Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-02-26

holders OF every corporation shall be
held at such time as may be prescribed
by the bylaws, or, IL there be no such
bylaws then on the fourth Tuesday
of january at II o'clock In the fore
noon. A general meeting of the stock
holders may be called at any time by
the Board of Directors, or by any
number of stockholders, holding to-
gether at least one-tenth of the capital.
Notice of the annual or any other gen.
eral meeting shall be given In such
manner as Tie bylaws may direct;
or, if there be no such bylaw, By
advertising the same once a week for
two weeks at least. in some newspaper
of general circulation published near
the principal Office or place of business
of the company, if the same be in this
State; if such principal Office be not in
this State, then in some newspaper
published at the capital of this State.
Such notice shall be signed by the
stockholders making the call for the
meeting; or, If called by the Board of
Directors, or in pursuance to the by
laws, it shall be signed by the presl-
dent, vice president, or secretary OF the
corporation. Such meeting shall be
held at the place fixed by the bylaws
for such meeting; or, il no place
be fixed by the bylaws, then at the
principal Office of the corporation.
Provided, that any meeting OF the
! stockholders may be held without the
publication of any notice, by agree
ment in writing of all the stockholders
OF the corporation. And in any case
where notice is required before a meet
ing of the stockholders can be held for
the purpose of organizing or for other
purpose, such notice and publication
thereof may be waived in writing by
all the stockholders of the corporation.
That section forty-five of chapter
fifty-three of the Code be and the same
is hereby repealed.
That section forty-six of chapter
fifty-three of the Code be and the same
is hereby amended and re-enacted SO
as to read as follows:
Reports to Stockholders.
46. The Board of Directors shall
make a report to the stockholders at
the annual meeting, of the condition
of the corporation. The report shall
show the property and funds belong
ing to the corporation and the esLl-
mated value thereof; the debts due to
it, distinguishing such as are deemed
to be good from those considered
doubtful or hopeless; the debts and
liabilities Of the corporation, the
amount Of the capital paid in and the
estimated surplus or deficiency, as the
case may be. 1t shall also state the
- J.-.S.-- lAo1aul o-l
losses incurred, or the profits accru-
ing, during the preceding year. And
it shall be the duty of the Board of
Directors to make or cause to have
made a report to. the Secretary Of
State within ninety days after the first
election and after any other election
or action whereby the officers herein
after mentioned or the principal office
are changed the names and the post
Office address of the president and the
secretary, and the p0Stoffice address
giving the street number, if number
there be) of the principal Office of the
corporation; and the Secretary of State
shall keep a record in his office, prop
erly indexed, CT such officers so report
ed; any corporation failing to make
sui ItEOI W Llt GttIcIuIy vi DlltC
within the time mentioned, shall be
liable to a fine of not less than twenty
five nor more than n hundred dol
lars; and it shall be the duty of the
Attorney General, on the report of the
Secretary OF State, of such failure on
the part Of any corporation, to pro-
coed against such delinquent corpora
ton in the circuit court of the county
where the seat of government of the
State is established, to fix and collect
the same; the amount of said fine to
be determined by the court before
whom said proceedings are brought.
That section forty-seven of chapter
fifty-three of the Code be and the same
is hereby amended and ~re-enacted so
as to read as follows:
At. The property and funds, books,
correspondence and papers of the cor
poratiOn, in the possession or control
of any officer or agent thereof, shall
at all times be subject to the investiga-
ton of the Board of Directors, or a
committee appointed for the purpose
by a general meeting of the stockhold-
ers. The minutes of the resolutions
and proceedings of the board snail for
thirty days before the annual meeting
Of the stockholders, be open to the in
spection of any committee appointed,
in writing, by the holder or holders
of at least one-twentieth part of the
total value of outstanding shares, or
by the holder or holders of such num-
Der of shares. They shall be produced
when required by the stockholders at
any general meeting.
That section forty-eight of chapter
fi~fty-three of the Code be and the
same is hereby repealed.
That section fifty of chapter fifty
three of the Code be and the same is
hereby amended and re-enacted so as
to read as follows:
Election of Officers.
so. AS soon as may be after the
alpofiOn Tho pnorJ Af niraafo~. 1hoJl