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acting as the trustees of the stockholders and creditors thereof, after the dissolution of the corporation, shall in all things be subject to the control of the court of chancery i may be required to give bond, with security to be approved by the court, upon petition of any stockholder or creditor of the corporation dissolved, conditioned for the due discharge of their trust; may be required to account for the proceeds of the property and effects of the corporation, and for any failure to give such bond or render such account, or for any default or neglect of duty, they, or any of them, may be removed by the court, and a successor or successors appointed.
SEC. 8. This act shall be deemed a public act, and shall take effect from and after its passage.
CHAP. LXXVII.-LIENS. AN ACT giving liens to miners and other laborers in mines, coal-banks, and upon oil-lands. (Approved December 2, 1869; Comp. Laws,
p. 464.) SECTION 1. That every miner or other person who, at the request of the owner of any ledge or lode of quartzbearing gold, silver, cinnabar, or copper, or of any coal-bank or mine, shall work in or upon such mine or bank, shall have a lien upon such vein or lode, mine or bank, to the amount due at any time when a demand shall be made upon such owner, or his or their agent, for money due for such labor, and payment shall be refuse.
SEC. 2. That any person who shall labor as a mechanic or otherwise, or who shall furnish timber, lumber, rope, nails, or any other material for timbering shafts for) levels for the mine, or who shall furnish any kind of materials for erecting windlass, whim, or other hoisting apparatus upon any vein, mine, or coal-bank, referred to in the first section, shall also have a lien upon the mine or coal-bank for which he furnished such materials or upon which he performed such labor.
SEC. 3. The party seeking a lien shall proceed, so far as the proceedings are applicable, in the same manner to enforce a lien as by law required in the case of mechanics and other persons seeking to enforce a lien npon dwelling houses and other buildings, except when other provisions are made by this act.
SEC. 4. When any sum exceeding ten dollars, for labor performed by any miner or other person upou or in any mine or coal-bank specified in section one of this act, shall be due and unpaid for ten days, it shall be competent for the person or persons to whom such sum of money shall be due to file a notice in the office of the county recorder in the county where such mine is situated, at any time within thirty days after the last day upon which work was done by him; which said notice shall in substance set forth the fact that the party performed labor (naming the kind) for a party or company (naming the party or company); that such labor was performed under a contract (stating the substance); also the time when the party commenced and when he ceased to work, the amount still due and unpaid, together with a description of the mine or coal-bank upon which such work was performed; which statement shall be verified by the affidavit of the party so filing it, and, when filed, the county recorder shall record the same in a “lien-book”, the same as required in the case of mechanics' notices of liens.
SEC. 5. The provisions of the next preceding section shall apply to persons who shall furnish materials or work upon any shaft, whim, or other hoisting works, who, by complying with the general provisions of such section, shall have a like lien.
SEC. 6. When notices, as provided in the next two preceding sections, shall be filed, the lien shall hold not only against the owner of the mine or bank from the time when the miner or other person began work, but against all persons or company who shall have purchased such mine or coal-bank while such miner or other person was employed therein, or furnished materials used therein or thereon.
SEC. 7. Suit to enforce such lien may be commenced at any time within one year after filing such notice.
SEO. 8. Any owner of any oil well or spring, who shall employ any person to perform any work of any kind around or about any oil well or spring, either in building derricks, buildings, or any kind of machinery, or in boring or drilling, shall be deemed within the provisions of this act; and all persons performing labor or furnishing materials shall have like liens upon oil territory upon which he labored or for which he furnished materials or the improvements thereon, as miners or other laborers upon or in mines as provided in this act, and shall proceed in the same manner to enforce a lien.
SEO. 9. This act shall take effect and be in force from and after its passage.
