Imágenes de páginas

nonnegotiable bill without the words "not negotiable" placed plainly upon the face thereof, shall be guilty of a felony, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. (Laws 1917, p. 575.)

Sec. 13573. Rule for cases not provided for in this act.-In any case not provided for in this act, the rules of law and equity including the law merchant, and in particular the rules relating to the law of principal and agent, executors, administrators and trustees, and to the effect of fraud, misrepresentation, duress or coercion, accident, mistake, bankruptcy, or other invalidating cause, shall govern. (Laws 1917, p. 576.)

[ocr errors]

Sec. 13574. Interpretation shall give effect to purpose of uniformity. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. (Laws 1917, p. 576.)

Sec. 13575. Definitions.-(1) In this act, unless the context or subject matter otherwise requires "Action" includes counter claim, set-off and suit in equity. "Bill" means bill of lading. "Consignees" means the person named in the bill as the person to whom delivery of the goods is to be made. "Consignor" means the person named as the person from whom the goods have been received for shipment. "Goods" means merchandise or chattels in course of transportation, or which have been or are about to be transported. "Holder" of a bill means a person who has both actual possession of such bill and right or property therein. "Order" means on order by indorsement on the bill. "Owner"does not include mortgagee or pledgee. "Person" includes a corporation or partnership or two or more persons having a joint or common interest. "To purchase" includes to take as mortgagee and to take as pledgee. "Purchaser" includes mortgagee and pledgee. "Value" is any consideration sufficient to support a simple contract. An antecedent or pre-existing obligation, whether for money or not, constitutes value where a bill is taken either in satisfaction thereof or as security therefor.

(2) A thing is done "in good faith," within the meaning of this act, when it is in fact done honestly, whether it be done negligently or not. (Laws 1917, p. 576.)

Sec. 13576. Act does not apply to existing bills. The provisions of this act do not apply to bills made and delivered prior to the taking effect thereof. (Laws 1917, p. 576.)




Sec. 5848. Public holidays-Sunday provision. The following days, namely, the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the first Monday in September, any general primary election day, any general state election day, any thanksgiving day appointed by the president of the United States or by the governor of this state, and the twenty-fifth day of December, are hereby declared and established public holidays; and when any of such holidays fall upon Sundays, the Monday next following shall be considered such holidays. (Laws 1909, p. 127.)

General application.-Holidays and Sundays are counted in computing statute time unless expressly excluded. 66 Mo. 631; 177 Mo. 69, 83; 202 Mo. 703. But Sundays are not included in four days allowed for filing motions for new trial, nor when Sunday labor law would be violated, as in publication of notices. 214 Mo. 1. As to sales continued "from day to day," see 104 Mo. 519. That the last day for filing bill of exceptions is a holiday is no excuse for failure to so file same. 205 Mo. 126. Judgment in justice's court on thanksgiving day is valid. Business not prohibited on holidays is valid, as a sale under deed of trust. 171.

Depositions may be taken on a holiday. 86 A. 216.

19 A. 41. 112 Mo.

As to presentation, payment and protest of negotiable instruments, see Secs. 975 and 983. See, also, Sec. 1729, as to issuing and serving writs of attachment.

Sec. 5849. "Columbus day," a public holiday. The 12th day of October of the present year of our Lord 1909, and the 12th day of October of each year thereafter, is hereby declared a public holiday, to be known as "Columbus day," and the same shall be recognized, classed and treated as other legal holidays under the laws of this state: Provided, that this section shall not be construed to affect commercial paper, the making or execution of agreements in writing, or interfere with judicial proceedings. (Laws 1909, p. 549.)

Sec. 5851. "Lincoln day," a public holiday.-The twelfth day of February of the year 1916, and the twelfth of February of each year thereafter, is hereby declared a public holiday, to be known as "Lincoln day," and the same shall be recognized, classed and treated as other legal holidays under the laws of this state: Provided, that this act shall not be construed to affect commercial paper, the making or execution of agreements or instruments in

writing, or to interfere with judicial proceedings. (Laws of 1915, p. 301.)

Sec. 5852.

"Missouri day."-The first Monday of October of each and every year shall be known and designated as Missouri day and shall be and is hereby set apart as a day commemorative of Missouri history to be observed by the teachers and pupils of schools with the appropriate exercises. That the people of the state of Missouri, and the educational, commercial, politic,. civic, religious and fraternal organizations of the state of Missouri be requested to devote some part of the day to the methodical considerationt of the products of the mine, field and forest of the state and to the consideration of the achievements of the sons and daughters of Missouri in commerce, literature, statesmanship science and art, and in other departments of activity in which the state has rendered service to mankind. (Laws 1915, p. 301.)


Sec. 5264. The days upon which the general state or county or city elections shall hereafter be held in such cities shall be holidays for all purposes whatever as regards presenting for payment or acceptance and of the protesting and giving notice of the dishonor of bills of exchange, bank checks and promissory notes, and be treated and considered as is the first day of the week, commonly called Sunday. (Laws 1911, p. 249.)

NOTE-The above section refers to cities having 300,000 inhabitants or over. See Sec. 19067, R. S. 1909.


Sec. 1744. Shares of stock subject to attachment.-Shares of stock in any bank, association, joint stock company or corporation, belonging to any defendant in any writ of attachment, may be attached in the same manner as the same may be levied upon under execution. (R. S. 1909, § 2313.)

The statute applies only to shares of stock of domestic corporations.

