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the claim, and if the discovery claim, the same shall be so specified, together with the name of the ledge and the number of feet in the aggregate, together with date of location; and shall cause the same to be recorded, in the county auditor's office in the county in which such claim or ledge may be situated, within twenty days after locating such claim.

SEC. 4. It shall be the duty of the county auditor of the county in which such claim is located to record all notices of the location of claims under the provisions of this act in a book, to be by him kept in his office, to be called the “book of quartz-claims”, and shall be entitled to charge and receive, for each and every claim such notice shall contain, the sum of one dollar.

Sec. 5. Every person who may locate a quartz-mining claim in said territory shall, within one year after locating such claim, do, or cause to be done, one hundred dollars' worth of work upon each and every claim held or located by such person. An affidavit, sworn to before any person competent to administer oaths, by the person or persons performing such labor or work, and filed with the county auditor, shall be prima facie evidence of the compliance with the requirements of this section.

SEC. 6. Individuals associated together as companies may, by working upon any portion of the claims held or owned by them as a company to the amount of one hundred dollars for each aud every claim so held, be deemed to have worked on each claim, and shall not, therefore, be deemed to have forfeited any part thereof, or may pay into the county treasury the amount of one hundred dollars, as provided for in section fifth of this act.

SEC. 7. No sales or transfer of claims shall be deemed valid unless the same shall be recorded, in the county auditor's office in the county where such claim or claims may be situated, within twenty days after such sale or transfer.

SEC. 8. All acts and parts of acts in conflict with this act are hereby repealed.
SEC. 9. This act shall take effect and be in force from and after its approval by the governor.

AN ACT in relation to foreign corporations holding property or doing business in this territory. (Approved Norenber 29, 1871; Stats.,

1871, p. 101.) SECTION 1. That all corporations now existing or hereafter formed under the laws of the states or other territories of the United States shall have full power and authority to sue and be sued, hold, purchase, and acquire, sell, lease, and dispose of real and personal property, and generally to do and perform any and every act and transact business within this territory in the same manner and to the same extent as though said corporation had been organized under the laws of this territory: Provided, That any such corporation hereafter acquirivg property or commencing to transact business in the territory shall first comply with the provisions of section two of this act: And provided further, That all the real estate of such corporation within this territory, and all the personal property of such corporation in this territory, including steamboats, all other vessels vavigating the waters of said territory, and all other personal property used in prosecuting the business of said corporation within this territory, shall be liable to taxation in this territory, any provisions in this act incorporating said company to the contrary notwithstanding.

SEC. 2. That said corporation shall file, or cause to be filed, in the office of the secretary of the territory, an authenticated copy of its act or articles of incorporation, and shall constitute and appoint an agent, who sball reside at the place in the territory where the principal place of business of said corporation in the territory sball be carried on, duly authorized to accept service of process, and upon whom service of process may be made in any action or suit pertaining to the property, business, or transactions of said corporation within tbis territory in which said corporation may be a party, and shall file, in the office of the secretary of the territory, a duly executed appointment of such agent, naming his place of residence, and shall continually have and keep some resident agent so as aforesaid empowered; and service upon such agent shall be taken and held as due service on said corporation: Provided further, That said agent or his place of residence may from time to time be changed upon tiling a new appointment or notice of the change in the place of residence.

SEC. 3. That nothing in this act shall be so construed as to render void anything heretofore done by any corporation of any other territory or a state of the United States not inconsistent with the organic law of this territory, but such acts and things shall remain valid as if the same had been done by corporations formed under the laws of this territory,

SEC. 4. This act shall take effect and be in force from and after its approval by the governor.

NOTE.-So much of section 2 as requires appointment of agent who shall reside in the territory is repcalod bg section 2 of "An act permitting foreign corporations to build, lease, or purchase railr oads, tramways, and bridges”, approved Norenber 5, 1875 (Stats., 1975, p. 108).

