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of all the privileges of this act, but in no manner to affect the remedy of all persons against such company, to be exercised as this act provides: Provided, That nothing contained in the provisions of this section concerning the disincorporation of such companies shall be so construed as to prevent the enforcement of the other remedies in this section mentioned, at any time after the passage of this act, except as herein provided.
SEC. 20. 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 capital.
SEC. 21. Whenever it is desired to increase or diminish the amount of capital stock, a meeting of the stockholders may be called by a notice sigued by at least a majority of the trustees, and published for at least four weeks in some newspaper published in the county where the principal place of business of the company is located, or in some newspaper nearest thereto; which notice shall specify the object of the meeting, the time and place where it is to be held, the amount to which it is proposed to increase or diminish the capital; and a vote of two-thirds of all the shares of stock shall be necessary to an increase or diminution of the amount of capital stock.
SEC. 22. If, at any meeting so called, a sufficient number of votes has 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 the debts and liabilities of the company, and the amount to which the capital stock is to be increased or diminished, shall be made out, signed, and verified by the affidavit of the chairman and secretary of the meeting, certified 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. 23. Upon the dissolution of any corporation formed under 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 among the stockholders the money and other property that shall remain after the payment of the debts and necessary expenses.
SEC. 24. Any corporation formed under this act may dissolve and disincorporate itself by presenting to the district judge of the district in which the meetings of the trustees are usually held a petition to that effect, accompanied by a certificate of its proper officers, and setting forth that, at a general or special meeting of the stockholders called for that 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 four consecutive weeks, or, if no newspaper is published in the county, by advertisement posted up for thirty days in three of the most public places in the county. At the time and place appointed, or at any other 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. 25. Whenever, by reason of death, absence from the county, or other legal impediments of the officers of any corporation, there shall be no person duly authorized to call or preside at a legal meeting thereof, any justice of the peace of the county where such corporation is established may, on the written application of three or more of the members thereof, or of one or more of the trustees named in the articles of incorporation, issue a warrant to either of said members or trustees, directing him to call a meeting of the corporation by giving such notice as is required by law for the first meeting of trustees, and the justice may, in the same warrant, direct such person to preside at such meeting until a clerk shall be duly chosen and qualified, if there shall be no other officer present legally authorized to preside thereat.
SEC. 26. The members of such corporation who shall so assemble may elect officers to fill all vacancies then existing, and may act upon and transact such other business as might lawfully be transacted at a regular meeting of the corporation; and the regularity or validity of any such meeting or of any action thereof shall not be questioned or inquired into collaterally in any private suit.
AN ACT prescribing the mode of maintaining and defending possessory actions on the public lands in this territory. (Approved December 10, 1864; Sess. Laws, 2d sess., 1864, p. 421: Gen. Laws, p. 751.)
1. Who may settle on public domain.
2. Claim, what to contain.
3. Claim, how described; shall be recorded.
4. Shall improve, how and when.
5. Action for possession, plaintiff to prove.
6. Act to take effect, when.
SECTION 1. Any person, being a citizen of the United States, or having, in accordance with law, declared hiɛ intention to become a citizen, now occupying and settled upon, or who may hereafter occupy or settle upon, any of
the public lands of the United States in this territory, for the purpose of cultivating or grazing the same, may commence and maintain any action for interference with, or injury to, his possession of such land against any person or persons interfering with or injuring the same: Provided, That, if such land contains mines of any of the precious metals, the possession or claim of the person or persons occupying the same for the purposes aforesaid shall not prevent the working of such mines by persons desiring to work the same as fully as if no such claim for agricultural or grazing purposes had been made thereon: Provided further, That this act shall not be so construed as to allow persons who have, subsequent to the location of land for agricultural or grazing purposes, to go upon such lands for the purpose of mining without either first paying the owner thereof the value of any growing crops they may destroy, or giving bonds for the same; this provision not to extend to any crops planted upon any lands subsequent to their location for mining purposes: And provided further, That this act shall not be construed to authorize the maintenance of any claim upon lands which, at the commencement of any such action, may have been selected by the United States and reserved for any purpose.
SEC. 2. Every claim, to enable the holder to maintain any action as aforesaid, shall contain not more than one hundred and sixty acres of lands; shall be in a compact form, and in no place less than eighty rods in width, and so distinctly marked that the boundaries thereof may be easily traced.
