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exposing to sale, any goods, wares or merchandize, of the growth, produce or manufacture of any foreign country, unless he shall have obtained a license as a hawker and pedler, in the manner herein after directed.

2 R. L., 228, § 1 & 2; Laws of 1840, ch. 70. S 2. Every person desirous to obtain a license as a hawker License, or pedler, shall apply to the secretary of this state, and shall plied abor. deliver to him a note in writing, signed by such applicant, or his authorized agent, and stating in what manner the applicant intends to travel and trade, whether on foot, or with one or more horses, or other beasts of burthen, or with any sort of carriage, or boat.

S 3. Every such applicant for a license as a hawker or Duties to pedler, before he shall be entitled to a license, shall pay into be the treasury the following duties : If he intend to travel on foot, the sum of twenty dollars for one year's license; if he intend to travel and carry his goods with a single horse, or other beast carrying or drawing a burthen, or with a boat, or boats, the sum of thirty dollars for one year's license; and if he intend to travel with any vehicle or carriage drawn by more than one horse, or other animal, the sum of fifty dollars for a year's license: which several sums shall be reduced proportionally for any shorter term not less than six months.

Laws of 1840, ch. 70. S 4. It shall be the duty of the secretary of state, upon the ho payment of his fees, to grant to every such applicant, who ed. shall deliver to him, with the notice above required, the receipt of the treasurer, countersigned by the comptroller, showing the payment of the proper duties, a license under his seal of office, and signed by himself, or his deputy, authorising such applicant to travel and trade within this state as a hawker, or pedler, in the manner stated in the notice so delivered, for the term of one year from the date of such license.

S 5. Such licenses may be issued at any time, for any term And when. : not less than six months, nor more than one year, and every license granted, or to be granted, shall be renewed on the expiration thereof by the secretary of state, if such renewal be applied for, on the same terms and conditions that the original license was granted.

(576) $ 6. Every person who shall be found travelling and trading Penalty for

Pe peddling within this state, contrary to the provisions of the first section of without this Title, or contrary to the terms of any license that may have been granted to him as a hawker, or pedler, shall, for each offence, forfeit the sum of twenty-five dollars, to the use of the poor of the town in which the offence shall be committed.

2 R. L, 229, $ 4. S 7. Every person so trading, who shall refuse to produce a Penalty for

refusing to license as a hawker or pedler, to any officer or citizen who produce shall demand the same, shall, for each offence, forfeit the sum of ten dollars, to the overseers of the poor of the town in

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which the demand shall be made, for the use of the poor therein; and every such offender, who, after notice, shall refuse or neglect to pay the above penalty, shall be committed by the justice before whom the conviction shall be had, to the jail of the county in which the offence shall have been committed, for the term of one month.

$ 8. Any citizen may apprehend and detain any person who shall be found trading as a hawker or pedler, without license, or contrary to the terms of his license, or who shall refuse to produce a license, in violation of the provisions of this Title ; and may convey the offender before any justice of the peace in the town or county in which he shall be apprehended. It shall be the duty of the overseers of the poor of the several towns of this state to enforce the provisions of the law in the manner herein prescribed whenever any violation thereof within their respective towns shall come to their knowledge.

2 R. L., 230; Laws of 1840, ch. 70. S 9. It shall be the duty of such justice, if a sufficient license to authorise such trading be not produced to him, and the fact of trading be proved to him, either by the confession of the person so apprehended, or the oath of competent witnesses, to convict the offender of such offences against this Title, as shall be so confessed or proved; and to issue his warrant on each conviction, directed to some constable of the county in which the conviction shall be had, commanding such constable to cause the sum of twenty-five dollars, with costs not to exceed five dollars, to be forthwith levied by distress and sale, at public vendue, of the goods, wares and merchandize of the offender. The monies collected on such warrant, exclusive of the costs, shall be paid by the justice, to the overseers of the poor of the town in which the offence shall have been committed.

