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State, an affidavit of the president and secretary, showing the location of its principal business office in the State of Illinois, and the name of some person who may be found at said office, for the purpose of accepting service upon said corporation, in all suits that may be commenced against it, and as often as said corporation shall change the location of its office, or its attorney for receiving and accepting service, a new affidavit shall be filed to take the place of all such affidavits previously filed by the officers of said corporation.

Such corporation when admitted to do business in the State of Illinois, under this act, shall be required to make such reports from time to time as are required to be made by similar corporations organized under the laws of this State, and all regulations now in force or hereafter imposed upon domestic corporations, shall be alike observed and complied with by all foreign corporations doing business in this State.

No foreign corporation admitted to do business in this State under the provisions of this act shall hold any real estate except such as may be necessary for the proper carrying on of its legitimate business, nor be permitted to mortgage, pledge or encumber its real or personal property situated in this State to the injury or exclusion of any citizen or corporation of this State who is creditor of such foreign corporation, and no mortgage by any foreign corporation, except railroad and telegraph companies, given to secure any debt created in any other State shall take effect as against any citizen or corporation of this State until all its liabilities due any person or corporation of this State at the time of recording such mortgage, shall have been fully paid and extinguished.

Before any foreign corporation shall be authorized to do business in this State it shall be required to pay into the office of the Secretary of State upon the proportion of its stock represented by its property and business in Illinois, fees equal to those required of similar corporations formed within and under the laws of this State.

67e. 4. Nothing in this act shall be taken or construed to release from the operation of laws in force in this State, of foreign loan, building and loan, bond investment, surety, insurance or other corporations which are required to make deposits and comply with regulations established by law for their government, or the government of domestic corporations of like character, nor shall this act be construed to authorize the admission to do business in this State of any corporation, the like of which may not be organized under some law of

this State, nor to authorize the admission to do business in this State, of any foreign loan, building and loan, bond investment, surety or insurance company, nor shall this act be construed as a grant of power to any corporation admitted hereunder, but as a limitation upon interstate comity.

67f. 5. At any time the Secretary of State may, in his discretion, prepare and propound to the President, Secretary, any Director, or Manager of any corporation doing business in this State under the provisions of this act, such interrogatories respecting the character of business being transacted by it, the location of its business, the names and residences of its directors and officers, and the amount of capital paid in, as well as what disposition has been made of capital stock subscribed for or authorized and not paid in, and such interrogatories shall be answered under oath by the officer or director to whom propounded, within five days after receipt thereof, and upon the failure or refusal of such officer or director to fully answer such interrogatories and file the same, with his answers, in the office of the Secretary of State, within ten days after receiving the same, the Secretary of State may revoke the authority of such corporation to do business in this State, by filing with the certified copy of the charter of such corporation a certificate of revocation, and by the publication thereof for one issue in some newspaper of general circulation in the State of Illinois, and thereafter, such corporation shall not exercise any of its corporate powers or franchises in the State of Illinois. When such interrogatories shall have been answered and filed with the answers thereto, in the office of the Secretary of State, if thereby any violation of the law, or of the charter of said corporation, or any excess of its powers and authority to do business in this State is disclosed, a copy thereof, with such information, shall be immediately transmitted to the Attorney-General of this State for his action.

67g. Penalty.) § 6. Every foreign corporation amenable to the provisions of this act, which shall neglect or fail to comply with any of the provisions of the same as herein provided, shall be subject to a penalty of not less than one thousand dollars ($1,000.00) nor exceeding ten thousand dollars ($10,000.00), to be recovered before any court of competent jurisdiction, and it is hereby made the duty of the Secretary of State, as he may be advised or may ascertain that any corporation is doing business in contravention of this act, to report such fact to the Attorney-General of this State, and it shall be his duty and the duty of the State's Attorney of the proper

county to bring such actions at law as shall be necessary for the recovery of the penalties imposed thereby, and in addition to such penalty, if after this act shall take effect, any foreign corporation shall fail to comply herewith, no suit may be maintained either at law or in equity upon any claim, legal or equitable, whether arising out of contract or tort in any court in this State.

67h. § 7. This act shall not be construed to repeal any law now in force regulating the admission into this State of any insurance, surety, building and loan, railroad and telegraph corporation, but the provisions of this act shall be construed to be additional to any provisions, regulating the admission of any such foreign corporation to do business in the State of Illinois.

67i. Repeal.) § 8. An act entitled, "An act to amend an act entitled, 'An act to require every foreign corporation doing business in this State to have a public office or place in this State at which to transact its business, subjecting it to certain conditions and requiring it to file its articles or charter of incorporation with the Secretary of State and to pay certain taxes and fees thereon, approved May 26, 1897, in force July 1, 1897, (approved April 22, 1899, in force July 1, 1899),'" is hereby repealed and all acts and parts of acts in conflict herewith to the extent only of such conflict are hereby repealed.*

67j. § 9. This act shall not be applicable to, or in any manner affect, any corporation of another State which has acquired, or constructed, and is now operating, a railroad in the State of Illinois.

