as the case may be, shall then and there hear and determine as to the proper assessments of all property and persons mentioned in said notice, and persons affected or liable to be affected by the review of said assessments thus provided for may appear and be heard at said hearing. In case said board, or the member thereof who shall act in said review, shall determine that the assessments so reviewed are not assessed according to law, he or they shall, in a column provided for that purpose, place opposite said property the true and lawful assessment of the same. As to the property not on the tax list, the said board or members thereof acting in said review shall place the same upon said tax list by proper description, and shall place thereafter in the proper column the true cash value of the same. In case of review under this section, the said board or the member thereof acting in said review shall certify under his hand officially and spread upon said list a certificate of the day and date at which said tax list was reviewed by him, and the changes made by him therein. For appearing with said list as required herein, the tax officer shall receive the same pay per diem as is received by him in the preparation of the tax list, to be presented to and paid by the proper officers of the county or municipality of which he is the assessing officer, in the manner as his other compensation is paid. The action of said board or member taken as provided in this subchapter shall be final.

1905, c. 590, s. 8.

1125a. General review of tax list; how and when ordered. In case it shall appear or be made to appear to said board that any tax list in the state is so grossly irregular and unlawfully assessed that adequate compliance with the law can not be secured except by a general review of said tax list, said board may make and issue an order that said tax list shall be subject to general review, and the time and place shall be stated in said order at which said list shall be reviewed, and under said order the assessor whose assessment or failure to assess is complained against shall be required to appear with his tax list at the time and place thus determined, said time to be not less than fourteen days from the issuance of the order, and the place to be at the office of the board of county commissioners at the countyseat, or such other place in said county in which said list was made, as said board shall deem most convenient for the hearing herein provided for. A notice of the time and place that said assessor is required to appear with said list, together with a statement that said list will be subjected to general review, and that all persons interested therein may be heard at said time, shall be published in a newspaper published at the county-seat of said county, if there be one; if not, in some newspaper printed in said county, if there be any, at least seven days before the time at which said assessor is required to appear.

A

copy of the order made as aforesaid shall be served upon the tax officer in whose possession said list shall be, at least three days before he is required to appear with said list. The said board or any member thereof shall appear at the time and place mentioned in said order, and the tax officer upon whom said notice shall have been served shall appear also with said tax list. The said board or any member thereof, as the case may be, together with the chairman of the board of county commissioners, shall then and there review said tax list and the assessment of property therein, and he or they shall have power to determine in accordance with law the amount at which said assessment shall be placed, and to change the same so that said assessments may comply with the law. Also to place upon said list property omitted therefrom in the same manner as provided in the last preceding section. The determination of said board or members thereof, acting in said review, shall be placed in a column provided for that purpose, and they or he shall proceed in all respects as provided in the last preceding section, and the tax officer shall receive the same compensation as provided in said section.

1905, c. 590, s. 9.

1126. Property unlisted, how listed by. If it shall appear to said board at any time that any property liable to taxation has not been assessed for any previous year as hereinbefore provided, the said board shall report the same to the proper assessing officer, and the same shall be listed for taxation upon the next tax list that shall be made, and shall be valued as all other property. The said board shall further certify to the board of county commissioners of the several counties at the October session thereof next after said property shall be then listed for taxation, and said board of county commissioners shall ascertain the rate of taxation for said several years, and shall order the taxes for said several years to be entered against said property upon the valuation for the then current year, and the same shall be so entered in a column provided for that purpose, and it shall constitute a charge against the person or property and be collected as other taxes: Provided, however, that this provision shall not be deemed to relate back prior to the first day of March, one thousand nine hundred and five: Provided further, that in case of change of ownership of the property omitted, said taxes shall not be entered against said property prior to the last change of ownership.

1905, c. 590, s. 10.

1127. Report to the governor, when; how distributed. The board of state tax commissioners shall, on or before the first day of November of each year, make an annual report to the governor of the state, setting forth the workings of said commission during the preceding

year, and containing the findings and recommendations of said comEnission in relation to all matters of taxation. The state auditor shall cause two thousand copies of said report to be printed on or before the first day of December succeeding the making of said report. Five hundred copies of said report shall be placed at the disposal of the state librarian for distribution and exchange, and a copy of said report shall be forwarded by said tax commission to each member of the general assembly as soon as printed.

VII. Amendm'ts, surrender, etc., and extension, 1174-1178

1128. Corporate powers. Every corporation shall have power1. To have succession, by its corporate name, for the period limited in its charter, or certificate of incorporation, and, when no period. is limited, for a period of sixty years.

