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SEC. 3. All foreign incorporations now doing business within this territory shall, within four months from and after the publication of this act in the newspaper having the contract to do the public printing in this territory, file in the office of the secretary and in the office of the county recorder of the county wherein they are, respectively, doing business, the statement and certificate required to be filed by the first section of this act. If any such corporation shall fail, for more than four months from the said publication hereof, so to file said statements and certificates, or any or either thereof, or if any foreign incorporation shall hereafter attempt or commence to do business in this territory without having first filed said statements and certificates required by this act, [it] shall forfeit to the people of Montana the sum of ten dollars for every day it shall so neglect to file the same, and all acts and contracts made by such incorporation, or any agent or agents thereof, during the time it shall so fail and neglect to file said statement and certificates, shall be void and invalid as to such incorporation. It shall be the duty of the district attorney of the county in which the business of such corporation shall be located to sue for and recover, in the name of the people of the territory, the penalty above provided, and the same, wlien so recovered, shall be paid into the treasury of such county, for the use of the common schools therein.
SEC. 4. Every such incorporation shall, annually, and within twenty days from the first day of Septeinber of each year, make a report, which shall be in the same form and contain the same information as required in the statement mentioned in the first section of this act, which report shall be filed in the office of the county recorder of the county wherein the business of said corporation is carried on, and a duplicate thereof in the office of the secretary of the territory.
SEC. 5. That sections forty-six and forty-seren of Chapter XVIII of an act entitled "An act revising, re-enacting, and codifying the general and permanent laws of Montana territory", approved January 12, 1872, and all acts and parts of acts in conflict herewith, be, and the same are hereby, repealed.
SEC. 6. This act shall take effect and be in force from and after its passage.
GENERAL LAWS, 1881.
AN ACT to amend the Code of Civil Procedure. (Approved February 2:1, 1881 ; Sess. Laws, 1881, p. 8.) SECTION 8. That there be added to Chapter III of Title IX of said code the following additional section, to wit:
"SEC. 363 A. Whenever any person shall have any right to, or interest in, avy lead, lode, or mining-claim which is in the possession of another person, and it shall be necessary, for the ascertainment, enforcement, or protection of such right or interest, that an inspection, examination, or survey of such mine, lode, or mining-claim should be had or made, or whenever any inspection, examination, or survey of any such lode or mining.claim shall be necessary to proteot, ascertain, or enforce the right or interest of any person in another mine, lead, lode, or mining.claim, and the person in possession of the same shall refuse, for a period of three days after demand therefor in writing, to allow such inspection, examination, or survey to be had or made, the party so desiring the same may present to the district court, or a judge thereof, of the county wherein the mine, lead, lude, or mining-claim is situated, a petition, under oath, setting out his interest in the premises, describing the same, that the premises are in the possession of a party, naming him, the reason why such examination, inspection, or survey is necessary, the demand made on the person in possession so to permit such examination, inspection, or survey, and his refusal so to do. The court or judge shall thereupon appoint a time and place for hearing such petition, and shall order notice thereof to be served upon the adverse party, which notice shall be served at least one day before the day of hearing. Ou the learing either party may read affidavits, and if the court or judge is satisfied that the facts stated in the petition are true, lie shall make an order for an inspection, examination, or survey of the lode or mining.claim in question, in such manner, at such time, and by such persons as are mentioned in the order. Such persons shall thereupon hare free access to such mine, lead, lode, or mining-claim for the purpose of making such inspection, examination, or survey, and any interference with such persons while acting under such order shall be a contempt of court. If the order of the court is made while an action is pending between the parties to the order, the costs of obtaining the order shall abide the result of the action, but all costs of making such examination or survey shall be paid by the petitioner"
AN ACT concerning property subject to taxation. (Approved February 22, 1831; Sess. Laws, 1881, 1. 67.) SECTION 1. That section 1003, Chapter LIII, of the fifth division of Revised Statutes shall be amended so as to read as follows:
“SEC. 1003. All other property, real or personal, within the territory is subject to taxation in the manner herein directed, and this is intended to embrace
ditches and flumes,
money in coin or gold dust, whether in possession or on deposit,
stocks or shares in any bank or company, incorporated or otherwise, and whether incorporated by this or any other territory or state, or whether situated in the territory or not, except that where the entire capital stock of any incorporated company shall be invested in assessable property in the territory of Montana, such stock shall not be taxed”.
