Robert C. (Robert Cushing) Cumming.

The annotated corporation laws of all the states, generally applicable to stock corporations ... in three volumes online

. (page 91 of 92)
Online LibraryRobert C. (Robert Cushing) CummingThe annotated corporation laws of all the states, generally applicable to stock corporations ... in three volumes → online text (page 91 of 92)
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occupied therein, accounts for which, prop-
erly verified, shall be audited by the secre-
tary of State. (1895, ch. 364, § 11.)



Beport.

S 17291 The State board shall, at the close
of evei.^ biennial fiscal term, make a report
to the governor, which shall contain a suc-
cinct statement of the decisions made by
them during the preceding two years, and
such recommendations as they may deem
proper; such report shall be printed to the
number of two thousand copies in the style
other otficial reports are printed and be dis-
tributed in the same way. (1895, ch. 364,
§ 5; amended by revisers of 1898.)

Local Boards of Arbitration.
Submission to arbitration; daoision; com-
pensation.
I 1729}. The parties to any controversy
within the provisions of section 1729c may
submit the same, by an instrument in writ-
ing, for the adjustment to a local board of
arbitration and conciliation, which may
either be mutually agreed upon or the em-
ployer may designate one of such arbitrators,
the employes of their duly authorized agent
another, and the two so designated may
choose a third, who shall be chairman
thereof; such board shall in respect to the
matters referred to it have and exercise all
the powers which the State board might
have and exercise, and its decision shaU have
such binding effect as may be agreed upon
by the parties to the controversy in the sub-
mission. The jurisdiction of such local board
shall be exclusive in respect to the matters
submitted to it, but it may ask and receiye
the advice and assistance of the State board.
Such local board shall render its decision in
writing within ten days after the close of
any hearing held by it and file a copy thereof
with the secretary of the State board. Each
member of the local board shall be entitled
to receive from the treasurer of the d^,
village or town in which the controversy or
difference that is the subject of arbitration
exists, if such payment is approved in writ-
ing by tlie mayor, the board of trustees or
the town board, three dollars for each day
of actual service, not exceeding ten days
for any one arbitration. (1895, ch. 364, f 7.)

Chap. 77, L. 1899.

AN ACT requiring employers of females in
any manufacturing, mechanical or mercan-
tile establishment to furnish seats for the
use of such females when not on active
duty. (Approved March 30, 1899.)

Section 1. Every person or corporation em-
ploying females in any manufacturing, me-
chanical or mercantile establishment in the
State of Wisconsin shall provide suitable
scats for the females so employed, and shall
permit the use of such seats by them when
they are not necessarily engaged in the ac-
tive duties for which they are employed.

§ 2. Any person or corporation who shall
violate the provisions of tide act shall, upon



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WISCONSIN.








47


Wages;


employment of minors — L. 1899,


chs.


221,


224,


274.



conviction thereof, be considered .gnUty of a
misdemeanor and shall be pnni^^ed by a
fine of not less than ten dollars, nor more
than thirty dollars for each and every of-
fense.

§ 3. This act shall take effect and be in
force from and after its passage and pub-
lication.

Chap. 221, L. 1899.

AN ACT regulating the payment of vrages
in time checks or other paper than legal
money. (Approved April 20, 1899.)

Section 1. All corporations or individuals
paying wages in time checks or other than
legal money, shall make such time checks
or paper payable in some designated place
of business in the county in vrhich the vrork
was performed or at the office of such cor-
poration or individual if within the State of
Wisconsin, or at any bank within said State.

f 2. Any corporation or individual failing
to comply with the terms of the above sec-
tion shall upon conviction thereof be fined
not to exceed one hundred dollars nor less
than ten dollars.

§ 8. This act shall take effect and be in
force from and after its passage and pub-
lication.

Chap. 224, L. 1899.

AN ACT defining the crime of forgery, and
prohibiting the false making, alteration,
forging or counterfeiting of any letter or
certificate purporting to have been issued
by a corporation or person to an employe,
or of a card or receipt purporting to have
been given by any association of railway
employes, and prohibiting the uttering
and publishing of any such letter, certifi-
cate, card or receipt, and prescribing the
punishment therefor. (Approved April 20,
1899.)

Section 1. Any person who shall falsely
make, alter, forge or counterfeit any card or
receipt of dues purporting to be given or is-
sued by any association of railway employes,
or by any of its officers to its members, with
intent to injure, deceive or defraud, shall be
punished as hereinafter provided.

