INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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ACTS OF FIFTY-SIXTH CONGRESS—FIRST SESSION, 1900.
CHAP. 217 | CHAP. 379 | CHAP. 832| CHAP. 868

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Chapter 379
Sections 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9

Margin Notes
Chap. 379 Indian Territory. Laws of Arkansas relating to corporations made applicable.
Sec. 2 Substitution of terms.
Sec. 2 Fees of clerk of court.
Sec. 3 Incorporation of electric railroads, etc. Foreign corporations.
Sec. 3 powers.
Sec. 4 agent to be designated.
Sec. 4 contents of certificate to be filed.
Sec. 5 contracts void for failure to comply with requirements.
Sec. 6 Limit of time to designate agents, etc.
Sec. 7 Fees.
Sec. 8 Bank or trust companies may transact business, etc.
Sec. 8 Legal interest.
Sec. 9 U. S. courts to have jurisdiction over corporations
   1897, June 7,
   ch 3, ante, p. 88.

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Chapter 379
    Feb. 18, 1901. | 31 Stat., 794.
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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.a

aAs a general rule the laws of Arkansas have been made applicable to the Indian Territory, as in the case of the laws relative to the incorporation of towns, see 1898, June 28, ch. 517, s. 14, ante, p. 94, while numerous laws of a general character were made applicable by 1890, May 2, ch. 182, s. 31, ante, p. 48.

Be it enacted, &c., That section five 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” occurs 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 is 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 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 business 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 on business in the Indian Territory it shall, by its certificate, under the hand of the president and seal of such company, filed 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 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

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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 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 at the time of the passage of this Act are given ninety days in which to comply with section four in order to avoid the penalty of section five.

SEC. 7

That the clerk of the United States court of appeals for the 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 organized 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 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 shall have and exercise, in reference to all corporations created under this 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.a[February 18, 1901.]


aFor the United States courts in Indian Territory and their jurisdiction, see 1897, June 7, ch. 3, ante, p. 88.


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