Gambar halaman
PDF
ePub

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 A corporation is a “person," within the Oil Co. v. State, 100 S. W. 705, 712, 117 Tenn. meaning of Rev. St. § 4901, which imposes a 618, 10 L. R. A. (N. S.) 1015. penalty on "every person" who marks an un- Consolidated School Law, $ 63, provides patented article with any word importing that school district taxes shall be apportionthat the same is patented for the purpose of ed by the trustees upon all real estate withdeceiving the public, and may be convicted in the district, and such property shall be of such offense. London v. Everett H. Dun- assessed to the person or persons or corporabar Corp., 179 Fed. 506, 507, 103 C. C. A. 130. tion owning or possessing it, except that

The word “persons,” in Rev. St. 1899, land lying in one body, and occupied by the 2815, authorizing the courts to parole per- same person, if assessed as one lot on the sons convicted of crime, when considered in last assessment roll of the town, shall, though connection with the act of 1907 (Laws 1907, situated partly in two or more school disp. 385), authorizing the court to permit per: tricts, be taxable in that one of them in sons convicted of crime to go at large in which such occupant resides. Held, that a specified instances, does not include corpo- corporation owning land in the district is rations, but is limited to natural persons. not a "person,” within the exception of the State ex rel. Howell County v. West Plains act, and a corporation owning a tract of Telephone Co., 135 S. W. 20, 22, 232 Mo. 579. land upon which were over 50 buildings used

for manufacturing purposes, and which lay Pen. Code, $ 179, defines homicide as the partly in another district, could not have it killing of one human being by the act, pro- taxed in the other district because its of curement, or omission of another, and man- fices were in that district. People ex rel. slaughter is defined to be one of the dif- Fleischmann Mfg. Co. v. Marenus, 118 N. Y. ferent kinds of homicide. Manslaughter in Supp. 838, 839, 134 App. Div. 170. the second degree is defined to be a homicide without design to effect death, commit

It is a sufficient compliance with St. ted by a person committing or attempting 1898, § 856, providing that the survey, map, to commit a trespass or other invasion of a

and census of territory proposed to be inprivate right not amounting to a crime, or corporated as a village shall be left for pubin the heat of passion, or due to any act, pro- of business within such territory of some

lic examination at the "residence or place curement, or culpable negligence of any person, which does not constitute the crime of person residing therein,” that it is left at murder, or manslaughter in the first degree. the office of a corporation, the most freThe statutory construction law provides that quented place in the community; there havthe term “person” includes a corporation, ex- ing been compliance with the provision of cept where the context or other provisions the statute that the notice of time and place of law indicate otherwise. Held, that as of hearing shall state where such papers are homicide is the killing of one human being open for examination, and it being provided by another human being, and as manslaugh- by section 861 that defects not going to the ter is one kind of homicide, a corporation groundwork of the organization shall not be cannot commit that crime, and that the term deemed to invalidate the incorporation. In "person" as used in the definition of man

re Village of Biron, 131 N. W. 829, 830, 146 slaughter in the second degree refers to a

Wis. 444. “natural person” only. People v. Rochester Code Civ. Proc. 1532, provides that R. & Light Co., 112 N. Y. Supp. 362, 59 Misc. where two or more persons are in possession Rep. 347.

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) 8 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” be- ligious corporation shall not sell its realty coming parties to such an agreement are without applying and obtaining leave of court punishable by either fine or imprisonment or pursuant to the Code of Civil Procedure, and both. Under section 4, any “person or per- provides for the sale of the property of cer. sons or corporation" damaged by such an tain churches, in the manner stated. Held, agreement may recover against the offend- that an action for the partition and sale of ers. Held, that the words “person or per- property jointly owned by two religious corsons” in section 3 were not intended to em- porations would lie between such corpora