AN ACT to create a lieu for miners and laborers in certain cases, and for other purposes. (Approved 16th December, 1871; Comp, Laws,
SECTION 1. That every miner or other person who, at the request of the owner or owners, or his or their agent, of any lode, lead, or ledge of quartz-bearing gold, silver, cinnabar, or copper, or of any coal-bank or mine, shall perform any labor or furnish any timber, rope, nails, or any other material for timbering shafts or levels for the mine, or who shall furnish any kind of material for erecting windlass, whims, or any other boisting apparatus or machinery, shall have a lien upon such lode, ledge, lead, mine, or bank to secure the payment of the same.
SEO. 2. Every miner or other person doing or performing any work or furnishing any material, as specified in section one of this act, under a contract or agreement, express or implied, between the owner or owners thereof, or his or their agent, whether such work shall be performed or material furnished as miner, laborer, subcontractor, or otherwise, whose demand for work so done or material so furnished has not been paid, may deliver to the owner or owners of such mine, or his or their agent, an attested account of the amount and value of the work and labor thus performed or the material thus furnished, and remaining unpaid, and thereupon such owner or owners, or bis or their ageut, shall retain, out of his subsequent payments to the contractors, the amount of such work and labor or material furnished, for the benefit of the person so performing or furnishing the same.
SEC. 3. Whenever any account of labor performed or material furnished, as referred to in the preceding section, shall be placed in the hands of the owner or owners of any mine, or his or their agent, as above stated, it shall be the duty of such owner or owners, or his or their agent, to furnish his or their contractor with a copy of such papers, so that, if there be any disagreement between such contractor and his creditor, they may, by amicable adjustment or by arbitration, ascertain the true sum due, and if the contractor shall not, within ten days after the receipt of such papers, give the owner or owners, or his or their agent, writtev notice that he intends to dispute the claim, or if ten days after giving notice he shall refuse or neglect to have the matter adjusted, as atoresaid, he shall be considered as assenting to the demand, and the owner or owners, or his or their agent, shall be justified in paying the same when it becomes due.
Sec. 4. The amount which may be due from any contractor to his creditor may be recovered from said owner or owners, or bis or their agent, by the creditor of said contractor, in an action at law, to the extent in value of any balance due by the owner or owners, or his or their agent, to his or their contractor, under the contract with him at the time of the notice first given as aforesaid, or subsequently, according to such contract (or) under the same.
SEC. 5. Any person entitled to a lien under this act shall make an account in writing of the items of labor, skill, machinery, and material furnished, or either of them, as the case may be; and, after making oath thereto, shall, within sixty days from the time of completing such labor and skill, or furnishing the last item of such machinery and material, file the same in the office of the register of deeds of the county in which the ledge, lead, or lode or bank may be situated for which such labor, skill, machinery, or materials shall have been furnished, and shall also file, at the same time, a correct description of the property to be charged with said lien, which account and description of said property, so made and filed, shall be recorded in a separate book, to be provided for that purpose, and shall, for the time of the completion of the work or furnishing material, and for one year thereafter, operate as a lien on the several descriptions of ledges, leads, lodes, mines, or banks in the first section of this act named; when any labor has been done or labor furnished on a written contract, the same, or a copy thereof, shall be filed with the account herein required to be filed: Provided, That all lien-claims for labor performed or material furnished shall be concurreut liens upon the same, and shall be paid pro rata out of the proceeds arising from the sale thereof, if the same shall be sold.
SEC. 6. Every person bolding such licu may proceed to obtain a judgmeut for the amount of his account thereon by civil actiou, and when any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit or suits be finally determined and satisfied; and, in all actions instituted under this act, all persons claiming liens upon the property sought to be affected shall be made parties to such action or proceeding, and the rights of all parties to such action shall be determined by the court, and such order made therein as shall preserve and protect the rights of all such parties under the provisions of this act.
SEC. 7. The county register of deeds, for tiling and recording all papers under this act, shall be paid the same fees as are or hercafter may be allowed by law for filing and recording deeds.