SEC. 3. Every such claim shall be accurately described in a written notice, which shall be recorded in the office of the recorder of the county wherein the claim shall be situated, in a book to be kept by him for that purpose, together with an affidavit of the claimant, setting forth :
First. That such claim does not embrace more than one hundred and sixty acres of land.
Second. That he or she holds no other claim under the provisions of this act.
Third. That, to the best of his or her information and belief, no part of said land is claimed under any existing adverse title.
SEC. 4. Within ninety days after the date of such record, said claimant shall improve the land so recorded, unless the same shall have been previously done by him or some one through whom he claims, by putting such improvements thereon as shall partake of the realty to the value of two hundred dollars, and shall continue to occupy and to cultivate or graze the same, or some portion thereof, either in person or by his agent or employé; and no person shall be entitled to maintain any such action unless he shall have complied with all the provisions of this act.
SEC. 5. In any action for the possession of, or for any injury done to, a lot or parcel of land situated in any city, town, or village on the public lands in this territory, the plaintiff shall be required to prove either an actual inclosure of the whole lot claimed by him, or the erection of a dwelling-house or other substantial building on some part thereof, by himself or some person through whom he claims, and proof of such building, with or without inclosure, shall be sufficient to hold such lot or parcel to the bounds thereof, as indicated by the plat of such city, town, or village, if there be one, and if there be no such plat, then to hold the same, with its full width and extent, from and including such building to the nearest adjacent street where the intervening space shall not have been previously claimed by adverse possession.
SEC. 6. This act to take effect and be in force from and after its approval by the governor.
SESSION LAWS, 1876, 1877, 1879.
AN ACT concerning rights of way, easements, and other necessary means for the development of mines. (Approved January 12, 1877; Sess. Laws, 1876–77, p. 70.)
Whereas the Congress of the United States, by an act approved July 26, 1866, and an act amendatory thereto, approved July 9, 1870, has provided that the local legislatures of the several states and territories may provide rules for working mines, involving easements, drainage, and other necessary means to complete development of mines upon which patents shall be granted by the United States, in the absence of necessary legislation by Congress; and whereas there has been no legislation by Congress upon this subject: Therefore,
Be it enacted, etc., SECTION 1. The proprietor, owner, or owners of mining-claims, whether patented under the laws of the United States or held under the local laws and customs of this territory, shall have a right of way for ingress and egress, for the necessary purpose, over and across the lands or mining-claims (patented or otherwise) of others, as hereinafter prescribed.
SEC. 2. Whenever any such mine or mining-claim shall be so situated that it cannot be conveniently worked without a road thereto, or a ditch to convey the water thereto, or a ditch or a cut to convey the water therefrom, or without a flume to carry water and tailings therefrom, or without a shaft or a tunnel thereto, which road, ditch, cut, flume, shaft, or tunnel shall necessarily pass over, under, through, or across any lands or mining-claim owned or occupied by others, either under a patent from the United States or otherwise, then shall such first-mentioned owner or owners be entitled to a right of way for such road, ditch, cut, flume, shaft, or tunnel over, under, through, and across such other lands or mining-claims, upon compliance with the provisions of this act.
NOTE.-Section 2 of this act was amended, and new section 2 provided by the act approved January 7, 1881 (Gen. Laws, 1880–81,
SEC. 3. Whenever the owner or owners of any mine or mining claims shall desire to work the same, and it is necessary, to enable him or them to do so successfully and conveniently, that he or they should have a right of way for any of the purposes mentioned in the foregoing sections, and if such right of way shall not have been acquired by agreement between him or them and the claimants or owners of the lands or claims over, under, across, and upon which he or they seek to establish such right of way, it shall be lawful for him or them to present to the judge of the district court of the territory of Idaho, within and for the county in which such right of way, or some part thereof, sought to be enforced is situated, or to which such county is attached for judicial purposes, a petition praying that such right of way be awarded to him or them. Such petition shall be verified, and contain a particular description of the character and extent of the right sought, a description of the mine or claims of the petitioner, and the claim or claims and the lands to be affected by such right or privileges, with the names of the occupants or owners thereof. It may also set forth any tender or offer hereinafter mentioned, and shall demand the relief sought.