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, 88 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 Pub. St. 1901, c. 245, § 5, provides that a to tax by section 6873; and section 6902 properson doing business in this state and resid- vides that no person shall be required to list ing outside the state may be summoned upon stocks, etc., of any corporation which is retrustee process by serving the writ upon his quired to list or return its capital and propservant or agent having charge of such busi- erty for taxation. Held, that local insurance ness. Chapter 2, § 9, provides that the word companies were required to list their stock “person," as used in section 5, shall apply to for taxation, so that such stock is not as"bodies corporate and politic as well as to sessable to the stockholders. Dallas County individuals.” Chapter 245, 8 3, provides that v. Banks, 113 S. W. 37, 38, 87 Ark. 484. 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 may be specified in the certificate. Held used in section 13, have reference the that, since a hospital incorporated under the board of directors, board of trustees, or board membership corporations law has legislative of managers of a corporation, and where a authority to practice medicine through a foreign corporation had no clerk, treasurer, staff of registered physicians and surgeons, it cashier, or member of its executive board of is excepted from the operation of the 1907 control within the state, service of trustee act, but that act does apply to a corporation process, in a suit commenced in M, county, organized under Act Feb. 17, 1848 (Laws was properly made on a person having charge 1848, p. 54, c. 40), authorizing the formation of a timber lot in such county, though a vice of corporations for chemical purposes, etc., to president of the corporation and two superin- manufacture chemical preparations and pubtendents of mills operated by it reside in C. lish and sell books, etc., relating to the same, county. Dinnin v. Hutchins, 76 Atl. 126, 127, though a corporation cannot be registered as 75 N. H. 470.

a physician. People v. John H. Woodbury Municipal Court Act, Laws 1902, p. 1496, Dermatological Institute, 109 N. Y. Supp. 578, c. 580, § 20, declares the provisions of the 124 App. Div. 877; Id., 85 N. E. 697, 698, 192 Code of Civil Procedure are not to be deemed N. Y. 454. applicable to the Municipal Court when in Const. art. 6, § 5, provides that the supeconflict with the provisions of that act. Sub- rior court shall have original jurisdiction in division 18, § 1 (page 1489), provides that the all criminal cases amounting to felony, and jurisdiction of the Municipal Court extends in cases of misdemeanor not otherwise proto actions against a foreign corporation hav- vided for. Article 6, 8 11, authorizes the Leging an office in New York City. Subdivision islature to fix the powers of justices, provid3, $ 25 (page 1497), which section specifiesed they shall not trench on the jurisdiction the several districts in which actions in that of courts of record. Code Civ. Proc. $ 115, court must be brought, after providing that, confers jurisdiction on justices of all misdewhere all the parties reside out of the city, meanors punishable by fine not exceeding the action may be brought in any district, $500 or imprisonment not exceeding six declares that no “person" who shall have a months, or by both such fine and imprisonplace in the city for the regular transaction ment. Pen. Code, 7, provides that the word of business shall be deemed a nonresident "person” includes a corporation. Held, that within the act. Held, that a corporation is a corporation accused of an offense, the punincluded in the term “person" as used in the ishment for which is by a fine not exceeding statutes. Sommese v. Florence Distilling $200 or by imprisonment not exceeding 100 Co., 107 N. Y. Supp. 630, 631, 56 Misc. Rep. days, or by both fine and imprisonment, must

be prosecuted before a justice; Pen. Code, 88 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- I procedure against corporations charged with

3 WDS.& P.20 SEB.-63

670.

crime which, if not applicable to prosecutions, Chittenden Power Company, and the Rutbefore a justice, would not divest the justice land City Electric Company consolidated of jurisdiction, but Code Civ. Proc. $ 187, with the Vermont Internal Improvement permitting the use of any suitable mode of Company. Section 2 provided that all the procedure, would apply. People v. Palermo charter rights, powers, etc., conferred upon Land & Water Co., 89 Pac. 723, 725, 4 Cal. the five companies should be conferred upon App. 717.

the Rutland Railway, Light & Power ComRev. St. c. 23, $ 68, relating to ways, pany. Held, that the word “persons" used in provides that when a way is changed in section 800 included previously existing corgrade by a road commissioner or "person porations, as well as natural persons; and authorized,” to the injury of an abutting when Act No. 303 became a law the Rutland owner, he may apply in writing to the munic- Railway, Light & Power Company became a ipal officers for an assessment of damages oc- corporation by special act, making the charcasioned thereby to be paid by the town. ter fee, which should have been deposited Chapter 53, $ 19, relating to street railroads, when the bill was introduced, belong to the provides that such road shall be constructed state, but if it was not deposited when the and maintained in such manner and upon bill was introduced the state might theresuch grades as the municipal officers of the after collect it by a suit against the consolitowns where they are located may direct, and dated company. State v. Rutland Ry., Light & when, in the judgment of such corporation, Power Co., 81 Atl. 252, 254, 85 Vt. 91. it shall be necessary to alter the grade of any Proprietor of restaurant road, the alteration shall be made at the The proprietor of a restaurant is a “perexpense of the corporation in accordance with son" and his restaurant is a “place” within the directions of the municipal officers. the city of Denver within the purview of Held, that the two sections should be con- Denver Ordinance 1902, No. 102, § 1, providing strued together, and under Rev. St. c. 1, § 1, that no person shall, within the limits of the rules 2 and 14, by which the word “person" city, sell or give away intoxicating liquors may include a corporation and singular to be drunk upon the premises where sold words include plural, where a grade was es- or at any place. Scanlon v. City of Denver, tablished by municipal officers at the request 88 Pac. 156, 157, 38 Colo. 401. of a railroad company, it must be deemed to