COMPILED LAWS OF 1861-1873.
AN ACT cmpowering corporations and associations for mining to suo individual members. (Approved December 19, 1862, vol. 1, p. 32.)
SECTION 1. Corporations and associations and companies formed for mining purposes are hereby authorized, in their corporate or associated name, to institute suits against any one or more of their members who may be delinquent in the payment of their assessments.
SEC. 2. Before such suit is brought, before any court having jurisdiction of the amount, such delinquent, and the amount lie may owe, and the intention to institute suit thereon shall be advertised in a newspaper published in the county where the mining-claim is located, and if no newspaper be published in such county, then in a newspaper published in the nearest adjoining county, for at least once a week for one month before such suit is instituted.
SEC. 3. It shall be proved on the trial of such suit that the trustees or managing agents of said corporation or association or company were fully authorized to institute such suit by a majority of the members of said corporation or association or company.
Sec. 4. The members of such corporation, association, or company shall be competent witnesses to establish the assessment and indebtedness of the delinquent member.
SEC. 5. This act shall apply only to such corporations, associations, and companies who are actually engaged in mining, and for delinquency in assessments for mining.
AN ACT for the encouragement of mining. (Approved March 7, 1865, vol. 1, p. 33.) SECTION 1. When three or more persons, owning or claiming, as joint tenants, tevants in common, or coparceners, a majority of the number of feet, shares, or interests in any mining-claim in this state, shall have formed, or shall hereafter form, themselves into a corporatioa or organized association for the purpose of working and developing such miving claim, and shall actually proceed to work and develop the same, such corporation or association may, without demand, except by commencement of action, institute, in any court of competent jurisdiction, suit in its corporate or associate name, as upon an implied contract for the payment of money, against any person not a stockholder in or member of such corporation or association, owning or claiming to own the said mining.claim as joint tenant, tenant in common, or coparcener, for his or her proportion of the money actually expended or indebtedness assumed by such corporation or association in the actual and necessary working and developinent of said mining.claim.
SEC. 2. The proportion of money expended or indebtedness assumed by such corporation or association, and for the payment of which such joint tenant, tenant in common, or coparcener is made liable under the provisions of this act, shall be deemed such an amount of money or indebtedness as bears the same proportion to the whole amount of money expended or indebtedness assumed as the interest in the mining.claim owned or claimed by such joint tenant, tenant in common, or coparcener bears to the whole of the mining.claim.
SEC. 3. Any number of such joint tenants, tenants in common, or coparceners may be joined as parties defendant in any suit instituted under the provisions of this act; but each defendant shall be entitled to plead separately, and when the cause shall be tried by jury, as many of the separate issues of fact as may be agreed upon by the parties may be determined by the same jury. Judgment shall be rendered for or against each defendant separately, and the costs of suit may be apportioned among the several parties defendant against whom judgment may be rendered in such manner as to the court may appear just and equitable: Provided, That in all cases the defendant, prior to the institution of suit under the provisions of this act, shall be entitled to three weeks' notice of the intention of such corporation or association to institute such suit, which notice may be either personally or by publication in some newspaper published in the county within which such mining-claim is located, and if none be published in said county, then in the nearest adjoining county.
Sec. 4. The summons shall specify, first, the amount of money actually expended or indebtedness assumed by such corporation or association in the actual and necessary working and development of said mining claim; and, second, the amount due from each joint tenant, tenant in common, or coparcener as his or her proportion of such money or indebtedness.
SEC. 5. All suits instituted under the provisions of this act shall be brought in the county within which the inining.claim may be located; and where the defendant is a non-resident of the county within which suit is brought, but a resident of the state, service of summons may be had personally, as in other cases, or by publication in the same manner as provided by law for service of summons by publication where the defendant is a non-resident of the state and a resident of the state of California; and all of the provisions of law regulating proceedings in other civil cases shall, so far as the same are applicable, apply to suits instituted under this act.
