Chapter 379. To put in force in the Indian Territory certain provisions of the laws of Arkansas relating to corporations, and to make said provisions applicable to said Territory
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CHAP. 379.— An Act To put in force in the Indian Territory certain provisions of the laws of Arkansas relating to corporations, and to make said provisions applicable to said Territory. February 18, 1901. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Indian Territory. Certain provisions of Arkansas laws as to corporations made applicable in. That section live hundred and four and the succeeding sections down to and including section five hundred and nine, section nine hundred and sixty, and the succeeding sections down to and including section one thousand and thirty-five, of the laws of Arkansas, as published in eighteen hundred and eighty-four in the volume known as Mansfield’s Digest of the Statutes of Arkansas be, and the same are hereby, extended over and put in force in the Indian Territory, so far as they may be applicable and not in conflict with any law of Congress applicable to said Territory heretofore passed.
Sec. 2. That wherever in said sections the word “county” occursSubstitution of terms. there shall be substituted therefor the words “judicial district,” and where the words “county court” occur the words “United States courts” shall be substituted therefor; wherever the words “State” or “State of Arkansas” occur there shall be substituted therefor the words “Indian Territory;” wherever the words “secretary of state” occur there shall be substituted therefor the words “clerk of the United States court of appeals for the Indian Territory,” and said clerk shall be entitled to the same fees and compensation for his services rendered under this Act that the secretary of state in Arkansas is795 entitled to receive for like services, and shall retain the same as compensation for his services under this Act; wherever the words “clerk of the county” occur there shall be substituted therefor the words “clerk of the judicial district,” and said clerk shall be entitled to the same fees and compensation for his services rendered under this Act that county clerks are entitled to receive for like services, and shall retain the same as compensation for his services under this Act; wherever the words “general assembly” occur there shall be substituted therefor the words “Congress of the United States;” and where the words “vest in the State” occur in section one thousand and thirty-five there shall be substituted therefor the words “vest in the United States”; *Provided*, That companies may be incorporated under the*Proviso*.Electric railroads, etc. provisions of this Act to construct, own. and operate electric railroads, telephone and telegraph lines in the Indian Territory.
Sec. 3. That foreign incorporations may be authorized to do businessForeign corporations.Organization of; powers, etc. in the Indian Territory, under such limitations and restrictions as may be prescribed by law: and as to contracts made and business done in the Indian Territory, they shall be subject to the same regulations, limitations, and liabilities, and shall exercise no other or greater powers, privileges, or franchises than may be exercised by like corporations organized under the provisions of sections one and two of this Act.
Sec. 4. That before any foreign corporation shall begin to carry onCorporation certificate. business in the Indian Territory it shall, by its certificate, under the hand of the president and seal of such company, tiled in the office of the clerk of the United States court of appeals for the Indian Territory, designate an agent, who shall reside where the United States court of—designation of resident agent, etc. appeals for the Indian Territory is held, upon whom service of summons and other process may be made.
Such certificate shall also state the principal place of business of such corporation in the Indian Territory. Service upon such agent shall be sufficient to give jurisdiction over such corporation to any of the United States courts for the Indian Territory. If any such agent shall be removed, resign, die, or remove from the Indian Territory, or otherwise become incapable of acting as such agent, it shall be the duty of such corporation to appoint immediately another agent in his place, as hereinbefore provided.
Sec. 5. That if any foreign corporation shall fail to comply with—penalty for noncompliance. the provisions of the foregoing sections, all its contracts with citizens and residents of the Indian Territory shall be void as to the corporation, and no United States court in the Indian Territory shall enforce the same in favor of the corporation. Sec. 6. That corporations doing business in the Indian Territory atLimit of time to designate resident agent, etc. the time of the passage of this Act are given ninety days in which to comply with section tour in order to avoid the penalty of section five.
Sec. 7. That the clerk of the United States court of appeals for theFees. Indian Territory shall charge and receive for services imposed upon him by the provisions of this Act the same fees allowed officers of the State of Arkansas for like services under the laws of that State. Sec. 8. That any bank or trust company now or hereafter organizedBanks and trust companies; powers, etc. under the laws of Arkansas or any other State may transact such business in the Indian Territory as is authorized by its charter, and that is not inconsistent with the laws in force in the Indian Territory, and may loan money and contract for the payment of the same at a rate of interest not to exceed the sum of eight per centum per annum, and a like rate for a period less than a year: *Provided*, That the lawful*Proviso*.Legal interest in territory. interest in said Territory shall be six per centum when no rate of interest is agreed upon, but in no case shall the interest exceed eight per centum per annum.
Sec. 9. That the United States courts in the Indian Territory shallJurisdiction United States courts. have and exercise, in reference to all corporations created under this796 Act, the same powers and jurisdiction as may be exercised in the State of Arkansas by the courts of that State over corporations created therein under the provisions of any law in force in that State relating to corporations. Approved, February 18, 1901.