I 2. Any person who shall falsely make,
alter, forge or counterfeit any letter or cer-
tificate purporting to be given by any cor-
poration or person, or officer or agent of such
corporation or person to an employe of such
corporation or person at the time of such
employe's leaving the service of such cor-
poration or person, showing the capacity or
capacities in which such employe was em-
ployed by such corporation or person, the
date of leaving the service or the reason or
cause of such leaving, with the intent to
injure, deceive or defraud, shall be punished
^ as hereinafter provided.



§ 8. Any person who shall utter, publish,
pass or tender as true, or who shall have in
his possession with intent to utter, publish,
pass or tender as true, any false, altered,
forg^ or counterfeited letter, certificate,
card or receipt, the forging, uttering or coun-
terfeiting whereof is prohibited by either of
the preceding sections of this act, with intent
to injure, deceive or defraud, shall be pun-
ished as hereinafter provided.

fi 4. Any person violating any of the pro-
visions of this act shall, upon conviction
thereof, be punished by imprisonment in the
State's prison or county Jail not more than
one year, or by fine not exceeding two hun-
dred dollars.

fi 5. This act shall take effect and be in
force from and after its passage and pub-
lication.

Chap. 274, L. 1899.

AN ACT to regulate the employment of
minors in the State of Wisconsin. (Ap-
proved April 27, 1899.)

Section 1. No child under fourteen years
of age shall be employed at any time in any
factory or workshop or in or about any mine.
No such child shall be employed in any mer-
cantile establishment, laundry or in the tele-
graph, telephone or public messenger ser-
vice, except during the vacation of the pub-
lic schools in the tovm, district or city where
such child is employed.

I 2. It shall be the duty of every person,
firm or corporation, agent or manager of any
firm or corporation employing minors in any
mercantile establishment, store, office, laun-
dry, manufacturing establishment, factory
or workshop, or in the telegraph, telephone
or public messenger service within this State
to keep a register in said mercantile estab-
lishment, store, office, laundry, manufactur-
ing establishment, factory or workshop, in
which said minors shall be employed or per-
mitted or suffered to work, in which regis-
ter shall be recorded the name, age, date of
birth, place of residence of every child
employed or permitted or suffered to work
therein under the age of sixteen years;
and it shall be unlawful for any person,
firm or corporation, agent or manager of any
firm or corporation to hire or employ
or to permit or suffer to work in any
mercantile establishment store, office, laun-
dry, manufacturing establishment, factory or
workshop, telegraph, telephone or public
messenger service, any child under the age
of sixteen years, unless there is first pro-
vided and placed on file in such mercantile
establishment, store, office, laundry, manu-
facturing establishment, factory or work-
shop, an affidavit made by the parent, stat-
ing the name, date and place of birth and
name and place of the school attended of
such child. If such child have no parent or
guardian, then such affidavit shall be made
by the child, and the register and affidavits



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48



WISCONSIN.



Employment of minors; coercion — L. 1899, chs. 274, 330.



herein provided for shall, on demand, be
produced and shown for Inspection to the
factory inspector, assistant factory inspec-
tors, or any officer of the bureau of labor
and industrial statistics.

I 3. No person under the age of sixteen
years shall be employed, required, permit-
ted or suffered to work for wages at any
gainful occupation longer than ten hours in
any one day, nor more than six days in any
one week, nor after the hour of nine at night
nor before the hour of six in the morning.

fi 4. It shall be the duty of the commis-
sioner of labor, the factory or assistant
factory inspectors, to enforce the provisions
of this act, and to prosecute violations of the
same before any court of competent jurisdic-
tion in this State. It shall be the duty of
the said commissioner of labor or the fac-
tory or assistant factory Inspectors, and they
are hereby authorized and empowered to
visit and inspect, at all reasonable times,
and as often as possible, aU places covered
by this act.

f 5. The commissioner of labor, the fac-
tory or assistant factory inspectors shall
have the power to demand a certificate of
physical fitness, from some regularly li-
censed physician, in the case of children who
may seem physically unable to perform the
labor at which they may be employed, and
no minor shall be employed who cannot ob-
tain such a certificate.

§ 6. Whenever it appears upon due exam-
ination that the labor of any minor over
twelve years of age, who would be debarred
from employment under the provisions of
section one of this act, is necessary for the
support of the family to which said child be-
longs or for its own support, the county
judge of the county where said child resides,
the commissioner of labor or any factory
or assistant factory inspector may in the ex-
ercise of their discretion issue, free of
charge, a permit or excuse authorizing the
employment of such minor within such time
or times as they may fix.

