1840 REVENUE AND TAXES. [ART. 81

amount so due the State, such attorney or other person shall be guilty
of a misdemeanor, and shall upon conviction be fined double the amount
so received and receipted for, and shall stand committed until such fine
and the costs thereon are fully paid.
See notes to sec. 95.

1904, art. 81, sec. 97. 1890, ch. 244, sec. 88 E.

99. If after suit brought and judgment rendered as aforesaid, any
such corporation shall still continue in arrear and shall fail or neglect
to pay its state taxes so due as aforesaid, for the space of two years
after the same shall be in arrears, such failure and neglect shall be
deemed to amount to and shall constitute a forfeiture of the charter of
such corporation and such charter shall be decreed to be so forfeited and
annulled ipso facto.

See notes to sec. 95.

As to the forfeiture of corporate charters, see art. 23. sec. 82. ct seq.

Bonus Tax on Capital Stock.

Ibid. sec. 98. 1890. ch. 530, sec. 88 A. 1894, ch. 114, sec. 88 F.
100. Every corporation incorporated after the twenty-first day of
March, 1894, under any general or special law of this State, except
cemetery companies, companies created for purely benevolent and
charitable purposes, railroad companies and building or homestead
associations incorporated under article twenty-three of the code of
public general laws of 1904, title "Corporations," sub-title "Provisions
for the Formation of Corporations," section 20 (class 5), shall pay
to the state treasurer for the use of the State a bonus of one-
eighth of one per centum upon the amount of capital stock which said
company is authorized to have, and a like bonus upon the amount of
any subsequent increase of capital stock the company is authorized to
have; said bonus upon the original capital stock shall be due and pay-
able upon the incorporation of said company, and upon the increase-
upon the recording of the certificate of such increase or the passage of
any special act authorizing such increase; and no company as afore-
said which shall be incorporated after the 21st day of March, 1894,
shall have or exercise any corporate powers until said bonus has been
paid to the state treasurer. Whenever any company of the character
aforesaid, incorporated prior to said date, shall be authorized to
increase its capital stock, it shall pay a tax of one-eighth of one per
centum to the state treasurer for the use of the State upon the amount
of increase said company is authorized to have; said bonus shall be due
and payable upon the recording of the certificate of increase author-
ized, or upon the passage of any special act authorizing such increase.
The payment of the bonus tax is a condition precedent to the legal exist-
ence of a corporation and to the possession of corporate powers. This rule
is not altered by article 23. section 6. Hence, a corporation can not maintain
an action for a libel published before its bonus tax was paid. Application of
the estoppel doctrine denied. This section construed in connection with