AN ACT in relation to quartz-mining claims. (Approred Sovember 13, 1873; Stats., 1873, p. 444.) Whereas the Congress of the United States did, by act approved May 10, 1872, provide that all mineral lands, both surveyed and unsurveyed, should thereafter be free and open to exploration and purchase by citizens of t.bo United States, and those who had duly declared their intentions to become such, and did, by said act, recognize the local customs and rules of miners in different mining districts of the United States and its territories, and did make certain other provisions and regulations in reference to mineral lands that local laws may regulate and make operative: Therefore,

SECTION 1. Be it enacted, etc., That all mining-claims upon veins or lodes of quartz, or other rock in place bearing gold, or other valuable mineral deposits heretofore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force on the date of their location. A mining-claim located after the passage of this act, whether located by one or more persons, may equal but not exceed one thousand five hundred feet in length along the vein or lode; but no location of a mining-claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim shall extend more than three hundred feet on each side of the iniddle of the vein at the surface, nor shall any claim be limited by any mining regulation to less than twenty-five feet of surface on each side of the middle of the vein or the surface, except where adverse rights existing on the 10th day of May, 1872, shall render such limitation necessary. The end-lines of each claim shall be parallel to each other.

Sec. 2. The locators of all mining locations heretofore made on any mineral vein, lode, or ledge on the public domain, and their heirs and assigns, so long as they comply with United States, territorial, and local laws, shall have exclusive right of possession and enjoyment of all surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth to the top or apex of which lies inside of such surface-lines extending downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their conrse downward as to extend outside of the vertical side-line of said surface-locations: Provided, That nothing in this section shall be construed to extend the claim of any locator of a mining-claim into the claim owned or possessed by any other person.

SEC. 3. The miners of each mining district may make rules and regulations governing the location, manner of recording, and amount of work necessary to hold possession of a mining-claim, subject to the requirements of the act of Congress approved May 10, 1872, entitled "An act to promote the development of the mining resources of the United States", which are as follows: • The location must be distinctly marked on the ground, so that its boundaries may be readily traced. All records of mining-claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims, located by reference to some natural objects or permanent monument, as will identity the claim. On each claim located after the passage of this act, and until a patent shall issue therefor, not less than one hundred dollars' worth of labor shall be performed or irpprovements made during each year, and, upou a failure to comply with these conditions, the claim upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made": Prorided, That all mining.claims shall be recorded in the office of the county auditor of the county where the same is situated, until regulations for the recording thereof shall be duly made by the miners of the mining. listrict in which the claiin is situated: And prorided further, That such record with the county auditor, before such regulations may have been made by the miners of the district providing for the record of such location, shall be all the record of the same that shall be required in the mining districts of this territory.

Sec. 4. All acts and parts of acts in contlict herewith are hereby repealed.
Sex, 5. This act to take effect and be in force from and after its passage.

YOTE.-Section 3 of this act was amended by a substitute section by Au act to amend au act entitled 'An act in relation to quartzkining, etc., approved November 12, 1875 (Stats., 1875, p. 126).

CHAP. XV.-AN ACTION TO RECOVER POSSESSION OF A VINING.CLAN. AN ACT relating to justices of the peace and to their practice and jurisdiction. (Approred November 13, 1873; Stats., 1873, p. 372.)

Sectioy 181. Any person claiming the right to the occupancy and possession of a mining-claim withheld by bother inay make complaint, in writing and ou oath, to a justice of the peace of the county in which the mining. claim is situated, setting forth the facts constituting his right to such possession and occupancy, and such a elescriptivu of the mining claim as can conveniently be given, and that the defendant wrongfully with holds the possessiou from him.

SE«. 142. Upon tiling such complaint, the same proceeding shall be had before the justice as in actions for forrible eutry and detainer, and if the judgment be rendered for the plaintiff, a writ of restitution may in like manner Te issued to place the plaintiff in possession of such mining claim.

SEC. 183. In an action to recover possession of a mining-claim, proof shall be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim, and such customs and Iegulations, when not in contlict with the laws of the United States or this territory, shall govern the decision of the action.

SEC. 238. This act shall take effect and be in force from and after its passage.

SESSION LAWS OF 1873, 1875.

CHAP. I.-GENERAL INCORPORATIONS.

AN ACT to provide for the formation of corporations. (Approved November 13, 1873; Sess. Laws, 1873, p. 398.) SECTION 1. That corporations for manufacturing, mining, milling, wharfing and docking, mechanical, mercantile, building, and farming purposes, or for the purpose of building, equipping, and running railroads, or engaging in any other species of trade or business, may be formed according to the provisions of this act, such corporations and the members thereof being subject to all the conditions and liabilities herein imposed, and to none others.