SEC. 4. Upon the receipt of such petition and filing thereof with the clerk of such court, the judge shall direct a citation to be issued, under the seal of such court, to the owners named in the petition of mining-claims and lands to be affected by the proceedings, requiring them, and each of them, to appear before the judge on a day therein named, which shall not be less than ten days from the service thereof, and show cause why such right of way should not be allowed as prayed for; such citation shall be served on each of the parties in the manner prescribed by law for serving summons in ordinary proceedings at law.
SEC. 5. Upon the return day of the citation, or upon any day to which the hearing shall be adjourned, the judge shall proceed to hear the allegations and proofs of the respective parties, and if upon such hearing he is satisfied that the claims of the petitioners can only be conveniently worked by means of the privilege prayed for, he shall make an order adjudging and awarding to the petitioner such right of way, and shall appoint three commissioners, who shall be disinterested parties and residents of the county, to assess the damages resulting to the lands or claims affected by such order.
SEC. 6. The commissioners so appointed shall be sworn or affirmed to faithfully and impartially discharge their duties, and shall proceed without unreasonable delay to examine the premises, and shall assess the damages resulting from such right or privilege prayed for, and report the amount of the same to the judge appointing them; and if such right of way shall affect the property of more than one person or company, such report shall contain an assessment of damages to each company or person.
SEC. 7. For good cause shown, the judge may set aside the report of such commissioners, and appoint three other commissioners, whose duties shall be the same as above mentioned.
SEC. S. Upon the payment of the sum assessed as damages, as aforesaid, to the persons to whom it shall be awarded, or a tender thereof to them, then the person or persons petitioning, as aforesaid, shall be entitled to the right of way as prayed for in their or his petition, and may immediately proceed to occupy the same and erect thereon such works and structures and make therein such excavations as may be necessary to the use and enjoyment of the right of way so awarded.
SEC. 9. Appeals from the assessment of damages made by the commissioners may be made and prosecuted in the proper district court by any party interested, at any time within ten days after the filing of the report of the commissioners, and a written notice of such appeal shall be served upon the appellee in the same manner as summons are served in civil actions. The appellant shall file with the clerk of the court to which the appeal is made a bond, with sureties to be approved by the clerk, in the amount of the assessment appealed from, in favor of the appellee, conditioned that the appellant shall pay any costs that may be awarded to the appellee and abide any judgment that may be rendered in the cause.
SEC. 10. Appeals shall bring before the appellate court only the property and the amount of damages, and may be tried by the court or before a jury as other cases in the court.
SEC. 11. The prosecution of any appeal shall not hinder, delay, or prevent the appellee from exercising all the rights and privileges mentioned in section eight of this act: Provided, That the appellee shall file with the clerk of the court in which the appeal is pending a bond, with sufficient sureties to be approved by the clerk, in double the amount of the assessment appealed from, conditioned that the appellee shall pay to the appellant whatever amount he may recover in the action.
SEC. 12. If the appellant recover fifty dollars more damages than the commissioners shall have awarded, or the appellee shall offer to allow judgment against him to be taken, the appellee shall pay the costs of the appeal, otherwise the appellant shall pay such costs.
SEC. 13. The costs and expenses of proceedings under the provisions of this act, except as herein otherwise provided, shall be paid by the party making the application: Provided, however, That if the applicant shall, before the commencement of such proceedings, have tendered to the parties owning or occupying the lauds or miningclaims a sum equal to or more than the amount of damages recovered by the defendant or defendants, then all the costs and expenses shall be paid by the party or parties owning the lands or claims affected by such right of way, and who appeared and resisted the claim of the applicants thereto.
SEC. 14. This act to be in force and take effect from and after its passage: Provided, That this bill shall not apply to the counties of Boisé, Idaho, Nez Percé, and Shoshone.
AN ACT to encourage agriculture and manufactures, and to provide a right of way for canals, water ditches, etc. (Approved January 12, 1877; Sess. Laws, 1876-77, p. 54.)
SECTION 1. Any person or persons who shall own or occupy lands in this territory shall have the right of way across the lands of any other person or persons for the purpose of conveying water by ditches or flumes on his or their lands for agricultural, mining, milling, or manufacturing purposes, by complying with the provisions of this act.
