to the liability of the master for the torts | Messer Co. v. Rothstein, 113 N. Y. Supp. 772, of the servant. Louisville & N. R. Co. v. 777, 778, 129 App. Div. 215. Hudson, 73 S. E. 30, 31, 10 Ga. App. 169.

A private corporation is a "person," within Rev. St. 1895, art. 3017, authorizing a recovery for death caused by the wrongful act or negligence of another person. Hugo Schmeltzer & Co. v. Paiz, 141 S. W. 518, 520, 104 Tex. 563.

A private corporation is included in Rev. St. 1895, art. 3017, which gives a right of action for death caused by the wrongful act of another "person." Williams v. Coca-Cola Co. (Tex.) 150 S. W. 759, 761.

In the absence of statutory enactment to the contrary, the name "person" in a statute includes a corporation if it falls within the general reason and design of the act, both as to the benefits and restrictions of the act. A statute that authorizes the doing of a certain act by a corporation or by its agent should be given effect by permitting the corporation to act either per se through its officer or per alium through its agent. American Soda Fountain Co. v. Stolzenbach, 68 Atl. 1078, 1083, 75 N. J. Law, 721, 16 L. R. A. (N. S.) 703, 127 Am. St. Rep. 822.

Under the express provisions of the Code, in the act of December

15, 1871, providing that money or property stolen from the state or the Western Atlantic Railroad Company, or fraudulently obtained from the same, may be recovered from the person perpetrating the fraud or conversion, the word "person" includes a corporation. Scofiel, etc., Co. v. State, 54 Ga. 635, 638.

Code 1896, § 27, provides that personal representatives may recover for decedent's the word "person death, caused by the wrongful act, omission, or negligence of any person or persons, or corporation. Section 1 provides that the use of the word "person," used in the Code, "includes a corporation as well as natural persons." Held, that the personal representative of a person injured by a city sewer ditch had a cause of action against the city. City of Anniston v. Ivey, 44 South. 48, 49, 151 Ala. 392.

The word "person" in Gen. St. 1909, § 9752, providing that a person who, by himself or his servant, etc., or as the servant or agent of another, uses a false weight, or exposes for sale less than the quantity which he represents, shall be guilty of a misdemeanor, etc., includes a corporation as well as a natural person. State v. Belle Springs. Creamery Co., 111 Pac. 474, 477, 83 Kan. 389.

The word "persons," in Mills' Ann. St. § 413, providing that any person who shall employ a child under 14 years of age in a mill shall be guilty of a misdemeanor, applies to corporations as well as to natural persons. Overland Cotton Mill Co. v. People, 75 Pac. 924, 925, 32 Colo. 263, 105 Am. St. Rep. 74.

A corporation is a "person" within Laws 1896, p. 1052, c. 803, requiring registration of employing plumbers in the city of New York, and, as registration involves the holding of a certificate of competency which cannot be given to a corporation, plumbing work by a corporation is unlawful, and the price thereof cannot be recovered. Milton Schnaier & Co. v. Grigsby, 117 N. Y. Supp. 455, 457, 132 App. Div. 854; Id., 113 N. Y. Supp. 548, 61 Misc. Rep. 325.

The statutory construction law provides that the term "person" includes a corporation and joint-stock association. As used in Laws 1900, p. 699, c. 327, § 45, providing that a person engaged in the business of employing or master plumber shall submit to an examination before the examining board of plumbers as to his experience, etc., the word "person" applies to a corporation. William

A corporation is in law a "person" or entirety entirely distinct from its stockholders and officers, and it may have interests distinct from theirs, and their interests may be adverse to its interests, and knowledge on the part of the president of the corporation of a fraud committed by an entryman in procuring and commuting a homestead entry is imputed to the corporation so as to deprive it of the position of a bona fide purchaser under a conveyance from the president who had taken a deed from the patentee; the president being one of the incorporators and together with the secretary owning a large majority of the stock, being intrusted with the management and control of the corporate business, and his interest and that of the J. J. McCaskill corporation being identical. Co. v. United States. 30 Sup. Ct. 386, 391, 216 U. S. 504, 54 L. Ed. 590.

