Lapas attēli
PDF
ePub

Continuation
for three years
to close con-
cerns.
1819, 43.
R. S. 44, §

22 Pick. 180. 23 Pick. 345. 16 Mass. 245. 123 Mass. 32.

185 Mass. 505.

R. S. 44, $ $ 8, 9.

G. S. 68, $$ 37, 38.

1884, 203. 157 Mass. 81. A mended.

SECTION 53. Every corporation whose charter expires by its own limitation or is annulled by forfeiture or otherwise, or whose

corporate existence for other purposes is terminated in any other G: S: 68; 36. manner, shall nevertheless be continued as a body corporate for P. S. 105,

three years after the time when it would have been so dissolved, § 41.

for the purpose of prosecuting and defending suits by or against

it and of enabling it gradually to settle and close its affairs, to 161 Mass. 443. dispose of and convey its property and to divide its capital stock,

but not for the purpose of continuing the business for which it

was established. Receivers. SECTION 54. If the charter of a corporation expires or is an1833, 145.

nulled, or if the corporation is dissolved as provided in section 1852, 55, $ 2. fifty-two, or if its corporate existence for other purposes is ter

minated in any other manner, the supreme judicial court or the P. S. 105, $ $ 42, 43.

superior court, upon application of a creditor, stockholder or member, shall have jurisdiction in equity to appoint one or more

receivers to take charge of its estate and effects and to collect the 1905, 156.

debts and property due and belonging to it; with power to prosecute and defend suits in its name or otherwise, to appoint agents under them and to do all other acts which might be done by such corporation, if in being, which may be necessary for the final settlement of its unfinished business. The powers of such receivers and the existence of the corporation may be continued as

long as the court finds necessary for said purposes. Receivers SECTION 55. The receivers shall pay all debts due from the corand distribute poration if the funds in their hands are sufficient therefor; and if surplus.

they are not they shall distribute them ratably among the credi1833, 145. R. S. 44; $ 10. tors who prove their debts in the manner directed by any decree G. S. 68. & 39. of the court for that purpose. If there is a balance remaining P. S. 105,

after the payment of the debts, the receivers shall distribute and 1 Gray, 382.

pay it to those who are justly entitled thereto as having been stockholders or members of the corporation, or their legal repre

sentatives. Surrender of SECTION 56. If a petition, signed and sworn to by a majority incorpora in number or interest of the members of a corporation organized 1898, 502. under the general laws, except a corporation created for the pur

pose of business or profit having a capital stock divided into shares or which is under the supervision of the insurance commissioner, has, with the certificate of incorporation, been filed in the office of the secretary of the commonwealth stating that such members desire to surrender the certificate of incorporation and to have the corporation dissolved and giving their reasons therefor, the secretary, if he considers such reasons sufficient, shall require the petitioners to publish a notice in one or more newspapers in

§ 44.

certificate of

tion.

the county in which the corporation is located that, for reasons which appear to him to be sufficient, the certificate of incorporation of the corporation therein named is annulled. Upon the filing by the petitioner with the secretary of a copy of each newspaper in which the notice of dissolution was ordered to be published, the corporation shall be dissolved, subject to the provisions of the three preceding sections.

SECTION 57. If a corporation is dissolved, the clerk of the Returns to court in which the decree for dissolution is entered shall forthwith secretary of make return thereof to the secretary of the commonwealth, giving D. 8.'105,

1880, 157. the name of the corporation dissolved and the date upon which $ 45. such decree was entered.

[ocr errors][merged small]

1877, 57.

PENALTIES FOR OMISSIONS TO FILE CERTIFICATES, ETC.

SECTION 84. A corporation which, being subject to the Penalties for provisions of this chapter, omits to cause to be filed any ile certificates. certificate or copy which is required by sections fifty-one, 1866, 290, fifty-four and fifty-five shall forfeit two hundred dollars, 1870, 224, to be recovered by action of tort brought in the name of the 1960, commonwealth in the county of Suffolk or in the county : S. 106, in which the corporation is established; and its president, 1887, 225 treasurer and directors, for the time being, shall in addition 1896, 369. be jointly liable in a like amount for such omission; and all forfeitures by a corporation under the provisions of this chapter may also be collected by information in equity, which may be brought in the county of Suffolk and shall be brought in the supreme judicial court in the name of the attorney general, at the relation of the commissioner of corporations; and upon such information the court may issue an injunction restraining the further prosecution of the business of the corporation named therein until such forfeitures, with interest and costs, are paid and until the returns required by this chapter are filed.

SECTION 85. If an officer unreasonably refuses to give Penalty for the certified list mentioned in section sixty-one or wilfully give certified gives a false list, he shall be liable to the judgment creditor 1864, 219, $ 2. for double the amount of all damages occasioned by such 1870, 224, refusal or false list.

P. S. 106,
$ 83.

FEES.

SECTION 86. The fees for filing and recording the cer- Fees for filing, tificates which are required by this and the preceding chap-cates. ter to be filed with the secretary of the commonwealth shall I : 106$ 84. be as follows:

1887, 225.
1896, 369.

etc., certifi

Fees for filing, For filing and recording the certificates required by seccates of organ- tions twenty and twenty-one, including the issuing of the 1863, 231, $ 2. certificate of organization by the secretary, one-twentieth

of one per cent of the amount of the capital stock as fixed by the agreement of association; but not less in any case than five (nor more than two hundred] dollars.

For filing and recording the certificate required by section fifty-four, one-twentieth of one per cent of the amount by which the capital is increased; [but the amount so to be paid shall not, if added to the amount previously paid for filing and recording certificates under the provisions of sections twenty, twenty-one and fifty-four, exceed two hundred dollars; and a corporation which has so paid two hundred dollars shall pay a fee of one dollar for each certificate thereafter filed and recorded under the provisions of section fifty-four.]