Public or municipal corporation have been done by a "person authorized" within the meaning of section 68, and though

V. S. 21, provides that the word "person" section 68 provides that the damages shall may extend and be applied to bodies corpobe assessed by the municipal officers to be rate and political. Gokey v. Boston & M. R. paid by the town, and section 19 that the Co., 130 Fed. 994, 995. alterations shall be at the expense of the cor

The word "person,” as provided by Ky. poration, yet the word "expense" in section St. $ 457, may extend and be applied to bodies 19 will include the damages to landowners, politic and corporate, societies, communities, which, if paid by the town, are a part of the and the public generally. Commonwealth v. expense of the alteration, and are recover-Adams Exp. Co., 97 S. W. 386, 387, 123 Ky. able by the town from the railroad corpora

720. tion. Hurley v. Inhabitants of South Thom- A municipality is not a "person" or "coraston, 74 Atl. 734, 736, 105 Me. 301.

poration," within Rev. Laws, c. 171, $ 2, as Acts 1898, No. 19, as originally enacted, amended by St. 1907, c. 375, which makes referred to “any body or persons" seeking in- persons and corporations liable for negligent corporation, etc., but as revised and re-enact- death. Donahue v. City of Newburyport, 98 ed by P. S. 800, provided that “persons" seek. N. E. 1081, 1082, 211 Mass. 561, Ann. Cas. ing incorporation by a special act of the

1913B, 742. General Assembly should, before the bill was

Code 1896, § 27, provides that personal introduced for that purpose, deposit as pro- representatives may recover for decedent's vided the fee therein specified. P. S. 26 per death, caused by the wrongful act, omission, or mits the word “persons” to be applied to negligence of any person or persons, or corpo bodies corporate and politic. In 1896 the ration. Section 1 provides that the use of People's Gas Light Company, the Rutland the word “person,” used in the Code, "inStreet Railway Company, the Vermont Inter- cludes a corporation as well as natural pernal Improvement Company, and the Chitten- sons." Held, that the personal representaden Power Company filed with the Secretary tive of a person injured by a city sewer ditch of State an agreement for consolidation, the had a cause of action against the city. City consolidated company being styled the Rut-of Anniston v. Ivey, 44 South. 48, 49, 151 land Railway, Light & Power Company, and Ala. 392. all the property being turned over to it, but The city granting the right to a corporait had never paid any charter fee. Acts 1908, tion to operate an interurban railway on its No. 303, § 1, legalizes all acts and contracts streets is a proper plaintiff in an action, in whereby the Rutland Street Railway Com- virtue of the statute (Gen. St. 1901, $ 5150), pany, the People's Gas Light Company, the authorizing it to be brought by a person claiming an interest adverse to the franchise, | notice given, or demand made by the county, which is its subject, as a municipal corpora- without explanation, conveys no information tion is a "person" within the meaning of the whatever to the bearer or reader, as to the word as there used. City of Olathe v. Mis- particular individual through or by whom the souri & K. I. Ry. Co., 96 Pac. 42, 43, 78 Kan. act, notice, or demand, is alleged to have 193.

been effected, so that an allegation, in an inAlthough a “municipal corporation” has dictment against a county treasurer for emdelegated to it certain powers of government, bezzlement, that the county had demanded it is only in reference to those delegated the funds, was wholly insufficient. State v. powers that it will be regarded as a govern- McKinney, 106 N. W. 931, 933, 130 Iowa, 370. ment. In reference to all of its transactions, Rev. St. 1898, § 661, provides that no such as affect its ownership of property in execution shall issue on a judgment against buying, selling,' or granting, and in reference a county except on leave of court, obtained to all matters of contract it must be looked after the time when the town treasurers upon and treated as a private person, and its should by law have made returns of taxes. contracts construed in the same manner and Other statutory provisions contemplate the with like effect as those of natural persons. collection of judgments against counties by Davoust v. City of Alameda, 84 Pac. 760, the levy of a tax. Section 2902 makes à 761, 149 Cal. 69, 5 L. R. A. (N. S.) 536, 9 judgment a lien on the real property of every Ann. Cas. 847.

