Page:1864-65 Territory of Dakota Session Laws.pdf/188

176 spect or take a copy of the same, or any part thereof, a reasonable opportunity so to do, is guilty of a misdemeanor.

Sec. 659. Every insolvency of a moneyed corporation is deemed fraudulent unless its affairs appear, upon investigation, to have been administered fairly and legally, and generally with the same care and diligence that agents receiving a compensation for their services are bound by law to observe.

Sec. 660. In every case of a fraudulent insolvency of a moneyed corporation, every director thereof who participated in such fraud, if no other punishment is prescribed therefor by this Code, or any of the acts which are specified as continuing in force, is guilty of a misdemeanor.

Sec. 661. Every director of any moneyed corporation, who willfully does any act, as such director, which is expressly forbidden by law, or willfully omits to perform any duty expressly imposed upon him as such director, by law, the punishment for which act or omission is not otherwise prescribed by this Code, or by some of the acts which it specifies as continuing in force, is guilty of a misdemeanor.

Sec. 662. Every officer, agent or stockholder of any railroad company who knowingly assents to or bas any agency in contracting any debt, by or on behalf of such company, unauthorized by a special law for the purpose, the amount of which debt with other debts of the company, exceeds its available means for the payment of its debts, in its possession, under its control, and belonging to it, at the time such debt is contracted, including its bona fide and available stock subscriptions, and exclusive of its real estate, is guilty of a misdemeanor.

Sec. 603. The last section does not affect the validity of a debt created in violation of its provisions, as against the company.

Sec. 664. Every director of a corporation, or joint stock association, is deemed to possess such a knowledge of the affairs of his corporation, as to enable him to determine whether any act, proceeding or omission of its directors, is a violation of this chapter.