1290
|
LAWS OF MARYLAND.— 1638.
|
|
or liabilities, for all such debts, engagements and liabilities,
|
|
contracted and entered into, beyond the said actual assets of the
|
Directors
individually
liable.
|
said company as aforesaid, the directors thereof who may be
present, and do not express their dissent at the time of contract-
|
|
ing such debts, engagements and liabilities, shall be bound and
|
Process
authorised.
|
answerable in his, her or their person or persons, and property,
in proportion to his, her or their stock, any may in his, her or
|
|
their said person, and property, be taken in execution on any
|
|
judgment against the said company, with the same effect as if
|
|
the said debts, engagements and liabilities had been contracted
|
|
and entered into, in their individual capacity, or entered into
|
|
beyond the amount of the actual assets of said company, and
|
|
upon any suit at law, or in equity, arising thereon, in any of the
|
|
courts of this state, having jurisdiction of the same, it shall and
|
|
may be lawful for the said court upon application by any person
|
|
or persons interested therein to summon any of the officers of
|
|
such company to bring into said court at the trial of said suit,
|
|
the books and papers of said company, and on the failure of said
|
Failure to
|
officer so to do, it may in the discretion of the court, be deemed
|
appear.
|
and taken as a confession by such company, that they have
|
|
contracted debts, and entered into engagements and liabilities
|
|
beyond the amount, the market value of their actual assets
|
|
aforesaid ; Provided, that snch failure to produce the books of
|
|
the company shall be with the knowledge, privity, or consent
|
|
of the directors.
|
Case of the
|
SEC. 15. And be it enacted, That whenever four-fifths of the
|
stock falling
into few
hands.
|
capital stock of such company, shall become concentrated, by
purchase or otherwise, in the hands of less than five persons, or
|
|
more than one-half of the same, shall be, and remain in the
|
The incor-
|
hands of one person, for more than six months, all the corporate
|
poration to
cease.
|
powers and privileges granted by the act incorporating such
company, shall cease and determine; and if the company should
|
|
not be organized by the appointment of a president and direc-
|
Case of
|
tors, within two years from the passage of the act of incorpora-
|
failing to
|
tion, then all its provisions shall be null and void, and if at any
|
organise for
two years.
|
time the company shall suspend their operations for the space of
|
|
two years, then their rights and privileges shall cease and their
|
Charter
|
charter shall be forfeited ; but whensoever the said corporation
|
void.
|
shall be dissolved, whether by the lapse of time or any other
|
Rights
|
cause, their corporate name, with their right to sue and be sued,
|
preserved.
|
shall continue for the purpose of collecting the debts due to the
|
|
company, prosecuting the rights, which shall have accrued
|
|
under their previous contracts, paying the debts due by them,
|
|
and satisfying all liabilities which they may have incurred, and
|
|
for the distribution of the property bf the corporation among
|
|
those entitled to the same.
|