"person" against whom such judgment shall “The Regents of the University of Ida- be rendered and docketed. Held, that a judgho," created a corporation by the laws of the ment against a county is not a lien on land territory and the Constitution of the state, bought in by the county for taxes, notwithis a public corporation and an agency of the standing the provision of Rev. St. 1898, § state, and as such is not subject to garnish- 2902, that the word “person” shall extend ment in the absence of a statute clearly and be applicable to bodies corporate unless evincing the purpose of the Legislature to plainly inapplicable. Buell v. Arnold, 102 'subject public corporations to such process;

N. W. 338, 340, 124 Wis. 65, 4 Ann. Cas. 100. and the general provision that any “person” Same-State may be garnished is not sufficient for that

Code 1899, c. 31, $ 25, requiring the owner purpose, although the word "person” is ex- of property sold for taxes to tender to the pressly defined by the statutes as including claimant of the tax title the taxes and intera corporation; such provisions being gener est required to be refunded, relates to "perally construed as restricted to private or sons," and does not apply to the state. State business corporations. Moscow Hardware

v. Harman, 50 S. E. 828, 830, 57 W. Va. 447. Co. v. Colson, 158 Fed. 199, 201.

Dispensary commissioners and the manCode Civ. Proc. $ 1391, providing that, on

ager thereof are officers of the state, and are the return of an unsatisfied execution on a not, as such, suable under Civ. Code 1895, $ judgment for necessaries, the court shall grant 3871, giving a parent a right of action against an order for execution against the salary or any person selling spirituous liquor to his wages of the judgment debtor, and it shall be minor son. Fowler v. Rome Dispensary, 62 the duty of any “person or corporation” to S. E. 660, 663, 5 Ga. App. 36. whom the execution shall be presented, and who shall be indebted to the judgment debtor,

The word "person,” in Rev. St. U. S. $8 to pay over to the officer the amount of the 3140, 3232, 3244, providing that every person debt, does not authorize the institution of selling or offering for sale distilled spirits the supplementary proceedings therein pro- shall be regarded as a retail dealer in liqvided for against a municipal corporation to uors and must pay the special tax imposed, reach the salary of a police officer. Rosen- and declaring that the word “person" shali stock v. City of New York, 91 N. Y. Supp. when not otherwise distinctly expressed be 737, 739, 101 App. Div. 9; Chapman & Co. v. construed to mean and include a partnership, Same, 91 N. Y. Supp. 1090, 101 App. Div. 607. association, company, or corporation, includes

the dispensing and selling agents of the state, Same--County

which in the exercise of its sovereign power Each organized county is a body corpo- has taken charge of the business of selling rate, and as such deemed to be a “person,” intoxicating liquors, and the United States within Const. art. 6, § 2, which provides that may exact in such case a license tax prescribno person shall be deprived of life, liberty, ed by Internal Revenue Laws for dealers in or property without due process of law, intoxicating liquors. State of South CaroHarris v. Stearns, 97 N. W. 361, 362, 17 S. lina v. United States, 26 Sup. Ct. 110, 111, D. 439.

199 U. S. 437, 50 L. Ed. 261, 4 Ann. Cas. 737. “A county may, for some purposes, be Under Bankr. Act July 1, 1898, c. 541, 8 considered a 'person' in law, but it is a corpo- la, cls. 6, 19, c. 541, 30 Stat. 544, 545, which rate person which can speak and act only define “persons" as including corporations through its appropriate officers and agents.” and “corporations” as meaning "all bodies Hence an allegation that an act was done or having any of the powers and privileges of private corporations not possessed by individ-, tion, etc., the court, in proceedings to assess uals or partnerships,” a state is a person, damages and benefits for the change of the and under section 64b (5) is entitled to prior- grade of a highway, may not order a jury ity for a debt due it from the estate of a to make a reassessment of damages and benebankrupt which is given priority by its own fits on the application of the town by its se insolvency law. In re Western Implement lectmen; the selectmen not being referred to Co., 166 Fed. 576, 582.