"In the statutes authorizing issuance of garnishment on the application of any 'person,' the word 'person' has been held to include all individuals, nonresidents as well as residents, corporations, and sovereignties." Disconto Gesellschaft v. Umbreit, 106 N. W. 821, 828, 127 Wis. 651, 15 L. R. A. (N. S.) 1045, 115 Am. St. Rep. 1063 (dissenting opinion by Cassoday, C. J.).

A corporation, though an artificial "person," was not embraced within the meaning of the word "person" as used in the first statute relating to foreign attachment providing that a writ of foreign attachment may issue against any person not an inhabitant of the state when certain requirements were Fowler v. Dickson (Del.) 74 Atl. 601, met. 603, 1 Boyce, 113 (citing Vogle v. New Granada Canal & Steam Nav. Co. of New York [Del.] 1 Houst. 294).

Under Code, § 48, par. 13, providing that the word "person" may be extended to bodies

corporate, corporations are included in the, Kings River Canal & Irrigation Co. v. Stevinword "persons" as used in section 3465, pro- son, 128 Pac. 924, 928, 164 Cal. 221. viding that where two or more persons are✔ A corporation is included in the word bound by contract, judgment, or statute, "person" as used in the criminal statutes. jointly, jointly and severally, or severally A corporation can be guilty of the offense of only, including the parties to negotiable pa- furnishing liquor to a minor. Southern Exper, the action thereon may at plaintiff's press Co. v. State, 58 S. E. 67, 69, 1 Ga. App. option be brought against any or all of them. Swartley v. Oak Leaf Creamery Co., 113 N. W. 496, 498, 135 Iowa, 573.

unfit by illegal corporate acts. In re Indian | includes the word "corporation." Hence it Brewing Co.'s License, 75 Atl. 29, 30, 226 Pa.

56.

Under Rev. Codes, § 16, providing that the word "person" includes a corporation as well as a natural person, section 1506, providing that it shall be unlawful for any per son to sell spirituous liquors to be drunk in or about the premises where sold without having first procured a license and given a bond, applies to corporations of all kinds, whether organized for profit or social advantages without profit. Ada County v. Boise Commercial Club, 118 Pac. 1086, 1088, 20 Idaho, 421, 38 L. R. A. (N. S.) 101.

Laws 1908, c. 380, making it unlawful for any "person or persons" to sell liquor without a license, and providing that the applicant for a license must declare that he is a citizen of the United States, and the application must contain a statement of the extent of his residence in the county, is not limited to natural persons, but includes a corporation, and an incorporated social club maintaining a clubhouse and selling liquor to its members is within the act. Conococheague Club of Washington County v. State, 81 Atl. 602, 606, 116 Md. 317.

A liquor merchant's license, which 25 Del. Laws, c. 125, § 8, provides may be given a "person," will not be refused to a corporation; Rev. Code 1852, amended to 1893, p. 43, c. 5, § 1, par. 10, providing the word "person" may include a corporation, and the court having for years approved applications of corporations for such licenses, and it being presumed it has passed on the question of their being entitled thereto under the statute. In re D. W. Lynch Co. (Del.) 75 Atl. 41, 1 Boyce, 104.

Under Gen. St. 1902, tit. 1, § 2712, providing that the word "person" may include a corporation, and title 16, sections 2669, 2672, and 2675, entitled "intoxicating liquors," providing for the issuance of liquor licenses to suitable persons, etc., a corporation organized to make and sell malt liquor may be licensed to sell liquors, though section 2712 of the title provides that every person convicted of a first violation of the áct shall be punished by a fine, and that such person, on every subsequent conviction, may be punished by imprisonment, in addition to the fine; the word "person" in the title including corporations. Connecticut Breweries Co. v. Murphy, 70 Atl. 450, 452, 81 Conn. 145.

Local Option Law, § 18 (Laws 1905, p. 50), provides that the issuing of a license or internal revenue special tax stamp by the federal government to any person for the sale of intoxicating liquors shall be prima facie evidence that such person is selling, exchanging, or giving away intoxicating liquors. Held, that the term "person," as used,

was not error to instruct that if an internal revenue license had been issued to a certain

club, authorizing the sale of intoxicating liquor, such license was prima facie evidence that the club was engaged in selling, exchanging, or giving away intoxicating liquors, but that such finding alone would not be applicable to the defendants or either of them. State v. Kline, 93 Pac. 237, 242, 50 Or. 426.

