Imagens da página
PDF
ePub

diction, and the penalty shall continue in full force and effect, including all the time intervening up to the time of final payment. [Id., $ 1296.]

Sec. 73. Whenever any employé is discharged from the employ of any such corporation, then the wages of such employé shall become due and payable in the same manner as heretofore described in section two. [Id., $ 1297.]

Sec. 74. Any employé may recover all such penalties that may, by violations of sections two and three of this act, have accrued to him at any time within six years succeeding such default or delay in the payment of such wages. [Id., $ 1298.]

Sec. 75. Any contract or agreement made between any such corporation and any parties in its employ, whose provisions shall be in violation, evasion or circumvention of this act, shall be unlawful and void in its effects as to such corporation. [Id., $ 1299.]

Sec. 76. Whenever any such corporation shall contract any or all its work to any contractor, then it shall become the duty of such corporation to provide that the employés of such corporation or contractor shall be paid according to the provisions of this act, and such corporation shall become responsible and liable to the employés of such contractor in the same manner as if said employés were employed by such corporation. [Id., $ 1300.]

Sec. 77. Whenever it shall become necessary for employés to enter or maintain a suit at law for the recovery or collection of wages due as provided by this act, then such judgment shall include a reasonable attorney-fee, to be taxed as part of the costs in the case, and collected under the same provisions of law as such judgment. [Id., $ 1301.]

Sec. 78. That any time-check, due-bill, order or orders for merchandise, issued by any person, firm or corporation to any person in their or its employ, in payment of wages for labor, shall be dated at the time of its issuance, and after fifteen days

from the date of issuance shall, at the option of the holder thereof, be payable by the maker in lawful money of the United States: Provided, That nothing in this act shall be construed to repeal any law now on the statute book. [Id., S 3831.]

Sec. 79. In the event the maker of any time-check, due-bill or orders for merchandise issued in payment of wages for labor shall refuse to redeem and pay the same in lawful money of the United States, and the holder thereof brings an action to recover thereon, said maker shall be liable for double the amount of said time check, due-bill or order for merchandise to the holder thereof, together with a reasonable attorney-fee, to be recovered in such action. [Id., § 3832.]

VII. INDIVIDUAL LIABILITY OF STOCKHOLDERS.*

Sec. 80. Dues from corporations shall be secured by individual liability of the stockholders to an additional amount equal to the stock owned by each stockholder, and such other means as shall be provided by law; but such individual liabilities shall not apply to railroad corporations, nor corporations for religious or charitable purposes. [Const., Art. 12, $ 2.]

*As to stockholders in banks, see $$ 97, 142.

† By chapter 152, Session Laws of 1903, the provisions which constituted $$ 75, 76 and 77 of the last edition of this compilation were repealed, with this saving clause:

“SEC. 2. Nothing in this act shall be construed so as in any manner to affect the liability of stockholders in any banking corporation organized under the laws of this state, as now provided by law."

As to corporations in general, therefore, there are now no statutory provisions as to the individual liability of stockholders, and creditors are remitted to the constitutional provision alone.

VIII. DISSOLUTION OF CORPORATIONS.

How Dissolved.* - SEC. 81. A corporation is dissolved first, by the expiration of the time limited in its charter; second, by a judgment of dissolution rendered by a court of competent jurisdiction; but any such corporation shall be deemed to be dissolved for the purpose of enabling any creditors of such corporation to prosecute suits against the stockholders thereof to enforce their individual liability, if it be shown that such corporation has suspended business for more than one year, or that any corporation now so suspended from business shall for three months after the passage of this act fail to resume its usual and ordinary business. [G. S. 1901, § 1310.]

Grounds of Forfeiture—Not Keeping General Offices in State.— Sec. 82. Every corporation created by or existing under the laws of this state shall have and keep a general office for the transaction of business, and shall keep such office within this state, and shall have at least three of its directors citizens and residents of this state; and in case such corporation is a railroad or railway company, it shall have such general office located on or near the main line of its road or route mentioned in its charter. At such general office shall be kept the records and books of the corporation, and also the office of the superintendent, general manager or director, secretary, auditor, treasurer and paymaster, general freight agent, and general ticket agent, under whatever name the duties usually pertaining to such offices may be transacted, together with all books of accounts appertaining to the business of such offices. * [Id., $ 1293.]

* As to banks, see $ 95 of this compilation.

* The legislature has declared in plain terms that Kansas corporations must keep their general offices, including their records and books, within the limits of the state, and that at least three directors of each corporation

Sec. 83. Any corporation failing or refusing to obey any of the provisions of the first section of this act for the period of six months shall be deemed to have forfeited its charter; and such forfeiture may be decreed by any district court of any county in which such corporation may do business, or into which any line of such railroad or railway may extend, in an action to be instituted for that purpose in the name of the state of Kansas, by the county attorney of the county in which such action is prosecuted. [Id., $ 1294.]

Non-user.— Sec. 84. Every corporation created under the act of which this act is amendatory* or under any general law of this state shall commence active operations within one year after filing its charter with the secretary of state, and in default thereof said corporation shall become and be dissolved by operation of law and without judicial proceedings to that end, and the notice of such dissolution shall be published by the secretary of state in the official state paper for three consecutive weeks thereafter: Provided, That no corporation, excepting railroad companies, shall commence business until it shall file with the secretary of state an affidavit, made by its president and secre tary, setting forth that not less than twenty per cent. of its authorized capital has been paid in actual cash. [Id., § 1311.]

Duties of Officers on Dissolution.- Sec. 85. Upon the dissolution of any corporation already created by or under the laws of this state, unless a receiver is appointed by some court of competent authority, the president and directors, or managers of the affairs of the corporation at the time of its dissolution,

must be citizens and residents of the state which created it and by virtue of whose laws it exists. The obvious purpose of the statute is, that the records and transactions of the corporation shall be accessible to the public for all proper purposes, and that some of its principal officers shall be within the jurisdiction and subject to the visitorial authorities of the state. The policy of the statute is salutary. (Horton v. Wilder, 48 Kan. 225, 226.)

* Ch. 10, Laws Special Session 1898.

« AnteriorContinuar »