or being in any of the rivers or waters of this state, or in any boom therein, or on or near the shores or banks thereof. (R. S. 1889, § 2908.)

SEC. 1509. Nor place his own mark thereon.-No person other than the owner or his agent shall make or place, or cause to be made or placed, any mark upon any log, railroad tie or other timber or lumber upon or in any river or other waters in this state, or in any boom therein, or on or near the shores or banks thereof. (R. S. 1889, § 2909.)

SEC. 1510. Nor forge other person's marks. No person shall fasely make, forge or counterfeit any such mark, or use any mark in marking logs or other timber, knowing the same to be the mark of another person or corporation. (R. S. 1889, § 2910.)

SEC. 1511. Penalty last four sections.-Any person violating any of the four preceding sections shall be deemed guilty of a misdemeanor, and on conviction, punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or both such fine and imprisonment. (R. S. 1889, § 2911.) SEC. 1512. Damages.-Any person who shall, by himself or employe, without the consent of the owner thereof, take and convert to his own use, any log, spile, railroad tie or other timber or lumber not his own, floating upon, lying or being in any river or other waters in this state, or in any boom therein, or on or near the shores thereof, shall be liable in double damages, to the party injured, to be recovered by civil action by the owner thereof. (R. S. 1889, § 2912.)

SEC. 1513. Power of search-penalty for obstruction of search. It shall be lawful for any person or corporation owning any logs, spars, railroad ties or other timber or lumber, or the agent of any such person or corporation, to search and examine any rafts of logs and any railroad ties, logs, lumber or other timber, whether in rafts or booms, or wherever situate in any of the waters of this state, or on the shores thereof, to ascertain whether any logs, timber or lumber belonging to such person or corporation may be there found; and any person who shall willfully obstruct or hinder any person engaged in such search or examination shall be punished by a fine of not less than twenty nor more than five hundred dollars, or imprisonment in the county jail not more than six months, or by both such fine and imprisonment. This section shall not be deemed to give authority to break any rafts, or land or otherwise stop any such rafts, logs or other timber, without first obtaining a writ or warrant therefor from some court having jurisdiction to grant the same. (R. S. 1889, § 2913.)

SEC. 1514. May recover drifted timbers, how.-Whenever any logs, lumber, railroad ties, boards or other timber, in rafts or otherwise, shall be drifted or float upon any island in any of the waters or streams of this state, or upon the banks or shores of such waters or lands adjacent thereto, the owner of such logs, lumber, railroad ties, boards or other timber, or any person or corporation entitled to the possession thereof, may, at any time within six months, remove the same by paying or tendering to the owner of such bank, shore or lands such reasonable damages as may have been caused by such occupancy and removal, and if the amount of such damages cannot be agreed upon, may make and deliver to the owner of such shores, banks or lands a bond in such penal sum and with such sureties as shall be approved by the clerk of the circuit court of the county, conditioned for the payment of all damages which may have been caused by the drifting or floating of such logs, railroad ties, boards, lumber or other tim

