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ART. LXXXI] GROSS RECEIPTS TAX. 643
transaction of any business in this State, shall first file in the office of
the State Tax Commission a certified copy of the charter, certificate or
act of incorporation, under which it claims the power to transact busi-
ness as a corporation, and shall also file in the office of the Secretary
of State a certificate of the appointment by such company or corpora-
tion, of at least two agents to reside in this State, upon whom legal
process issued out of any Court of this State may at any time be served
in any action, at the suit of the State, of any country, or incorporated
city or town of this State, or of any citizen or citizens of this State,
or of any corporation organized under the laws of this State, which
certificate shall state fully the names of the agents to reside in this
State and shall be certified by such foreign corporation, under the seal
of such foreign corporation, and the signature of its president or other
proper officer, and shall, when received by the Secretary of State, be
recorded by him in a book to be kept for that purpose, from which
record the said Secretary of State shall be able to certify the appoint-
ment of such agents at any time; at the time of receiving such certifi-
cate the Secretary of State shall give to such company a receipt for
such certificate, which receipt shall enable such foreign corporation to
commence business in this State.*
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1904, art. 81, sec. 174. 1890, ch. 608, sec. 2.
178. Any person or any officer of any such corporation who shall
presume to act as agent or employe of any such foreign corporation, or
to open an office for the transaction of the business of any such foreign
corporation by employing or using the patent rights, plant or property
of such foreign corporation in this State in any manner as renter or
bailee, or in any other manner as renter or bailee, or in any other man-
ner under any contract with such foreign corporation before the pro-
visions contained in section 177 have been complied with, shall forfeit
and pay to the State the sum of one hundred dollars for each and
every day he may act as such agent or employe, or may occupy such
office for the transaction of such business, before such provisions of
section 177 shall have been complied with by such foreign corporation,
and it shall be the duty of the state's attorney of the city or county in
which such business is transacted, or is proposed to be transacted, to
prosecute and recover such penalty, and it shall be the duty of the
state tax commissioner to inform the state's attorney of any violation
of sections 177 to 186 of which he may be advised, and to require him
to proceed to recover the penalty for such violation as prescribed in
this article.+
* Section 2 of the act of 1918, chapter 469, is not codified separately, but article
23, section 95, is amended in accordance with said section 2.
+This section is reproduced in order to correct the error therein pointed out in
the table of Errata on page 2857 of volume 2 of the code.
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