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Supplement.

Approved April 17, 1885. P. L. 1885, p. 250.

railroad or canal

re

pany dissolved,

take charge of

179. SEC. 1. That whenever the charter of any railroad when charter of or canal corporation shall be repealed, or any such rail-pealed or comroad or canal corporation shall be dissolved in any manner chancellor to whatever, the chancellor shall, upon the application of effects, &c. the attorney-general by petition in the name of the state, take charge of all the estates, effects and franchises of such corporation, and proceed to settle its affairs in conformity to the provisions of the act to which this is a supplement, and the provisions of any supplement thereto; and if justice and equity shall require, the chancellor may order and decree the estates, effects and franchises of such corporation to be sold at public sale; provided, that no Proviso. franchise of immunity from taxation, and no contract wholly or partially exempting such corporation from taxation shall be sold at such sale, or in any other manner whatever, either expressly or by implication, but the purchasers of such effects, estates and franchises shall acquire and hold the same subject to such taxation as the state may impose thereon by law.

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A Further Supplement to an act entitled "A further supplement to an act entitled 'A further supplement to an act entitled "An act concerning corporations,' approved April 7, 1875, which supplement was approved March 9, 1877.

Passed April 14, 1886. P. L. 1886, p. 226.

180. SEC. 1. Amends supplement to supplement of March 9, 1877. (Incorporated in supplement. See Secs. 134 and 168.)

Supplement to the act entitled "An act concerning corporations," approved April 7, 1875.

Approved May 11, 1886.

P. L. 1886, p. 345.
Real and per-

181. SEC. 1. That all real and personal estate of every sonal estate of manufacturing company or corporation shall be taxed the corporations,

manufacturing

how taxed.

same as the real and personal estate of an individual.

Repealer.

182. SEC. 2. That all acts or parts of acts to which this is a supplement conflicting with this act be and the same are hereby repealed, and that this act shall take effect immediately.

Supplement.

P. L. 1887, p. 99.

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Approved March 31, 1887.

183. SEC. 1. Amends section sixty-three of act of April 7, 1875. (Incorporated in section. See Sec. 63.)

184. SEC. 2. That this act shall not only apply to all proceedings in insolvency hereafter begun, but as well to any now pending where the assets have not been distributed.

Supplement.

P. L. 1887, p. 112. Who to fill vacancies

caused by death

of corporations.

Approved April 1, 1887.

185. SEC. 1. That where one or more of the incorporaof incorporators tors of any corporation created by or under any general or special act, shall have died before the corporation shall have been organized pursuant to law, the survivors or survivor may, in writing, designate other persons who may take the place and act instead of those deceased in the organization; and the organization so effected by their aid shall be as effectual in law as if the organization had been effected by all the incorporators.

Supplement.

P. L. 1887, p. 156.

Proceedings in case original certificate is de

son of omissions of matters required by law.

Approved April 9, 1887.

186. SEC. 1. That whenever the original certificate of fective by rea- incorporation filed by any association, under any general law of this state for the formation of incorporated companies is defective by reason of the omission of any matter required by law to be therein stated, or by reason of the object or objects therein expressed, in whole or part, being for a purpose or purposes not contemplated or recited in such general law in existence at the time of filing such original certificate, it shall be lawful for all the stock

holders of such association, or the legal representatives of any deceased stockholders, to make a certificate under their hands and seals, acknowledged or proved as required for deeds of real estate, setting forth a copy of the original certificate, the time and place of recording and filing the same, and reciting the omission or defective objects of incorporation as expressed in said original certificate, and supplying such omission or the true object desired by such association for the purpose or purposes of such incorporation; the same to be of the nature or character authorized by the act to which this act is a supplement, and the supplements thereto, and acts amendatory thereof; which said association, upon causing said certificate to be re-tificate to be recorded in the office of the clerk of the county where the' original certificate was recorded, which said certificate the clerk is hereby authorized to record and file in the office of the secretary of state, shall be deemed and taken to be and to have been a legal corporation for the objects stated in said certificate, to be recorded and filed from the time of filing such original certificate; provided, however, Proviso. that this act shall not in any manner affect any proceedings pending in any court.

