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268. When a minor is poor, homeless, chargeable to the county or state, or an outcast who has no visible means of obtaining an honest livelihood, the superior court may, with his consent, bind him as an apprentice during his minority. Proceedings therefor may be instituted by any citizen, and no fee must be charged by any officer for any act in connection therewith. In all indentures by the court for binding out an orphan or homeless minor as an apprentice there must be inserted, among other things, a clause to the following effect that the master to whom such minor is bound must cause him to be taught to read and write and the ground rules of arithmetic, ratio and proportion, and must give him the requisite instruction in the different branches of his trade or calling, and at the expiration of his term of service, must give him or her fifty dollars in gold, and two whole new suits of clothes, to be worth in the aggregate at least sixty dollars gold. 1905-561.

269. A master must not remove his apprentice out of the state, and must pay and deliver to him the money, clothes, and other property to which he is entitled under the indenture of apprenticeship, to be held by him as his sole property. 1905-562.

270. Parents and guardians and such court must, from time to time, inquire into the treatment of children bound by them respectively, or with their approval, and the judges of such courts are responsible for the charge of apprentices bound by a court, or with its approval, and must defend them from all cruelty, neglect, breach of contract, or misconduct on the part of their masters. 1905-562.

271. The superior court must hear the complaints of apprentices who reside within the county against their masters, alleging undeserved or immoderate correction, insufficient allowance of food, raiment, or lodging, want of instruction in the different branches of their trade or calling, or that they are in danger of being removed out of the state, or any violation of the indenture of apprenticeship, and the court must hear and determine such case and make such order therein as will relieve the party in the future. 1905–562.

272. The superior court has power, where circumstances require it, to discharge an apprentice from his apprenticeship, and, in case any money or other thing has been paid or contracted to be paid by either party in relation to the apprenticeship, the court must make such order concerning the same as seems just and reasonable. If the apprentice so discharged was originally bound by the superior court, it must, if found necessary, again bind such minor, if under age. 1905-562.

273. Every master is liable to an action on the indenture for a breach of any covenant thereof on his part. All damages recovered in such action, after deducting necessary charges in its prosecution, belong to the minor, and must be applied and appropriated to his use by the person recovering it in his behalf, and must be paid to the minor, if a male, at the age of twenty-one years, and if a female, at the age of eighteen years. If no action is brought during the minority of the apprentice, it may be commenced by him in his own name at any time within two years after his coming of age. 1905-562.

274. An apprentice who is guilty of any gross misbehavior, or refusal to do his duty, or willful neglect thereof, is liable to the complaint of his master in the superior court of the county wherein the apprentice resides. Such complaint must set forth the circumstances of the case, and have attached thereto a citation, signed by the clerk of the court, requiring him and all persons who have covenanted in his behalf to appear and answer the complaint within ten days after the service thereof. The complaint and citation must be served in the

manner required for serving civil process. When the parties have answered, or when, though they have not answered, the time therefor allowed after the service of the complaint has expired, the court must proceed to hear and determine the cause, and, if the evidence warrants it, may render judgment that the master be discharged from the contract of apprenticeship and for costs of suit. Such costs may be recovered from the parent or guardian of the minor, if there is any who signed the indenture, and execution therefor may issue accordingly. If there is no parent or guardian liable for such cost, execution may be issued therefor against the minor, or the amount thereof may be recovered in an action against him after he arrives at full age. He is also liable to the master in an action on the indenture for the breach of any covenant on the part of the apprentice contained therein, committed before the master was discharged from the indenture. 1905-562.

275. It is unlawful for any person to entice, counsel, or persuade to run away any apprentice, or to harbor, or conceal him, knowing him to be a runaway. Any party so offending is guilty of a misdemeanor, and may be fined not more than one hundred dollars, to be recovered by the master in any court having jurisdiction. 1905563.

276. Whenever any master wishes to remove out of the state, or to quit his trade or business, he must appear with his apprentice before the superior court of the county in which the latter resides, and if the court is satisfied that the master has done justice to the apprentice for the time he has had charge of him, the court has power to discharge the master from the indenture and to again bind the apprentice, if necessary. 1905-563.

TITLE 1.

II.

III.

IV.

V.

VI.

VII.

VIII.

IX.

X.

XI.

XIa.

XII.

XIIa.

XIII.

XIV.

XVI.

XVII.

XVIII.

XIX.

XX.

XXI.

XXII.

PART IV.

CORPORATIONS

GENERAL PROVISIONS APPLICABLE TO ALL COR-
PORATIONS.

INSURANCE CORPORATIONS.

RAILROAD CORPORATIONS.

STREET RAILROAD CORPORATIONS.

WAGON-ROAD CORPORATIONS.

BRIDGE, FERRY, WHARF, CHUTE AND PIER COR-
PORATIONS.