Local option law (Rev. St. 1909, § 7243) provides that if the majority of the votes at a local option election are against the sale of intoxicants it shall not be lawful for "any person within the limits of such county * * * to directly or indirectly sell, give away or barter in any manner whatever" any intoxicating liquors; and section 7246 makes "any person" violating the act guilty of a misdemeanor. Held that, while a corporation could sell intoxicants in violation of the act, though it could not be punished thereunder, its agents and servants may be convicted and punished for selling for the State corporation in violation of the act. V. Robinson, 146 S. W. 456, 457, 163 Mo. App.

221.

A corporation is a "person" within the meaning of Act May 9, 1902, c. 784, § 1, 32 Stat. 193, requiring wholesale dealers in oleomargarine to keep certain books and make certain returns, and providing for punishing by fine and imprisonment "any person who willfully violates any of the provisions of this section," although section 5 of the same act applies in express terms to corporations, and gives the court discretionary power to punish either by fine or imprisonment or both. United States v. Union Supply Co., 30 Sup. Ct. 15, 215 U. S. 50, 54 L. Ed. 87.

A private corporation, as well as an in

dividual, is included in the word "person," as used in section 2271, Gen. St. 1901, defining the crime of libel. State v. Williams. 85 Pac. 938, 940, 74 Kan. 180.

✓ The word "person," in the statute punishing one who by false pretenses obtains from "any other person" any money, etc., with intent to defraud, includes a domestic corporation. State v. Briscoe (Del.) 67 Atl. 154, 156, 6 Pennewill, 401.

Under Hurd's Rev. St. 1909, c. 131, § 1, subd. 5, providing that the word "person" extends to corporations, and Cr. Code, §§ 98, 99 (Hurd's Rev. St. 1909, c. 38), punishing the obtaining or attempting to obtain money by confidence game, and declaring that an indictment which charges that accused feloniously obtained, or attempted to obtain, from a person named his money by means of a confidence game, is sufficient, an indictment charging accused with attempting to obtain money from a corporation by means

of a confidence game need not name the per- brace corporations, and hence a corporation son or persons on whose mind accused op- is not indictable thereunder; the expressed erated and attempted to effect an imposi-purpose to exclude them overriding Shantion. People v. Goodhart, 94 N. E. 148, 248 non's Code, § 62, declaring the word "perIll. 373. son" to include a corporation. Standard Oil Co. v. State, 100 S. W. 705, 712, 117 Tenn. 618, 10 L. R. A. (N. S.) 1015.

Code Civ. Proc. § 1532, provides that where two or more persons are in possession of realty as tenants in common, etc., in which Anti-Trust Law, Acts 1903, p. 268, c. either of them has an estate of inheritance, 140, § 1, makes void all agreements, etc., be- etc., one or more of them may maintain an tween "persons or corporations" made with action for partition, and for a sale if partia view to the restriction of competition in tion cannot be made. General Construction the sale of articles, etc. Under section 2 the Law (Consol. Laws 1909, c. 22) § 37, provides charters of domestic corporations and the that the term "person" includes a corporalicenses of foreign corporations are forfeit- | tion. Religious Corporations Law (Consol. able for the making of such an agreement. Laws 1909, c. 51) § 12, provides that a reUnder section 3 any "person or persons" becoming parties to such an agreement are punishable by either fine or imprisonment or both. Under section 4, any "person or persons or corporation" damaged by such an agreement may recover against the offendHeld, that the words "person or persons" in section 3 were not intended to em

tions; section 12 referring to the procedure | sion or under his control on the first Monday in case of a voluntary sale of its own prop-in June in each year. Section 6872 declares erty by a religious corporation, and not pre- that the word "person" shall include corpoventing a partition sale. New York Home rations. Const. art. 16, §§ 5, 6, and 7, make Missionary Soc. v. First Freewill Baptist all property subject to taxation, except cerChurch and Society of Lawrence, 130 N. Y. tain specified exemptions, not including corSupp. 879, 880, 73 Misc. Rep. 128. porate stock, which is expressly made subject to tax by section 6873; and section 6902 provides that no person shall be required to list stocks, etc., of any corporation which is required to list or return its capital and prop

companies were required to list their stock for taxation, so that such stock is not assessable to the stockholders. Dallas County v. Banks, 113 S. W. 37, 38, 87 Ark. 484.