Amended cer

corded and filed.

state to file certificate.

187. SEC. 2. That it shall be lawful for the secretary of Secretary of state to file such certificate in his office; provided, said as- proviso. sociation has paid or does pay to him for the use of the state the sum of money required to be paid upon filing amended certificates of incorporation in his office.

An Act to amend section ninety-nine of an act entitled "An act concerning corporations" [Revision], approved April 7, 1875.

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188. Amends section ninety-nine of act of April 7, 1875. (Incorporated in section. See Sec. 99.)

P. L. 1887 p. 238. Corporations authorized to lay pipes and conduits in streets, roads.

&c.

Proviso.

Proviso.

Supplement.

Approved April 30, 1887.

189. SEC. 1. That any company which shall be organized by virtue of the act to which this is a supplement, for the purpose of producing and distributing steam heat or power, shall have full authority to lay the necessary pipes and conduits beneath the public roads, highways, streets, avenues and alleys in this state; provided, however, that said pipes and conduits shall be laid at least two feet below the surface of the same, and shall not in anywise unnecessarily obstruct or interfere with public travel, or damage public or private property; and provided, also, that the consent of the board of aldermen, common council or other legislative body of any such cities, towns or townships wherein or through which it is contemplated to lay such pipes and conduits beneath such public roads, highways, streets, avenues or alleys, shall first and as a condition precedent be obtained before any of such public roads, highways, streets, avenues or alleys shall be disturbed, opened or dug up, such consent of such board to be by ordinance of such board duly adopted; that such use of public streets or highways in any of the cities, towns or townships of this state shall be subject to such regulations and restrictions as may be imposed by the common council, board of aldermen or other legislative body of such cities, towns or townships, and that the portions of the surfaces of the streets disturbed in laying the said pipes shall be immediately restored to their original condition, and that any pavements which are removed for the purpose of laying or repairing the pipes shall be restored in as good condition as they were previous thereto, and so maintained for six months after the completion of the works, and in case of failure on the part of the owners of said pipes to so restore and maintain the same, the street commissioner or other officer having supervision of the streets may properly restore and maintain the same, and the cost thereof may be recovered by

the city from the owners of said pipes in any court of competent jurisdiction.

Pipes and con

190. SEC. 2. That any pipes or conduits laid in any of duits, how laid. the public roads, highways, streets, avenues and alleys to be used for conveying steam heat or power shall be laid at a distance not less than three (3) feet from the outside of any water or gas pipe already laid, except in cases where it shall be necessary that said pipes or conduits shall cross any such water or gas pipe, and then said pipes or conduits shall be at least twelve (12) inches distant from the outside of any water or gas pipes already laid.

Supplement.

Approved February 14, 1888.

P. L. 1888, p. 34.

empowered to decrease num

191. SEC. 1. That any company or association incorpo- Corporations rated under the laws of this state by special act of incor- ber of directors. poration shall have the power to decrease the number of its directors by filing in the office of the secretary of state the assent in writing of stockholders representing twothirds in value of the existing capital stock, and a certificate setting forth the number of directors as decreased, under the hands and seals of said stockholders, which certificate shall be proved or acknowledged and recorded, as required of deeds of real estate, in the office of the clerk of the county where the principal office or place of business of such company in this state shall be established, and after being so recorded shall be filed in the filed in office of office of the secretary of state, and the certificate of the state. secretary of state that such assent and certificate have been filed in his office shall be taken and accepted as evidence of the decrease in the number of its directors, in any court of this state; provided, however, that such Proviso. assent and certificate shall be filed as aforesaid, within thirty days after the execution of the same by the said. stockholders; and provided further, that in no case shall Proviso. the number of directors in such company be decreased to less than three.

Certificate to be

secretary of

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