SEC. 2. The person or persons desiring the right of way across the lands of any other person or persons shall pay to such person or persons owning or occupying such lands such compensation therefor as may be mutually agreed upon by the parties interested, and in case the parties cannot agree, each party shall appoint one arbitrator, and in case either party shall neglect or refuse to appoint an arbitrator for the period of three days after written notice has been served on the party so refusing, requiring him or them to make such appointment, then it shall be lawful and shall be the duty of the district court of the county wherein the right of way is claimed, or the judge thereof, to appoint one arbitrator for the party so refusing, and the two arbitrators appointed as aforesaid shall select a third arbitrator. The arbitrators so appointed and selected shall appraise the value of the lands to be used for such canal, or for such ditching or fluming purposes, and shall hear and determine all questions of damages arising from the taking and use thereof, and assess the sum or amount to be paid for the said right of way. Before proceeding to appraise said lands or determine the damages for the taking thereof, the said arbitrators shall make and subscribe an oath that they will faithfully and honestly perform the duties of their appointment. After performing their duties. aforesaid, the said arbitrators shall make their report to the district court of the said county, and the same shall be confirmed or set aside for cause shown, and if set aside, new arbitrators shall be appointed in the same manner as is hereinbefore prescribed, who shall proceed in like manner; and as soon as any award under the provisions of this act shall be affirmed by said district court, it shall have the effect of a judgment, and execution or any other process necessary to enforce the same may be issued by said court or by the clerk thereof. The report of the arbitrators aforesaid to the district court shall be in writing, and shall designate the line, course, and direction of the proposed canal, ditch, or flume for which a right of way is claimed.
SEC. 3. Upon payment of the damages assessed or awarded as aforesaid to the person or persons entitled thereto, the person or persons awarded the right of way may construct the canal, ditch, or flume authorized by the said award. SEC. 4. All persons availing themselves of the benefits of this act shall construct and keep in good repair a sufficient number of good and substantial bridges and causeways wherever any public roads or highways may cross the canals, ditches, or flumes aforesaid. Any such person or persons failing to do so shall be guilty of a misdemeanor, and shall be liable in a civil action for all damages which may accrue to any person on account thereof.
SEC. 5. The arbitrators appointed and acting under the provisions of this act shall each receive three dollars for each day's service rendered under this act, and the clerk of the district court shall receive such compensation as is allowed for similar services in other cases, all of which shall be paid by the party applying for the right of way: Provided, That nothing in this act shall apply to any mining locality.
SEC. 6. All acts and parts of acts in conflict with this act are hereby repealed.
AN ACT relating to the recording of quartz-claims in Owyhee and Alturas counties, and fixing the fees thereof. (Approved January 15, 1875; Sess. Laws, 1876-77, p. 108.)
SECTION 1. The county recorders of Owyhee and Alturas counties shall be allowed to charge the fees now allowed by law for recording quartz-claims: Provided, That when any quartz-claim exceeds in length six hundred feet he shall not be allowed to charge more than five dollars therefor.
SEC. 2. This act to be in force from and after its passage.
NOTE.-This act was repealed by "An act relating to the location and recording of mining-claims", approved February 10, 1881 (Gen. Laws, 1880-'81, p. 262).
AN ACT supplemental to and amendatory of an act entitled "An act relating to the discovery of gold and silver bearing quartz-lodes, and of the manner of their location". (Approved January 4, 1877; Sess. Laws, 1876-77, p. 20.)
SECTION 1. That an act entitled "An act relating to the discovery of gold and silver bearing quartz-lodes, and of the manner of their location", approved January the 12, A. D. 1875, be, and the same is hereby, amended by adding the following supplementary sections:
"SEC. 15. In mining districts distant thirty miles or more from the county-seat of the county in which such district is or may be situated, it shall be lawful for the county recorder to appoint, and he is hereby required on the application of five adult male citizens of such district to appoint, a resident deputy recorder, whose duties shall be as follows: To receive for record all notices of the location of quartz-claims, and enter the same in a book kept by him in said district for that purpose. That said deputy recorder is hereby authorized to administer the oath
required by law to be taken by the person or persons for whom such record shall be made, and enter a copy of the same on his book of records.
