CHAP. 131 Secs. 1, 2 and 3, ch. 286, Public Laws, 1889, amended. Foreign corporations, engaged in selling bonds, etc., shall first obtain license of bank examiner. -shall furnish examiner a detailed condition. Chapter 131. An Act to amend sections one, two and three, of chapter two hundred and eighty six of the- Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Sections one, two and three, of chapter two hundred and eightysix of the public laws of eighteen hundred and eighty-nine, are hereby amended, so as to read as follows: 'SECT. 1. No foreign corporation, or any agent or representative thereof, shall offer to sell, sell or negotiate in this state, any bonds, mortgages, notes or other choses in actions, issued, endorsed or guaranteed by it, unless it first obtains a license therefor from the bank examiner. Before receiving such license it shall furnish the examiner a detailed statement of its condition, which statement shall clearly describe the statement of its various classes of its assets and liabilities and shall be sworn. to by either its president, treasurer or secretary, and certified to be correct by at least two of its directors. Said statement. shall in all particulars be as full as the examiner may require. Upon receiving such statement the bank examiner may grant a license authorizing such corporation to conduct its business in this state subject to its laws until the first day of the next December, and such license may be renewed annually thereafter so long as the bank examiner regards the corporation responsible and safe, but in all cases to terminate on the first -license may be day of the succeeding December. The examiner may revoke such license at any time should he deem the condition of such corporation or its management unsafe, whereupon the right of such corporation to do business in this state shall terminate. For such license and each renewal, the corporation shall pay the examiner for his use twenty dollars.' revoked. -fees. Corporation shall publish statement in some newspaper. -shall appoint bank examiner to be its true and lawful attorney, upon whom processes may be served. 'SECT. 2. It shall be the duty of such corporation or its agents to publish at their own expense in some newspaper published in any town or city designated by the bank examiner, a copy of the statement furnished him. Every such corporation shall at the time of making application for license as herein before provided, appoint in writing the bank examiner or his successor in office to be its true and lawful attorney upon whom all lawful processes in any action or proceeding against it may be served, and in such writing shall agree that any lawful process against it which is served on said attorney shall be of the same legal force and validity as if served upon the corporation, and that the authority shall continue in force so long as any liability remains outstanding against the corporation in this state. Service made in such manner on said corporation in any such suit or proceeding shall be valid and binding thereon, and the judgment rendered therein shall bind the corporation as valid in every respect whether the defendants appear or not. If license is granted by the bank examiner he shall place said writing on file in his office to take effect therefrom, but if license is not granted by him it shall be returned to the corporation. Copies of said writing, certified by the bank examiner, shall be deemed sufficient evidence thereof. When legal process against any such corporation is served upon said bank examiner, he shall within ten days thereafter mail a copy thereof, postage prepaid, directed to the address of said corporation, or to any person designated by said corporation in writing. The plaintiff in each process so served shall pay to the bank examiner at the time of such service, a fee of two dollars which shall be recovered by him as a part of his taxable costs if he prevails in the suit.' CHAP. 131 Corporation and under the agents, are supervision of examiner, and shall furnish standing, when statements of required. "SECT. 3. Such corporation and its agents for the purposes hereinbefore mentioned, are under the supervision of the bank examiner and shall at all times at his request furnish the bank him such statements and information as he may desire, together with full facilities to ascertain the true condition and standing of the same, and no person shall act as agent or representative of such corporation before the license herein. provided is granted or after the same has been revoked. Any person violating any of the provisions of this act shall penalty, for be deemed guilty of a misdemeanor, and on conviction thereof be liable to a fine not exceeding five hundred dollars or imprisonment not exceeding sixty days, or both. All provisions in sections one, two and three of the aforesaid inconsistent chapter two hundred and eighty-six, inconsistent with this act are hereby repealed.' violation of this act. acts, repealed.. Approved April 3, 1891. CHAP. 132 Sec. 4, ch. 27, Licensing board, -any citizen Sec. 31, Intoxicating state for unlaw. Chapter 132. An Act to amend chapter twenty-seven of the Revised Statutes as amended by chapter three hundred and sixty-six of the Public Laws of eighteen hundred and eighty-five, and chapter one hundred and forty of the Public Laws of eighteen hundred and eighty seven, relating to Intoxicating Liquors. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT 1. Amend section fourteen of chapter twenty-seven of the revised statutes by adding thereto the following: Any citizen of the state may prosecute for any violation of any of the preceding sections of this act, in the same manner as the licensing board may prosecute,' so that said section shall read as follows: 'SECT. 14. The licensing board shall prosecute for any violations of the foregoing sections that come to their knowledge, by complaint, indictment or action of debt; and all penalties recovered shall inure to the town where the offence is committed. Any citizen of the state may prosecute for any violation of any of the preceding sections of this act in the same manner as the licensing board may prosecute.' SECT. 2. Section thirty-one of chapter twenty-seven of the revised statutes, as amended by section three of the public laws of eighteen hundred and eighty-seven, is hereby amended, so that said section as amended, shall