2 R. L., 230, $ 7, 8, & 9. § 10. In every case of a prosecution against any person for the recovery of any penalty given in this Title, no costs shall be allowed to the defendant, if it shall appear that before the commencement of the prosecution, such defendant had refused to produce his license, or to disclose his name when lawfully required; nor in such case shall the defendant be entitled to maintain any action, against the person prosecuting him, or the constable, or other persons by whom he may have been apprehended, or the justice issuing any warrant or other process against him, or before whom he may have been tried, for any of their acts in so prosecuting, apprehending, or trying him.

2 R. L., 230, 8 6 & 8. $ 11. No suit or prosecution for the recovery of any penalty imposed in this Title, shall be maintained, unless it shall appear to be brought within sixty days after the commission of the offence charged.

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$ 12. Every person who shall be sued for putting in execu- mention tion this Title, or doing any matter or thing pursuant to its and ovi

denca provisions, may plead the general issue, and give the special matter in evidence; and if the plaintiff in any such suit shall not prevail, the defendant shall be entitled to recover treble costs.

See Laws of 1840, ch. 70.

CHAP. XVIII.
Of Incorporations.

(Took effect January 1, 1828.)
TITLE 1. — Of turnpike corporations.
TITLE 2. — Of monied corporations.
TITLE 3. — Of the general powers, privileges, and liabilities of corpora.

tions.
TITLE 4. - Special provisions relating to certain corporations.

TITLE I.

OF TURNPIKE CORPORATIONS.
ART. 1. ~ Of the mode of incorporating turnpike companies, and of the choice

and powers of the directors.
ART. 2. — Of the construction of the road, and of the appraisement of damages.
Art. 3. — Of tolls, and their collection.
Art. 4. — General provisions embracing corporations now existing.

ARTICLE FIRST.
OF THE MODE OF INCORPORATING TURNPIKE COMPANIES, AND OF THE

CHOICE AND POWERS OF THE DIRECTORS.
Szo. 1. Persons incorporated to make a turnpike, to be a body corporate.

2. Commissioners to receive subscriptions.
3. Subscribers to pay ten per cent. on amount subscribed.
4. Commissioners to give notice of election for directors.
5. Directors to be elected by a plurality of votes.
6. Commissioners to deliver to directors, subscription books and monies.
7. Election to be held annually; at each, persons to preside at next to be chosen.
8. If election not held on any day fixed by law, may be on some other day, &c.
9. Persons presiding at election to estimate votes, and declare result.
10. Stockholders to vote according to number of shares held by them.
11. Five directors may transact business.
12. Directors to elect one of their number president."
13. Board to supply vacancies.
14. Powers and duties of the president and directors.
15. For what causes, the company shall cease.

(578) 16. Corporation may be dissolved by the legislature.

S 1. All such persons as shall hereafter be incorporated by Corporar an act of the legislature, for the purpose of making a turnpike ted. road, shall be a body corporate, by the name given in the act of incorporation ; and as such, they and their successors shall have power to purchase, hold and enjoy such real and personal

TITLE 1

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subscrip tion.

choosing directors.

be elected.

estate, not exceeding the amount to be prescribed in such act, as shall be necessary to fulfil the ends of their incorporation.

1 R. L., 228, § 1. Books to be $ 2. Each of the persons who shall be named in such act,

as a commissioner for receiving subscriptions, shall furnish himself with a book for that purpose, which shall be kept open for two years, unless one-sixth of the whole number of

shares shall be sooner subscribed. Payment on $ 3. Each subscriber shall pay to the commissioner receiving

his subscription, and at that time, on each share that he shall subscribe, one-tenth of the sum fixed in the act of incorporation, as the amount of one share, and the residue to the president and directors to be elected, at such time and place, as they shall from time to time require. The shares subscribed shall be deemed and considered to be personal estate.

