of another state whose road may extend across any one or part of any one of these states or said territory, is hereby authorized to extend and build its road into the state of Nebraska. And such railroad company shall have and possess all the powers, franchises, and privileges, and be subject to the same liabilities of railroad companies organized and incorporated under the laws of this state; Provided, Such nonresident company shall first file a true copy of its articles of incorporation with the secretary of this state, and shall comply with the laws of the state of Nebraska, as to filing and recording articles of incorporation, and in all things required by law relating to railroads, and otherwise in this state, and such non-resident railroad company shall keep an office in this state in some county in which its road is, or is proposed to be and shall be liable to civil process, to be sued and to sue, as provided by law." 249 The mortgage, lease, or sale of such road to a Nebraska corporation, or to persons who shall form such a corporation, is authorized. 250

Every foreign corporation violating any of the provisions of the anti-trust act is prohibited from doing any business within the State, and may be enjoined. For the purpose of obtaining service upon any foreign corporation or non-resident person in any suit or proceedings brought as provided in this act, it shall be sufficient to serve a summons upon any person in any county within the state who may be the agent of said foreign corporation or non-resident person, for the purpose of soliciting business or transacting or doing business for said corporation or non-resident person, at the time when summons is issued upon petition filed against said corporation, or nonresident person, or when summons is served on such agent.251 A foreign corporation shall not take or hold real estate;' but if it has acquired a lien on such land it may perfect the

. 252

title, and it may enforce a lien or judgment by taking the land or buying it on judicial sale; in that case however the land shall be sold within ten years, otherwise it shall escheat to the State. The provisions of the act do not prevent a railroad or manufacturing company from acquiring real estate necessary for its business, nor do they apply to real estate lying within the corporate limits of cities and towns.253

A personal action against a foreign corporation may be brought in any State in which there may be property of, or debts owing to the defendant, or where said defendant may be found; but if said defendant be a foreign insurance company the action may be brought in any county where the cause or some part thereof arose. When a foreign corporation has a managing agent in this State, the service of process may be upon such agent.255 An attachment may be issued against a foreign corporation on a debt or demand arising upon contract or decree, 256

$170. Nevada.

254

Every foreign corporation shall file in the office of the recorder of every county in which it carries on business, a copy of its charter, and a list of officers, which shall be corrected as often as the officers are changed. A copy certified by the county recorder may be introduced in evidence to prove the fact of the existence of such corporation without further proof. 257 Any person who acts as the managing agent or superintendent of a foreign corporation which has not complied with this provision shall be guilty of a misdemeanor and fined from fifty to five hundred dollars, to which may be added imprisonment for not more than six months.258

Every foreign corporation owning property or doing business

in the State shall appoint and keep an agent in the State on whom legal process may be served. A certificate shall be filed with the Secretary of State, giving the name and address of the agent, and this shall be renewed upon any change in the agency. Process served on such agent shall bind the corporation. If the corporation fails to make the appointment, process served on the Secretary of State shall bind the corporation. 250

A corporation of Nevada may become consolidated with a foreign corporation, provided the consolidated corporation shall remain subject to the laws of Nevada.260 A foreign corporation may take, hold and enjoy land and exercise the right of eminent domain on the same terms as a domestic corporation.261

Retaliatory provisions are as follows: "When, by the laws of any other State, country, Territory, colony, dependency or nation, any other or greater taxes, fines, penalties, licenses, fees or other obligations or requirements are imposed upon corporations of this State, doing business in such other State or nation, or upon their agents therein, than the laws of this State impose upon their corporations or agents doing business in this State, so long as such laws continue in force in such other or foreign State or nation, Territory, colony, dependency, or country the same taxes, fines, penalties, licenses, fees, obligations and requirements of whatever kind shall be imposed upon all corporations of such other State or nation, country, Territory, colony or dependency doing business within this State and upon their agents here; provided, that nothing herein shall be held to repeal any duty, condition or requirement now imposed by law upon such corporations of other States or nations transacting business in the State." 262

Every foreign corporation doing business in Nevada must

259 Ibid. §§ 1074a, 1074b, 1074 c.

260 Ibid. §§ 1075, 1076.

261 Ibid. §§ 2655, 2656.

262 Nev. 1903, ch. 121, § 106.

publish in a newspaper an annual statement of business done; a penalty is provided, for failure to make such publication, of one hundred dollars for each month's neglect.263

Process may be served on a foreign corporation doing business in the State by service on an agent, cashier, or secretary, president or other head thereof. In the case of a California corporation special provisions are made.264 When service cannot be made in this way, service may be made by publication.265 Where a foreign corporation brings suit, it may be required to give security for costs.266 In all actions against such corporations, associations, or companies which have neglected to file the proper certificate or act of their incorporation, as heretofore provided, it shall be sufficient to establish the legal existence of such corporation by the proof of their acting as such 267

§ 171. New Hampshire.

"Manufacturing corporations not established by the laws of this state doing business in the state are authorized and empowered to acquire, hold, and convey real and personal property, and shall conform to the laws of the state as to returns and taxation, the same as domestic corporations." 268 "Foreign corporations doing business in this state shall file with the state librarian, on or before the first day of January in each year, all printed reports of their condition issued by them during the twelve months preceding." 269

§ 172. New Jersey.

Foreign corporations doing business in the State are subject

263 Nev. 1901, ch. 108, §§ 1, 3.

264 Nev. Stat. 3051.

205 Ibid. § 3052.

266 Ibid. § 3510.

267 Ibid. 1074.

268 N. H. Pub. Stat. ch. 148, § 21.

209 N. H. 1895, ch. 3, § 6.

to all the provisions of the general corporation law, so far as they can be applied to foreign corporations.270

"Every foreign corporation organized for pecuniary profit, except banking, insurance, ferry and railroad corporations, express companies, parlor, palace or sleeping-car companies, surety companies, and corporations using or occupying public streets, highways, roads or other public places in this State, before transacting any business in this State, shall file in the office of the secretary of state a copy of its charter or certificate of incorporation, attested by its president and secretary, under its corporate seal, and a statement attested in like manner of the amount of its capital stock authorized and in the amount actually issued, the character of the business which it is to transact in this state, and designating its principal office in this state and an agent who shall be a domestic corporation or a natural person of full age actually resident in this state, together with his place of abode, upon which agent process against such corporation may be served, and an agency so constituted shall continue until the substitution, by writing, of another agent. Such corporation shall at the same time file with the Secretary of State a statement or report similar in all respects to the statement or report, if any, that is authorized by the laws of the state, territory or country in which such company is incorporated of corporations of New Jersey before they are allowed to transact business in such state, territory or country. Upon the filing of such paper or papers, and the payment of the fee required by law, and such further and additional sum, if any, as corporations of New Jersey are required by the laws of the state, territory or country where such corporations are incorporated to pay, before they are allowed to transact business in such state, territory or country, the secretary of state shall issue to such foreign corporation a certificate that it is authorized to transact business in this state, and that the business is such as may be lawfully transacted in this state, and he shall keep a record of such certifi270 N. J. Corp. Supp. § 96.