ber upon such shores, banks or lands, and the removal thereof. Such bond shall be fixed by the clerk upon the affidavit of the party, or his agent or attorney, owning such lumber, logs, railroad ties or other timber, of the value and amount of the same, and the damages sustained to such land, and that will be sustained by such removal, and such bond shall be in at least double the amount of the probable damages to such land: Provided, that the owner of the land may file with the clerk a like affidavit of the probale amount of such damages, which shall also be considered; and upon the execution and delivery of such bond, such owner or his agent may enter upon said land and remove such lumber, logs, ties or other timber therefrom, and thereafter any action for such damages shall be brought upon such bond. If such lumber, logs, ties, boards or other timber shall not be removed within six months from the time the same is drifted or floated upon said land, the owner thereof shall be deemed to have forfeited all right thereto to the owner of the land where the same may have drifted or lodged: Provided, however, that no forfeiture shall accrue under this section until the owner of said land or his agent shall have given thirty days' notice, by publication in some weekly newspaper published in said county, or if no newspaper is published in said county, then in the nearest weekly newspaper thereto, giving a description of such logs, lumber or other timber, the marks on the same, if any, and the date when drifted or lodged upon said land as near as may be known, and the place where drifted or lodged; and the expense of such publication shall be paid by the owner of such logs, lumber, ties or other timber, if removed by him: Provided, that such notice shall not be given until such lumber, logs, ties or other timber shall remain on said land for thirty days; and provided further, that if the land upon which such logs, ties, lumber or other timber may be lodged or drifted shall be improved, cultivated lands, the notice herein provided for may be given at any time after the same has remained on said land ten days, and in such case the forfeiture herein provided for shall be deemed to be complete after the lapse of three months from the time such logs, lumber, ties or other timber may be drifted or lodged on such land and remain unremoved; and provided further, that from lands where it is desired and needful to at once cultivate, the owner or occupier thereof may immediately remove such logs, lumber or other timber to some other place on his said land not needed or desired for use or cultivation, where the same shall be subject to the provisions of this section as upon improved, cultivated lands, and the reasonable cost of such removal shall be deemed a portion of the damages herein provided for; but such removal shall be made so far as practicable as to facilitate the restoration of such logs, lumber or other timber into the stream from whence it came. (R. S. 1889, § 2914.)

SEC. 1515. Liability of directors for paying unearned or unreasonable salary.-If the directors of any corporation organized under the provisions of this chapter and article shall pay any of their officers, managers or superintendent any unearned or unreasonable salary, such director or directors shall be jointly and severally liable to each and every stockholder, in proportion to stock held, for the amount of unearned or unreasonable salary so paid, and the same may be recovered by law in any court having jurisdiction: Provided, that any director not voting for the payment of such salary, but protesting against it, shall in no manner become liable. (Laws 1895, p. 100.)

SEC. 1516. Express companies declared common carriers. All companies or corporations doing an express or carrying business over any of the railroads now operated and run or which may be hereafter operated and run in the state of Missouri, are hereby declared to be and are common carriers within the meaning of the constitution. (Laws 1893, p. 122.)

SEC. 1517. To file schedules of rates of charges with railroad and warehouse commissioners.-Within sixty days. after this article shall become a law, all express companies or corporations doing an express carrying business over any of the railroads now operated and which may hereafter be operated in the state of Missouri, shall be and are hereby required to file with the state board of railroad and warehouse commissioners a complete and specific schedule of their classifications of all matter and merchandise received by them for carriage and transportation, together with a detailed statement of their rates of charges in each of the classes into which their freight and express matter, as above, is divided; and if there be any rules or regulations which change, determine or affect any part of the aggregate of such rates and charges, such rules and regulations shall accompany such schedule; and if any two or more of such express companies doing business in this state as aforesaid, have joint rules and regulations and charges for the exchange of articles of express or other matter so carried by them, the said rules and regulations and schedule of charges shall also be filed with the said board of railroad and warehouse commissioners within the time specified above. (Laws 1893, p. 122.)

SEC. 1518. Board of railroad and warehouse commissioners to regulate classifications and charges.-The board of railroad and warehouse commissioners, when said schedule of classifications and charges shall have been filed as above required, shall, if said classifications and charges be deemed unjust and unreasonable, have full power and authority to alter and amend the classifications, and to establish and fix maximum rates of charges (and such rates established by the railroad and warehouse commissioners shall be prima facie evidence that such rates are reasonable) for all kinds and classes of such articles as may be received for carriage and transportation by any such express company or corporation doing business in this state, having regard to the distance or distances any such articles may have to be so carried or transported, and to compel the said companies or corporations to exchange business at all railroad crossings or junctions, when freight or passenger depots are or may be established, and to establish equitable rates between such companies or corporations so exchanging articles in transit. And no company or

corporation doing an express business in this state as aforesaid shall have power to alter or amend the schedule of classifications or rates. of charges, when so fixed or approved by said board of railroad and warehouse commissioners, without the consent and approval of said board. (Laws 1893, p. 122.)