SEC. 6. The amount of money expended or indebtedness assumed by such corporation or association as the proportion due from such joint tenant, tenant in common, or coparcener, for the actual and necessary working and development of said mining-claim, shall be a lien in favor of such corporation or association upon the interest of euch joint tenant, tenant in common, or coparcener in such mining.claim from the time such money was expended or indebtedness assumed by such corporation or association; which lien shall bind such interest from the time of such payment or assumption as against any subsequent purchaser, mortgagee, or other person acquiring a lien upon, or title to, or interest in the same. Suit may be instituted against the person owning or claiming such interest at the time of the commencement of the action for the recovery of the whole amount due upon such interest; and all judgments rendered in any action instituted under the provisions of this act, and any execution issned thereon, shall bind and run against such interest, and no other property of the defendant shall be subject to execution on said judgment.
SEC. 7. All sales of any interest in a mining.claim under an execution issued on a judgment obtained in any suit instituted under the provisions of this act shall be absolute, and the purchaser shall be entitled to the immediate possession of the interest purchased by him at such sale.
SEC. 8. An act entitled "An act for the encouragement of mining", passed by the legislative assembly of the territory of Nevada, approved February twentieth (20th), eighteen hundred and sixty-four (1864), is bereby repealed, and all rights of action accrued under said act shall be commenced and prosecuted under the provisions of this act: Prorided, That such repeal shall not in any manner affect any action already commenced under said act, but all such actions shall be prosecuted thereunder the same as though said act was not hereby repealed.
AN ACT to amend an act of the legislative assembly of the territory of Nevada, entitled “An act for the encouragement of mining",
approved February twentieth, eighteen hundred and sixty-four (Sess. Laws, 1864, p. 53). (Approved March 9, 1865; Sess. Laws, 1865, p. 135.)
SECTION 5. This act shall apply to all corporations or associations actually engaged in mining in this state, whether formed under the laws of any other state, country, or territory, or having their principal place of business out of this state, or whose trustees, managing agents, or directors, or a majority thereof, reside out of the state.
NOTE.—The act wbich this amends was repealed by act of March 7, 1-65 (Comp. Laws, vol. 1, p. 352.
AN ACT to provide for the condemnation of real estate and other property required for mining purposes. (Approred March 3, 1866;
Comp. Laws, vol. 1, p. 42.) SECTION 1. Whenever any real estate or other property in this state is or becomes necessary for the convenient and successful working of a mining-clain, and the person or persons owning or possessed of the same refuse to sell or convey the same to any person, mining company, or corporation needing the same for mining purposes at sich valuation or price as such person, company, or corporation may deem reasonable and just, said person, mining company, or corporation shall select one appraiser, and said owner or owners shall select one: Provided, That if the owner or owners of such property as aforesaid shall refuse or fail to appoint or select an appraiser, as provided for in this section, it shall be the duty of the district court to appoint such appraiser, and the two so selected shall select a third, and the three shall appraise the real estate or property sought to be appropriated, after having been first sworn, before some officer entitled to administer oaths, to make a true appraisement thereof to the best of their knowledge and ability. Within five days after the report of said appraisers, notice of which shall be given to both parties, the person or persons owning the property shall deliver to the person, company, or corporation requiring said property a good and sufficient deed or conveyance of the premises, upon the payment of the amount named in the report of the appraisers; and upon such person or persons failing so to do, it shall be lawful for the person, company, or corporation requiring said property as aforesaid to petition the district court of the judicial district within which said real estate or other property is situated for a condemnation and sale of the same to such person, mining company, or corporation.
NOTE.—See act to encourage the mining, milling, smelting, or other reduction of ores in the state of Nevada, approved March 1, 1875, which superseded this act.
SEC. 2. Said petition shall set forth, amongst other things, that said real estate or property, particularly describing the same, is needed by said person, mining company, or corporation for the convenient and successful working of his, or their, or its mining-claim or ground, owned or possessed by said person, company, or corporation, or for the erection of buildings, roads, or works, to be used in working the same, the fair valuation of such real estate or other property so needed and sought to be condemned; that petitioner las tendered the amount of its value to the defendant or defendants, their agents, or other legal representatives before the commencement of the action, or caused it to be done; that the defendant or defendants, their agents, or legal representatives have refaseri to accept the sum so tendered ; and shall conclude with a prayer that the defendant or defendants be summoned to appear in the action, and show cause, if any can be shown, why the said property should not be by the court condemned, and he or they, said defendants, be compelled to convey and deliver a deed of the same to said petitioner or petitioners.
