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Police power—(Continued).

requiring electric wires to be put underground. § 5499.
State regulation of railways by commissions. $ 5500.
compelling railroad companies to maintain stations at particular places. $ 5501.
compelling company to maintain flag stations and stop trains thereat. $ 5502.
compelling railway passenger trains to stop a given time at every station.

§ 5503.
compelling railway companies to fence their tracks. 8 5504.
compelling railway companies to establish or change highway crossings. $ 5505.
making railway companies liable for fires. $ 5506.
imposing precautions upon railway companies in the running of their trains.

5507.
controlling railway construction with a view to the public safety. $ 5508.
compelling the examination of railway employés for color blindness. $ 5509.
compelling railroad companies to light their tracks. $ 5510.
prohibiting the heating of railway passenger cars with stoves. $ 5511.
regulation of passage tickets of common carriers. § 5512.
imposing penalties for delay in delivering freight. § 5513.
prescribing the quantum of damages for railway injuries. $ 5514.
compelling railroad companies to submit claims to arbitration. $ 5515.
State and municipal regulation of street railways. $ 5516.
municipal ordinances requiring quarterly reports of street railways. $ 5517.
compelling change of motive power in street railroads. $ 5518.
inspection of turnpike roads. $ 5519.
compelling water-power company to erect a fishway. 8 5520.
regulating the use of wharves. $ 5521.
prohibiting the business of banking. $ 5522.
compelling insurance companies to report their condition, liabilities, etc.

§ 5523.
regulating the business of life insurance. $ 5524.
Police relief.

organization of society for. $ 171.
Political clubs.

organization of. § 172.
Pools.

See TRUSTS.
Power of attorney.

See AGENTS; REGISTRATION, subd. 4; TRANSFERS OF SHARES, subd. 15.
Powers.

See CORPORATE POWERS.

of directors. See DIRECTORS, subd. 5.
Possession.

Sec TITLE.

of receiver, nature of. See RECEIVERS, subd. 6.
Practice.

See PLEADINGS; PROCEDURE.
1. Matters of in actions by stockholders.

matters of practice. § 4605.
entries in corporate books not admissible against directors. § 4606.

Practice-(Continued).

what knowledge imputable to directors. § 4607.

ratification by a corporation not implied from an entry of fraudulent transactions
on its books. § 4608.

1. Matters of in actions by and against corporations.

arbitration by corporations. § 7754.

disqualification of a judge who is a member of a corporation litigant. § 7755.
disqualification of jurors by reason of membership in corporations. § 7756.
disqualification of a juror by reason of being related to a shareholder. $ 7757.
enforcement of mechanics' liens against the property of corporations. § 7758.
corporations may enforce mechanics' liens. § 7759.

who may appeal from judgments against corporations. § 7760.
questions which may be considered on such appeals. § 7761.
status as suitors of corporations owned by the State. § 7762.
Preference.

of creditors, by insolvent corporation. §§ 6492-6507.
Preferred shares.

See SHARES.

Prescription.

See CORPORATION; CREATION.

President.

1. His powers.

nature, election, and tenure of the office. § 4611.
proof of his official character. § 4612.

when his acts bind the corporation, and when not. § 4613.

corporation not bound by his acts in manifest violation of his duty. § 4614.
nor where he is acting for a third person. § 4615.

nor where he is acting for himself personally. § 4616.

two opposing theories with reference to his implied powers. § 4617.

view which ascribes to him the powers of general agent for ordinary business.
§ 4618.

view which makes his powers special and limited. § 4619.

this view applied to the presidents of banking corporations. § 4620.

what he can do under the rule which ascribes to him the powers of an ordinary
business agent. § 4621.

what he cannot do. § 4622.

grounds on which persons dealing with corporations protected. § 4623.
his authority provable by parol. § 4624.

his personal liability for breach of warranty of agency. § 4625.

larger powers inferable from usage, custom, or habit of acting. § 4626.
his powers when also general manager. § 4627.

effect of by-laws or other private instruments restraining his powers. § 4623.
his power touching the prosecution and defense of suits. § 4629.

cannot confess a judgment against the corporation. § 4630.

his power to revive debts barred by limitation. § 4631.

his power to alien corporate property. § 4632.

may acquire such power by express authorization or by usage. § 4633.
cannot assign its property for the benefit of its creditors. § 4634.
but directors can confer this power. § 4635.

President (Continued).

cannot consent to the appointment of a receiver. § 4636.
cannot release claims, stay executions, etc. § 4637.

may indorse its negotiable paper for the purpose of transfer. § 4638.

illustrative holdings. § 4639.

power to certify checks. § 4640.

whether he has power to make a promissory note. § 4641.

cannot pay claims against the corporation. § 4642.

whether purchase materials required by the company in its operations. § 4643.

whether power to borrow money. § 4644.

power to buy includes power to buy on credit. § 4645.

no power to revoke act of directors. § 4646.

cannot buy, sell, or lease land. § 4647.

when receive contracts of subscription to stock. § 4648.

when take an assignment of shares of another stockholder to secure his own debt.
§ 4649.

how execute contracts so as to bind the corporation, and not bind himself.
§ 4650.

power to use the corporate seal. § 4651.

when power to pay commissions. § 4652.

discharging the duties of other officers. § 4653.

