be a party; and that said action may be brought in any county in which the cause of action arose, as now provided by law "was transacted," and service upon such agent will be taken and held as due service upon said corporation, such certificate must also state the principal place of business of such corporation in this State, with the address of the resident agent. A duly authenticated copy of the appointment and commission of such agent must be filed and recorded in the office of the secretary of State, for which a fee (therefor) of one dollar must be paid to the secretary, and a like fee of one dollar for each subsequent appointment of any agent so filed. A certified copy of the appointment of such agent under the hand and seal of the secretary of State, will be sufficient evidence of the appointment of such agent in any court. The secretary of State is required to prepare a list for distribution, giving the names of all corporations, with the name of their agent, showing the address of the agent by street and number, and must include the same in his biennial report to the governor.68 Sec. 49. When no resident agent designated service of summons upon foreign corporation may be upon secretary of State. It is provided upon this subject by statute, that in all cases where a cause of action accrues to resident or citizen of the State of Oklahoma, by reason of any contract with a foreign corporation, or where any liability on the part of a foreign corporation accrues in favor of any citizen or resident of this State, whether in tort or otherwise, and such foreign corporation has not designated an agent in this State upon whom process may be served, or has not an officer continuously residing in this State, upon whom summons or other process may be served so as to authorize a personal judgment, service of summons or any other process may be had 68 Snyder, 1,540; Act of March 22, 1909. upon the secretary of State, and such service will be sufficient to give jurisdiction of the person to any court in this State having jurisdiction of the subject-matter whether sitting in the county where the secretary of State is served or elsewhere in the State. The statute provides that it will not be effective in cases where its enforcement might conflict with the powers of Congress on the Federal laws to regulate commerce between the States.69 Sec. 50. Summons on railroad and stage company-Designated agent. Every railroad company or corporation, and every stage company doing business in the State of Oklahoma, or having an agent doing business therein for such corporation or company, is hereby required to designate some person residing in each county, into which its railroad line or stage route may or does run, or in which its business is transacted, upon whom all process and notices issued by any court of record or justices of the peace of such county may be served.70 Sec. 51. Summons-Certificate of appointment of designated agent. In every case such railroad company or corporation, and stage company, shall file a certificate of the appointment and designation of such person, in the office of the clerk of the district court of the county in which such person resides; and the service of any process upon the person so designated in any civil action, shall be deemed and held to be as effectual and complete as if service of such process were made upon 69 Snyder, 1,542; Act of March 22, 1909. 70 Snyder, 5,605; Wilson, 4,269; Kansas, 4,449 (1901), identical. As to service of notice to take depositions on railroad company, see Atchison v. Sage, 49 Kan. 524, 31 Pac. 140; Kansas v. Thatcher, 17 Kan. 92. Where action may be brought, see Hannibal v. Kanallay, 39 Kan. 1, 17 Pac. 324. the president, or other chief officer of such corporation, or stage company. Any railroad company, corporation or stage company may revoke the appointment and designation of such person upon whom process may be served, as hereinbefore provided, by appointing any other person qualified as above specified, and filing a certificate of such appointment, as aforesaid; but every second or subsequent appointment must also designate the person whose place is filled by such appointment.71 Sec. 52. Failure to designate agent, local agent may be served, when. If any railroad or stage company, or corporation, fail to designate or appoint such person, as in the preceding section is provided and required, such process may be served on any local superintendent of repairs, freight agent, agent to sell tickets, or station keeper, of such company or corporation in such county, or such process may be served by leaving a copy thereof certified by the officer to whom the same is directed, to be a true copy, at any depot or station of such company or corporation, in such county, with some person in charge thereof, or in the employ of such company or corporation, and such service will be held and deemed complete and effectual.72 Sec. 53. Service by leaving copy at residence of agent. In all cases where service of any process cannot be had upon the person designated by such company or corporation personally, service may be made by leaving a certified copy of such process at the usual place of residence of such person, or as in the last preceding section, and the same will be deemed complete and effectual.73 71 Snyder, 5,506; Wilson, 4,270; Kansas, 4,500 (1901), identical. 