§ 7. No firm, person or corporation shall
employ or permit any child under sixteen
years of age to have the care, custody, man-
agement or operation of any elevator.

§ 8. The words " manufacturing establish-
ment," "factory," or "workshop," as used
in this act, shall be construed to mean any
place where goods or products are manufac-
tured or repaired, dyed, cleaned or sorted,
stored or packed, in whole or in part, for sale
or for wages, and not for the personal use
of the maker or his or her family or em-
ployer.

§ 9. Any person, firm or corporation, agent
or manager of any corporation who, whether
foF himself or for such firm or corporation
or by himself or through agents, servants or
foremen, shall violate or fail to comply with
any of the provisions of this act, or shall
hinder or delay the commissioner of labor,
the factory or assistant factory inspectors or
any or either of them in the performance of



their duty or refuse to admit or shut or lock
them out from any place required to be in-
spected by this act, shall be deemed guilty
of a misdemeanor, and upon conviction
thereof shall be fined not less than ten dol-
lars nor more than one hundred dollars for
each offense. Any corporation which, by its
agents, officers or servants, shall violate or
fail to comply with any of the provisions of
this act, shall be liable to the above penal-
ties, which may be recovered against such
corporations in an action for debt or assump-
sit brought before any court of competent
jurisdiction in this State.

fi 10. Any parent or guardian, who suf-
fers or permits a child to be employed or
suffered or permitted to work in violation
of this act, shall be guilty of a misdemeanor,
and upon conviction thereof, shall be fined
not less than five nor more than twenty-five
dollars.

§ 11. All acts or parts of acts inconsist-
ent with the provisions of this act are hereby
repealed.

fi 12. This act shall take effect and be in
force from and after its passage and pub-
lication.

Chap. 380, L. 1899.

AN AOT relating to the employment of labor
and providing penalties for a violation of
its provisions. (Approved May 3, 1899.)

Section 1. Any person or corporation en-
gaged in manufacturing, which requires
from persons in his or its employ, under pen-
alty of forfeiture of a part of the wages
earned by them, a notice of intention to
leave such employ, shall be liable to the
payment of a like forfeiture if he or it dis-
charges, without similar notice, a person in
such employ, except for incapacity or mis-
conduct, unless in case of a general suspen-
sion of labor in his or its shop or factory or
in the department thereof wherein such em-
ploye is engaged.

§ 2. No person shall, by threatening to dis-
charge a person from his employment or
threatening to reduce the wages of a person
or by promising to give employment at
higher wages to a person, attempt to influ-
ence a qualified voter to give or withhold his
vote at an election.

d 3. No license shall be granted for a the-
atrical exhibition or public show in wlilch
children under fifteen years of age are em-
ployed as acrobats, contortionists, or in any
feats of gymnastics or equestrianism, when
in the opinion of the board of officers au-
thorized to grant license, such children are
employed in such manner as to corrupt their
morals or impair their physical health.

{ 4. Any person who shall violate any of
the provisions of this act, shall, upon convic-
tion, be fined in a sum not exceeding one
hundred dollars.

f 5. This act shall take effect and be in
force from and after its passage and pub-
lication.



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WISCONSIN.



49



Discrimination against labor organisations — L. 1899, ch. 332.



Chap. 332, L. 1899.

AN AOT to prohibit discrimination against
members of labor organizations. (Ap-
proved May 3, 1899.)

Section 1. No person, corporation, agent
or officer on behalf of any person or corpora-
tion, shall coerce or compel any person or
persons Into an agreement, either written or
verbal, not to Join or become a member of
any labor organization, as a condition of such
person or persons securing employment or



continuing In the employment of any such
persons or corporation, and no person or cor-
poration shall discharge an employe because
he is a member of any labor organization.

§ 2. Any person or corporation violating
any of the provisions of this act shall be
fined not less than two hundred dollars and
not more than one thousand dollars, or be
punished by imprisonment in the county
Jail not to exceed nine months, or both.

I 3. This act shall take effect and be In
force from and after its passage and pub-
lication.



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INDEX TO WISCONSIN.