SEC. 2. Any two or more persons, who may desire to form a company for any one or more of the purposes specified in the preceding section, shall make and subscribe written articles of incorporation in triplicate, and acknowledge the same before any officer authorized to take the acknowledgments of deeds, and file one of such articles in the office of the secretary of the territory, and another in the office of the county auditor of the county in which the principal place of business of the company is intended to be located, and retain the third in the possession of the corporation. Said articles shall state the corporate name of the company, the object for which the same shall be formed, the amount of its capital stock, the time of its existence, not to exceed fifty years, the number of shares of which the capital stock shall consist, the number of trustees, and their names, who shall manage the concerns of the company for such length of time (not less than two or more than six months) as may be designated in such certificate, and the name of the city, town, or locality and county in which the principal place of business of the company is to be located. Amendments may be made to the articles of incorporation by supplemental articles executed and filed the same as the original articles.

SEC. 3. A copy of any certificate of incorporation, filed in pursuance of this act and certified by the auditor of the county in which it is filed, or his deputy, or by the secretary of the territory, shall be received in all the courts and places as prima.facie evidence of the facts therein stated.

SEC. 4. When the certificato shall have been filed, the persons who shall have signed and acknowledged the same, and their successors, shall be a body corporate and politic, in fact and in name, by the name stated in their certificate, and by their corporate name have succession for the period limited, and power:

1. To sue and be sued in any court having competent jurisdiction.
2. To make and use a common seal and to alter the same at pleasure.
3. To purchase, hold, mortgage, sell and convey real and personal property.

4. To appoint such officers, agents, and servants as the business of the corporation shall require; to define their powers, prescribe their duties, and fix their compensation.

5. To require of them such security as may be thought proper for the fulfillment of their duties, and to remore them at will, except that no trustee shall be removed from office nuless by a vote of two-thirds of the stockholders, as hereinafter provided.

6. To make by-laws not inconsistent with the organic act of this territory and the laws of the Congress of the United States and of this territory.

7. The management of its property, the regulation of its affairs, the transfer of its stock, and for carrying on all kinds of business within the objects and purposes of the company as expressed in the articles of incorporation.

SEC. 5. The corporate powers of the corporation shall be exercised by a board of not less thau two trustees, who shall be stockholders in the company, and a majority of them citizens of the United States and residents of this territory, who shall, before enterivg upon the duties of their office, respectively take and subscribe to an oath, as prescribed by tho laws of this territory, and who shall, after the expiration of the term of the trustees first elected, be actually elected by the stockholders at such time and place within the territory, and upon such notice and in such manner as shall be directed by the by-laws of the company; but all elections shall be by ballot, apıl ench stockholder, either in person or by proxy, shall be entitled to as many votes as lo may own or represent by prors shares of stock, and the person or persons receiving the greatest number of votes shall be trustee or trustees: Provided, That nothing herein contained' shall prevent any corporation by their by-laws limiting such bona fide shareholder to a single vote, or one vote for every full share of paid-up stock, or its equivalent in assessable stock, disregarding the number of shares of stock he may own. It shall be competent at any time for two-thirds of the stockholders of any corporation organized under this act to expel any trustee from office and to elect another to succeed him. In all cases where a meeting of the stockholders is called for the purpose of espelling a trustee and electing his successor, such notice shall be given of the meeting as the by-laws of the company may require. Whenever any vacancy shall happen among the trustees, by death, resignation, or otherwise, except by removal and the election of his successor as herein provided, it shall be filled by appointment of the board of trustecs.

SEC. 6. If it shall happen at any time that an election of trustees shall not be made on the day designated by the by-laws of the company, the corporation shall not for that reason be dissolved; but it shall be lawful on any other day to hold an election for trustees in such manner as shall be provided for in the by-laws of the company, and all acts of the trustees shall be valid and binding upon the company until their successors are elected and qualified.

Seo. 7. A majority of the whole number of trustees shall form a board for the transactiou of business, and overy decision of a majority of the persons duly assembled as a board shall be valid as a corporate act.

SEC. 8. The first meeting of the trustees shall be called by a notice signed by one or more persons named as trustees in the certificate, setting forth the time and place of the meeting, which notice shall be either delivered personally to cach trusteo or published at least twenty days in some newspaper in the county in which is the principal place of business of the corporation, or if no newspaper is published in the county, then in some newspaper nearest thereto in the territory.

SEC. I. The stock of the company shall be deemed personal estate, and shall be transferable in such manner as shall bo prescribed by the by-laws of the company; but no transfer shall be valid, except between the parties thereto, until the same shall have been entered upon the books of the company so as to show the names of the parties by and to whom transferred, the numbers and designation of the shares, and the date of the transfer.