113 Mo 12; 198 Mo. 174, 181. But if the principal office and books are in this state, the shares of a foreign corporation may become subject to process. 47 A. 409. The fact that the shares attached were carried on the stock books in the name of another than the attachment defendant did not render the attachment unlawful. 122 Mo. 631.


Sec. 1661. Bill of sale on bank stock, etc., to be madeeffect thereof. When any rights or shares of stock in any bank, association, joint-stock company or corporation shall be sold, the officer making such sale shall execute an instrument in writing, reciting the sale and payment of the consideration, and conveying to the purchaser such rights and shares, and shall also leave with the cashier, secretary or chief clerk, or, if there be none, with any other officer of such bank, association, joint-stock company or

corporation, a copy of the execution and his return thereon; and the purchaser shall thereupon be entitled to all dividends and stock, and to the same privileges as a member of such company or corporation as such debtor was entitled to. (R. S. 1899, § 2230.)

This section and others relating to the sale of corporate stock under execution apply only to domestic corporations. 113 Mo. 12. This section substitutes for a transfer on the books of the company a reception by its officer of a copy of the execution. 70 Mo. 262.


Sec. 12775. Assessment of manufacturing and business companies and stock in other corporations. The property of manufacturing companies and other corporations named in article VII, chapter 90, and all other corporations, the taxation of which is not otherwise provided for by law, shall be assessed and taxed as such companies or corporations in their corporate names. Persons owning shares of stock in banks, or any joint-stock institution, or association doing a banking business, or any insurance company, whether of fire, marine, life, health, accident or other insurance, incorporated under or by any law of the United States or of this state, shall not be required to deliver to the assessor a list thereof, but the president or other chief officer of such corporation, institution or association shall, under oath, deliver to the assessor a list of all shares of stock held therein, and the face value thereof, the value of all real estate, if any, represented by such shares of stock, together with all reserved funds, undivided profits, premiums or earnings, and all other values belonging to such corporation, company, institution or association; and such shares, reserved funds, undivided profits, premiums or earnings, and all other values so listed to the assessor, shall be valued and assessed as other property at their true value in money, less the value of real estate, if any, represented by such shares of stock. Private bankers, brokers, money brokers and exchange dealers shall make like returns, and be assessed and taxed thereon in like manner, as herein before provided. Insurance companies, or any corporations or associations doing business on the mutual plan, without capital stock, shall make like returns of the net value of all assets or value belonging thereto, which net value shall be assessed and taxed in the manner herein before provided: Provided, however, that the license hereafter required to be paid by any such bankers, brokers and dealers, in addition to such taxes, shall not exceed one hundred dollars per annum. It is hereby made the duty of the county clerk to include in his abstract of the assessor's books required to be sent to the state auditor, valuation of all property assessed under this section, under the head of "corporate companies," and in addition thereto he shall make out from the lists delivered to the assessor as above provided, and send

the same to the state auditor to be laid before the state board of equalization, on or before the 20th day of February in each year, an abstract of the assessment of all corporations or persons doing a banking or insurance business in his county, showing the name of each bank and insurance company, the number of shares of stock and their face value, amount of reserve funds, undivided profits, premiums or earnings, and all other value, together with the assessed value thereof, also the value of real estate deducted as above provided, and the assessed value of such real estate as shown by the real estate book. (R. S. 1909, § 11357.)

Construction.-The provisions of this section providing for the assessment of banking property is constitutional. The county board of equalization has authority to increase the value of the bank's corporate stock above that returned by its cashier. 135 Mo. 309.

The provision that the president shall deliver the list of shares to the assessor was intended to provide him with authentic information as to the persons owning shares in such corporations. 42 Mo. 421. A private bank is one not incorporated and whose stock is not divided into shares. 120 Mo. 161. See, also, Sec. 11788.

Assessment of banks. The assessment of personal taxes to be paid by a national bank must be against the stockholders in proportion to the value of their stock, and not against the bank as a corporation. 180 Mo. 717. The real estate of a bank should be assessed against the corporation, the personal property should not be assessed at all and the shares of stock should be assessed against the stockholders in their individual names, but the corporation should pay the tax assessed against the stockholders and recover it from them. 179 Mo. 424. See, also, 160 Mo. 640. Taxes should be assessed in the names of the owners of the stock, and not against the corporation or the property which the shares represent. 118 Mo. 280; 180 Mo. 717; 145 Mo. 371; 58 Mo. 295; 43 Mo. 67.

The county board of equalization has the power to increase the value of bank stock as fixed by the county assessor. 135 Mo. 309.

Assessment of corporations.-Shares of stock in manufacturing companies are not subject to taxation against the owners. 84 Mo. 214. But the tax on shares of stock in an insurance company is payable by the owners thereof, and not by the corporation. 11 A. 374.

Sec. 12777. Such taxes, how paid and recovered.-The taxes assessed on shares of stock embraced in such list shall be paid by the corporations, respectively, and they may recover from the owners of such shares the amount so paid by them, or deduct the same from the dividends accruing on such shares; and the amount so paid shall be a lien on such shares, respectively, and shall be paid before a transfer thereof can be made. 1909, § 11359.)

See notes to Section 12775.

(R. S.

Sec. 12778. Penalty on chief officer of corporation. If the president or other chief officer of any such corporation fail to comply with the provisions of this article, he shall forfeit to the state the sum of one thousand dollars, to be recovered by indictment in any court of competent jurisdiction. (R. S. 1909, § 11360.)

The fact that the officers of the bank refused to furnish the assessor with list of shareholders affords no reason for making the assessment and enforcing the tax against the property of the bank. 87 Mo. 441.

See notes to Section 12775.

« AnteriorContinuar »