Additional from $100,000.00 to $250,000.00, Twenty Cents per Thousand Dollars. Additional from $250,000.00 to $500,000.00, Fifteen Cents per Thousand Dollars. Additional from $500,000.00 to $1,000,000.00, Ten Cents per Thousand Dollars. Additional over $1,000,000.00, Five Cents per Thousand Dollars. IX. For recording and filing each notice of removal of place of business, each certificate of change of name, or each certificate making capital stock assessable, Three Dollars. X. For filing each certified copy of charter or articles of incorporation of any foreign corporation, the same fee shall be charged as is provided for in Article IV of this Section, for domestic corporations. XI. For filing each notice of appointment of agent, Five Dollars. XII. For filing each annual or semi-annual statement of any foreign corporation, Five Dollars. XV. For searching the records and archives of the State, One Dollar. XVI. For filing each trade mark, Three Dollars; and for issuing each certificate of record, One Dollar. XVII. For recording miscellaneous papers, records, or other documents, for filing One Dollar; for recording, Twenty Cents per folio. XVIII. For filing any other paper not otherwise herein provided for, One Dollar for filing and Twenty Cents per folio for recording. (Act approved March 3, 1905.) Section 2426. Section 2427. DRAINS. Construction of drain along railroad right of way. Section 2428. Refusal of railroad company to construct culvert. 2426. Drains may be laid along the line of any railroad within its right of way: Provided, Such drain shall not be to the injury of the roadbed. Whenevr it is proposed to construct a drain along the line, and within the right of way of any railroad, and the company owning or operating such road shall refuse or neglect to permit such drain to be constructed or release the right of way therefor within the time prescribed in this act such release shall be obtained in the same manner as is provided in this act for obtaining private lands: Provided, That no drain shall be constructed along the line of any railroad without the consent of the company owning or operating such road, if it shall appear to the special commissioners or jury that such drain can be equally well laid on private lands. (Act approved March 7, 1905, Art. II. Sec. 14.) 2427. Whenever it is necessary to run a drain across the right of way or roadbed of any railroad, the same proceedings shall be had throughout in all respects as in cases provided in this act for obtaining private lands for the construction of drains, except as hereinafter provided. It shall be the duty of the railroad company when notified by the county drain commissioner so to do, to make and maintain a suitable culvert. Notice in writing to make opening, and to construct such culvert, shall be served upon such company by leaving a copy thereof with the ticket or freight agent or general ojcer of such railroad company, at least thirty days before such railroad company shall become liable. (Act approved March 7, 1905, Art. II, Sec. 15.) 2428. In case such railroad company shall refuse or neglect to comply with the provisions of the preceding section, it shall be liable to a penalty of ten dollars for each day's refusal or neglect to make such opening and construct such culvert. The county attorney of the county which such railroad company shall have refused or neglected to comply with the provisions of the preceding section shall, upon complaint being made by the county drain commissioner, bring suit to collect such penalty or fines, and it shall be his duty to prosecute the same to a final determination in any court having competent jurisdiction. (Act approved March 7, 1905, Art. II, Sec. 17.) CIVIL CODE. CORPORATIONS DEFINED AND HOW ORGANIZED. Section 3805. Section 3806. Corporation defined. What are public and what are private corporations. For what purpose private corporations are formed. Corporate existence cannot be questioned. Name. Section 3808. Section 3809. Section 3810. Section 3811. Section 3813. Record of change. Section 3814. Section 3817. Section 3818. Section 3823. Section 3824. Section 3825. Section 3826. Corporate name may be changed. Corporate obligations not impaired by change. Name of instrument creating corporation. Articles of incorporation, what to contain. Certain corporations to state further facts in articles. Three or more persons to sign and acknowledge articles. Who are members and who are stockholders of corporations. Stock issued for purchase of property. Corporations, how formed. May extend term of existence and increase stock, etc. Section 3828. Same. 3805. (§ 390.) 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. State ex rel. vs. Rotwitt, 18 Mont. 87. 3806. (§ 391.) 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. 3807. (§ 392.) Private corporations may be formed by the voluntary association of any three of more persons in the manner prescribed in this article. 3808. (§ 393.) The purpose for which the private corporation mentioned in the last section are: 15. The construction and maintenance of a railroad and of a telegraph line in connection therewith and a street railroad of any kind. 16. The construction and maintenance of any other species of roads, and of bridges in connections therewith. 17. The construction and maintenance of a bridge. 18. The construction and maintenance of a telegraph line, telephone or electric light line. 19. The establishment and maintenance of a line of stages. 20. The establishment and maintenance of a ferry. 21. The carriage of property and persons by express. 22. The building and navigation of steamboats and carriage of persons and property thereon. No corporation must be formed for any other purposes than those mentioned in this section. 3809. (§ 394.) Every grant of corporate power is subject to alteration, suspension, or repeal, in the discretion of the legislative assembly. Allen vs. Ajax Mining Co., 30 Mont. 490. 3810. (§ 395.) One who assumes an obligation to an ostensible corporation, as such, cannot resist the obligation on the ground that there was in fact no such corporation until that fact has been adjudged in a direct proceeding for the purpose. 3811. (§ 396.) Every corporation must have a corporate name, which it has no power to change unless expressly authorized by law; but the name is to be deemed so far matter of description, that a mistake in the name of any instrument may be disregarded, if a sufficient description remains by which to ascertain the corporation intended. 3812. (§ 397.) That the name of any corporation now organized and existing or which may hereafter be organized under any of the statutes of this state relating to corporations may be altered, changed or amended by a vote of a majority of the stockholders of such corporation duly assembled at any regular meeting or at any special meeting duly called for that purpose. (Act approved March 2, 1893.) 3813. (§ 398.) Whenever a name of a corporation is changed, altered or amended under the provisions of this act it shall be the duty of the secretary thereof to certify the same for record to the Secretary of State and to the county clerk of the county wherein the principal place of business of such corporation is situated. (Act approved March 2, 1893.) 3814. ($399.) Nothing in this act contained shall impair or affect any liability or obligation of any corporation whose name is changed, altered or amended hereunder. (Act approved March 2, 1893.) 3817. ($402.) The instrument by which a private corporation is formed is called "Articles of Incorporation." forth: State ex rel. vs. Rotwitt, 18 Mont. 87. 3818. (§ 403.) Articles of Incorporation must be prepared, setting 3. The place where its principal business is to be transacted. 4. The term for which it is to exist, not exceeding twenty years. |