SEC. 1519. Discrimination prohibited.-All express companies or corporations doing business as aforesaid are hereby prohibited from discriminating in favor of any particular shipper in any manner whatever, directly or indirectly, by any special rate, rebate, drawback or other device, and it shall be unlawful for any such company or corporation to give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage with respect to such transportation; and all such express companies or corporations shall afford equal facilities for the interchange of traffic between their respective lines, and shall not discriminate in their accommodations, rates, classifications or charges between such connecting lines and places. (Laws 1893, p. 122.)

SEC. 1520. Railroad and warehouse commissioners to investigate charges.- Said board of railroad and warehouse commissioners, either upon their own motion or upon the complaint of any individual, firm, company or corporation, shall have full power to investigate all charges of any violations of any of the above provisions, and shall have power to send for persons and papers, administer oaths. and examine and compel the attendance of witnesses, and if, in their judgment, there be reasonable evidence of any violation of any of the provisions of this act, said board of railroad and warehouse commissioners shall transmit such evidence to the attorney-general of the state. (Laws 1893, p. 122.)

SEC. 1521. Duty of attorney-general.-The attorney-general, on the receipt of such evidence, shall immediately proceed against the offending company or corporation in the name and to the use of the state, in any court having competent jurisdiction; and if on the trial of such cause any company or corporation doing business as aforesaid shall be found guilty of violating any of the provisions of sections 1518 and 1519 of this article, the said company or corporation shall be fined in a sum of not less than two hundred dollars and not more than one thousand dollars. And if any express company or corporation doing business as aforesaid shall fail, neglect or refuse to file its schedule of classifications and rates of charges as required by section 1517 of this article, said company or corporation shall forfeit to the state the sum and amount of two hundred dollars for each and every day it shall neglect, fail or refuse to file said schedule-said sum to be recovered by civil suit in any court having competent jurisdiction, said suit or suits to be brought by the attorney-general of the state, in the name of the state, at the relation and to the use of the board of railroad and warehouse commissioners. (Laws 1893, p. 122.)

SEC. 1522. Governor may appoint additional counsel.. The governor may, at the solicitation of the attorney-general, appoint additional counsel, when he may deem it necessary for the vigorous prosecution of said suit or suits as herein provided for, and any sum or amount so recovered in any suit or suits shall be paid into the treasury of the state to the credit of the general revenue fund. (Laws 1893, p..

SEC. 1523. Who may form corporation — articles of agreement shall set forth, what.-Any twenty-five or more persons, who shall have associated themselves by articles of agreement, in writing, as provided by law, for the purpose named in section 1528 of this article, may be incorporated under any name or title designating the business to be transacted. The articles of agreement aforesaid shall set forth: First, the corporate name of the proposed corporation, which shall not be the name of any other corporation heretofore incorporated in this state for similar purposes, or an imitation of such name; second, the name of the city, town or county in which the corporation is to be located; third, the amount of the capital stock of the corporation, the number of shares and the par value thereof, which shall not be less than ten dollars nor more than one hundred dollars per share, and that not less than one-half of the entire amount thereof has been subscribed in good faith, and ten per cent. of the amount subscribed actually paid up in lawful money of the United States, and is either in the possession of the persons named as the first board of directors, or has been disbursed for preliminary expenses of organization; fourth, the names and places of residence of the first fifty of the subscribing shareholders and the number of shares subscribed by each; fifth, the number of the board of directors and the names of those agreed upon for the first year; sixth, the number of years the corporation is to continue, which in no case shall exceed ten years; seventh, the purposes for which the corporation is formed. (New section.)

SEC. 1524. Articles of agreement, how signed and acknowledged secretary of state to issue certificatesrights, powers and privileges of corporation.—The articles of agreement shall be signed and acknowledged by the parties thereto, and recorded in the office of the recorder of deeds of the county or city in which the corporation is to be located, and a certified copy of such recorded instrument shall be filed in the office of the secretary of state, who shall thereupon give a certificate that said corporation has been duly organized, and such certificate shall be taken by all courts of this state as evidence of the corporate existence of such corporation. The persons so acknowledging such articles of association, and their successors, shall, for the period designated in such articles of association not to exceed ten years next succeeding the issuing of such certificate by the secretary of state, be a body corporate, and by such