certificate of incorporation. If a foreign corporation, to proceed against such corporation for the recovery of the money forfeit provided for in this Act, and to forfeit its right to do business in this State, Provided, That within sixty days after the passage of this Act all foreign corporations desiring to do business in this State shall file a new bond, as the statute direct; and such sureties and bondsmen shall be liable for the penalties and forfeitures, including costs, provided for in this Act.

SECTION 8. Whenever any proceeding shall be commenced in any court of competent jurisdiction in this State by the Attorney General or Prosecuting Attorney against any corporation or corporations, individual or individuals, or association of individuals, or joint stock association or copartnership under the law against the formation and maintenance of pools, trusts of any kind, monopolies or confederations, combinations or organizations in restraint of trade, to disolve the same or to restrain their formation or maintenance in this State, or to recover the penalties in this Act provided, then and in such case, if the Attorney General or Prosecuting Attorney desires to take the testimony of any officer, director, agent, or employee of any corporation, or joint stock association proceeded against, or in case of a copartnership, any of the members of said partnership, or any employee thereof, in any court in which said action may be pending; and the individual or individuals whose testimony is desired. are without the jurisdiction of this State, or reside without the State of Arkansas, then in such case, the Attorney General or Prosecuting Attorney may file in said court in term time, or with the judge thereof in vacation, a statement, in writing, setting forth the name or names of the persons or individuals whose testimony he desires to take, and the time when and the place where he desires said persons to appear; and thereupon the court or judge

thereof shall make an order for the taking of said testimony of such person or persons and for the production of any books, papers and documents in his possession or under his control relating to the merits of any suit, or to any evidence therein, shall appoint a commission for that purpose, who shall be an officer authorized by law to take depositions in this State, and said commission shall issue immediately a notice, in writing, directed to the attorney or attorneys of record in said cause, or agent, or officer, or other employee, that the testimony of the person named in the application of the Attorney General or the Prosecuting Attorney is desired, and requesting said attorney, · or attorneys of record, or said officer, agent or employee to whom said notice is delivered, and upon whom the same is served, to have said officer, agent, employee, representative of said copartnership, or agent thereof, whose evidence it is desired to take, together with such books, papers and documents, at the place named in the application of the Attorney General, or the Prosecuting Attorney, and at the time fixed in said application, then and there to testify; Provided, however, That such application shall always allow in fixing said time the same number of days' travel to reach the designated place in Arkansas that would now be allowed by law in case of taking depositions: Provided, also, In addition to the above named time, six days shall be allowed for the attorney or attorneys of record, or the agent, officer or employee on whom notice is served, to notify the person or persons whose testimony is to be taken. Service of said notice as returned in writing may be made by anyone authorized by law to serve a subpœna.

SECTION 9. Whenever the persons mentioned in the preceding sections shall be notified, as above provided, to request any officer, agent, director or employee to attend before any court, or before any person authorized to take the testimony in said proceedings, and the person

or persons whose testimony is requested, as above provided, shall fail to appear and testify and produce any books, papers and documents, they may be ordered to produce by the court, or the other officer authorized to take such evidence, then it will be the duty of the court, upon motion of the Attorney General or, Prosecuting Attorney, to strike out the answer, motion, reply, demurrer or other pleading then or thereafter filed in said action or proceeding by the said corporation, joint stock association or copartnership, whose officer, agent, director or employee has neglected or failed to attend and testify and produce all books, papers and documents he or they shall have been ordered to produce in said action by the court or person authorized to take said testimony, and said court shall proceed to render judgment by default against said corporation, joint stock association or copartnership. And it is further provided, That in case any officer, agent, employee, director or representative of any corporation, joint stock association or copartnership in such proceeding, as hereinbefore mentioned, who shall reside or be found within this State, shall be subpoenaed to appear and testify or to produce books, papers and documents, and shall fail, neglect or refuse to do so, then the answer, motion, demurrer or other pleading then and thereafter filed by said corporation, joint stock association or copartnership in any such proceeding, shall, on motion of the Attorney General or Prosecuting Attorney, be stricken out and judgment in said cause rendered against said corporation, joint stock association or copartnership.

SECTION IO. It will be the duty of the Attorney General and the Prosecuting Attorney of each county, respectively, to enforce the provisions of this Act. The Attorney General or the Prosecuting Attorney, or both, shall instiute and conduct all suits begun in the circuit

courts, and upon appeal the Attorney General shall prosecute said suits in the supreme court and courts of appeal. As compensation for his service in this behalf, the Attorney General shall be entitled to his actual expenses incurred in the prosecution of such suits, to be paid by the defendant or defendants when judgment is rendered for the State, to be taxed as costs by the court hearing the cause. The Prosecuting Attorney shall receive for his compensation one-fourth of the penalty collected, the remaining part of the penalty to go into the State treasury, as hereinbefore provided.

SECTION II. In all suits instituted under this Act to forfeit the charter of corporations, or to forfeit the right of a corporation to do business in this State, where a judgment of forfeiture is obtained and the cause is not appealed to the supreme court, the circuit court rendering such judgment shall allow the Prosecuting Attorney a fee of not less than twenty-five dollars nor more than two hundred and fifty dollars, to be paid out of the assets of said corporation; and when the Attorney General takes part in said prosecution he shall be entitled to his actual expenses, to be paid in like manner. All actions authorized and brought under this Act shall have precedence, on motion of the Prosecuting Attorney or Attorney General, of all other business, civil and criminal, except criminal cases where the defendants are in jail.

SECTION 12. Be it further enacted, that the Act of the General Assembly of the State of Arkansas, entitled "An Act providing for the punishment of pools, trusts and conspiracies to control prices, and as to evidence and prosecution in such cases," approved March 6, 1899, be, and the same is hereby expressly repealed, together with

all laws and parts of laws in conflict herewith, and that this Act shall take effect and be in force after sixty days after its passage.

Approved January 23, 1905.

ACT 2.

An ACT to provide for the support and maintenance of the Arkansas Deaf Mute Institution.

SECTION

1. Appropriations for salaries and maintenance of Deaf Mute Institute.

2.

Duties of teachers and employees.

3. Board of Trustees to elect employees, etc., and shall have power to discharge same.

4. Emergency supplies to be bought by Superintendent.

5. Appropriates money to pay interest on money borrowed by the Governor.

6. Money only to be used for purposes named in Act.

7. Laws in conflict repealed; Act in force from passage.

Be it enacted by the General Assembly of the State of Arkansas:

SECTION I. That the following sums of money or so much thereof as may be necessary, be and the same are hereby appropriated for the support and maintenance of the Arkansas Deaf Mute Institute for the two (2) years beginning April 1, 1903, and ending March 31, 1905.

First. To pay the salary of a Superintendent, who shall be elected for a term of two years, twelve hundred dollars per annum ($2,400).