ABANDONMENT: Pace.

of charter, and reorganisation under general low 27

ACCOUNTING:

by officers, circuit coort may compel 37

ACKNOWLBDGMBNT:

of written instruments 29, 30

ACTIONS:

corporations may maintain and defend 9

of creditors against stockholders 15

corporation may maintain, against stockholders 18

where brought 30

against corporation, service of summons 31

how commenced 31, 33

verification of complaint 31

complaint must aver incorporation 33

mistake in name not to nullify 34

by and against foreign corporation 34

against foreign corporation, judgment 34

enforcement of judgment 34

lien of plaintiff from time of commencing 34

sequestration, when judgment returned unsatisfied 34

against banking companies 35

who may be made parties 36

against corporation, directors or stockholders may be made defendants 36

proceedings thereon, appointment of receivers 36

injunction to restrain, by other creditors 37

corporation compelled to discover property, etc 37

to annul act of incorporation or charter 38

leave of court, to maintain such 38, 39

summons, how served 39

judgment of dissolution 39

appointment of receivers 39, 40

powers and duties of receivers 39

distribution of assets .* 39

costs and disbursements, how paid 40

commencement in justices' court 40

charters, articles of organization as evidence. 40

corporate existence, when need not be proved 41

limitation of, against stockholders, officers, etc 41

AMSNDMBNT:

of articles of incorporation, meeting of stockholders for 23, 28

to be recorded 23, 28

ANNULMBNT:

of act of incorporation or charter, action for 38

leave of court required to bring 38, 39

summons, how served 39

ARBITBATION:

state board of 45

provisions relating to 45, 46

local boards of 46



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52 INDEX TO WISCONSIN.

ARTIOLBS OP IN(X)RPORATION: Pife.

of foreign corporation to be filed 19

what to Btate 7. 21

recorded in office of register of deeds 22

in office of secretary of state 22

subscribers to manage corporations until directors are elected 22

failure to verify not to inyalidate 22

fee to be paid on filing 22

subscribers, when may revoke organisation 22

amendment of, meeting of stockholders for 23, 28

adoption and recording 23, 28

of corporations abandoning former charters 28

A8SE88MBNT. (See Taxation.)

ATTAOHMBNT:

affidavit to secure 32

service of writ on foreign corporation 32

shares of stock subject to 32

ATTORNBY-OBNBRAL:

examination of corporations by 17

report to be made to governor 17

duties of, as to trusts, etc 28

to commence actions against corporate officers 37

against corporations to annul charter ^ 38

BANKING:

corporation not to engage in, without special authority 29

BANKING OOMPANT:

insolvent, injunction against 35

injunction, when to issue 35

action against, who are proper parties 36

BANKS:

charters not to be granted, unless voted by people 6

BLACKLISTING:

of employe, prohibited 43

BONDS:

to be issued for money, labor or property 13

BOOKS:

obtaining names of stockholders, etc., open to inspection 15

fraudulent entries in or mutilation of 41

BOOKS OP ACCOUNT:

to be kept at principal office 11

of railroads to be presented, etc 11

fraudulent entries in or mutilation of 41

BUSINESS:

injury to, prohibited 42

BY-LAWS:

to prescribe appointment of officers, etc 10

corporation may make, amend or repeal 10

what to prescribe 10

CAPITAL STOCK:

divided into shares 12

fictitious increase of, void 13

subscriptions to, payment 14

diminution, liability of stockholders for 14

articles to state amount 21

one-half to be subscribed before beginning business 22

increase or decrease, amendment of articles for 23

CBRTIFICATB6 OP INCORPORATION (See Articles of Incorporation):

register of deeds to record 7

fee upon issuance of 22



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INDEX TO WISCONSIN. 53

CERTIFICATES CP STOCK: Page,

fraudulent issue of, by officers 42

CHARTER:

copy to be filed in office of secretary of state 19

under special law, abandonmeut of 27

reorganization under general law 27

annulment, action for 38

CIRCUIT COURT:

Tisitorial power over corporations 38

jurisdiction over corporations, how exercised 38

COMBINATIONS:

to prevent competition or regulate price, prohibited S. 28

CONTINUANCE:

of existence after dissolution, etc 16

CONTRACTS:

obligations not to be impaired 5

corporations may make 9

CONVEYANCES:

of real property, how executed by corporation 30

CORPORATIONS:

created by general laws 6

purposes for which, may organize 10, 20

actions against 31-40

CREDIT:

of state, not to be loaned 6

CREDITORS: *

to be informed of capital subscribed, amount paid, etc 15

actions by, against stockholders for unpaid subscriptions 15

liability of directors to, for unlawful dividends 17

of foreign manufacturing company may request statement 18

actions against corporations 31-40

injunction to restrain actions by 37

CRIMINAL PROCEEDINGS:

