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ment, or upon any assessment, or for proceedings in relation thereto, can be made a charge upon the property.

CHAPTER II.

OPENING OF PRIVATE ROADS.

SECTION 1494.

Application to county court for private road.

1495. How made.

1496. Order to show cause.

1497. Jury to be ordered.

1498. How summoned and drawn.

1499. Jury, how to proceed.

1500. Upon finding of jury, court may make order.

1501. Damages and expenses to be paid.

1502. Special statutes continued in force.

§ 1494. Any person desiring a private road to be opened over the land of another, may make application therefor to the county court of the county.

§ 1495. Such application must state briefly the circumstances which make the road desirable to the applicant, and must be verified by him. It must state the names and places of residence of the owners and occupants of the land upon which the road is proposed, and must be accompanied by a map or plan of the road proposed, and of the adjacent lands.

§ 1196. Upon receiving the application, the court must make an order that the persons interested show cause, if they have any, at a specified time and place, why the road should not be opened, and in such order must direct the manner of serving the notice, as may appear most likely to reach the persons interested, such service to be not less than ten days before the time specified.

$1497. Upon proof of service of the order, if no sufficient cause to the contrary be shown, the court may make an order, directing the sheriff to summon a jury of freeholder, to appear at a specified time and place, to determine the necessity of the road, and the amount of all damages to be sustained by the opening thereof.

§ 1498. The sheriff must execute the order by drawing from the undrawn jury box of a justice in the town, where the property lies, and summoning eighteen jurors, not interested in the question, and indifferent between the parties to appear at the time and place specified in the order; and upon the appearance of the jurors, twelve of them must be drawn, and sworn to make a true inquisition in the premises.

§ 1499. The jury must thereupon go upon the land proposed to be laid out for a road, and the adjacent land, and after examining the application, maps, and plans, and hearing such evidence as may be offered, must make their inquisition and return the same to the

court.

§ 1500. If the jury determine, that the road is necessary, it must determine the proper width and location thereof, and the amount of all damage to be sustained by the opening and continued use thereof. The court may thereupon make an order, describing the road, and declaring it a private road for the applicant, and his as

signs, and for travel to and from the property, in respect to which it was applied for. A copy of the order must be filed with the records of roads, in the city or town, where the property is situated.

§ 1501. The court must fix the expense of the proceeding, at such sum as may seem to it reasonable, not exceeding in the whole one hundred dollars, and must direct the payment by the applicant of the same, together with the damages found by the jury, before proceeding to open the road.

§ 1502. The provisions of the statutes, regulating the proceedings of commissioners, or other persons, appointed to estimate or assess the expense of local improvements, in the several cities and villages of this state, or relating to such assessments, or to the sale or lease of real property, for the failure to pay assessments, so far as the same are consistent with the provisions of this chapter, remain in force; the term "commissioners," being taken to include all persons appointed to estimate or assess such damages.

TITLE VI.

OF THE VOLUNTARY DISSOLUTION OF CORPORATIONS.

SECTION 1503. What corporations embraced in title.

1504. How dissolved.

1505. Application, what to contain.

1506. Notice to show cause ordered, and injunction.

1507. Copy order how served.

1508. Application how served.

1509. Order of dissolution, when made.

1510. Transfers in violation of injunction, void.

1511. Receivers, how to proceed.

1512. Payment of debts.

1513.

Distribution afterwards.

1514. Notice of distribution.

1515. Creditors coming in afterwards, to receive dividend.
1516.

Receiver's report.

1517. Notice thereof to be published.

1518. Confirmation of account, and discharge of receiver.

1519. Objection what to contain.

1520. Account examined.

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§ 1503. This title embraces the corporations intended by section. 974, and embraced in the chapter on actions respecting corporations.

This title is proposed as a substitute for 2 R. S. 467-473, and Laws of 1832, chap. 295.

§ 1504. A corporation may be dissolved by the supreme court, or the county court, of the county where its office, or principal place of business, is situated, upon the voluntary application for that purpose of a majority of its trustees, directors, or other officers having the management of its affairs.

§ 1505. The application must be in writing, and must set forth, either the insolvency of the corporation, or other sufficient reason for terminating its corporate existence, and must contain the following particulars:

1. An inventory of all the property, and of the books, vouchers and securities of such corporation, as far as the same are known to the applicant, or can be ascertained by him;

2. A statement of the capital stock, the number of shares, and their nominal value, the names of the stockholders, the number of shares belonging to each, the amount paid in, and the amount remaining unpaid;

3. An inventory of the debts and liabilities of the corporation, including contracts not completed or satisfied, specifying the names and residence of the creditors respectively, as far as known, the nature of each debt, and the cause and consideration of each: and,

4. A statement of all the liens, or incumbrances outstanding, unsatisfied, on property of the corporation, and the amount actually due, or to become due thereon.

§ 1506. The application must be verified by affidavit, in the same manner as a complaint in an action, and may be presented to a judge of the court either in or out of court.

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