"SEC. 16. That said deputy recorder shall, at least once in six months, transmit to the county recorder a certified copy or transcript of all mining records made by him (not previously transmitted), and shall also transmit the original notices from which such records were made, and it shall be lawful for such deputy recorder to retain for his own use and benefit one-half the fees now allowed by law to county recorders for recording mining-claims, paying over the remaining half to the county recorder.
"SEC. 17. It shall be the duty of the county recorder, when such transcript shall have been received by him, to enter the same in the proper book of records for mining-claims, and place on file the original notices, as well as the transcript of the record forwarded by the deputy recorder.
"SEC. 18. The deputy recorders provided for in this act shall not by virtue of this act be authorized to perform any other than the special duties herein provided for."
SEC. 2. All laws in conflict with the provisions of this act are hereby repealed.
SEC. 3. This act shall take effect and be in force from aud after its passage.
NOTE.-The act which is hereby amended was not continued in force by the revised laws of Idaho, 1874-75. This act was repealed by "An act relating to the location and recording of mining-claims”, approved February 10, 1881 (Gen. Laws, 1880-'81, p. 262).
AN ACT relating to the discovery of gold and silver quartz-lodes in Lemhi county, and the manner of their location. (Approved January 9, 1877; Sess. Laws, 1876-77, p. 75.)
SECTION 1. That any person or persons who may hereafter discover any quartz lead or lode within the boundary of Lemhi county, in this territory, shall locate and represent the same in accordance with the act of Congress entitled "An act to promote the development of the mineral resources of the United States", approved May 10th, 1872.
SEC. 2. All quartz-claims hereafter located in the county of Lemhi shall be recorded in the recorder's office of said county, by filing with the recorder a copy of the notice placed on the lead or lode, or a similar notice, within ten days after the location of such lead or lode, and the recorder shall record the same in a book kept for that purpose, called "the book of quartz-claims", to which there shall be full and complete duplicate index kept by the recorder, and the recorder shall be entitled to receive a fee of twenty-five cents for filing each notice, one dollar for each claim recorded, and twenty-five cents for indorsing each name in the notice recorded: Provided, That if said lead or lode be more than thirty miles from the county seat of said county, then the time for recording the same may extend to twenty days; and all persons recording any claims shall take an oath that said claim has not heretofore been located according to law, or, if so located, the said claim has been abandoned or forfeited by non-fulfillment of the requirements of law; and the county recorder, or any justice of the peace, or any other officer of the county by law authorized, may administer said oath, which shall be recorded with the notice of location: Provided, That when two or more persons may join in the location of a claim, the oath of one of the locators shall be sufficient.
SEC. 3. Any person or persons who may desire to run a tunnel into any hill or mountain for the purpose of discovering or working mineral-bearing-quartz leads or lodes shall be entitled to hold three hundred feet square at the entrance of said tunnel for building, dumping, or other necessary purposes: Provided, That nothing in this act shall be so construed as to invalidate the vested rights of other persons.
SEC. 4. The manner of locating tunnels shall be by a notice at the entrance of the tunnel, describing the line of the tunnel and of the dumping-ground, which notice shall be signed by all parties interested, and a similar notice shall be recorded in the office of the county recorder, and the recorder shall receive a fee of two dollars for recording said notice.
SEC. 5. Any person or persons who shall willfully and maliciously tear down or destroy any notice posted on quartz-claims or tunnels, or tear up or destroy any stake, tree, or monument marking quartz-claims or tunnels, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be fined in any sum not less than twenty-five dollars and not exceeding one hundred dollars, and by not less than thirty days' imprisonment and not more than six months in the county jail, or by both such fine and imprisonment; and all justices of the peace in said Lemhi county shall have jurisdiction of such offenses.
SEC. 6. All quartz-claims located in Lemhi county subsequent to the tenth day of May, 1872, in accordance with the mineral laws of the United States, are hereby exempted from the provisions of all the laws regulating the discovery, location, and representation of quartz-claims in this territory.
SEC. 7. An act entitled "An act relating to the discovery of gold and silver quartz-lodes, and the manner of their location", approved January 12th, 1866, so far as its provisions apply to Lemhi county, be, and the same is hereby, repealed.
SEC. 8. This act shall take effect and be in force from and after its passage.
NOTE.-This act was repealed by "An act relating to the location and recording of mining-claims", approved February 10, 1881 (Gen. Laws, 1880-'81, p. 262).