service of summons against corporation 43

DEEDS:

alienation of real property by 21), 30

execution of, by corporation 30

DIRECTORS:

majority, a quorum 11

election, when held and how called 15

effect of failure to hold, at regular time 15

trustees after dissolution 16

powers of, to settle affairs 16

dividends to, paid out of profits 17

liability for declaring, unlawfully 17

affairs to be managed by 26

qualifications, term of office 26

officers to be chosen by 26

creditors* actions against 36

liabilities to be ascertained 36

accounting, circuit court may compel 38

jurisdiction of circuit court respecting 38

suspension or removal, circuit court may direct 38

election, circuit court may order new 38

DISCOVERY: «

of property by officers, in action against corporation 37



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54 INDEX TO WISCONSIN.

DISSOLUTION: P^e.

of corporation, existence after 16

directors to act as tmsteee after 16

resolution of stockholders for yolontary 27

to be certified and filed 27

receiver may be appointed 33

payment of wtigen of employes 33

DIVIDENDS:

to be declared from profits 17

liability of directors for unlawful 17

not declared when insolrent 17

not to exceed assets over liabilities 17

ELBCTION (See Officers; Directors):

of officers and directors, circuit court may order new 38

BLBOTRIO LIGHT COMPANIES:

power to acquire stock of other corporation 24

EMBEZZLEMENT:

by officers of corporations 41, 42

niPLOYES:

liability of stockholders for wages of 17

receiver to report amount due 33

to pay wages before other debts 33

combinations to prevent securing employment 42, 43

blacklisting, prohibited 43

not to be prevented from joining labor organisations 43

hours of labor of children and women 44

employment of children 44

wages, when payable 44

seats for females 46

wages, how paid 47

minors, how emu^oyed 47. 48

aVlDBNOB:

charters, articles of organisation, etc^ as 40

existence of corporation, when not proved 41

EXAMINATION:

of corporation by attorney-general 17

to be reported to governor 17

BXBOUTORS:

under will, may organise corporation 21

EXISTENCE, CORPORATE:

continuance after expiration of 16

annulment, action for 38, 89

FEB:

upon filing articles of incorporation 22

of foreign corporation 19

FOREIGN CORPORATION:

manufacturing companies, statement to be filed 18

charter to be filed 19

fee paid on filing 19

secretary of state designated for service of process ly

service of process on 19

effect of failure 19

right to hold real property limited 29

service of summons on 31

service of writ of attachment upon 32

actions by and against 34

when ceased to exist as corporation 34

enforcement of Judgment 34

lien in favor of plaintiff from time of commencing 34



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INDEX TO WISCONSIN. 55

FRAN0HI8E: Pafe.

purchase of, by other corporation 26

reorganisation upon purchase of 27

injunction to restrain unlawful use of 37

FRAUD:

by oflScers in entries in books, etc 41

INDICTMENT:

serrice of, on corporation 48

INJUNCTION:

against corporation, notice required 32

plaintiff must give undertaking 32

insolvent banking company 35

to restrain actions by creditors 37

unlawful exercise of franchise 37

INSOLVENCY:

for one year, ground of forfeiture 16

dividends not to be declared during 17

INSURANCE COMPANIES:

service of summons on 81

JUDGMENT:

against foreign corporation, enforcement 34

against corporation, sequestration if returned unsatisfied 34

JUSTICE'S COURT:

service of summons on corporation 40

LABOR:

provisions relating to 44

hours of, for women and children 44

LABORER& (See Employes; Wages.)

LABOR ORGANIZATION:

employes not to be prevented from joining 43, 49

LIABILITY:

of stockholders for diminution of capital 14

of directors for unlawful dividends 17

of stockholders to employes 17

ascertained in creditors' actions against corporation 87

LIEN:

against property of foreign corporation in favor of plaintiff 34

LOCATION:

of place of business, articles to state 21

change of, amendment of articles 23, 28

LUMBER CORPORATIONS:

may acquire stock of similar corporation 24

MANUFACTURING COMPANY:

foreign, to file statement 18

power to acquire stock in other corporation 24

MEETINGS:

of stockholders, majority of, a quorum 11

stockholders entitled to vote in person or by proxy 15

transaction of business by consent 15, 16

election of officers, how called 16



Online LibraryRobert C. (Robert Cushing) CummingThe annotated corporation laws of all the states, generally applicable to stock corporations ... in three volumes → online text (page 91 of 92)