[For filing and recording the certificates required by sec

tions forty-seven and forty-eight, one dollar for each cer1879, 202, $ 2. tificate.]

[For filing and recording the certificate required by sec

tion fifty-one, five dollars.] - of change [For filing and recording the certificate required by sec1896, 523, § 1. tion ten of chapter one hundred and nine, one dollar.]

1865, 76.
1870, 224,
$ 59.
1871, 356.
Amended.
1908, 219;
382.
- of increase
of capital.
1863, 231,
§ 2.
1865, 76.
1871, 356.
1896, 523,
§ 2.
A mended.
1908, 382.

of change of business. 1875, 177, $ 4.

1895, 169.

Stricken out.

1908, 382.

- of condition, 1870, 224, § 59.

Stricken out.

1908, 382.

of name.

Stricken out.

1908, 382.

1896, 523, § 1.

Stricken out.

1908, 382.

- other cer-
tificates.
1870, 224,
§ 59.
Copies.
1870, 224,
$ 59.
Stricken out.
1908, 382.

[For filing and recording any other certificate required by law, one dollar.]

[For official copies of any of the records mentioned in this chapter, the rates now fixed by chapter two hundred and four for copies of similar records furnished by the secretary of the commonwealth.]

CHAPTER 122.
OF COMPANIES FOR THE TRANSMISSION OF ELEC-

TRICITY.
(Omitting sections relating to telegraph and telephone companies only.)

SECTIONS 1, 2, Construction of lines upon Highways.
SECTIONS 3-5. - Damages of Land Owners.
SECTIONS 6-8. — Capital and Debts. (Omitted.)
Sections 9–11. — Telegraph Companies. (Omitted.)
SECTIONS 12–14. — Telephone Companies. (Omitted.)
SECTION 15. — Damages. (Omitted.)
SECTIONS 16, 17.— Protection and Marking of Wires.
SECTIONS 18, 19. — Officers to Supervise Wires.
SECTIONS 20, 21. — Poles to be Insulated.
SECTIONS 22, 23. - Wires, etc., not to be affixed without Permission.

To be marked.
SECTIONS 24-30. — General Provisions.

153 Mass. 200.

202 Mass. 406.

CONSTRUCTION OF LINES UPON HIGHWAYS. SECTION 1. A company which is incorporated for the Construction transmission of intelligence by electricity, or by telephone, 1849, 93, 92. whether by electricity or otherwise, or for the transmission : S. 109, of electricity for lighting, heating or power, except lines 1883, 221. for heat or power by a street railway company, may, under 1888, 434. the provisions of the following sections, construct lines for Mass. 555. such transmission upon and along the public ways and 485. across any waters within the commonwealth, by the erection 182 Mass. 400. of the poles, piers, abutments and other fixtures, except 188 Mass. 253 bridges, which

may

be

necessary to sustain the wires of its lines; but shall not incommode the public use of public ways nor endanger or interrupt navigation.

[SECTION 2. The mayor and aldermen of a city or the Location, etc., selectmen of a town through which the lines of a company aldermen, etc. are to pass shall give the company a writing specifying G. S. 64, '* 3. where the poles may be located, the kind of poles and the S. 109, height at which, and the places where, the wires may run. à Gray, 387; After the erection of the lines, having first given the com- 139 Mass. 75 pany or its agents opportunity to be heard, they may direct 182 Mass. 400. any alteration in the location or erection of the poles, piers 1903, 237. or abutments and in the height of the wires. Such specifications and decisions shall be recorded in the records of

Section 2. The mayor and aldermen of a city or the granting of selectmen of a town through which the lines of a company woles and are to pass shall give the company a writing specifying cities and

the city or town.]

1903, 237.
Amended.
1906, 117.
202 Mass. 403.

where the poles may be located, the kind of poles, the height at which, and the places where, the wires may run. Any company, except street railway companies, desiring permission to erect poles, piers, abutments or other fixtures upon or along any public way shall, in writing, petition the said mayor and aldermen or selectmen therefor. A public hearing shall be held on such petition, and written notices of the time and place at which such hearing will be held shall be mailed at least three days before said hearing, by the clerk of the city or the selectmen of the town in which the petition for locations has been made, to the owners of real estate along the ways or parts of ways upon which it is proposed to construct said line, as determined by the last preceding assessment for taxation. The clerk of the city or the selectmen of the town shall endorse upon the order or specification of locations granted, his or their certificate that notices were sent and a hearing held as herein provided, and no such order or specification shall be valid without such certificate. After the erection of the lines the mayor and aldermen or selectmen may, after giving the company or its agents an opportunity to be heard, or upon petition of the company without hearing or notice, direct any alteration in the location or erection of .the poles, piers or abutments, and in the height of the wires; and no permit shall be required for renewing, repairing or replacing poles, piers, abutments or other fixtures once erected under the provisions of law. Such certificates, specifications and decisions shall be recorded in the records of the city or town.

Revised Laws, Chapter 25, $§ 52, 53, 54, 55, 83. Selectmen

SECTION 52. The selectmen may, upon terms and conditions may authorize private lines. prescribed by them, and subject to the provisions of chapter one 1869, 457, $ 2.

hundred and twenty-two, so far as applicable, authorize a person PES 27; 8 45. to construct lines for private use upon, along and under the pub

lic ways of the town for the transmission, by electricity, of light, 182 Mass. 400. or of heat or power, except such as is used by street railway

companies or for the transmission, by electricity or otherwise, of intelligence by telegraph or telephone. Upon the construction of such line, the poles and structures thereof within the location of such ways shall become the property of the town, and the selectmen may regulate and control the same, may at any time re

1883, . 1889, 434. 1895, 350.

« iepriekšējāTurpināt »