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the full amount of the capital stock of such corporation, as mentioned in its certificate of incorporation, shall not have been subscribed as provided in this section: Provided, that the greater portion of said amount of capital stock shall have been subscribed: And provided further, That this section shall not be so construed as to prohibit the stockholders of any corporation formed, or which may be formed, for mining purposes, as provided in this section, from regulating the mode of making subscription to its capital stock and calling in the same by by-laws or espressed contract.
(3413.) SEC. 25. All corporations already formed, or which may hereafter be formed under this act, for mining purposes, shall be governed by the mining laws of the district where the mine is located: Provided, That the amount of money so expended in incorporating said company and the procuring of the necessary books for said corporation shall be deemed in law as so much money expended in working said claim.
(3414.) Sec. 26. When any mining incorporation, holding or working any mine or mines in this state, shall disincorporate under the provisions of this act, the board of trustees of said corporatiou shall convey by deed to the stockholders of said company all mines and other property of said corporation, in proportion to the amount of stock each stockholder shall hold in the mine or mines and other property owned by said corporation, which deed shall be recorded in the office of the county recorder of the county in which the mine is located.
(3415.) SEC. 27. An act entited "Au act to provide for the formation of corporations for certain purposes", approved December twentieth, one thousand eight hundred and sixty-two, also an act amendatory of and supplementary to au act entitled “An act to provide for the formation of corporations for certain purposes”, approved December twentieth, one thousand eight hundred and sixty-two, approved February vineteenth, one thousand eight hunne and sixty-four, are hereby repealed.
(3416.) Sec. 28. Corporations formed under the provisions of this act for mining, milling, orore-reduction purposes may subscribe to and become stockholders in any corporation, company, or association now formed, or which may hereafter be formed, for the purpose of constructing any tunnel, shaft, or other work which may be calenlateil to aid or facilitate the exploration, development, or working of any mine or mining ground in this state; and any corporation so becoming a stockholder therein shall, in proportion to its interest, be subject to all the liabilities and entitled to all the rights and privileges of an individual stockholder.
NOTE.-Act of February 1 (Stats., 1867, p. 44).
NOTE.—This act is amended by act approved February 17, 1873 (Stats., 1875, p. te). The aiuendatory act was also amended by act approved February 11, 1881 (Sess. Laws, 1881, p. 34).
AN ACT concerning corporations. (Approred March 11, 1845; Sees. Laws, 1965, p. 328; C'omp. Lars, vol. 2, 21.) (3417.) SECTION 1. All associations or companics heretofore organized and acting in the form and manner of corporations, and that have filed certificates for the purpose of being incorporated in the office of the county clerk in which the principal place of business of the company is intended to be located, and a certified copy of the same in the office of the secretary of state, but whose certificates are in some mamer detective, or have been improperly acknowledged, or have been ackuowlelgerl before a person not authorized by law to take such acknowledgments, or where a couveyance has beeu made to the persons named in the certificate of incorporatiou as trustees, prior to the filing of the certificate of incorporation as above stated, are hereby declared to be and to bare been a corporation from the date of filing of such certificates in the same manner and with like effect and intent is if such certificates were without fault and properly acknowledged before au otticer having authority to take such acknowledgments, and such conveyances or deeds shall be held and construed to conrey to the corporations, respectively, the title and estate mentioned therein for the uses and purposes in such coureyauces or deeds as expressed therein.
(3418.) SEC. ... Nothing herein contained shall be held or construed so as to impair any rights which hare heretofore bern acquired by or vested in any person or persons whatsoever.
CHAP. CXV.-OF EXTENDING THE PROVISIONS OF THE GENERAL INCORPORATION ACT TO CORPORATIONS
CREATED PRIOR TO ITS PASSAGE; CONFIRMATION OF PROCEEDINGS FOR DISINCORPORATING AND IN INCREASING CAPITAL STOCK AND PURCHASE OF MINING PROPERTY.
3419. Preamble; act to apply to corporations formed prior to its 3421. Power of corporations to purchase and hold mining propesty. passage.
