Chap. 221.—An ACT to amend and re-enact an act entitled an act prescribing a
time for catching shad in the Commonwealth, approved March 14, 1926,
amended by an act approved February 28, 1928, and as further amended by an
act approved February 20, 1930. [H B 230]

Approved March 23, 1932

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act prescribing a time for catching shad in the waters of the
Commonwealth, approved March fourteenth, nineteen hundred and
twenty-six, as amended by acts approved February twenty-eighth,
nineteen hundred and twenty-eight and February twentieth, nineteen
hundred and thirty, be further amended and re-enacted so as to read
as follows:

First.—It shall be unlawful for any person or persons to take or
catch from any waters of the Commonwealth or from the Potomac
river any white shad or have in their possession any white shad so
caught between the first day of June and the fifteenth day of October
of any year; provided, however, that during the month of June of each
year, shad may be taken in the Nottoway river with dip nets for per-
sonal use only and no permit or license shall be required for such pur-
pose. Any person violating any provision of this act shall be fined not
less than twenty-five nor more than one hundred dollars, or confined in
jail not less than ten days nor more than six months.

Chap. 222--An ACT to amend and re-enact section 3848 of the Code of Virginia,
as heretofore amended, in relation to foreign corporations. [H B 221]

Approved March 23, 1932

1. Be it enacted by the general assembly of Virginia, That section
thirty-eight hundred and forty-eight of the Code of Virginia, as here-
tofore amended, be amended and re-enacted so as to read as follows:
Section 3848. If any foreign corporation shall transact business in
this State without first obtaining such certificate of authority provided
for in the preceding section, or if any foreign corporation which has
obtained such certificate of authority shall continue to transact busi-
ness without having filed, and paid the proper fee, if any, as provided
in the preceding section of the Code, as amended, a duly authenticated
copy of any amendment granted or revision of its charter which has
been made, within a reasonable time after the obtaining of such amend-
ment or making of such revision, or if any foreign corporation shall
transact any intrastate business, or otherwise exercise any of its cor-
porate functions, and/or franchises, in this State contrary to any law
of the State, heretofore or hereafter enacted, whether or not such
foreign corporation shall be eligible to obtain a certificate of authority
to transact business, or otherwise exercise any of its corporate func-
tions or franchises within this State, under any constitutional or statu-
tory provisions heretofore or hereafter enacted, it shall be fined not
less than ten dollars nor more than one thousand dollars, such fine to
be imposed by the State corporation commission, whose duty it shall
be to see that provisions of the preceding section are complied with,
and that the provisions of this section are enforced, by appropriate
proceeding and/or action. Every transaction had in the State by such
corporation without such certificate of authority, or without having
filed such amendment or revision and paid the fee thereon, if any, after
the lapse of a reasonable time from such amendment or revision, or in
contravention of any constitutional or statutory provision heretofore
or hereafter enacted, shall be deemed a separate offense. The officers,
agents and employees of any such corporation doing business in this
State without such certificate of authority, or when such corporation
is in default under the provisions of this and the preceding section re-
quiring the filing of a duly authenticated copy of any amendment or
revision of its charter and the payment of the fee required by law, if
any, or transacting, or taking any part in the transacting of, any busi-
ness, or exercising, or taking any part in the exercise of, any corporate
functions or franchises in contravention of any constitutional or statu-
tory provision heretofore or hereafter enacted, shall be personally
liable to the State for any fines imposed on it, and to any resident of
the State having a claim against such corporation, and, as to any claim
hereunder on behalf of the Commonwealth, any such officer or agent
and/or employee and/or any number of such officers, agents and/or
employees may be joined in any proceeding or action by the commis-
sion and a conditional judgment entered against any such officer or
officers, agent or agents, employee or employees at the same time as
against such foreign corporation, or in a separate proceeding subse-
quent to recovery of judgment against, and default on the part of, such
foreign corporation, and service of legal process upon any of said
officers, agents or employees within this State shall be deemed suffi-
cient service on the corporation. |

No such foreign corporation shall recover any money or property
or enforce any contract in any court without first obtaining the certi-
ficate of authority to do business in this State, provided for in the pre-
ceding section, nor at a time when such foreign corporation is in de-
fault under the provisions of the law requiring the filing of a duly au-
thenticated copy of any amendment or revision of its charter as pro-
vided by the preceding section, nor upon any transactions had by any
such foreign corporation in contravention of any constitutional or
statutory provision heretofore or hereafter enacted, nor until all taxes,
fees and charges due to the State have been fully paid; but nothing
contained in this section shall prevent any corporation, after having
withdrawn from the State, from enforcing a contract legally made, or
from merely collecting any debts and obligations legally incurred,
while said company was acting under a certificate of authority from
the State corporation commission, as provided in this chapter.

When any such corporation shall desire to cease doing business in
this State it may do so by surrendering to the State corporation com-
mission such original certificate of authority, or if it be lost or de-
stroyed, by filing an affidavit to that effect with the State corporation
commission in lieu of such original certificate of authority, and by
paying all taxes, fees and charges then due to the State. Such certi-
ficate of authority shall not be construed to authorize any such foreign
corporation to exercise any of the powers or functions of a public
service corporation in this State, nor to exempt such foreign corpora-
tion from the payment of any State or local revenue license.

The provisions of this act shall apply to foreign corporations now
licensed to do business in this State, as well as to those that may in
the future be so licensed, and to transactions and/or the exercise of
corporate functions or franchises hereafter had and occurring, not-
withstanding similar transactions and the exercise of corporate func-
tions and franchises which have heretofore been had, or occurred, in
contravention of any constitutional or statutory provision heretofore
enacted.