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sions of this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding two hundred dollars, or by imprisonment in the county jail for a term not exceeding three months, or by both such fine and imprisonment.

Assessor is Guilty of Misdemeanor, When-How Punished.

Sec. 4299. Any county assessor failing to make out and deliver to the county auditor of his county a list within the time and in the manner provided in section 4295, and any county auditor failing to make out and transmit to the secretary of state a statement, within the time and in the manner provided in section 4296, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars.

Action Authorized Against State Treasurer.

Sec. 4300. Whenever any insurance company of another state, which has deposited with the treasurer of this state any securities or other assets to be held in trust for the policy holders of such company, becomes insolvent, any one or more of such policy holders may bring an action in the superior court of Thurston county against the state treasurer for the administration of the trust and distribution of the securities and assets for the benefit of the beneficiaries. Jurisdiction, etc. Sec. 4301. Such court in such cases shall have all the powers and jurisdiction of a court of equity; provided, that said trust shall be administered and said securities and assets distributed by the state treasurer under the direction of said court.

Extension of Railroad into State-Preliminaries Required.

Sec. 4305. Any railroad corporation chartered by or organized under the laws of the United

States, or of any state or territory whose constructed railroad shall reach or intersect the boundary line of this state at any point, may extent its railroad into this state from any such point or points to any place or places within the state, and may build branches irom any point on such extension. Before making such extension or building any such branch road, such corporation shall, by resolution of its directors or trustees, to be entered in the record of its proceedings, designate the route of such proposed extension or branch by indicating the place from and to which such extension or branch is to b constructed, and the estimated length of such extension or branch, and the name of each county in this state through or into which it is constructed, or intended to be constructed, and file a copy of such record, certified by the president and secretary, in the office of the secretary of state, who shall indorse thereon the date of filing thereof, and record the same. Thereupon such corporation shall have the rights and privileges to make such extension or build such branch, and receive such aid thereto, as it would have had had it been authorized so to do by articles of incorporation duly filed in accordance with the laws of this state.

Service of Summons by Publication.

Sec. 4877. When the defendant cannot be found within the state, (of which the return of the sheriff of the county in which the action is brought, that the defendant can not be found in the county, is prima facie evidence), and upon the filing of an affidavit of the plaintiff, his agent or attorney, with the clerk of the court, stating that he believes that the defendant is not a resident of the state, or can not be found therein, and that he has deposited a copy of the-summons and complaint in the postoffice, directed to the defendant at his place of residence, unless it is stated in the affidavit that such residence is not

known to the affiant, and stating the existence of one of the cases hereinafter specified, the service may be made by publication of the summons, by the plaintiff or his attorney in either of the fol lowing cases:

1. When the defendant is a foreign corporation, and has property within the state.

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Foreign Corporations Must File Articles with Secretary of State.

Act March 13, 1899, Stat. 1899, p. 100.

1. Any foreign corporation doing business in this state which shall fail to comply with the provisions of sections 1525 and 1526 of 1 Hill's Annotated Statutes and Codes of Washington, shall be subject to a penalty of two hundred and fifty dollars to be recovered in a civil action to be instituted by the attorney general in the name of the state of Washington, upon his being furnished with a sworn statement of facts sufficient to justify such action.

2. All penalties so recovered shall be paid into the general fund of the state treasury.

INDEX.

For numerical index to Codes and Statutes, see pages 21-31.

"[Statute]" refers to text of statute in Part II

Account, officers and agents can be compelled to,
305.

Actions, against corporations, place of suit [statute],
373.

by corporations [statute], 372.

by or against corporations, parties, 48.
by or against corporations, pleadings, 49.
by or against corporations, practice and pro-
cedure [statute], 54, 373.

Actions on Behalf of Corporation, basis of the
right to bring, 245, 246.

defenses, 247.

extent of the right to bring, 247.
for what may be brought, 246.
form of bill, 251.

parties, 250.

pleading, 249, 251.

prerequisites, 248.

proceeds of, a trust fund, 248.

remedy in equity, 246.

who can bring, 245.

Amendment of Charter, see Charter.
Agency, how created, 300.

Agents, admissions, when binding on corporation,

303.

authority, extent of, 301.

authority of, how conferred, 301.

corporation estopped to deny authority of,
when, 303.

how appointed, 299.

Agents, liabilities, 305.

notice to, when notice to corporation, 304.
penal liabilities of, 307.

power to bind corporation, 300.

special authority, how conferred, 301.
unauthorized acts, effect of, 303.

when corporation cannot deny authority, 135.
see unauthorized acts.

Alaska, statutes relating to foreign corporations,
599.

Arizona, statutes relating to foreign corporations
in, 607.

Articles of Incorporation, 66.

[statute], 375.

amendment of [statute], 380.

as evidence [statute], 70, 380.

declarations in, binding on corporation, 182.

defective [statute], 381.

defects not cured by amendment, 74.

effect of, as evidence, 316.

requisites, 66.

substantial compliance necessary, 68.

what to contain [statute], 376.

Assessments, action for, burden of proof, 226.

alternative actions to collect, 226.

amount of [statute], 410.

code method of levy exclusive, 219.

collection by personal action, 226.

collection by personal action [statute], 416.

conditions precedent to levy, 217.

defective levy [statute], 415.

defenses to, 216.

delinquent, how enforced, 220.

distinguished from calls, 215.

distinguishing features of California law re-
specting, 227.

for what levied, 218.

fully paid stock liable for, 218.

election to collect by personal action, when to

be made, 226.

illegal levy, effect of, 98.

irregular, action to set aside, 225.

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