and 4846.

See Sections 3701 manner that personal actions may be commenced against individuals, and such writ, or a copy of such declaration, in any suit against a corporation, may be served on the presiding officer, the Cashier, the Secretary, or the Treasurer thereof; or if there be no such officer, or none can be found, such service may be made on such other officer or member of such corporation, or in such other manner, as the Court in which the suit is brought may direct.

Proceedings on return of process duly served.

(4836.) SEC. 4. When such process, or a copy of such declaration with a notice of rule to plead, shall have been returned duly served, the appearance of the corporation shall be entered, and the plaintiff may proceed thereupon in such suit, in the same manner as in personal actions against natural persons. And when it may be necessary to institute suits against any corporation which may have ceased to do business, or to keep up its organization by the appointment of officers or otherwise, it shall be competent to serve any writ, declaration or other process in such suit, on either of the persons who may have been the last presiding officer, President, Cashier, Secretary or Treasurer thereof; and such service shall be as effectual to all intents and purposes as if made on such corporation; and in every such case where, by the existing provisions of law, the 20 Conn. R., 447. property of individual members of any such corporation vested in its corporate funds, or the shares or stock of any individual member in such corporation, are subject to be levied upon by virtue of any execution, attachment or other process, for the payment of his individual debts, such levy may be made by leaving with any of the persons aforesaid, or with the officer or person having the custody of the books of such corporation, an attested copy of such execution, attachment or process; and such property, funds or stock may be sold as is now provided. by law. (a)

Measure of damages in certain cases

(4837.) SEC. 5. When judgment shall be rendered against any incorporated bank, for the amount of any bills or other evidences of debt, payable absolutely, the payment of which shall have been refused by such bank, and no measure of damages shall be specified in the act incorporting such bank, the plaintiff shall recover interest on such amount from the time of such refusal, at the rate of ten per cent. a year, instead of the rate established by law.

(a) As Amended by Act 223 of 1849, in force from June 1, 1849. Laws of 1849, p. 312.

tic Corporation.

(4838.) SEC. 6. In suits brought by a corporation created by Proof of domes or under any statute of this State, it shall not be necessary to 1 Mich. Rep., 496. prove on the trial of the cause the existence of such corporation, unless the defendant shall have pleaded in abatement, or given notice under his plea to the action, that the plaintiffs are not a corporation, and annex thereto an affidavit of the truth of such plea or notice.

incorporation.

(4839.) SEC. 7. In actions by or against any corporation Reciting acts of created by or under any law of this State, it shall not be necessary to recite the act or acts of incorporation, or the proceedings by which such corporation was created, or to set forth the substance thereof, but the same may be pleaded by reciting the title of such act, and the date of its approval.

ming Corporation.

(4840.) SEC. 8. In suits or proceedings by or against any cor- Mistake in naporation, a mistake in the naming of such corporation shall be pleaded in abatement; and if not so pleaded, shall be deemed to have been waived.

against foreign

(4841.) SEC. 9. In suits commenced by attachment in favor of Attachment a resident of this State, against any corporation created by or Corporation. under the laws of any other State, Government or country, if a copy of such attachment, and of the inventory of property attached, shall have been personally served on any officer, member, clerk or agent of such corporation within this State, the same proceedings shall be thereupon had, and with the like effect, as in case of an attachment against a natural person, which shall have been returned served in like manner upon the defendant.

(4842.) SEC. 10. If it shall appear to the Court that any Double costs, ete. such suit against a foreign corporation was brought vexatiously and without just cause, they shall award double costs against the plaintiff, and such plaintiff shall be liable to the defendants for all damages which they may sustain by such proceedings.

An Act in Relation to Insurance Companies and Insurance Agents.

[Approved February 12, 1855. Took Effect May 16, 1855. Laws of 1855, p. 241.]

rance Compa

act nies prohibited or out complying aid ditions.

from acting with

with certain con

(4843.) SECTION 1. The People of the State of Michigan enact, Agents of Insu That it shall not be lawful for any person or persons to within this State as agent or otherwise, in procuring receiving applications for insurance, or in any manner to in transacting the business of fire, marine, life or health insu- 68. rance for any company or association, incorporated by, or organized under the laws of any other State or country, or

20 Barb., S. C. R.,

for any company or association located out of the jurisdiction of this State, unless such company or association shall, previous to its issuing any policy of insurance, or transacting any insurance business, appoint an agent or attorney in this State, on whom process of law can be served; and such agent or attorney shall file with the County Clerk of the county where Copy of charter he resides, a certified copy of the charter of any and all and appointment to be filed with companies for which he shall have been appointed agent or attorney, and also a certified copy of the vote or resolution of the Trustees or Directors of such company or companies appointing him such agent or attorney, which appointment shall be in writing, under the official seal of the company, and signed by the President and Secretary, which appointment shall be filed with said County Clerk, and shall continue until another agent or attorney shall be substituted, and shall Company to an authorize process of law to be served on said agent or attorney, be served on for all liabilities of every nature incurred in this State by

County Clerk.

thorize process to

Agent.

