1862 REVENUE AND TAXES. [ART. 81

State tax commissioner a certified copy of the charter, certifi-
cate or act or incorporation, under which it claims the power
to transact business as a corporation, and shall also file in the
office of the secretary of State a certificate of the appointment
by such company or corporation, or 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, or of any county 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 cer-
tificate 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 appointment of such agents at
any time; at the time of receiving such certificate the secretary
of State shall give to such company a receipt for such certifi-
cate, which receipt shall enable such foreign corporation to
commence business in this State.

1890, ch. 608, sec. 2.

174. 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 cor-
poration in this State in any manner as renter or bailee, or in
any other manner as renter or bailee, or in any other manner
under any contract with such foreign corporation before the
provisions contained in the first section of this article 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 the
first section of this article 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 this article of which he may be advised, and to require him