TELEGRAPH AND TELEPHONE CORPORATIONS.
WATER AND CANAL CORPORATIONS.

HOMESTEAD CORPORATIONS.

SAVINGS AND LOAN CORPORATIONS.
MINING CORPORATIONS.

CORPORATIONS FOR THE FORMATION OF CHAM-
BERS OF COMMERCE, BOARDS OF TRADE, ME-
CHANIC'S INSTITUTES, AND OTHER KINDRED
ASSOCIATIONS.

RELIGIOUS, SOCIAL AND BENEVOLENT CORPORA-
TIONS.

SOCIETIES FOR THE PREVENTION OF CRUELTY
TO CHILDREN AND ANIMALS.

CEMETERY CORPORATIONS.

AGRICULTURAL FAIR CORPORATIONS.

LAND AND BUILDING CORPORATIONS.

COLLEGES AND SEMINARIES OF LEARNING.

CONSOLIDATION OF COLLEGES AND INSTITUTIONS
OF HIGHER EDUCATION.

CO-OPERATIVE BUSINESS CORPORATIONS.

CO-OPERATIVE BUSINESS ASSOCIATIONS.

NON-PROFIT, CO-OPERATIVE AGRICULTURAL, VI-
TICULTURAL AND HORTICULTURAL
TIONS.

ASSOCIA

NON-PROFIT, CO-OPERATIVE CORPORATIONS.
NON-PROFIT, CO-OPERATIVE ASSOCIATIONS, WITH
OR WITHOUT CAPITAL STOCK.

TITLE I.

General Provisions Applicable to all Corporations.

Chapter I. Formation of Corporations.

II. Corporate Stock.

III. Corporate Powers.

IV. Extension and Dissolution of Corporations.
V. General Provisions Affecting Corporations.
VI. Foreign Corporations.

CHAPTER I.

Formation of Corporations.

Article I. Corporations Defined and How Organized.
II. By-laws, Directors, Elections and Meetings.

[blocks in formation]

289. Name of instrument creating 295. Oath of officer to subscrip

[blocks in formation]

283. A corporation is a creature of the law, having certain powers and duties of a natural person. Being created by the law, it may continue for any length of time which the law prescribes.

284. Corporations are either public or private. Public corporations are formed or organized for the government of a portion of the state; All other corporations are private. 1873-197.

285. Private corporations may be formed by the voluntary association of any three or more persons in the manner prescribed in this article. A majority of such persons must be residents of this state. 1905-502.

286. Private corporations may be formed for any purpose for which individuals may lawfully associate themselves. 1873-198.

287. Any corporation existing on the first day of January, one thousand eight hundred seventy-three, formed under the laws of this state, and still existing, which has not already elected to continue its existence, under the provisions of this code applicable thereto, may, at any time hereafter, make such election by the unanimous vote of all its directors, or such election may be made at any annual meeting of the stockholders, or members, or at any meeting called by the directors expressly for considering the subject, if voted by stockholders representing a majority of the capital stock, or by a majority of the members, or may be made by the directors upon the written consent of that number of such stockholders or members. A certificate of the action of the directors, signed by them and their secretary, when the election is made by their unanimous vote, or upon the written consent of the stockholders or members, or a certificate of the proceedings of the meeting of the stockholders or members, when such election is made at any such meeting, signed by the chairman and secretary of the meeting and a majority of the directors, must be filed in the office of the secretary of state and thereafter the corporation shall continue its existence under the provisions of this code which are applicable thereto, and shall possess all the rights and powers, and be subject to all the obligations, restrictions, and limitations prescribed thereby. When a corporation formed for an unlimited period of time has heretofore elected or shall hereafter elect to continue its existence under the provisions of this code by complying with the provisions of this section, the term of existence of such corporation shall be fifty (50) years from the date of filing the certificate mentioned in this section with the secretary of state. The secretary of state shall forthwith issue a certified copy of said certificate and transmit said copy to the county clerk of the county in which the principal place of business of the corporation was situated at the time said corporation was incorporated which copy shall be filed by said county clerk upon payment of the fee prescribed by law. A copy of such certificate, certified by the secretary of state, shall be filed by such corporation in the office of the county clerk of every county in which said corporation has or holds real property. Any corporation which shall fail to comply with the requirements of the preceding sentence shall be subject to the penalties and liabilities provided in section two hundred ninety-nine for a failure of corporations to file copies of their articles of incorporation with the county clerks of the counties in which they shall purchase, hold or locate real property. 1925-816.

288. No corporation formed or existing before twelve o'clock, noon, of the day upon which this code takes effect, is affected by the provisions of part four, of division first of this code, unless such corporation elects to continue its existence under it as provided in section two hundred and eighty-seven; but the laws under which such corporations were formed and exist are applicable to all such corporations, and are repealed, subject to the provisions of this section.

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