Corporations may act by attorney.

AN ACT to authorize corporations to act by attorney. (Approved and in force February 16, 1865. L. 1865, p. 24.) (*296 § 1. Any corporation, subsisting by the laws of other States or counties, may constitute and empower, by letter of attorney, any person or persons to act as its agent, in the State of Illinois, for the performance of such acts and doing such business as such corporation may be authorized to perform and do by the laws of the State of Illinois, and all instruments in writing, whether with or without seal, and all acts and things executed or done by such duly qualified agent, shall have the same force and effect, and be as valid and binding in law, as if executed and done, in due form of law, by the corporation for whom such agent may act; and any scrawl or seal written or affixed by such agent, so duly empowered, shall be deemed

and considered, in such particular instance, as the corporate seal of the corporation for whom such agent is authorized as aforesaid to act: Provided, That this act shall not apply to railroad corporations.

Act does not apply to Telephone Company, 236 Ill. 476.

Loans by in Illinois.

AN ACT to enable corporations in other States and counties to lend money in Illinois, to enforce their securities and acquire title to real estate as security. (Approved April 9, 1875. In force July 1, 1875. Laws 1875, p. 65; Legal News Ed., p. 83.

67. § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any corporation formed under the laws of any other State or country, and authorized by its charter to invest or loan money, may invest or loan money in this State. And any such corporation that may have invested or lent money as aforesaid, may have the same rights and powers for the recovery thereof, subject to` the same penalties for usury, as private persons, citizens of this State; and when a sale is made under any judgment, decree or power in a mortgage or deed, such corporation may purchase, in its corporate name, the property offered for sale, and become vested with the title wherever a natural person might do so in like cases: Provided, however, That all real estate so purchased by any such corporation, in satisfaction of any such liability or indebtedness, shall be offered at public auction, at least once every year, at the door of the courthouse of the county wherein the same may be situated, or at the premises so to be sold, after giving notice thereof for at least four consecutive weeks in some newspaper of general circulation, published in said county; and if there be no such newspaper published, therein, then in the nearest adjacent county where such newspaper is published; and said real estate shall be sold whenever the price offered for it is not less than the claim of such corporation, including all interest, cost and other expenses: And provided, further, That in case such corporation shall not, within such period of five years, sell such lands, either at public or private sale as aforesaid, it shall be the duty of the State's Attorney to proceed by information, in the name of the People of the State of Illinois, against such corporation, in the Circuit Court of the county within which such land, so neglected to be sold, shall be situated, and such court shall have jurisdiction to hear and determine the fact, and to order

the sale of such land or real estate, at such time and place, subject to such rules as the court shall establish. The court shall tax, as the fees of the State's Attorney, such sum as shall be reasonable; and the proceeds of such sale, after deducting said fees and costs of proceedings, shall be paid over to such corporation: And provided, further, That nothing in this act contained shall be so construed as to confer banking powers or privileges upon any such corporation.

AN ACT to enable corporations in other States and countries to lend money in Illinois, to enforce their securities and acquire title to real estate as security. (Approved May 24, 1897. In force July 1, 1897. L. 1897, p. 176; Legal News Ed., p. 132.

67a. § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any corporation formed under the laws of any other State or country, and authorized by its charter to invest or loan money, may invest or loan money in this State. And any such corporation that may have invested or lent money as aforesaid, may have the same rights and powers for the recovery thereof, subject to the same penalties for usury, as private persons, citizens of this State; and when a sale is made under any judgment, decree or power in a mortgage or deed, such corporation may purchase, in its corporate name, the property offered for sale, and become vested with the title wherever a natural person might do so in like cases: Provided, however, That all real estate so purchased by any such corporation, in satisfaction of any such liability or indebtedness, shall be offered at public auction, at least once every year, at the door of the courthouse of the county wherein the same may be situated, or on the premises so to be sold, after giving notice thereof for at least four consecutive weeks, in some newspaper of general circulation, published in said county; and if there be no such newspaper published therein, then in the nearest adjacent county where such newspaper is published; and said real estate shall be sold whenever the price offered for it is not less than the claim of such corporation, including all interest, cost and other expenses: And provided, further, That in case such corporation shall not, within the period of five years after acquiring such title, sell such lands, either at public or private sale, as aforesaid, it shall be the duty of the State's Attorney to proceed by information, in the name of the People of the State of Illinois, against such corporation, in the Circuit Court of the county within which such land, so neglected to be sold, shall be situ

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