such regulations and provisions to be binding on associations incorporated at the time such regulations may be made as well as those thereafter
incorporated. Powers survi. SEC. 149. All associations organized under this act, whose powers ving charter pe- may have expired by limitation or otherwise, shall continue their cor- .
porate capacity during the term of two years, for the purpose only of collecting debts due the association, and selling and conveying the property and effects thereof, and during such time shall be capable of prosecuting and defending suits in law or equity. The dissolution, for any cause whatever, of any association incorporated under this act shall not take away or impair any remedy given against such association, its shareholders, officers or agents, for any liabilities incurred
previous to dissolution. Access to books. SEC. 150. It shall be the duty of the directors of any association
to cause to be kept at its principal office or place of business in this State, correct books of account of all its business, and every shareholder of such association shall have the right at all reasonable times, by himself or his attorney, to examine the records and books of account
of the association. Failure to elect Sec. 151. A failure to elect directors or officers or both, on the day officers.
designated in the by-laws, or on the day for which notice was given for election, shall not have the effect of dissolving the association, but
such election may be held at any time after proper notice. Assessments. SEC. 152. All assessments or installments of the unpaid or partly
unpaid shares of stock of any association shall be levied by the directors in accordance with the provisions of the by-laws, but any assessment or installment, required to be paid, shall be levied pro rata upon
all the shares of stock. Liability forin- SEC. 153. If the indebtedness of any association shall exceed the debtedness.
amount of its capital stock, the directors and officers of such association, assenting thereto, shall be individually liable for such excesses
to the creditors of such association. Paying divi- Sec. 154. If the directors or officers or agents of any association dends when in-shall declare and pay any dividend, when such association is insolvent, solvent.
or any dividend the payment of which would diminish the amount of the capital stock, all directors, officers and agents assenting thereto shall be jointly and severally liable for all debts of such association then in existence, and for aíl which shall thereafter be contracted
while they shall respectively continue in office. Meetings of Sec. 155. The board of directors shall hold stated meetings not less directors. frequent than once each month, as may be provided by the by-laws,
and when such officers shall be present at any meeting, however called or notified, or shall sign a written consent on the record of such meeting, the acts of such meeting shall be as valid as if legally called and notified. All directors' meetings must be held within the limits of
this State. Meetings of SEC. 156. The shareholders of every association shall hold regular shareholders. meetings not less frequently than once each month, as may be pro
vided by the by-laws, and shall be presided over by the president of the association, or, in his absence, the vice president shall preside, and
in his absence the meeting may elect a president pro tempore, who shall Quorum. preside during that meeting. It shall require a majority of all the
shareholders entitled to vote to be present, either in person or by written proxy, to constitute a quorum to transact business, but a smaller number may adjourn from time to time if they desire, or until the next regular meeting.
Sec. 157. No hy-law shall be adopted, amended or repealed except By-laws, votby an affirmative vote of a majority of all the shareholders entitled to ing, etc. vote. Such vote shall be taken by a call of the roll of shareholders by the secretary of the meeting noting the responses, whether aye or no, opposite their respective names, and which vote shall be spread upon the records of the proceedings. Votes upon other questions may be viva voce, showing of hands or a division of the house, unless three shareholders, by themselves or proxy, shall call for the ayes and noes, when, in such case, the roll shall be called and the aye and no vote taken. If, in calling the roll upon any question, less than a quorum votes, the pending question shall still remain as undecided until a quorum shall vote upon the question. Any proposition to amend, repeal or enact any by-law must set forth the by-law as amended, or the one repealed or the new one proposed, and be read at large in open meeting, and its consideration postponed until the next meeting, unless a majority of all the shareholders of the association shall, on an aye and no vote, be in favor of considering the question at once.
Sec. 158. If any association, or its authorized agents, shall do or Forfeiture of refrain from doing any act which shall subject it to a forfeiture of its charter for cause. charter or corporate powers, or shall allow any execution or decree of any court of record for a payment of money after demand made by the officer, to be returned "no property found,” or to remain unsatisfied thirty days after such demand, or shall dissolve or cease doing business, leaving debts unpaid, suits in equity may be brought against all persons who were shareholders at the time, and liable in any way for the debts of the association, by joining the corporation in such suit; and after the assets of the corporation shall have been exhausted, each shareholder may be required to pay his pro rata share of such debts to the amount of his unpaid stock, or to any extent to which he may by law have become individually liable. Sec. 159. Courts of equity shall have full power, on good cause
Dissolution of shown, to dissolve or close up, or take charge of the business of any ciations.
insolvent association for the benefit of the creditors, to appoint a receiver therefor, who shall have authority, by the name of the receiver of such association (giving the name), to sue in all courts, and do all things necessary to close up its affairs, or to make the money charged against it and restore it back to the shareholders of the association, as may be commanded by the decree of court. Said receiver shall be a citizen of the State of Illinois, and shall enter into bonds payable to the people of the State of Illinois for the use of all parties interested, in such penalty and with such sureties as the court may, in the decree or order appointing the same, require.
CHAPTER 38.- Boycotting and blacklisting. SECTION 96. If any two or more persons conspire or agree together, Conspiracy to or the officers or executive committee of any society or organization
establish boyor corporation shall issue or utter any circular or edict as the action of cott, etc. or instruction to its members, or any other persons, societies, organizations or corporations for the purpose of establishing a so-called boy, cott or black list, or shall post or distribute any written or printed notice in any places, with the fraudulent or malicious intent wrongfully and wickedly to injure the person, character, business or employment, or property of another,
or to do any illegal act injurious to the public trade, health, morals, police, or administration of public justice, or to prevent competition in the setting of any contract by the State or the authorities of any counties, city, town or village, or to induce any person not to enter into such competition, shall be deemed guilty of a conspiracy; and every such offender, Penalty. whether as individuals or as the officers of any society or organization, and every person convicted of conspiracy at common law, shall be imprisoned in the penitentiary not exceeding five years, or fined not exceeding $2,000, or both.
A circular by a business association directing members not to do business with A for an alleged default toward another member held not actionable. 54111. App. 233.
To call out members of a trade union in order to procure the discharge of nonunion employees is not in itself a wrongful and wicked act for which prosecution can be had under this statute. 30 C. L. N. 212.