read as follows: 'SECT. 31. No person shall knowingly bring into the state brought into the or knowingly transport from place to place in the state, any intoxicating liquors, with intent to sell the same in the state in violation of law, or with intent that the same shall be sold by any person, or to aid any person in such sale, under a penalty of five hundred dollars and costs for each offence, and in addition thereto shall be imprisoned one year. 84M25 -penalty. any employe of In default of payment of said fine and costs the party shall suffer an -removal of, by additional imprisonment of one year. Any servant, agent or employe of any railroad corporation, or of any express company doing business in this state, who shall remove any intoxicating liquors from any railroad car at any place other than the usual and established stations, depots or places of business of such railroad corporation, or who shall aid in or consent to such removal, shall be subject to a penalty of fifty dollars for every such offence; provided, that said penalty shall not apply to any liquor in transit when changed from car to car to facilitate transportation. All such liquors intended -penalty. for unlawful sale in the state, may be seized while in transit and proceeded against the same as if they were unlawfully kept and deposited in any place. And any steamboat, railroad or express company knowingly transporting or bringing such liquors into the state shall be punished, upon conviction, by a fine of five hundred dollars and costs for each offence. Knowledge on the part of any authorized agent of such company shall be deemed knowledge of the corporation.' SECT. 3. Section seven of chapter one hundred and forty of the public laws of eighteen hundred and eighty-seven, amendatory of section thirty-seven of chapter twenty-seven of the revised statutes, is hereby amended so that said section thirty-seven, as amended, shall read as follows: CHAP. 132 -may be seized while in transit. any steamboat, Sec. 7, ch. 140, Public Laws, 1887, amenda tory of sec. 37, ch. 27, R. S., amended. houses, 'SECT. 37. No person shall keep a drinking house and Drinking tippling shop. Whoever sells intoxicating liquors in any prohibited. building, vessel or boat, contrary to law, and the same are-defined. there drank, is guilty of keeping a drinking house and tippling shop, and upon conviction thereof shall be fined one hundred dollars and costs, and in addition thereto be impris--penalty. oned sixty days. In default of payment of said fine and costs, the party shall suffer an additional imprisonment of sixty days.' SECT. 4. Section eight of the public laws of eighteen hundred and eighty-seven, amendatory of section forty of chapter twenty-seven of the revised statutes, is hereby amended so that said section forty as amended, shall read as follows: 'SECT. 40. If any person competent to be a witness in civil suits, makes sworn complaint before any judge of a municipal or police court or trial justice, that he believes that intoxicating liquors are unlawfully kept or deposited in any place in the state by any person, and that the same are intended for sale within the state in violation of law, such magistrate shall issue his warrant, directed to any officer having power to serve criminal process, commanding him to search the premises described and specially designated in such complaint and warrant, and if said liquors are there found, to seize the same, with the vessels in which they are contained, and them safely keep until final action thereon, and make immediate return on said warrant. The name of the person so keeping said liquors as aforesaid, if known to the complainant, shall Sec. 8, Public amendatory of Laws, 1887, вес. 40, warrants of seizure may be complaint. search and granted on СНАР. 132 -persons may be searched. -fluids poured out to prevent seizure, may be held to have been intended for unlawful sale. be stated in such complaint, and the officer shall be commanded by said warrant, if he finds said liquors or has reason to believe that such person has concealed them about his person to search the said person, and if such liquors are found upon his premises or person to arrest him and hold him to answer as keeping said liquors intended for unlawful sale. Any person who may be suspected of selling from, or keeping for illegal sale in his pockets, intoxicating liquors, may be searched in the same manner and by the same process as is provided for the search of places and if liquors are found upon his person, may be held to answer as though such liquors were found upon the person in the premises described in this section. If fluids are poured out or otherwise destroyed by the tenant, assistant or other person, when premises are about to be searched, manifestly for the purpose of preventing their seizure by officers authorized to make such search and seizure, said fluids may be held to have been intoxicating and intended for unlawful sale, and the penalties shall be the same as if said liquors had been seized. If the name of the person keeping such liquors is unknown to the complainant, he shall so allege in his complaint, and the magistrate shall thereupon issue his warrant as provided in the first sentence of this section. If upon trial, the court is of the opinion that the liquor was so aforesaid kept and intended for unlawful sale, by the person named in said complaint, or by any other person with his knowledge or consent, he shall be found guilty thereof, and sentenced to a fine of one hundred dollars and costs and in addition thereto be imprisoned sixty days. In default of payment of fine and costs the party shall be imprisoned sixty days additional. The payment of the United States special U.S. special tax tax as a liquor seller, or notice of any kind in any place of resort, indicating that intoxicating liquors are there sold, -name of person. -penalty. -payment of as liquor seller, shall be prima facie evidence, the person is a common seller. paying such tax kept or given away unlawfully, shall be held to be prima facie evidence that the person or persons paying said tax, and the party or parties displaying said notices, are common sellers of intoxicating liquors, and the premises so kept by them common nuisances.' Sec, 45, R. S., amended. SECT. 5. Section forty-five of the revised statutes is hereby amended so that when amended, it shall read as follows: |