72 Snyder, 5,607; Wilson, 4,271. See, on this subject, Chicago v. Groves, 7 Okla. 315, 54 Pac. 484; Leroy v. Sidell, 62 Kan. 349, 63 73 Snyder, 5,607; Wilson, 4,272. Sec. 54. Service on insurance company. Where the defendant is an incorporated insurance company, and the action is brought in a county in which there is an agency thereof, the service may be upon the chief officer of such agency.74 Sec. 55. Service on managing agent. Where the defendant is a foreign corporation, having a managing agent in this State, the service may be upon such agent." Sec. 56. Constructive service on nonresident by publication. Service may be made by publication in either of the following cases: (a) In cases brought under the statute (Snyder, 5580, 5581; Wilson, 3920, 3921)," where any or all of the defend 74 Snyder, 5,608; Wilson, 4,273; Kansas, 4,503 (1901), identical; Nebraska, 1,075 (1907), identical; German v. First Nat'l, etc., 58 Kan. 86, 48 Pac. 592; S. W. v. Swanson, 49 Kan. 449, 30 Pac. 405; Bankers' Life v. Robins, 75 N. W. (Neb.) 585. 75 Snyder, 5,610; Wilson, 4,274; Kansas, 4,504 (1901); Federal v. Reeves, 73 Kan. 101, 84 Pac. 560. 76 Actions for the following causes must be brought in the county in which the subject of the action is situated, except as provided in the next paragraph: First. For the recovery of real property, or of any estate or interest therein, or the determination in any form, or any such right or interest. Second. For the partition of real property. Third. For the sale of real property, under a mortgage, lien, or other incumbrance or charge. Fourth. To quiet title, to estab lish a trust in, remove a cloud on, set aside a conveyance of, or to enforce or set aside an agreement to convey real property. If real property, the subject of an action, be an entire tract, and situated in two or more counties, or if it consists of separate tracts, situated in two or more counties, the action may be brought in any county in which any tract, or part thereof, is situated, unless it be an action to recover possession thereof, and if the property be an entire tract situated in two or more counties, an action to recover possession thereof may be brought in either of such counties; but if it consists of separate tracts, in different counties, the possession of such tracts must be recovered by separate actions brought in the counties where they are situated. An action to compel the specific performance of a contract to sell real estate may ants reside out of the State, or where the plaintiff with due diligence is unable to make service of summons on such defendant, or defendants, within the State. (b) In actions brought to establish or set aside a will where any or all of the defendants reside out of the State. (c) In actions to obtain a divorce where the defendant resides out of the State. (d) In actions brought against a nonresident of the State, or a foreign corporation, having in this State property or debts owing them, sought to be taken by any of the provisional remedies, or to be appropriated in any way. (e) In actions which relate to, or the subject of which is, real or personal property in this State, where any defendant has or claims a lien or interest, actual or contingent, therein, or the relief demanded consists wholly or partly in excluding him from any interest therein, and such defendant is a nonresident of the State or a foreign corporation. (f) In all actions where the defendant, being a resident of this State, has departed therefrom, or from the county of his residence, with intent to delay or defraud his creditors, or to avoid the service of summons, or keeps himself concealed therein with like intent."" Constructive service on a nonresident may be had in an action in which it is sought to trace a trust fund into specific property held by him with notice of the trust.78 It is irregular and erroneous to join claims, in which constructive service may be had with those where such service is not allowed.79 be brought in the county where the land lies, or where the defendants, or any of them, reside. Snyder, 5,580 and 5,581; Wilson, 3,920 and 3,921. 77 Snyder, 5,612; Wilson, 4,276; Kansas, 5,206 (1901), identical; Nebraska, 1,078 (1907), identical. 78 Reeves v. Pierce, 64 Kan. 502, 67 Pac. 1,108. 79 Zimmerman v. Barnes, 56 Kan. 419, 43 Pac. 764. In the case of a creditor proceeding by publication, the fact that he is seeking to subject property of the defendant within the jurisdiction must affirmatively appear. Repine v. McPherson, 2 Kan. 340. In a suit against a foreign corporation, where its treasurer, found within the State, |