SEC. 3. At the time of the commencement of the action the petitioner or petitioners shall pay, or cause to be paid, to the clerk of the district court the sum or amount of money so tendered to the defendant or defendants before the commencement of the action, and the same shall remain in the custody of the clerk for and on behalf of the defendant or defendants in said action, and subject to his or their acceptance until the said cause is tried and determined.
SEC. 4. Upon the trial of the cause either party shall be entitled, if demanded, to a trial by jury, as in civil cases at law, and upon the trial it shall be made satisfactorily to appear that said real estate or other property is necessary for the convenient and successful working of the mining-claim or ground mentioned in the petition, in order to entitle the plaintiff or plaintiffs in said action to recover; and, if said fact satisfactorily appear from the evidence, said court (if the same is tried without the intervention of a jury), or the jury before whom said cause is tried, shall proceed in the same action to assess and determine the value of said real estate or other property at the time of the institution of said action; and upon the payment of said sum or amount of money by the petitioner to the defendant or defendants in said action, or to the clerk of said court, for his or their use, said petitioner or petitioners shall be entitled to have and recover a judgment and decree of said court in its, his, or their favor, condemning said real estate or other property to his, its, or their own sole use and possession, and shall direct and decree that the defendant or defendants, or in their stead a commissioner (to be appointed for such purpose by the court), proceed to make, execute, acknowledge, and deliver to the plaintiff or plaintiffs in said action a deed or conveyance thereof.
SEC. 5. Costs in said action, except the costs of making, executing, and delivering the deed of conveyance, shall abide the event of the suit, as in other cases: Provided, howerer, That in case the value of the land or other property so condemned shall not exceed the sum shown to have been originally tendered therefor, the defendant or defendants shall be liable for the costs of said action.
SEC. 6. The practice in actions brought under this act shall be governed by the same rules as other civil actions at law, except as is otherwise provided in this act.
AN ACT to provide for the conveyance of mining.claims. (Approved December 12, 1862; Comp. Laws, vol. 1, p. 96.) SECTION 1. Conveyance of mining-claims shall hereafter require the same formalities and be subject to the same rules of construction as the transfers and conveyances of other real estate.
SEC. 2. All conveyances of mining.claims heretofore made by bills of sale or other instruments in writing, with or without seals, recorded or unrecorded, shall be construed in accordance with the lawful local rules, regulations, and customs of the miners in the several inining districts of this territory, and, if heretofore regarded valid and binding in such districts, shall have the same force and effect between the parties thereto, as prima-facie evidence of sale, as if such conveyances had been made by deed under seal.
SEC. 3. The location and transfers of mining-claims heretofore made shall be established and proved in cou testation before courts by the local rules, regulations, or customs of the miners in the sereral mining districts of the territory in which such location and transfers were made.
AN ACT concerning records now in the custody of county recorders of this state. (Approved February 20, 1873; Sess. Laws, 1873, p.
63: Comp. Laws, vol. 1, p. 102.) SECTION 1. All instruments of writing relating to mining-claims now copied into books of mining or other records now in the office of the county recorders of the several counties of this state shall, after the passage of this act, be deemed to impart to subsequent purchasers and incumbrancers, and all other persons whomsoever, notice of the contents thereof: Prorided, That nothing herein contained shall be construed to affect any rights heretofore acquired or vested.
SEC. 2. Copies of the records of all such instruments mentioned in section one of this act, duly certified by the recorder in whose custody such records are, may be read in evidence under the same circumstances and rules as are now or may hereafter be provided by law for using copies of instruments relating to mining-claims or real estate, duly executed or acknowledged, or proved and recorded.
AN ACT concerning conveyances of miving locations and claims by minors. (Approved Febrnary 27, 1869 ; Sess. Laws, 1869, p. 96;
('omp. Laws, vol. 1. p. 101.) SECTION 1. In all cases in this state, since the first day of July, A. D. eighteen hundred and sixty-seven, where minors over the age of eighteen years have sold interests acquired by them in mining-claims or locations by virtue of their haring located such claims, or having been located therein by others, and have executed deeds purporting to convey sach interests, such deeds, if otherwise sufficient in law, shall be held valid and sufficient to convey such interest fully and completely, notwithstanding the minority of the grantor, and without any power or right of subsequent revocation: Prorided, That this section shall not apply to cases where any fraud was practiced upon Buch minor, or any undue or improper advantage was taken by his purchaser or any other person to induce such minor to execute such deed: And provided further, That this section shall not apply to or affect any suits which may now be pending in any courts of this state in which the legality or validity of such deeds may be involved.
