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six entire days before the commencement of the said term to § 198-9

which the said summons or notice shall be returnable.

($ 61.)

198. Proceedings after return "served," &c.-when the sheriff or other officer shall return such summons or notice "summoned" or "served," the said corporation, city, borough or township shall be considered as in court, and as appearing to said indictment or information; and the court shall order the clerk to enter an appearance for said corporation, city, borough or township, and indorse the plea of not guilty on said indictment or information, and further proceedings may then be had thereon, in the same manner as if the said corporation, city, borough or township had appeared and pleaded not guilty thereto; and if the said corporation, city, borough or township shall be convicted on said indictment or information, the said court may proceed to pass judgment thereon, and cause process of execution to be issued to the sheriff of the county against the goods and chattels or lands and tenements of the said corporation, city, borough or township, for the amount of the fine and costs which may be awarded against them, in the same manner as on a judgment in a civil action; and the said sheriff shall proceed to sell the goods and chattels or lands and tenements of the said corporation, city, borough or township on the said execution, in the same manner as on executions issued in a civil suit.

($62.)

199. Process "not served."-In case the sheriff or other officer shall return such summons or notice "not summoned" or "not served," and an affidavit shall be made to the satisfaction of the court, that the same could not be served as heretofore mentioned in this act, or in case the sheriff or other officer shall make affidavit that he hath made diligent inquiry, and cannot ascertain the name of any president, secretary or director of said corporation, resident in the county in which the said indictment shall have been found or information filed, then the court shall make an order directing the said corporation to cause their appearance to be entered, and to plead to said. indictment or information on or before the first day of the next term of the said court, a copy of which order shall, within

§ 199 twenty days, be inserted in such one of the public newspapers printed in this state, as the court may direct, for at least six weeks; and if the said corporation shall not appear within the time limited by such order, or within such further time as the court shall appoint, then on proof made of the publication of such order, in manner aforesaid, the court being satisfied of the truth thereof, shall order the clerk to enter an appearance for said corporation, and indorse a plea of not guilty on said indictment or information, and thereupon further proceedings may be had on the said indictment or information, in the same manner as if the said corporation had appeared and pleaded not guilty thereto; and in case of conviction execution may be issued against said corporation, and proceedings had thereon, as in the preceding section mentioned.

(8 63.)

To face p. 138 of 4th paper, and p. 153 of third cloth edition of Dill on New Jersey Corporations.

Amendment of 1902.

Section one of the act entitled "An act to incorporate associations not for pecuniary profit," approved April 21, 1898, was amended to read as follows:

200.* Formation; certificate of incorporation.-Any five or more persons, societies, associations or clubs who shall desire to associate themselves for any lawful purpose other than for pecuniary profit, may make, sign and acknowledge before any person authorized to take the acknowledgment and proof of deeds in this state and file in the office of the secretary of state and record in the office of the clerk of the county in which the principal business of the corporation is to be conducted, a certificate in writing in which shall be stated the name or title by which such corporation is to be known in law, the purpose for which it is formed, the place where it is to be located, or its business conducted, the number of the trustees, which shall not be less than three, and the names of the trustees selected for the first year of its existence; provided, that in case the purposes, objects or business of said corporation are to be carried on in whole or in part outside of this state, said corporation shall maintain an office in this state, with a residence agent in charge thereof during the business hours, upon whom process against said corporation may be served; and provided further, that in that case the said certificate shall set forth the location of said office and the name of said agent. (§ 1 as amended by Chap. 203, Laws of 1902, approved April 9, 1902, taking effect July 4, 1902.)

* Arbitrary section number; see foot note, p. 118.

ASSOCIATIONS NOT FOR PECUNIARY

PROFIT.

LAWS OF 1898, CHAPTER 181.

Being "An act to incorporate associations not for pecuniary profit," as amended to the end of the legislative session of 1901.

200.* Formation; certificate of incorporation.-Any five or more persons, societies, associations or clubs who shall desire to associate themselves for any lawful purpose other than for pecuniary profit, may make, sign and acknowledge before any person authorized to take the acknowledgment and proof of deeds in this state and file in the office of the secretary of state and record in the office of the clerk of the county in which the principal business of the corporation is to be conducted, a certificate in writing in which shall be stated the name or title by which such corporation is to be known in law, the purpose for which it is formed, the place where it is to be located, or its business conducted, the number of the trustees, which shall be not less than five, and the names of the trustees selected for the first year of its existence; provided, that in case the purposes, objects or business of said corporation are to be carried on in whole or in part outside of this state, said corporation shall maintain an office in this state, with a resident agent in charge thereof during business hours, upon whom process against said corporation may be served; and provided further, that in that case the said certificate shall set forth the location of said office and the name of said agent.

(§ I as amended by Chap. 121, Laws of 1901; P. L., 1901, p. 270.) 201. Certificate may contain certain other matters.-The certificate may at the option of the incorporators contain pro

* Arbitrary section number; see footnote, p. 118.

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