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freight, shall not be required to operate the same more than six months per year, nor shall they be obliged to carry passengers.

1345. Application of act restricted.

SEC. 5. The provisions of this act, as to the amount of stock to be subscribed, and the amount of cash to be paid in, shall not apply to railroads of a wider gage than three feet.

An Act to amend an act entitled "An act to require foreign corporations to furnish evidence of their incorporation and corporate name," approved March third, eighteen hundred and sixty-nine.

Approved January 30, 1877, 57

1346. Foreign corporation must file certificate.

SECTION 1. Every incorporated company or association created and existing under the laws of any other state, or of any foreign government, shall file in the office of the county recorder of each county of this state, wherein such corporation is engaged in carrying on business of any character, a properly authenticated copy of their certificate of incorporation, or of the act or law by which such corporation was created, with a proper certificate of the officers of the corporation as to the genuineness of the same; and to each of such certificates shall be appended a duly certified list of the officers of such corporation, which said list, with the proper supplemental certificate, shall be corrected as often as a change in such officers occurs; and a copy of such certificate, duly certified to by the county recorder wherein such certificate is filed, may be introduced in evidence to prove the fact of the existence of such corporation, without further proof.

See secs. 1348-1350.

1347. Penalty-Proviso.

SEC. 2. Any person or persons who shall act as the managing agent or superintendent of any such corporation, in conducting or carrying on any business of such corporation, in any of the counties of this state, without any such certificate having been filed as required by section 1 of this act, shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than fifty nor more than five hundred dollars, to which may be added imprisonment in the county jail for any period not exceeding six months; provided, that in all actions against such corporations, associations, or companies which have neglected to file the proper certificate or act of their incorporation, as heretofore provided, it shall be sufficient to establish the legal existence of such corporation by the proof of their acting as such. Original act, Stats. 1869, 115, consisted of but two sections, both of which had been amended, and is therefore superseded by this act.

An Act to require foreign corporations to qualify before carrying on business in this state, regulating and prescribing the manner thereof, other matters pertaining thereto, and repealing all other acts in conflict herewith.

Approved March 20, 1907, 190

1348. Copy of charter to be filed.

SECTION 1. Every corporation organized under the laws of another state. territory, the District of Columbia, a dependency of the United States or foreign country, which shall hereafter enter this state for the purpose of doing business therein, must, before commencing or doing any business in this state, file in the office of the secretary of state of the State of Nevada a certified copy of said articles of incorporation, or of its charter, or of the statute or statutes, or legislative, or executive, or governmental acts, or other

instrument or authority by which it was created, and a certified copy thereof, duly certified by the secretary of state of this state, in the office of the county clerk of the county where its principal place of business in this state is located.

When a complaint alleged that plaintiff was a corporation organized under the laws of a foreign state, it was reversible error to dismiss the complaint on the motion to set it aside on the allegations therein, since whether plaintiff was entitled to do business in the state was a matter on which it was entitled to be heard and to have a day in court before its action was summarily dismissed.

1349. Fees for filing articles.

Nor was the unsworn motion of defendant's attorney to dismiss the complaint upon the allegations thereof sufficient to warrant the court in taking such judicial notice of such motion as to deprive plaintiff of its constitutional right of being heard upon the merits of the motion, in a proper proceeding, as to whether it had complied with the law before doing business in the state. SymonsKraussman Co. v. Reno Liquor Co., 32 Nev. 241 (107 P. 96).

SEC. 2. On filing certified articles, papers, or other instruments of incorporation, as required in section 1 of this act, said corporation shall pay the same fees to the secretary of state as are paid by corporations organized under the laws of this state.

See sec. 1203.

1350. Duties of officers-Fines.

SEC. 3. Every such corporation which shall fail or neglect to comply with the provisions of this act shall be subject to a fine of not less than five hundred dollars, to be recovered in a court of competent jurisdiction, and shall not be allowed to commence, maintain, or defend any action or proceeding in any court of this state until it shall have fully complied with the provisions of this act; and any person or persons who shall act as agent within this state of any such corporation, which shall fail for a period of ten days after the taking effect of this act to comply with the provisions herein, shall also be personally and individually liable to a fine of not less than five hundred dollars; and it is hereby made the duty of the secretary of state, as he may be advised that corporations are doing business in contravention of this act, to report them to the governor, who shall instruct the district attorney of the county wherein such corporation has its principal place of business, or the attorney-general of the state, or both, as soon as practicable, to institute proceedings to recover the fine or fines provided for in this section.

