if found correct, such president or person so appointed, shall try said scales or balances and seal the same if correct; and in case of his neglect so to do, such owner or keeper shall be exempt from the forfeiture prescribed in the next preceding section.

SECTION 1. All casks which shall be gauged in this state, shall be gauged by the method or rule commonly called gauging by Gunter, computing the gallon at 231 cubic inches. Care shall be taken to ascertain as near as may be practicable, the true average of the head and bung diameter-also of the internal length of the cask; its mean diameter shall be ascertained in accordance with the principles laid down in the work on the subject of gauging, by Daniel Anthony, published in Providence, A. D. 1817.

SEC. 2. The fees for gauging a single cask shall be twenty-five cents; and for gauging any number of casks not exceeding ten, ten cents each; and for any number above ten, seven cents each; the gauger who shall gauge any cask shall fairly mark with branding or marking irons on the head or bulge of each cask, the initials of his name, and the quantity of the gauge or capacity of such cask.

SEC. 3. Any person not holding the office of gauger, who shall put upon any cask any gauge or other permanent mark to denote the capacity of such cask, or who shall exercise the office of gauger or business of gauging, shall forfeit twenty dollars for each offence.

SEC. 4. Any person who shall sell any commodity by any gauge or gauge mark which shall not have been made by a gauger appointed under this chapter, shall forfeit the value of such commodity sold.

SEC. 5. The city council of the city of Providence may, whenever they deem it expedient, appoint for said city a gauger, who shall have power to appoint under him such persons deputy gaug ers, as said city council may approve: for the official conduct of such deputies he shall be answerable. Said gaugers shall be subject to such regulations as said city council may establish, not repugnant to law.

SEC. 6. Nothing in this chapter shall be construed to prevent the sale of any commodity under the lawful gauge or gauge mark of the United States, by the inspector of such commodity.

TITLE XIX.

Of Corporations.

CHAPTER 125. Provisions respecting corporations in general.
CHAPTER 126. Of banks and institutions for savings.

CHAPTER 127. Of returns of banks and institutions for savings.
CHAPTER 128. Of manufacturing corporations.

CHAPTER 129. Of insurance companies.

CHAPTER 130. Of railroad corporations.

CHAPTER 131. Of turnpike and toll-bridge corporations.

CHAPTER 132. Of voluntary associations.

CHAPTER 133. Of proprietors of common and undivided lands.

8. Who shall be considered the highest bidder on sale of franchise of corporation.

9. How the franchise shall be transferred;
rights of purchaser.

10. Purchaser may recover penalties.
11. Powers of corporation whose franchise
is sold.

12. How franchise may be redeemed.
13. Records of transfers of stock, where
kept; and of recording officer.
14. Acts of incorporation may be amended
or repealed by the general assembly.

7. What property may be levied upon on executions against corporations. SECTION 1. All corporations shall, when no other provision is specially made, be capable of taking, holding, transmitting and conveying property, real or personal, in their corporate name, to sue and be sued, appear, prosecute and defend to final judgment and execution in any courts or elsewhere; to elect, in such manner

as they shall determine to be proper, all necessary officers, and to fix their compensation and define their duties and obligations; and to make by-laws and regulations, consistent with law, for their own government, and for the due and orderly conducting of their affairs, and the management of their property.

SEC. 2. All corporations may, by their by-laws, where no other provision is specially made, determine the manner of calling and conducting all meetings, the number of shares that shall constitute a quorum; the number of shares that shall entitle the members to one or more votes; the mode of voting by proxy; the mode of selling shares for the non-payment of assessments; and the tenure of office of the several officers; and they may annex suitable penalties to such by-laws, not exceeding in any case the sum of twenty dollars for any one offence, but no such by-laws shall be made by any corporation, repugnant to any of the provisions of its charter.

