ART. 26.] CORPORATIONS.

be deemed to be the agreement of the said two or
more corporations.

47

243. Upon making the agreement mentioned in the
preceding section, in the manner required therein, and
filing a duplicate or counterpart thereof in the office
of the secretary of state, the said two or more cor-
porations mentioned or referred to in the said first
section, shall be merged in the new corporation pro-
vided for in such agreement, to be known by the
corporate name therein mentioned ; and the details of
such agreement shall be carried into effect, as provided
therein.

Ibid s. 22.
Agreement to
be filed.

244. Upon the election of the first board of direc-
tors of the corporation created by the agreement in the
twenty-first section of this act mentioned and by the
provisions of this act, all and singular, the rights and
franchises of each and all of said two or more corpora-
tions, parties to such agreement, all and singular their

Ibid. s. 23.

rights and interest in, and to every species of property,
real, personal and mixed, and things in action, shall be
deemed to be transferred to and vested in such new
corporation, without any other deed of transfer ; and
such new corporation shall hold and enjoy the same,
together with all the rights of way, and all other rights
of property in the same manner, and to the same ex-
tent, as if the said two or more corporations, parties to
such agreement should have continued to retain the
title and transact the business of such corporations and
the titles and the real estate acquired by either of said
two or more corporations shall not be deemed to revert
or be impaired by means of anything in this act con-

Property and
franchises
vested in new
company.

tained ; provided, that all rights of creditors, and all
liens upon the property of either of said corporations,
parties to said agreement, shall be and hereby are pre-
served unimpaired; and the respective corporations
shall continue to exist as far as may be necessary to

Proviso.
Rights of credi-
tors.

enforce the same; and provided further, that all the
debts, liabilities and duties of either company shall
thenceforth attach to such new corporation and be
enforced from the same, to the same extent and in the

Proviso.