Sec. S. When any person who shall have filed his account and perfected his lien, pursuant to the provisions of this act, shall have received satisfaction for his claim and the legal costs of his proceedings therein, he shall, tipon the request of any person interested, and within six days, enter satisfaction of his lien in the office where such account and lien is of record, which shall forever thereafter discharge, defeat, and release the same.
Sec. 9. If any person having received satisfaction, as specified in the preceding section, or having been tendered the amount due on his claim with legal costs, shall not, within six days after request, enter satisfaction as aforesaid, he shall forfeit anıl pay to the person aggrieved double the amount of damages which may have been 8115tained in cousequence of such refusal or neglect.
SEC. 10. The provisions of this act shall apply to oil wells or springs and iron mines, so far as the same may be applicable, and to all mines not herein specified within this territory.
Sec. 11. All acts and parts of arts conflicting with the provisions of this act are hereby repealed.
CHAP. XLVIII.–EXEMPTION. AX ACT (ruepring certain property from vale upon execution or other procese. (Approred December 1, 1871; Comp. Laws, p. 340.)
SECIION 4. The tools, team, and implements, or stock in trade of any mechanic, miner, or other person, used and kept for the purpose of carrying on his trade or business, not exceeding in value three hundred dollars, .
shall be exempt from levy or sale upon execution, writ of attachment, or any process issuing out of any court in this territory. The value of any property claimed to be exempt under this section shall be determined in all respects and the fees shall be the same as specified in section two of this act: Provided, That no article of property in this and the preceding sections of this act mentioned shall be exempt from attachment or sale upon execution for the purobase money of said article of property: And provided further, That the person or persons claiming such exemption shall be a bona fide resident of this territory.
In section tro “the value of the property selected by any debtor to be ascertained by the appraisement of three disinterested householders, to be selected and summoned by the officer claiming to levy apon, attach, or sell such property; the appraisers shall be sworn by the officer to make a true appraisement of the value of such property, and shall be entitled to receive one dollar each for their services, and the officer levying upon or attaching such property shall receive two dollars for all services in determining the property exempt and the value thereof, the fees of the officer and appraisers to be paid by the party for whose benefit the process may have been issued, and to be taxed as costs in the cause in which such process issued”.
SESSION LAWS OF 1877, 1879.
AN ACT to establish an assay office in Wyoming territory. (Approved December 12, 1877 ; Sess. Law8, 1877, p. 8.) SECTION 1. There shall be established a territorial assay office in the territory of Wyoming, at Rawlins, in the county of Carbon.
SEC. 2. There is hereby appropriated by the territory of Wyoming the sum of six hundred dollars per annum, payable quarterly out of the territorial treasury, each quarterly payment to be made at the end of the quarter for which it is due, and the territorial auditor is hereby authorized to draw a warrant upon the treasurer of the territory for the said payments, in favor of the assayer, upon the application of the assayer, accompanied by a certificate from the secretary of the territory that his bond has been approved, and upon satisfactory proof to the auditor that such payment is due; and the territorial treasurer is hereby authorized to pay such warrants out of any money in the treasury not otherwise appropriated.
SEC. 3. The territoral assayer shall be appointed by the governor, by and with the consent of the council, and shall hold his office during good behavior aud until removed for misconduct or neglect of duty; and he shall give a boud to the territory, with two or more sufficient sureties, in the sum of two thousand dollars, to be approved by the secretary of the territory, conditioned for the faithful. discharge of his duties; and in case said territorial assayer shall fail to perform his duties, as hereinafter provider, he may be removed by the governor of the territory, and his successor shall be appointed by the governor.
SEC. 4. The territorial assayer shall provide a seal, bearing the name of “Wyoming Assay Office", and the name of the town in which said office is located, which seal shall be kept in the office and used by him expressly for the use of such office.