Sec. 10. Tho stockholders of any corporation formed under this act may in the by-laws of the company prescribe the times, manner, and amounts in which payments of the sums subscribed by them, respectively, shall be made; but in case the same shall not be so prescribed, the trustees shall have the power to demand and call in from the stockholders the sus by them subscribed, at such time and in such manner, payments, or installments as they inay deem proper. In all cases notice of each assessment shall be given to the stockholders personally, or by palilication in some newspaper published in the county in which the principal place of business of the company is located; and if none be pablished in such county, then in the newspaper nearest to said principal place of business in the territory. If, after such notice has been given, any stockholders shall make default in the payment of assessments upon the shares held by him, so many of said shares may be sold as will be necessary for the payment of the assessment upon all the shares held by him, her, or them. The sale of said shares shall be made as prescribed in the by-laws of the company, but shall in no caso be made at the office of the company. No sale shall be made except at public auction, to the highest bidder, after a notice of four weeks, published as above directed in this section, and at such sale the person who shall pay the assessment so due, together with the expenses of advertising and sale, for the smallest number of shares or portion of a share, as the case may be, shall be deemed the highest bidder.

Sec. 11. Whenever any stock is held by a person as executor, administrator, guardian, or trustee, le shall represent such stock at all the meetings of the company, and may vote accordingly as a stockholder.

Sec. 12. Any stockholder may pledge his stock by a delivery of the certificates or other evidence of his interest, but may, nevertheless, represent the same at all meetings and vote as a stockholder.

SEC. 13. It shall not be lawful for the trustees to make any divideud, except from the net profits arising from the business of the corporation, nor divide, withdraw, or in any way pay to the stockholders, or any of them, any part of the capital stock of the company, nor to reduce the capital stock of the company, unless in the inanner prescribed in this act or the articles of incorporation or by-laws; and in case of any violation of the provisions of this section, the trustees under whose administration the same may have happened, except those who may have canseul their dissent therefrom to be entered at large on the minutes of the board of trustees at the time, or were not present when the same did happen, shall, in their individual or private capacities, be jointly or severally liable to the corporation, and the creditors thereof in the event of its dissolution, to the full amount so divided, or reduced, or paid out: Prorided, That this section shall not be consťrued to prevent a division and distribution of the capital stock of the company which shall remain after the payment of all its debts upon the dissolution of the corporation or the expiration of its charter.

Sec. 14. No corporation organized under this act shall by any implication or construction be deemed to possess the power of issuing bills, notes, or other evidences of debt for circulation as money, except bonds by railroad companies, which shall at no time exceed double the amount of paid-up stock issued by said company. And each and erery stockholder shall be personally liable to the creditors of the company to the amount of what remains unpaid upon his subscription to the capital stock, and not otherwise.

SEC. 15. Yo person holding stock as executor, administrator, guardian, or trustec, or holding it as collateral security or in pledge, shall be personally subject to any liability as a stockholder of the company; but the person pledging the stock shall be considered as holding the same, and shall be liable as a stockholder, and the estate and funds in the hands of the executor, administrator, or guardian or trustee shall be liable in like manner and to the saine extent as the testator, or intestate, or the ward or person interested in the trust fund would bave been if he or she had been living and competent to act and hold the stock in his or her own name.

SEC. 16. It shall be the duty of the trustees of every company incorporated under this act to keep a book containing the names of all persons, alphabetically arranged, who are or shall be stock bolders of the corporation, apo showing the ntunber of shares of stock held by them, respectively, and the time when they became the owners of sich shares, which book, during the usual business hours of the day, on every day excepting Sunday and the legal holidays, shall be open for the inspection of stockholders and creditors of the company at the office or principal place of business of the company; and any stockholder or creditor of the company shall bave the right to make catruet froin such booli, or to demand and receive from the clerk or other officer having the charge of such book a certified copy of any entry therein, or to demand and receive from any clerk or oflicer a certified copy of any paper placed on file in the office of the company, and such book and certified copy shall be presumptive evidence of the fact therein stated in any action or proceeding against the company or any one or more of the stockholders.

