as may be acquired by inheritance or in good faith in the collection of debts heretofore created; provided, that this shall not apply to cases in which such right is secured to citizens or subjects of foreign countries by existing treaties. No corporation or association more than twenty per centum of the stock of which is or may be owned by any person or persons, corporation or corporations, association or associations, not citizens of the United States, shall hereafter acquire or hold or own any real estate hereafter acquired in any of the Territories of the United States or in the District of Columbia. All property acquired, held or owned in violation of the provisions of this Act shall be forfeited to the United States.367

§ 179. Oregon.

"Every foreign corporation, joint stock company, or association, now doing business in this state, or that may hereafter do business in this state, except fire, marine, fire and marine, life, accident, life and accident, plate glass and steam-boiler insurance companies, and surety companies, shall, during the month of June of each year, and on or before the first day of July of each year, furnish to the Secretary of State a sworn statement, containing the name of the corporation, the location of its principal office, the names of the president, secretary, and treasurer, with the post office address of each, date of the annual election of directors and officers of such corporation, joint stock company, or association, the amount of authorized capital stock, the number of shares and par value of each share, the amount of capital stock subscribed, the amount of capital stock issued, and the amount of capital stock paid up. Every foreign corporation, joint stock company, or association shall include in such statement the names and post office addresses of its managing agent and attorneys in fact in this state." 368 The foreign corporation shall also "duly execute and acknowledge a power of attorney, and

367 U. S. 1887, ch. 340, §§ 1, 2, 3.

368 Ore. 1903, p. 43, § 5.

cause the same to be recorded in the office of the Secretary of State, which power of attorney shall be irrevocable, except by the substitution of another qualified person for the one mentioned therein as attorney in fact, and such power of attorney shall appoint some person, who is a citizen of the United States and a citizen and resident of this state, as attorney in fact for such foreign corporation, joint stock company, or association, and such appointment shall be deemed to authorize and empower such attorney to accept service of all writs, process, and summons, requisite or necessary to give complete jurisdiction of any such corporation, joint stock company, or association to any of the courts of this state or United States courts therein, and shall be deemed to constitute such attorney the authorized agent of such corporation, joint stock company, or association upon whom lawful and valid service may be made of all writs, process, and summons in any action, suit, or proceeding, commenced by or against any such corporation, joint stock company, or association, in any court mentioned in this section, and necessary to give such court complete jurisdiction thereof. It shall be the duty of every such foreign corporation, joint stock company, or association, to maintain, at all times within this state, some qualified person as its attorney in fact, as herein provided, and in default thereof, it shall not be entitled to transact any business within this state or maintain any suit, action, or proceeding in its courts." In case of the death, removal or disqualification of the attorney or failure of the company to maintain an attorney, process may be served on the corporation by service on the Secretary of State.369

Every foreign corporation of any kind before transacting business in the State "shall file with the Secretary of State a written declaration of its desire and purpose to engage in business within this State, and must set forth a full name under which it proposes to transact business, the name of the state or county under whose laws it was organized, the location 309 Ibid. § 6.

of its home office, the date of its formation or incorporation, the amount of its capital stock, the nature of the pursuit, business, or occupation in which it is authorized to engage, the location of its principal office within this state, and name of its attorney in fact, who shall be constituted and appointed in accordance with section 6 of this act, the names and addresses of its principal officers, and of its directors or trustees, and the name and residence of its general agent within theState of Oregon; and said declaration shall be accompanied by a certified copy of the charter or articles of incorporation, certified to by the legal keeper of the original, together with a certificate of the secretary of state of a state or territory of the United States, or of a United States ambassador, minister, consul general, vice consul, or charge d'affaires in a foreign country under whose jurisdiction such corporation, joint stock company, or association was formed, that such certifying officer has the requisite official knowledge as to whether such charter or articles of incorporation are of a genuine, valid, and subsisting character, and that such copy is duly certified by the officer having the legal custody of the original." If the Secretary of State finds the certificate satisfactory he shall (after the payment of a fee of $50.00) issue his certificate of authority to do business. The certificate, accompanied by a receipt for payment of the fee, "shall be prima facie evidence of the legal existence of such foreign corporation, joint stock company, or association, and of its right to begin the transaction of the business specified within the State of Oregon, whether the same shall be questioned in any court of justice in this state, or before any commission, board, officer, magistrate, or inferior tribunal whatsoever." Insurance companies are exempt from payment of the fee.370 When a corporation has failed to pay all fees and taxes due the fact of delinquency shall be published; and "while such delinquency shall continue, the right of such delinquent corporation, company, or association to transact business shall be deemed to be in 370 Ibid. § 7.

abeyance, and such corporation, joint stock company, or association shall not be permitted to maintain any suit, action, or proceeding in any court of justice in this state; but the said delinquency of such corporation or joint stock company or association shall not operate to impair or delay the right of any other person, firm, or corporation." 371 "A plea that any domestic corporation or foreign corporation, joint stock company, or association has not paid any tax or fee required by any law of this state, and which is then due and payable, may be interposed at any time before trial upon the merits in any action, suit, or proceeding, and if issue be joined upon such plea, the same shall be first tried. Such plea cannot be made at any time by the delinquent corporation, joint stock company, or association." 372

Any foreign corporation which is permitted to carry on business in the State "may acquire, hold, use and dispose of in the corporate name all real estate necessary or convenient to carry into effect the object of the incorporation and the transaction of its business, and also any interest in real estate by mortgage or otherwise, as security for moneys due to or loans made by such corporation." 373

Nothing in the statutes shall be construed to give a foreign corporation any other or further rights, powers or privileges than may be acquired or exercised by domestic corporations.374

Foreign insurance companies, express and brokerage companies, deposit fifty thousand dollars with the State Treasurer before doing business; and any one acting as agent for such a corporation which has not made the deposit is subject to a fine of not more than one thousand dollars or imprisonment for not more than one year or both.375 A power of attorney shall be

371 Ibid. § 9.

372 Ibid. § 10.

373 Ore. Misc. L. § 2988.

374 Ibid. § 3294.

375 Ibid. § 3272.

recorded in each county in which the corporation has a resident agent, appointing a person to receive service of process.376 Surety companies are subject to the same regulations. 377

Foreign railroad, water and gas companies must file an agreement not to sue in or remove a suit to the Federal courts.378 No corporation is subject to the jurisdiction of a court of this State unless it appear in the court, or have been created by or under the laws of this State, or have an agency established therein for the transaction of some portion of its business, or have property therein; and in the last case only to the extent of such property at the time the jurisdiction attached.379 Service of process may be made by publication upon a foreign corporation which has property within the State, or on a cause of action which arose within the State, if process cannot otherwise be served.380 Where the plaintiff is a foreign corporation, its attorney is liable to the defendant for costs unless he files security for costs.381

180. Pennsylvania.

The constitution provides that "no foreign corporation shall do any business in this State without having one or more known places of business and an authorized agent or agents in the same upon whom process may be served." 382 It shall not be lawful for such a corporation to do business in the Commonwealth until it files with the Secretary of the Commonwealth a statement showing the title and object of the corporation, the location of its office or offices, and the name or names of its authorized agent or agents therein. A certificate of the Secretary of the filing of such statement shall be

376 Ibid. §§ 3276, 3277.

377 Ibid. §§ 3279-3282.

378 Ibid. § 3293.

379 Ore Co. Civ. Pro. § 516.

280 Ibid. § 56.

381 Ibid. § 566.

382 Pa. Const. Art. 16, § 5; 1874, P. L. 108, § 1.