3422. Horr exercised. 3420. Orders, decrees, etc., made prior to March tenth, eighteen hundred and sixty-five, ratified.
. AN ACT to extend the provisions of an act entitled “Au act to provide for the formation of corporations for certain purposes", approved
March tenth, cighteen hundred and sixty-five, to corporations created prior to that time, and to confirm proceedings taken for the purpose of disincorporating corporations, and for the purpose of increasing the capital stock of corporations. (Approred Jannary 10, 1806.)
Whereas it is doubtful whether certain sections of the act referred to above apply to corporations created and formed prior to the passage of said act: Therefore, The people of the State of Nevada, represented in senate and assembly, do enact as follows:
(3419.) SECTION 1. The act entitled "An act to provide for the formation of corporations for certain purposes", approved March tenth, eighteen hundred and sixty-five, and each section and provision thereof, shall apply to all corporations created or formed or doing business in this state, or the late territory of Nevada, prior to the passage of said act, and shall constitute the rule for the government and management of the affairs and business of such corporations.
(3420.) SEC. 2. All orders or decrees made by any court or judge in this state since March the tenth, ono thousand eight hundred and sixty-five, disincorporating or dissolving any corporation created or formed or doing business in this state, or the late territory of Nevada, prior to said date, and all certificates of the proceedings of stockholders' meetings of such corporations, held for the purpose of increasing or diminishing the amount of the capital stock of the same, are hereby ratified, confirmed, and made valid; and all orders made as aforesaid, and all proceedings had and taken in pursuance to and by virtue thereof, are hereby ratified and made valid, and all the certificates aforesaid having for their object the increase or diminution of the capital stock of such corporations, and filed as provided in section two of said act of March tenth, are made valid, and from the time of the filing thereof the capital stock of the corporation named in any such certificate shall be deemed increased or diminished as therein provided, and all proceedings subsequently bad and done under, in pursuance to, and haviog reference to said certificate and the laws applying thereto shall be valid and effectual for all purposes.
AN ACT concerning the powers of corporations. (Approved March 3, 1866; Stats., 1866, p. 204; Comp. Laws, vol. 2, p. 283.)
(3421.) SECTION 1. All corporations for the purpose of mining, formed, or which may be hereafter formed, under the laws of the state of Nevada, or which were formed under the laws of the territory of Nevada, shall have power to purchase and hold such mining property as they may deem meet.
(3422.) SEC. 2. The power to make such purchases by any corporation shall be exercised only by a majority in interest of all the stockholders in any such corporation, or by such person or persons as may, by such majority, be duly appointed to act in their stead.
CHAP. CXVI.—OF THE PROOF OF THE EXISTENCE AND CORPORATE NAME OF FOREIGN CORPORATIONS.
3423. Foreigu corporations required to file copy of certificate. 3424. Carrying on business without filing deemed misdemeanor;
penalty. AN ACT to require foreigu corporations to furnish evidence of their incorporation and corporate name. (Approved March 3, 1869; Sess.
Laws, 1869, p. 115; Comp. Laws, vol. 2, p. 283.) (3423.) SECTION 1. Every incorporated company or association created aud existing under the laws of any other state, or of any foreign government, shall file in the office of the county recorder of each county of this state wherein sach corporation is engaged in carrying on business of any character, a properly-authenticated copy of their certificate of incorporation, or of the act or law by which such corporation was created, with a proper certificate of the officers of the corporations as to the genuineness of the same, and to each of such certificates shall be appended a duly-certified list of the officers of such corporation.
(3424.) SEC. 2. Any person or persons who shall act as the managing agent or superintendent of any such corporation, in conducting or carrying on any business of such corporation in any of the counties of this state without any such certificate having been filed as required, as provided in section one herein, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined not exceeiling five hundred dollars, to which may be added imprisonment not exceeding six months.
NOTE.-This act is amended by act approved January 30, 1877 (sess. Lairs, 1877, p. 57).
CHAP. CXLVII.—OF THE DIVERSION OF WATER, AND RIGHT OF WAY THROUGH THE LANDS OF OTHERS.