Pub. St. 1901, c. 245, § 5, provides that a person doing business in this state and residing outside the state may be summoned upon trustee process by serving the writ upon his servant or agent having charge of such busi-erty for taxation. Held, that local insurance ness. Chapter 2, § 9, provides that the word "person," as used in section 5, shall apply to "bodies corporate and politic as well as to individuals." Chapter 245, § 3, provides that a trustee writ shall be served upon the de- Medical Law (Laws 1907, p. 646, c. 344) § fendant and trustee, like a writ of summons. 15, makes it unlawful for any "person" not a Chapter 219, § 13, provides that service of registered physician to advertise to practice writs against corporations may be made medicine. Statutory Construction Law "upon the clerk, treasurer, cashier, or one of (Laws 1892, p. 1487, c. 677) § 5, makes the the directors, trustees, or managers, if any in term "person" include a corporation. Memthe state; otherwise upon any principal bership Corporations Law (Laws 1895, p. 354, member or stockholder, or upon any agent, c. 559) § 80, as amended by Laws 1900, p. 936, overseer, or other person having the care c. 404, authorizes the incorporation of hosof any property or charge of any of the busi-pitals, and provides that the "systems of ness of the corporation." Held, that the medical practice or treatment to be used" words "directors, trustees, or managers," as used in section 13, have reference to the board of directors, board of trustees, or board of managers of a corporation, and where a foreign corporation had no clerk, treasurer, cashier, or member of its executive board of control within the state, service of trustee process, in a suit commenced in M, county, was properly made on a person having charge of a timber lot in such county, though a vice president of the corporation and two superintendents of mills operated by it reside in C. county. Dinnin v. Hutchins, 76 Atl. 126, 127, 75 N. H. 470.

Municipal Court Act, Laws 1902, p. 1496, c. 580, § 20, declares the provisions of the Code of Civil Procedure are not to be deemed applicable to the Municipal Court when in conflict with the provisions of that act. Subdivision 18, § 1 (page 1489), provides that the jurisdiction of the Municipal Court extends to actions against a foreign corporation having an office in New York City. Subdivision 3, § 25 (page 1497), which section specifies the several districts in which actions in that court must be brought, after providing that, where all the parties reside out of the city, the action may be brought in any district, declares that no "person" who shall have a place in the city for the regular transaction of business shall be deemed a nonresident within the act. Held, that a corporation is included in the term "person" as used in the statutes. Sommese V. Florence Distilling Co., 107 N. Y. Supp. 630, 631, 56 Misc. Rep. 670.

may be specified in the certificate. Held that, since a hospital incorporated under the membership corporations law has legislative authority to practice medicine through a staff of registered physicians and surgeons, it is excepted from the operation of the 1907 act, but that act does apply to a corporation organized under Act Feb. 17, 1848 (Laws 1848, p. 54, c. 40), authorizing the formation of corporations for chemical purposes, etc., to manufacture chemical preparations and publish and sell books, etc., relating to the same, though a corporation cannot be registered as a physician. People v. John H. Woodbury Dermatological Institute, 109 N. Y. Supp. 578, 124 App. Div. 877; Id., 85 N. E. 697, 698, 192 N. Y. 454.

Const. art. 6, § 5, provides that the superior court shall have original jurisdiction in all criminal cases amounting to felony, and in cases of misdemeanor not otherwise provided for. Article 6, § 11, authorizes the Legislature to fix the powers of justices, provided they shall not trench on the jurisdiction of courts of record. Code Civ. Proc. § 115, confers jurisdiction on justices of all misdemeanors punishable by fine not exceeding $500 or imprisonment not exceeding six months, or by both such fine and imprisonment. Pen. Code, § 7, provides that the word "person" includes a corporation. Held, that a corporation accused of an offense, the punishment for which is by a fine not exceeding $200 or by imprisonment not exceeding 100 days, or by both fine and imprisonment, must be prosecuted before a justice; Pen. Code, §§ Kirby's Dig. § 6906, provides that each 1390-1397, relating to proceedings against person shall make a verified statement of all corporations, providing simply a mode of personal property, stocks, etc., in his posses-procedure against corporations charged with 3 WDS.& P.2D SER.-63