Presumptions.
See EVIDENCE.

taking title to himself in trust for the corporation. § 4654.

his powers under particular instruments. § 4655.

how far corporation bound by his declarations and admissions. § 4656.

notice to him as affecting the corporation. § 4657.

ratification of his acts. § 4658.

things which a bank president can do. § 4659.

things which a bank president cannot do. § 4660.

authority of president in a given case, how proved or disproved. § 4661,

illustrations of the manner of proving his authority. § 4662.

evidence derived from previous ratifications of similar acts. § 4663.
2. His liabilities.

his liability for torts. § 4569.

his liability for frauds. § 4670.

his liability for mismanagement, negligence, etc. § 4671.

his obligations as a fiduciary. § 4672.

what acts are consistent with such obligations. § 4673.

what acts are inconsistent with such obligations. § 4674.

conversion of corporate property. § 4675.

personal liability on his ultra vires contract. § 4676.

criminal liability of the president of a national bank. § 4677.

when liable on the theory of breach of warranty of authority. § 4678.
3. His compensation.

no compensation for services as president, unless, etc. § 4682.

president's compensation, how fixed. § 4683.

president's compensation for services rendered outside the duties of his office.

§ 4684.

[blocks in formation]

1. Priorities among creditors of corporation.

legal priorities preserved in equity. § 3833.

judgments satisfied in the order of their date. § 3834.

whether a judgment creditor obtains a priority by the filing of his bill. §3835.
distinction as to priorities between creditors' bill and winding-up proceedings.
§ 3836.

State entitled to be preferred as a creditor. § 3837.

priority of creditor first suing stockholder. § 3838.
doctrine on this subject in Maine. §3839.

contrary view that the creditor first suing gets no priority. § 3840.

whether a stockholder can give a preference to particular creditors. § 3841.
what if creditor holds property of the corporation delivered in pledge. § 3842.
priority of a mortgage of uncalled amounts due upon stock subscriptions. §3843.
among creditors on mortgage foreclosures. §§ 6256-6268.
Procedure.

See PLEADINGS; PRACTICE.

on execution or attachment of stock shares. See SHARES, subd. 20.

to enforce liability of directors for debts. §§ 4308-4348.

to enforce stockholders' liability. §§ 3413-3476.

in creditors' suit. §§ 3526-3533.

questions of in actions to charge stockholders. §§ 3669-3676.
to enforce statutory liability of directors. §§ 4330-4348.
Proceedings.

See PRACTICE.

to appoint receiver. §§ 6873-6889.

against foreign corporations by attachment. §§ 8059-8065.
under writ of execution. §§ 7865-7869.

against foreign corporation by garnishment. §§ 8069-8081.
Process.

See SERVICE.

1. What process used in actions against corporations.

writ of summons.

§ 7495.
subpoena in equity. § 7496.

capias: warrant of arrest. § 7497.
distringas and sequestration. § 7498.

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2. Service of process on corporations generally — upon whom made.
State law governs in actions in Federal courts. § 7502.

statute must be followed in order to give jurisdiction. § 7503.
legislature may change modes of service. § 7504.

rule where there is no governing statute. § 7505.

agency of person on whom process served must appear of record. § 7506.
whether the return conclusive as to the fact of agency. § 7507.

service upon directors. § 7508.

Process_(Continued).
service upon officer after term expires, or after office resigned or abandoned.

$ 7509.
further of this subject. $7510.
service upon the president. $ 7511.
service on managing agent. $ 7512.
who not managing agents to receive such service. $ 7513.
service on general agent. $ 7514.
service upon secretary, or secretary and treasurer. 8 7515.
service upon any agent or employé. $ 7516.
service on station agents of railway companies. $ 7517.
service upon person having property in charge. $ 7518.
service on any agent in actions growing out of the business of his agency.

$ 7519.
Bervice upon a railway section foreman. $ 7520.
service upon stockholders. $ 7521.
service upon the cashier of a bank. $ 7522.
service

upon receivers. § 7523.
service upon clerk, book-keeper, etc. $7524.
service upon traveling agent. $ 7525.
what agent can accept service. 87526.
authority to accept service, how shown. $ 7527.
service upon an officer who is plaintiff in the suit. $ 7528.
service upon corporate officer temporarily within the jurisdiction. $ 7529.

substituted service on another officer where proper officer not found. $ 7530.
3. Service - place and manner of service and return.

service where made. $ 7538.
further of this subject. $7539.
statutory mode of service must be followed. $ 7540.
following the analogy of statutes. $ 7541.
manner of service, delivering copy, etc. $ 7542.
service by officer who is a member of the corporation. $ 7543.
service by publication. $ 7544.
form and sufficiency of the return. $ 7545.
objection to service and return, how made. $ 7546.

service of notice of appeal. $ 7547.
4. Service of process on foreign corporations.

what statutes relating to service of process include foreign corporations. 88019.
service upon corporations created by the concurrent action of two or more States.

§ 8020.
statutory modes of acquiring jurisdiction exclusive. $ 8021.
State statutes providing this mode of service applicable in the Federal courts.

$ 8022.
conditions of Federal jurisdiction in actions against nonresident corporations.

$ 8023.
validity of statutes providing for service of process upon any officer or agent

$ 8024.
where foreign corporation has appointed an agent to receive service under the
local statute. S 8025.

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