3662. Manner of constructing and maintaining a ditch or flume. 3854. Act not to interfere with prior riglit. 3853. Right conferred to enter and appropriate private lands; 3875. Act to apply to ditches and fames already constructed.
compensation, how male; duty of appraisers; tender to be
made; proviso; appeal. AN ACT to allow any person or persons to divert the waters of any river or stream, and run the same through any ditch or flume, and to
provide for the right of way through the lands of others. (Approved March 3, 1866; Sess. Laws, 1866, p. 202; Comp. Laws, rol. 2, p. 415.)
(3852.) SECTION 1. Any persou or persous desiring to construct and maintain a ditch or flume within any one or more of the connties of this state shall make, sigo, and acknowledge, before some officer entitled to take acknowledgments of deeds, a certificate, specifying: First, the name by which the ditch or flume shall be known; and, second, the names of the places which shall constitute the termini of said ditch or flume. Such certificate shall be accompanied with a plat of the proposed ditch or flume, and shall be recorded in the office of the county recorder of the county or counties within or through which such ditch or flume is proposed to be located; and the record of such certificate and plat shall give constructive notice to all persons of the matters therein contained. The work of constructing such ditch or flume shall be commenced within thirty days of the time of making the certificate above mentioned, and shall be continued with all reasonable dispatch until completed.
(3853.) SEC. 2. Any persou or persons proposing to construct a ditch or flume under the provisions of this act shall have the right to enter upon private lands for the purpose of examining and surveying the same; and wliere such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of said ditch or flume may be appropriated by said person or persons, after making compensation therefor, as follows: Said person or persous shall select one appraiser, and said owner or owners shall select one, and the two so selected shall select a third. In case the owner or owners shall from any cause fail, for the period of five days, to select an appraiser as hereinbefore provided, then it shall be the duty of the appraiser selected by the person or persons proposing to construct said ditch or flume to select a second appraiser, and the two so selected shall select a third, and in either case the three selected shall, within five days after their selection, ineet and appraise the lands sought to be appropriated, after having been first duly sworn by some officer entitled to administer oaths to make a true appraisement thereof, according to the best of their knowledge and ability. If such person or persons shall tender to such owner or owners the appraised value of such land, they shall be entitled to proceed in the construction of the ditch or flumc orer the lands so appraiseil, not withstanding such tender may be refused : Provided, That such tender shall always be kept good by snch person or persons: And provided further, That an appeal may be taken by either party from the findings of the appraisers to the district court of the district within which the lands so appraised shall be situated, at any time within ten days after such appraisement.
NOTE.- As amendeil March 5 (Stats., 1869, p. 129).
(3854.) SEC. 3. Nothing in this act coutained shall be so construed as to interfere with any prior or existing claim or right.
(3855.) SEC. 4. This act shall apply, and the rights and privileges herein conferred shall inure, to the benefit of all persons or corporations who have heretofore constructed and now maintain, ditches, flumes, or aqueducts in this state, from whatever source they may have procured water, such persons or corporations being required to make and file the certificate mentioned in section one of this act, and upon such filing the party or parties filing the same shall be authorized, from time to time, to extend his or their ditch or flume, and proceed to condemn private property for such ditch or flume, or for any reservoir or reservoirs connected or to be used in connection with such ditch or flume, as provided in section two of this act.
CHAP. CLVIII.—OF THE BUSINESS OF ASSAYING.–REGULATIONS OF ASSAYING.
AN ACT to regulate the business of assaying within the state of Nevada. (Approved February 13, 1807; Seas. Laws, 1867, p. 57; Comp.
Laws, vol. 2, p. 468.) (4032.) SECTION 1. Every person or firm now engaged in, or who may hereafter engage in, the business of assaying within the state of Nevada, shall make and file, at the end of each and every mouth, with the county clerk of the county where such business is pursued, a sworn return, subscribed with the name and verified by the oath of the person having the charge and control of such business; which return shall set forth the name and place of residence of every person within such month depositing or selling bullion or amalgam for melting, retortiuz, refining, or assaying, together with the date of the deposit, the amount then depositell, the name of the mine and mill, blanket, sluice, or other source from which the same was obtained.