SEC. 2. All minors in this state over the age of eighteen years are hereby authorized and empowered to sell and convey by deed such interests as they may have acquired, or may hereafter acquire, in mining.claims or mining locations within this state, by virtue of locating the same, or being located therein, and such deed shall, if otherwise sufficient in law, be held valid and sufficient to convey such interest fully and completely, and without the right of subsequent revocation, notwithstanding the minority of the grantor, subject, however, to the same provisions and limitations contained in the first section of this act.
AN ACT defining the time of commencing civil actions. (Approved November 21, 1861; Sess. Laws, 1861, p. 26; Comp. Laws, vol 1, p. 243.)
SECTION 4. No action for the recovery of mining.claims or for the recovery of the possession thereof shall be maintained unless it appear that the plaintiff or those through or from whom he claims were seized or possessed of such mining-claim or were the owners thereof, according to the laws and customs of the district embracing the same, within two years before the commencement of such action. Occupation and adverse possession of a mining. claim shall consist in holding and working the same in the usual and customary mode of holding and working similar claims in the vicinity thereof. All the provisions of this act which apply to other real estate, so far as applicable, shall be deemed to include and apply to'mining-claims: Provided, That in such application "two years shall be held to be the period intended whenever the term “five years” is used: And provided further, That when the terms "legal title" or "title" are used, they shall be held to include title acquired by location or occupation, according to the usages, laws, and customs of the district embracing the claim.
AN ACT concerning the determination of conlicting rights to mining-claims in certain cases. (Approved February 10, 1873; Sess. Laws,
1873, p. 50 ; Comp. Laws, vol. 1, p. 452.) SECTION 1. Iu all actions brought to determine the right of possession of a mining-claim or metalliferous vein or lode, where an application has been made to the proper officers of the government of the United States by either of the parties to such action for a patent for said mining-claim, vein, or lode, it shall only be necessary, to conser jurisdiction on the court to try said action and render a proper judgment therein, that it appear that an application for a patent for such mining-claim, vein, or lode has been made, and that the parties to said action are claiming such mining-claim, vein, or lodo, or some part thereof, or the right of possession thereof.
CHAP. X.-OF POSSESSORY ACTIONS.
AN ACT prescribing the mode of maintaining and defending possessory actions on public flands in the state. (Approved March 9, 1865;
Soss. Laws, 1865, p. 343; Comp. Laws, vol. 1, p. 25.) SECTION 1. Any person now legally occupying and settled upon, or who may hereafter occupy or settle upon, any of the public lands in this state for the purpose of cultivating or grazing the same may commence and maintain any action for interference with or injuries done to his or her possession of said land against any person or persons so interfering with or injuring such land or possession : Provided, That if the lands so occupied and possessed contain 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 preclude the working of such mines by any person or persons desiring so to do as fully and uureservedly as thoy might or could do had no possession or claim been made for grazing or agricultural purposes.
CHAP. XIV.-OF SECURITY FROM DANGER FROM EXCAVATIONS. AN ACT to secure persons and animals from danger arising from mining and other excavations. (Approved February 8, 1866; Seso.
Laws, 1866, p. 59; Comp. Laws, vol. 1, p. 39.) Bloo.
Sco. 109. Safeguards to be erected.
112. What uotice sball reqnire; liable to fino in addition to judg. 110. Notico of violation of preceding section may be filed; what no
ment. tice shall state.
113. Suits to be in the name of the state. 111. Upon filing notice, the justice or judge to issuo an order, etc. 114. County commissioners shall fenco abandonod ercavations; or.
peusos, how paid. (109.) SECTION 1. Any person or persons, company, or corporation who shall hereafter dig, sink, or excavate, or cause the same to be done, or being the owner or owners, or in the possession under any lease or contract, of any