An Act requiring foreign corporations doing business in the State of Nevada to publish annual statements.

1351. Publish annual statements. 1352. File copy with assessors.

1353. Penalty for neglect.
1354. Officers to bring suit.

Approved March 28, 1901, 118

1351. Publish annual statements.

SECTION 1. All foreign corporations doing business in the State of Nevada shall during the month of May of this year and in each succeeding year in the month of January, publish a statement of their last year's business in some daily newspaper in the State of Nevada for a period of one week.

1352. File copy with assessors.

SEC. 2. The secretary of the company publishing the statement shall file a copy with the assessor of each county of the State of Nevada, in which said company is doing business. As amended, Stats. 1907, 39.

1353. Penalty for neglect.

SEC. 3. Any corporation coming within the provisions of this act who shall neglect or refuse to file a statement as required by section 1 of this act,

shall be liable to a penalty of $100 for each month that the published statement remains unfiled with the several assessors of the state.

1354. Officers to bring suit.

SEC. 4. Any district attorney in the state is competent to sue to recover the penalty, or the attorney-general. The first county suing through its district attorney shall secure the penalty, and if no suit is brought for the penalty by any district attorney the state shall have the right to recover through its attorney-general.

An Act to give foreign corporations the benefits of the statute of limitations of this state on certain conditions.

Approved March 29, 1907, 361

1355. Statute applies to foreign corporations under certain conditions. SECTION 1. Every foreign corporation doing business in the State of Nevada, which complies with all the provisions of the laws of this state, with reference to or concerning such corporations, is and shall be thereafter entitled to the benefit of the laws of this state, limiting the time for the commencement of civil actions, but no such corporation is or shall be entitled to the benefit thereof, nor can any such corporation maintain or defend any action or proceeding in any court of this state, until such corporation has complied with all the said laws of this state.

An Act for the regulation of foreign building and loan societies doing business in the State of Nevada.

1356. Annual license.

1357. Annual statement filed.

1356. Annual license.

Approved March 13, 1905, 141

1358. Penalty.

1359. Commissioner to examine business.
1360. Disposition of moneys.

SECTION 1. All foreign building and loan societies doing business in the State of Nevada shall pay into the office of the state insurance commissioner an annual license of $100.

See secs. 1361, 1372.

1357. Annual statement filed.

SEC. 2. They shall file with the insurance commissioner before the 1st day of March of each year an annual statement of all business done by them for the previous year either in Nevada or elsewhere, and the same shall be published as the statements of other corporations.

See secs. 1351, 1354.

1358. Penalty.

SEC. 3. Any person soliciting business for a foreign building and loan society in this state which has not paid the license mentioned in section 1 of this act shall be deemed guilty of a misdemeanor, and, on conviction thereof, be fined $100 or confined for fifty days in the county jail or both such fine and imprisonment.

1359. Commissioner to examine business.

SEC. 4. The insurance commissioner is authorized to examine into the business of any corporation doing business in Nevada under this act, but shall not be allowed more than his actual expenses while so doing. His bills for such expenses shall be submitted to the state board of examiners, and when allowed the state controller shall draw his warrant for the same.

1360. Disposition of moneys.

SEC. 5. All moneys received by the general [insurance] commissioner under this act shall be paid into the insurance [general] fund.

[Words in brackets not in enrolled bill.]

An Act requiring nonresident joint-stock companies, associations and corporations doing a building and loan business to furnish security before doing business in this state, and prescribing a penalty for a failure to do so.

Approved March 20, 1911, 284

1361. Must deposit collateral with state 1363. Misdemeanor.
1364. Conditions precedent.

treasurer.