SEC. 3. The first meeting of all corporations, except of banks, shall, unless otherwise provided for in their acts of incorporation, be called by a notice signed by any one or more of the persons named in the act of incorporation, and setting forth the time, place and purposes of the meeting; and such notice shall, seven days at least before the meeting, be delivered to each member, or published in some newspaper of the county, where the corporation may be established, or if there be no newspaper in the county, then in some newspaper of an adjoining county, provided that notice of the first meeting of incorporated religious societies may be affixed to the door, or some other conspicuous part of their meeting-house or usual place of assembling for religious purposes.

SEC. 4. Whenever by reason of the death, absence or other legal impediment of the officers of any corporation, there shall be no person duly authorized to call or preside at a legal meeting thereof, any justice of the peace in the county where such corporation is established may, on a written application of three or more of the members thereof, issue a warrant to either of said members, directing him to call a meeting of said corporation, by giving such notice as has been previously required by law, and the justice may, in the same warrant, direct such person to preside at such meeting, until a clerk shall be duly chosen and qualified, if there shall be no officer present legally authorized to preside thereat.

SEC. 5. Such corporation, when so assembled, may elect officers to fill all vacancies then existing, and may act upon such other business as might by law be transacted at regular meetings of the corporation.

SEC. 6. All corporations whose charters shall expire by their own limitation, or shall be annulled by forfeiture or otherwise, shall nevertheless be continued bodies corporate, for the term of three years after the time when they would have been so dissolved, for the purpose of prosecuting and defending suits by or against them, and of enabling them gradually to settle and close their concerns, to dispose of and convey their property, and to divide their capital stock; but not for the purpose of continuing the business for which such corporations have been or may be established.

SEC. 7. When final judgment shall be recovered against any turnpike or other corporation authorized to receive tolls, the franchise of such corporation, with all the rights and privileges thereof, so far as relates to the receiving of toll, and also all other corporate property, may be taken on execution and sold in the same manner as real estate belonging to corporations is liable by law to be taken and sold on execution.

SEC. 8. In the sale of the franchise of any corporation, the person who shall satisfy the execution, with all legal fees and expenses thereon, or who shall agree to take such franchise for the shortest period of time, and to receive during that time all such toll as the said corporation would by law be entitled to demand, shall be considered as the highest bidder.

SEC. 9. The return of the officer on such execution shall transfer to the purchaser, all the privileges and immunities which by law belonged to said corporation, so far as relates to the right of demanding toll; and the officer shall, immediately after such sale, deliver to the purchaser, possession of all the toll-houses and gates belonging to said corporation, in whatever county the same may be situated; and the purchaser may thereupon establish, demand and receive, to his own use, all the toll which may accrue within the time limited in the said purchase of said franchise; and during that time the corporation shall not be entitled to sue for such tolls, or to prosecute for any penalty for the non-payment thereof.

SEC. 10. Any person who shall purchase the franchise of any turnpike or other corporation, and the assignee of such person may recover, in an action on the case, any penalties imposed by law for an injury to the franchise, or for any other cause, and which such corporation would be entitled to recover during the time limited in the said purchase of the franchise; and during that time the corporation shall not be entitled to prosecute for such penalties.

SEC. 11. The corporation whose franchise shall have been sold as aforesaid, shall, in all other respects, retain the same powers and be bound to the discharge of the same duties, and liable to the same penalties and forfeitures as before such sale.

SEC. 12. Such corporation may, at any time within three months from the time of such sale, redeem the franchise, by paying or tendering to the purchaser thereof, the sum that he shall have paid therefor, with twelve per cent. interest thereon, but without any allowance for toll which he may have received; and upon such payment or tender, the said franchise, and all the rights and privileges thereof, shall revert and belong to said corporation, as if no such sale had been made.

SEC. 13. All records of transfers of stock of corporations incorporated by the sole authority of this state, shall be made and kept within this state, and the officer of every such corporation, whose duty it may be to record the transfer of shares in the capital stock thereof, shall, at the time of his election or appointment, be a resident of the state; and whenever such officer shall cease to be a resident therein, his office shall become vacant.

SEC. 14. All acts of incorporation hereafter granted, may be amended or repealed at the will of the general assembly, unless express provision be made therein to the contrary.

CHAPTER 126.

OF BANKS AND INSTITUTIONS FOR SAVINGS.