SEC. 17. If at any time the clerk or other officer having charge of such books shall make any false eutry or neglect to make any proper entry therein, or, having the charge of any papers of the company, shall refuse or neglect to exhibit the same or allow the same to be inspected or extracts to be taken therefrom, or to give a certified copy of any entry as provided in the preceding section, he shall be deemed guilty of a misdemeanor, and shall forfeit and pay to the injured party a penalty of not less than one hundred dollars nor more than one thousand dollars, and all damages resulting therefrom, to be recovered in any action of debt in any court having competent jurisdiction; and for neglecting to keep such book for inspection as aforesaid the corporation shall forfeit to the people the sum of one hundred dollars for every day it shall so neglect, to be sued for and recovered in the name of the people in the district or probate court of the county in which the principal place of business of the corporation is located.

SEC. 18. Any company incorporated under this act may, by complying with the provisions herein contained, increase or diminish its capital stock to any amount which may be deemed sufficient and proper for the purposes of the corporation; but before any corporation shall be entitled to diminish the amount of its capital stock, if the amount of its debts and liabilities shall exceed the sum to which the capital is proposed to be diminished, such amount shall be satisfied and reduced so as not to exceed the diminished amount of the capital.

SEC. 19. Whenever it is desired to increase or diminish the amount of capital stock, a meeting of the stockholders shall be called, by a notice signed by at least a majority of the trustees, and published at least eight weeks in some newspaper published in the county where the principal place of business of the company is located, or if no newspaper is publisheri in the county, then the newspaper nearest thereto in the territory, which notice shall specify the object of the meeting, the time and place where it is to be held, and the amount to which it is proposed to increase or diminish the capital, and a rote of two-thirds of all the shares of stock shall be necessary to increase or diminish the amount of capital stock.

SEC. 20. If at a meeting so called a sufficient number of votes have been given in favor of increasing or diminishing the amount of capital, a certificate of the proceedings showing a compliance with these provisions, the amount of capital actually paid in, the whole amount of debts and liabilities of the company, and the amount to which the capital stock is to be increased or diminished, shall be made out and signed and verified by the affidavit of the chairman and secretary of the meeting, certified to by a majority of the trustees, and filed as required by the second section of this act, and when so filed the capital stock of the corporation shall be increased or diminished to the amount specified in the certificate.

SEC. 21. Upon the dissolution of any corporation formed under the provisions of this act, the trustees at the time of the dissolution shall be trustees of the creditors and stockholders of the corporation dissolved, and shall have full power and authority to sue for and recover the debts and property of the corporation, by the name of the trustees of such corporation, collect and pay the outstanding debts, settle all its affairs, and divide amoug the stockholders the money and other property that shall remain after the payment of the debts and necessary expenses.

SEC. 22. Any corporation formed under this act may dissolve and disincorporate itself by presenting to the district judge of the judicial district in which the office of the company is locateil a petition to that effect, accompanied by a certificate of its proper officers, and setting forth that at a meeting of the stockholders called for the purpose it was decided by a vote of two-thirds of all the stockholders to disincorporate and dissolve the corporation. Notice of the application shall then be given by the clerk, which notice shall set forth the nature of the application, and shall specify the time and place at which it is to be heard, and shall be published in some newspaper of the county once a week for eight weeks, or it no newspaper is published in the county, by publication in the newspaper nearest thereto in the territory. At the time and place appointed, or at any other time to which it may be postponed by the judge, he shall proceed to consider the application, and if satisfied that the corporation has taken the necessary preliminary steps and obtained the necessary vote to dissolve itself, and that all claims against the corporation are discharged, he shall enter an order declaring it dissolved.

SEC. 23. All corporations now existing or hereafter formed under the laws of other states au territories for the conducting and transaction of marine, life, or fire insurance business, with an authorized agent residing in and having an oflice in this territory, shall have ample power to do and transact such insurance business within this territory not inconsistent with the organic act of this territory, with ample power luy their corporate name and style to enjoy all such rights not inconsistent with the organic act as aforesaid, and to maintain and defend the same in any court or place within this territory as fully as though said companies were domestic corporations, incorporated by and in accordance with the laws of this territory.

SEC. 24. Any corporation desiring at any time to remove its principal place of business into some other county in the territory shall file in the office of the county auditor a certified copy of its certificate of incorporation. If it is desired to remove its principal place of business to some other city, town, or locality within the same county, publication shall be made of such removal at least once a week for four weeks in the newspaper published nearest to the city, town, or locality from which the principal place of business of such corporation is desired to be removed. The formation or corporate acts of no corporation hereafter formed under this act shall be rendered invalid by reason of the fact that its principal place of business may not have been designated in its certificate of incorporation:

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