1362. To file annual statement.

1361. Must deposit collateral with state treasurer.

SECTION 1. From and after the passage of this act no joint-stock company, association or corporation heretofore or hereafter organized under the laws of any other state, territory or foreign country, for the purpose of engaging in the building and loan business, or to borrow, loan or invest money, or dealing in investment certificates, or other similar business, except a banking business, shall be allowed to continue or to do business, without having first deposited with the state treasurer the sum of ten thousand dollars in money or United States or municipal bonds of this state, or in first mortgages upon real estate located within this state, or in first mortgages upon real estate of some other state or territory of the United States, and in addition thereto when the amount due upon investment certificates issued to residents of this state shall exceed one hundred thousand dollars, an additional deposit equal to ten per cent of such excess over one hundred thousand dollars so issued; such securities so deposited to be approved by the state treasurer, as a guaranty fund for the protection and indemnity of residents of the State of Nevada; with whom such companies, associations or corporations shall do business; the fund so deposited to be paid by the custodian thereof to the residents of Nevada only; and not then until proof of claim of unsatisfied final judgment has been filed with the custodian of such fund against such foreign company, association or corporation. Any of the securities so deposited may be withdrawn at any time upon other herein provided for, in like amount, being substituted in lieu thereof.

See secs. 1356–1360.

1362. To file annual statement.

SEC. 2. All joint-stock companies, associations or corporations transacting business in this state, under the provisions of this act, shall, on or before the first day of January of each year, file with the state treasurer a statement duly sworn to, showing the amount then due from them on investment certificates to residents of this state, which shall be the basis for the amount of money or securities, to be by them deposited as specified in section 1 of this act.

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SEC. 3. Any person or persons who shall be found in this state as agent, or any other capacity, representing such nonresident or foreign company, association or corporation, which has not complied with the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not exceeding five hundred dollars, or imprisonment in the county. jail not exceeding six months, or by both such fine and imprisonment. 1364. Conditions precedent.

SEC. 4. Any company, association or corporation subject to the provisions of this act, which has not fully complied with the terms thereof, shall not

be permitted to commence, prosecute or maintain any action in any court of this state.

FRATERNAL, BENEVOLENT, LITERARY, RELIGIOUS AND

ELEEMOSYNARY SOCIETIES

An Act to provide for the incorporation of religious, charitable, literary, scientific, and other associations.

Approved March 2, 1867, 70

1365. Certain associations may incorporate. 1366. Certificate of election to be filed

What to contain.

1367. Certificate-How acknowledged. 1368. Powers of trustees.

1369. Sale of real estate-How made.
1370. Descent of property-Trust.
1371. Limitation of property.

1372. Trustees to make annual report.

1365. Certain associations may incorporate.

SECTION 1. It shall be lawful for all churches, congregations, religious, moral, beneficial, charitable, literary, or scientific associations or societies, by such rules or methods as their rules, regulations, or discipline may direct, to appoint or elect any number, not less than three nor more than fifteen, as trustees or directors, to take charge of the estate and property belonging thereto, and to transact all affairs relative to the temporalties thereof. 1366. Certificate of election to be filed-What to contain.

SEC. 2. Upon the appointment or election of such trustees or directors, a certificate of such appointment or election shall be executed by the person or persons making the appointment, or the judges holding the election, or the secretary of the association or society, stating the names of the trustees or directors. The name by which the association or society shall thereafter forever be called and known shall be particularly mentioned and specified. amended, Stats. 1879, 102.

1367. Certificate, how acknowledged.

As

SEC. 3. Such certificate shall be acknowledged by the person making the same, or proved by a subscribing witness thereto, before some officer authorized to take acknowledgments of deeds, and recorded, together with the certificate of such acknowledgment or proof, by the clerk of the county within which such church, congregation, religious, moral, beneficial, charitable, literary, or scientific society or association shall be situated.

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SEC. 4. Such trustees or directors may have a common seal, and may alter the same at pleasure; they may take into their possession and custody all the temporalties of such corporation, whether given, granted, or devised, directly or indirectly, to such society or association, or to any person or persons for their use; they may sue and be sued, may receive and hold all the debts. demands, rights, and privileges, all churches, burying places, halls, school houses, hospitals, or other buildings, all the estates and appurtenances belonging to such association or society; they may have, lease, and improve the same, erect all houses or buildings that are necessary to carry out the objects of the society or association, and perform all duties imposed on them by the regulations, rules, or discipline of such organization.

1369. Sale of real estate-How made.

SEC. 5. The district court of the county in which any such association or corporation shall have been constituted, on application by petition of the trustees thereof, if they shall deem it proper and beneficial to such association or corporation, shall make an order for the sale of any real estate belonging to such association or corporation, and direct the application of the

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