SEC. 5. It shall be the duty of said assayer to make assays of all minerals, from any portion of the territory of Wyoming, presented to him for assay, provided such specimens of ore be accompanied by the proper certificate. Any person presenting oro for assay shall have said ore, when presented, accompanied by an affidavit, taken before such assayer, who is hereby authorized to take such affidavit, or before some person authorized by law to take affidavits, stating the location of the lode and depth of shaft, which certificates or affidavits shall be kept and preserved by the assayer and turned over by him to his successor. The assayer making such assays shall be entitled to receive the sum of one dollar for each and every assay for gold and silver, and three dollars each for each and every assay made for any other metal, giving a certificate for each assay so made bearing the seal of his office, signed by himself, said fees to be paid by the person for whom such assay shall be made. The territorial assayer shall charge three dollars for all assays not accompanied with the required certificate and affidavits.
NOTE.-Sec. 5 amended by act approved December 13, 1879 (Sess. Laws, 1879, p. 12).
SEC. 6. It shall be the duty of the territorial assayer to keep a book, with proper index, alphabetically arranged, in which he shall record all assays made by him, giving the name of the person presenting, name of the lode and where situated from which the ore was taken, the kind of mineral, gold, silver, copper, etc., whether sulphuret, etc., and the amount such ore assays to the ton; access to said books to be had by the public during business hours; and any mutilation or changing of the records on said book shall be punishable by a fine of not less than one hundred dollars, or by imprisonment not less than three months in the county jail, or both.
SEC. 7. It shall be the duty of said assayer to furnish any owner of any mine within the territory of Wyoming, which has been developed so far as to show the existence of gold, silver, copper, or lead-bearing ores therein, under his hand and seal of his office, any information touching the richness of the ore in said mine, provided ore from said mine has been assayed by him; and for the same he shall be entitled to receive from the applicant the sum of five dollars for each abstract of assay so made.
Sec. 8. It shall be the duty of said assayer to make a report annually, under his hand and seal of his office, of all assays and examinations made during the year to the governor of the territory, who shall report the same to the legislature of the territory.
SEC. 9. There is hereby appropriated out of the territorial treasury the sum of one thousand dollars, which sum shall be expended by the said assayer, under the direction of the governor of the territory, for procuring and fitting up a suitable room, and in the purchase of furnaces, apparatus, permanent fixtures, books, papers, seal, and records, which shall thereafter be the property of the territory, and shall be turned over by each assayer to his successor in office, and the successor in office shall give his predecessor a receipt for the same, and also report immediately to the governor, stating what he has received.
SEC. 10. This act shall take effect and be in force on and after its passage and approval.
CHAP. V.-ASSAY OFFICF.
AN ACT to amend an act entitled "An act to establish an assay office in Wyoming territory”. (Approved December 13, 1879; Sess. Laws,
1879, p. 12.) SECTION 1. That section five of the above-entitled act be amended by striking out the words "three dollars” where they appear in the fourteenth and nineteenth lines of said section, and insert the words “one dollar” in liou thereof.
SEO. 2. All acts and parts of acts inconsistent with this act are hereby repcaled.
CHAP. LVII.—MINING DISTRICTS; LAWS RELATING THERETO.
AN ACT to provide for the preservation of the records, laws, and proceedings of miving districts, and their use as evidence. (Approvea
November 26, 1879; Sess. Laws, 1879, p. 115.) SECTION 1. That a copy of all the records, laws, and proceedings of each mining district, so far as they relate to lode-claims, shall be filed in the office of the register of deeds of the county in which the district is situated, within the boundaries attached to the same, which shall be taken as evidence in any court having jurisdiction in the matters concerned in such record or proceeding; and all such records of deeds and conveyances, laws and proceedings of any mining district heretofore filed in the register's office of the proper county, and transcripts thereof duly certified, whether such record relate to gulch-claims, lode-claims, building.lots, or other real estate, shall have the like effect in evidence.
SEC. 2. It shall be the duty of the recorder of each mining district to file copies as above provided, and reasonable fees therefor may be provided by the several mining districts.
SEC. 3. This act shall take effect from and after its passage.