1 R. L., 228, $ 2; 1 Cai., 381; 9 J. R., 357; 1 H., 518. Notice of $ 4. As soon as one-sixth part of the whole number of

shares fixed in such act, as the capital of the corporation, shall have been subscribed, the commissioners shall, by advertisement to be published in two of the public newspapers printed nearest to the route of the road, give at least thirty days' notice, of the time and place, when and where, the

subscribers shall meet to choose directors. Directors to $ 5. At the election so appointed, the commissioners present

shall preside; and the subscribers present, or their proxies, by a plurality of votes, shall elect by ballot nine stockholders,

to be directors of the corporation for the ensuing year. Books and $ 6. The commissioners shall deliver their respective subdelivered to scription books, to the directors So chosen at their first

meeting, and shall then pay over to such directors, the monies received by them, respectively, on such subscriptions.

$ 7. An election for directors shall thereafter be annually held, on the same day of the same month on wbich the first election was held; and at each election, including the first, the stockholders present, by a plurality of votes, shall elect by bal

lot, three persons, to preside at the next succeeding election. How if not · S 8. If an annual election shall not be held on the day fixed

by law, it shall be held in the same manner, and with the like effect, on some early day, to be appointed by the directors

then in office, who shall give and publish the same notice (579) thereof, as is required in respect to the first election; and

who, after the day on wbich such election ought to bave been held, shall be incapacitated from doing any act as directors, except such as may be necessary to give effect to the election so to be appointed.

$ 9. The persons presiding at each election, shall immepresiding oficer.

diately after receiving the ballots, openly estimate the votes, and thereupon make and subscribe a certificate of the result. Of the first election, they shall make a return to the directors chosen, at their first meeting thereafter.

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$ 10. Each stockholder, in person or by proxy, shall, at each election, be entitled, on the shares then held by him, to one voting. vote for each share, to the number of ten, and for every five shares above that number, to one additional vote.

$ 11. Five directors shall be a board for the transaction of Quorum. business, and the acts of a majority of the board shall bind the corporation.

$ 12. The directors, at their first meeting after their election, President. shall elect by ballot one of their number as president.

S 13. The board shall supply every vacancy that may occur Vacancies. in the office of a director, and the person chosen shall hold his office until the next annual election. They shall also supply from the directors, every vacancy that shall occur in the office of president; and one of the members present shall be chosen by a plurality of votes, to preside at every meeting of the board, from which the president shall be absent.

§ 14. The president and directors shall have power, and it Duties and shall be their duty,

1. To meet from time to time, at such place as they may deem expedient:

2. To make such by-laws, rules and regulations, as in their judgment, the affairs of the corporation shall require :

3. To appoint such subordinate officers, artists and workmen, as they shall deem necessary to execute the business of the corporation :

4. To continue to receive subscriptions of shares, until their whole capital stock shall be subscribed, unless it shall have been ascertained, that a less sum will be sufficient to fulfil the ends of their incorporation :

5. To demand at such time and in such proportion as they shall see fit, from the respective stockholders, the sums of money due on their respective shares, under pain of the forfeiture of such shares, and of all previous payments thereon, to the corporation : .

6. To declare by. a by-law in what manner, and under what restrictions, the shares of their capital stock shall be transferable:

7. To construct, complete, and keep in constant repair, the [580] road, with all the necessary buildings and appurtenances, for the making of which they shall have been incorporated :

8. To keep a fair and just accouut of all tolls received, and of all monies disbursed, and, deducting costs and charges to make and declare a dividend of the clear profits and income of the road, among the stockholders, on the first Tuesday of May, and the first Tuesday of November, in every year :

9. To publish a notice of each dividend, in one or more of the public newspapers printed nearest to the route of the road, and of the time and place of the payment thereof, and to pay the same accordingly:

10. To report to the comptroller, within six months after the road shall be completed, an account of the expenses of its

te road, among Tuesday of Novevidend, in one

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