by the words "person or persons,” in the Laws 1905, p. 370, c. 175, in amendment quoted clause. Selectmen of Town of Montof Code Civ. Proc. $ 1391, authorizing an ville v. Alpha Mills Co., 81 Atl. 1051, 1052, 85 execution against the wages or salary of the Conn. 1. judgment debtor, and making it the duty of Women any person or corporation, municipal or oth

A woman is a “person" within the conerwise, to whom the execution shall be pre templation of Const. U. S. Amend. 14, § 1, sented, and who shall be indebted to the judg- and entitled to the equal protection of the ment debtor, to pay over to the officer the laws. Carrithers v. City of Shelbyville, 104 amount of the debt, does not authorize the S. W. 744, 745, 126 Ky, 769, 17 L. R. A. (N. issuance of an execution against the salary s.) 421 (citing Santa Clara County v. Southof a state officer; the state being neither a ern Pac. R. Co., 18 Fed. 385). person nor a corporation nor a municipal corporation. Osterhoudt v. Keith, 117 M. Y. PERSON AGGRIEVED Supp. 809, 810, 133 App. Div. 83.

See Aggrieved. The champerty act (1 Rev. St. p. 739 (1st PERSON APPEARING OF RECORD AS Ed.] p. 2, c. 1, tit. 2, § 147) provides that

OWNER "every grant of land shall be absolutely void,

See Owner of Record. if at the time of the delivery thereof, such lands shall be in the actual possession of a PERSON ARRIVING IN THE UNITED person claiming under a title adverse to that

STATES of the grantor." Section 5 of the statutory

Tariff Act July 24, 1897, c. 11, & 2, Free construction law (Laws 1892, p. 1487, c. 677) List, par. 697, 30 Stat. 202, provides for “perprovides that “the term 'person’ includes a sonal effects of persons arriving in the Unitcorporation and a joint-stock association," ed States," with a proviso relating to “resiand when used to designate a party whose dents of the United States returning from property may be the subject of any offense, abroad." Held, that the first provision is the term “person" also includes the state. only for immigrants, and that the proviso Held, that the state could therefore only concerns Americans only. United States F. be included as a “person" when the statute Bernays, 158 Fed. 792, 794, 86 C. C. A. 52. relates to any of its property which may be the subject of an offense, and hence the PERSON ASSESSED champerty act does not apply to the posses- See, also, Assess. sion of the state, and that, if the forest

Assignors in a common-law assignment commission could be regarded as in actual for the benefit of creditors to the assignee in possession for the state, it would not render trust to pay preferred claims including taxes the statute applicable as it is no more a “per- are the “persons assessed" for taxes within son" than is the state. Saranac Land & Tim- Rev. Laws 1902, c. 13, $ 32, authorizing a tas ber Co. v. Roberts, 109 N. Y. Supp. 547, 125 collector to collect a tax by action against App. Div. 333; Id., 88 N. E. 753, 760, 195 N. the “persons assessed,” and they are propY. 303.

erly made parties defendant in an action Same-United States

for taxes as the persons primarily liable The United States is not a “person" with therefor. Boston v. Turner, 87 N. E. 634, in the meaning of Bankr, Act July 1, 1898, c. 637, 201 Mass. 190 (citing Ricker v. Brook, 541, § 64, 30 Stat. 563. Title Guaranty & 29 N. E. 534, 155 Mass. 400). Surety Co. v. Guarantee Title & Trust Co.,

PERSON AUTHORIZED 174 Fed. 385, 387, 98 C. C. A. 603.

See Authorized by Law; Authorized PerSelectmen

Under Gen. St. 1902, 8 2067, authorizing persons interested in altering highways to re- PERSON BENEFICIALLY INTERmonstrate against the report of the commit- ESTED tee assessing benefits and damages, and em- See Beneficially Interested. powering the court to order a jury and "grant

PERSON BENEFITED relief to the person or persons making such application," when construed in connection

See Benefit. with section 2070, providing that, if the re PERSON CAUSING DEATH port of the jury shall not increase the dam

See Cause (verb). ages allowed or diminish the assessment of benefits, the court shall order the applicant PERSON CAUSING EXCAVATION for the jury to pay the costs of the applica- See Cause (verb).

[ocr errors]
« SebelumnyaLanjutkan »