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ART. 23] EXECUTION OR ATTACHMENT OF STOCK. 563
1908, ch. 240, sec. 42.
67. The directors of a corporation may, unless otherwise provided
in the by-laws, determine the conditions upon which a new certificate
of stock may be issued in place of a certificate which is alleged to have
been lost or destroyed. They may, in their discretion, require the
owner of such certificate or his legal representative to give bond, with
sufficient surety, to the corporation to indemnify it against any loss or
claim which may arise by reason of the issue of a certificate in the
place of the missing one.
See sec. 50.
1904, art. 23, secs. 391 to 395, inclusive. 1888, art. 23, secs. 277 to 281, inclusive.
1S6S, ch. 471, secs. 198 to 202, inclusive. 1886, ch. 287. 1908, ch. 240, sec. 43.
68. The interest which any defendant in a judgment or decree ren-
dered by a court of law or equity, or in any proceeding by attachment,
has on the books thereof in the capital stock of a corporation of this
State, or of any national bank located therein, shall be liable to execu-
tion or attachment, and the proceedings thereon shall be as follows:
the sheriff or other execution officer charged with the execution of the
writ shall leave at the principal office of the corporation a notice in
writing that he has seized the stock of the defendant (naming him and
the purpose for which he has seized the same), and shall retain a copy
of such notice and return it with the writ, the precise time of service
being endorsed thereon. Upon receipt of such notice, the president or
officer of the corporation to whom the same shall have been delivered,
shall state in writing to the sheriff or other execution officer, the num-
ber of shares of stack standing in the name of the defendant at the time
of such notice; and if the president or other corporate officer shall refuse
or neglect for twenty-four hours to deliver such statement, the sheriff
or other execution officer shall certify the fact to the court to which the
writ is returnable, or to any judge thereof; and the said judge or court
may order an attachment for contempt against such president or other
corporate officer, and may compel him to answer under oath on oral
examination, as to the number of shares of stock in the name of such
defendant at the time of service of such notice, and may compel the
production of the books of the corporation, and also fine the president
or other officer for not giving the required statement. When the sheriff
or other execution officer has ascertained the number of shares of stock
standing in the name of the defendant he shall make a schedule thereof,
or of so much thereof as will be amply sufficient to secure the debt and
costs, and shall give notice to the corporation that the shares not
included in this schedule are released. Thereupon such proceedings
shall be had under the writ of execution or attachment as if the shares
so seized were real estate; and they shall be transferred to the pur-
chaser on the books of the corporation by such sheriff or other execu-
tion officer, or by such person as shall be named bv the court to which
said writ is returnable. It shall be the duty of the corporation to issue
to the purchaser at the sale made by the sheriff or other execution
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