2. To sue and be sued in any court.

3. To make and use a common seal, and alter the same at pleasure. 4. To hold, purchase and convey real and personal estate in or out of the state, and to mortgage the same and its franchises; the power to hold real and personal estate shall include the power to take the same by devise or bequest.

5. To elect and appoint in such manner as it shall determine to be proper, all necessary officers and agents, and fix their compensation. and define their duties and obligations.

6. To conduct business in this state, other states, the District of Columbia, the territories, dependencies and the colonies of the United States, and in foreign countries, and have one or more offices in or out of this state.

7. To make by-laws and regulations, consistent with the laws of the state, for its own government, and for the due and orderly conduct of its affairs and the management of its property.

8. To wind up and dissolve itself, or be wound up and dissolved in the manner hereafter mentioned.

Code, ss. 663, 666, 690, 691, 692, 693; 1893, c. 159; 1901, c. 2, s. 1.

1129. Implied powers; how far this chapter affects all corporations. In addition to the powers enumerated in the first section of this chapter, and the powers specified in its charter, or in the act or certificate under which it was incorporated, every corporation, its officers, directors and stockholders, shall possess and exercise all the powers and privileges contained in this chapter so far as the same are necessary or convenient to the attainment of the objects set forth in such charter or certificate of incorporation, and shall be governed by the provisions, and be subject to the restrictions and liabilities in this chapter contained, so far as the same are applicable to, and not inconsistent with, such charter, or the act under which such corporation was formed; and no corporation shall possess or exercise any other corporate powers, except such incidental powers as shall be necessary to the exercise of the powers so given: Provided, nothing in this chapter shall authorize or empower corporations organized under this chapter to lease, operate, maintain, manage or control any railroad except street railways.

Code, s. 701; 1897, c. 204; 1901, c. 2, s. 4; 1901, c. 6.

1130. How land conveyed; certain conveyances void as to torts. Any corporation may convey lands, and all other property which is transferable by deed, by deed of bargain and sale, or other proper deed, sealed with the common seal and signed in its name by the president, a vice-president, presiding member or trustee, and two other members of the corporation and attested by a witness or witnesses, or by deed of bargain and sale, or other proper deed, sealed with the common seal and signed in its name by the president, a vicepresident, presiding member or trustee, and attested by the secretary or assistant secretary of the company. But any conveyance of its property, whether absolutely or upon condition, in trust, or by way of mortgage, executed by any corporation, shall be void and of no effect as to torts committed by such corporation prior to, or at the time of the execution of said deed: Provided, persons injured, or their representatives, shall commence proceedings or actions to enforce their

claims against said corporation within sixty days after the registration of said deed, as required by law.

Code, s. 685; 1891, c. 118; 1893, c. 95, s. 2; 1899, c. 235, s. 17; 1901, c. 2, s. 2; 1903, c. 660, s. 1; 1905, c. 114.

1131. Mortgaged corporate property subject to execution for labor and torts. Mortgages of corporations upon their property or earnings, whether in bonds or otherwise, shall not have power to exempt the property or earnings of such corporations from execution for the satisfaction of any judgment obtained in courts of the state against such corporations for labor performed, nor torts committed by such corporation whereby any person is killed or any person or property injured, any clause or clauses in such mortgage to the contrary notwithstanding.

Code, s. 1255; 1897, c. 334; 1901, c. 2, s. 3.

1132. Gas companies may supply electricity. Any gas company, in addition to the powers contained in the charter, shall have full power to use, employ and supply electricity for lighting public and private buildings and all other places; and may charge and collect such reasonable rates and fees for the use of such lights, fixtures and appliances as may be established by said company, in accordance with law.

1889 (Pr.), c. 35.

1133. Special powers of gas and electric companies. Gas and electric light and power companies shall have power to lay, extend, construct, build, erect, maintain, repair and remove all necessary or convenient towers, poles, cable wires, conductors, lamps, fixtures, appliances, appurtenances, in, upon, through and over any and all roads, streets, avenues, lanes, alleys and bridges within and near any city, town or village where said company may be located; and all such roads, streets, lanes, alleys and bridges shall be left in as good condition as they were in at the time of using them as aforesaid: Provided, that the rights and privileges conferred in this section shall not be exercised unless the authorities of such city, town or village first give their consent, and afterwards the said authorities shall have full power to control the location of all towers, poles, wires, conductors and all other fixtures, appliances and appurtenances belonging to or operated by any of said companies.

1889 (Pr.), c. 35, s. 2.

1134. Corporations created hereunder can not do banking business. No corporation created under the provisions of this chapter, shall, by any implication or construction, be deemed to possess the power of carrying on the business of discounting bills, notes or