Fees of County
Clerk for filing

pers.

said company or companies, and that such service may be made on such agent or attorney, in the same manner as now required by the laws of this State in the service of civil process, and shall be deemed legal and binding on the company or companies in all cases whatsoever.

(4844.) SEC. 2. Every County Clerk may demand and receive and copying pa- for every paper filed in his office, under this act, the sum of ten cents, and shall, when required, give certified copies of all such papers so filed in his office, and shall receive such fees as are allowed by the statutes in similar cases.

Penalty for violating this act.

(4845.) SEC. 3. Every violation of this act shall subject the party violating to a penalty of one hundred dollars for each and every violation, which shall be sued for and recovered in the name of the People, by the Prosecuting or District Attorney of the county in which such agent or agents, attorney or attorneys so violating shall be or reside, and one half of such penalty, when recovered, shall be paid into the Treasury of such county, and the other half to the informer of such violation; and in case of the non-payment of such penalty, the parties so offending shall be deemed guilty of a misdemeanor, and shall be liable to imprisonment in the county jail, for a period not exceeding six months, in the discretion of any Court having jurisdiction thereof.

An Act to Provide for the Service of Writings, Processes and Notices, in Certain Cases, upon Persons in the Employ of Certain Corporate Companies.

[Approved March 28, 1849. Laws of 1849, p. 181.]

on Railroad Com

See Sec. 3701.

(4846.) SECTION 1. Be it enacted by the Senate and House of Rep- Service of process resentatives of the State of Michigan, That whenever, in any suit pany. or proceeding, either in law or equity, it shall become necessary to serve any process, notice or writing upon any Railroad Company in this State, it shall be sufficient to serve the same upon any Conductor of a freight or passenger train of cars, or upon any weigh-master at any station or depot. along the line, or at the end of the railroad of such company; and such service shall be deemed as good and effectual as if made on the officers, stockholders or members, or either of them, of said company.

SEC. 2. This act shall take effect and be in force from and after its passage.

R. S. of N. Y.,
Art. 2. Title 4,
Chap. 8, Part 3.
Injunctions
against Corpora-

cases.

1839, p. 94, etc.

Chapter One Hundred and Seventeen of Revised Statutes of 1846.

(4847.) SECTION 1. Upon a bill being filed under the

tions in certain direction of the Attorney General, in any Court having equity 1837, p. 306, etc. jurisdiction, the Court shall have power to restrain by injunction, any corporation from assuming or exercising any franchise, liberty or privilege, or transacting any business not authorized by the charter of such corporation; and in the same manner to restrain any individuals from exercising any corporate rights, privileges or franchises, not granted to them by any law of this State.

Issuing, and continuance of in. junction.

Jurisdiction of Court over offieers, etc.

(4848.) SEC. 2. Such injunction may be issued before the coming in of the answer, upon satisfactory proof that the defendants complained of have usurped, exercised or claimed, any franchise, privilege, liberty or corporate right not granted to them, and after the coming in of the answer, such injunction may be continued until judgment at law shall have been had. (4849.) SEC. 3. The Circuit Court within the proper county shall have jurisdiction over Directors, Managers, Trustees and other officers of corporations:

1. To compel them to account for their official conduct in the management and disposition of the funds and property committed to their charge;

2. To decree and compel payment by them to the corporation whom they represent, and to its creditors, of all sums of money, and of the value of all property which they may have acquired to themselves, or transferred to others, or may have lost or wasted, by any violation of their duties as such Directors, Managers, Trustees or other officers;

3. To suspend any such Trustee or officer from exercising his office, whenever it shall appear that he has abused his trust;

4. To remove any such Trustee or officer from his office, upon proof or conviction of gross misconduct;

5. To direct new elections to be held by the body or board duly authorized for that purpose, to supply any vacancy created by such removal;

6. In case there be no such body or board, or all the members of such board be removed, then to report the same to the Governor, who shall be authorized, with the consent of the Senate, to fill such vacancies;

7. To set aside all alienations of property made by the