Seal. Statement required before admission. SECTION 31-2. The commission shall have an official seal which shall be one inch and three-quarters in diameter, with such design as the commission may prescribe engraved thereon, and surrounded by the words "The Public Service Commission of Ohio," with which its proceedings shall be authenticated and of which the courts shall take judicial notice. SECTION 179. Before granting such certificate, the secretary of state shall require such foreign corporation to file in his office a sworn copy of its charter or certificate of incorporation, and a statement under its corporate seal setting forth the following: The amount of capital stock of the corporation, the business in which it is engaged or in which it proposes to engage within this state; the proposed location of its principal place of business within this state, and the name of a person designated as provided by law, upon whom process against the corporation may be served within this state. The person so designated must have an office or place of business at the proposed location of the principal place of business of the corporation. (R. S. Sec. 148d.) Cited: Commercial Co. v. Mfg. Co., 55 O. S. 217 (affirming Commercial Co. v. Mfg., 11 O. C. C. 153, 5 O. C. D. 131); State, ex rel., v. Laylin. 73 O. S. 90 (affirming State, ex rel., v. Laylin, 3 O. N. P. (N. S.) 185, 15 O. D. (N. P.) 360); Fruit Co. v. Armour Car Lines, 74 O. S. 168 (reversing Armour Car Lines v. Fruit Co., 5 O. C. C. (N. S.) 161, 16 O. C. D. 496); Puerring v. Carter-Crume Co., 16 O. C. C. 629, 9 O. C. D. 411; Mfg. Co. v. Mill Co., 6 O. N. P. (N. S.) 1, 18 O. D. (N. P.) 413. A citizen of Ohio may sue a foreign corporation upon a cause of action arising outside of this state: Burke v. Construction Co., 9 O. N. P. (N. S.) 577. A foreign corporation which has designated a person upon whom process may be served in this state may be sued in this state by serving such agent with such process, although the cause of action arose in another state: Madison v. Construction Co., 21 O. D. [N. P.) 369. A service of summons upon a foreign corporation by delivering a copy thereof to a superintendent of such company, "he being in charge of the usual place of doing business of said company,' but it not appearing that he is the "managing agent" of said company, is defective, and will be quashed if it appears that the corporation, as required by G. C. 179, has designated another person as the one on whom process should be served: State, ex rel., v. Bridge Co., 7 O. C. C. (N. S.) 557, 18 O. C. D. 147. See notes to G. C. 176, 178, 180, 186 and 187. (2) BONDS OF TRANSPORTATION AGENTS. SECTION. 290. Certificate from auditor of state. 291. Bond of agent. 292. Bond must be filed with auditor. SECTION. 293. Record of bonds; fee. 295. Does not apply in certain cases. Certificate of state. SECTION 290. No person, firm or corporation shall engage in selling steamship or railroad tickets for transporta- from auditor tion to or from foreign countries, or in the business of receiving deposits of money for the purpose of transmitting the same, or the equivalent thereof, to foreign countries, until it has obtained from the auditor of state a certificate of compliance with the provisions of the two sections next following. The certificate shall be conspicuously displayed in the place of business of such person, firm or corporation. (99 v. 266 §§ 1, 2.) Bond of SECTION 291. Such person, firm or corporation shall make, execute and deliver a bond to the state of Ohio in agent. the sum of five thousand dollars, conditioned for the faithful holding and transmission of any money, or the equivalent thereof, delivered to it for transmission to a foreign country, or conditioned for the selling of genuine and valid steamship or railroad tickets for transportation to or from foreign countries, or both if to be engaged in both of such businesses. (99 v. 266 § 1.) auditor. SECTION 292. The bond shall be executed by such per- Bond must be son, firm or corporation as principal, with at least two good filed with and sufficient sureties, who shall be responsible and owners of real estate within the state. The bond of a surety company may be received, if approved, or cash may be accepted in place of surety. The bond shall be approved by the auditor of state, and filed in his office. Upon the relation of any party aggrieved, a suit to recover on such bond may be brought in a court of competent jurisdiction. (99 v. 267 §§ 2, 4.) Record of SECTION 293. The auditor of state shall keep a book to be known as a "bond book" wherein he shall place in bonds; fee. alphabetical order all such bonds received by him, the date of receipt, the name or names of the principals and place or places of residence, and place or places for transacting their business, the names of the surety upon the bond, and the name of the officer before whom the bond was executed or acknowledged. Such record shall be open to public inspection. The auditor of state shall collect a fee of five dollars for each bond so filed. (99 v. 267 § 3.) (3) Penalty. Does not apply in certain cases. SECTION 294. A person, firm or corporation which engages in such business, contrary to the provisions of the second and third preceding sections, shall be fined not more than five hundred dollars or imprisoned not more than six months, or both. (99 v. 267 § 5.) SECTION 295. Nothing herein shall apply to drafts, money orders or traveler's checks issued by trans-Atlantic steamship companies or their duly authorized agents or to national banks, express companies, state banks or trust companies. (99 v. 267 § 6.) |