(4033.) SEC. 2. Every person or firin, within the state of Nevada, engaged in or carrying on the business mentioneel in the first section of this act, who shall neglect or refuse to comply with its provisions, or any of them, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine of not less than one thousand dollars and not more than five thousand dollars, and shall be imprisoned in the county jail not less than one month nor more than six months, for each and every such refusal or neglect.
AN ACT to regulato the business of assaying within the state of Nevada. (Approved March 3, 1869; Sess. Laws, 1869, p. 113.)
(4034.) SECTION 1. Erery person or firm now engaged in, or wlio may hereafter engage in, the business of assaying within the state of Nevada shall be required to place a written description, pasteil ou or stamped upon erery bar of bullion or amalgam melted, retorted, assayed, or refined by such person or firm, the name of the person or company by wbom such bullion or amalgam was deposited with or sold to such person or firm.
(4035.) SEC. 2. Every person or firm within the state of Nevada, engaged in or carrying on the business mentioned in the first section of this act, who shall neglect or refuse to comply with its provisions, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one thousand dollars and not more than five thousand dollars, and shall be imprisoned in the county jail not less than one month nor more than six months, for each and every such refusal or neglect.
CHAP. 0.-OF THE TAXATION OF THE NET PROCEEDS OF MINES.
Sec. 3245. Assessment of ores, etc.; proviso.
3251. Notice of unpaid taxes. 3246. Assessment roll of proceeds of mines; form of; assessor to 3252. Compensation of assessor; compensation of county auditor.
demand statement under oath, etc.; falso statement deemed 3253. Apportionment of compensation.
3254. Collection, how enforced. 3247. Books of company to be open to inspection of assessor; refusal 3255. Assessment and taxation of borax and soda lands; tax on net deemed misdemeanor; punishment.
proceeds. 3248. Refusal to give statement.
3256. Acts made applicable. 3249. Persons feeling aggrieved may have assessments equalized. 3257. Collection of taxes. 3250. Tax to be lien.
3258. Controllor to prepare and furnish blanks and instructions. AN ACT providing for the taxation of the net proceeds of mines. (Approved February 28, 1871; Sess. Laws, 1871, p. 87; Comp. Laws,
vol. 2, p. 224.) (3245.) SECTION 1. All ores, tailings, and mineral bearing material, of whatever character, shall be assessed for purposes of taxation, for state and county purposes, in the following manner: From the gross yield, return, or value of all ores, tailings, or mineral-bearing material, of whatever character, there shall be deducted the actual cost of extracting said ores or minerals from the mine, the actual cost of saving said tailings, the actual cost of transportation of said ores, mineral bearing material, or tailings to the place of reduction or sale, and the actual cost of such reduction or sale, and the remainder shall be deemed the net proceeds, and shall be assessed and taxed as provided for in this act: Provided, That in no case whatsoever shall the whole amount of deductions allowed to be made in this section from the gross yield, return, or value of said ore, mineral bearing material, or tailings exceed the percentage of gross yield, value, or return of such ore, minerals, or tailings, as hereinafter specified. On all ores, tailings, or mineral. bearing material, the gross yield or value of which is twelve dollars per ton or less, the whole amount of deductions shall not exceed ninety per centum of such gross yield, return, or value. On all ores, tailings, or mineral-bearing material, the gross yield, value, or return of which is over twelve and under thirty dollars per ton, the whole amount of dedactions shall not exceed eighty per centum of such gross yield, value, or return. On all ores, tailings, or mineral-bearing material, the gross yield, return, or value of which is over thirty dollars and less than one hundred dollars per ton, the whole amount of deductions shall not exceed sixty per centum of such gross yield, value, or return. On all ores, tailings, or mineral-bearing material, the gross yield, return, or value of which is one hundred dollars per ton or over, the whole amount of deductions shall not exceed fifty per centum of such gross yield, return, or value: Prorided, That an additional exemption of fifteen dollars per ton may be allowed on all ores, tailings, or minerals worked by the Freiberg process.
(3246.) SEC. 2. It shall be the duty of the several county assessors within the state to compare and completo quarterly, on or before the second Monday in February, May, August, and November in each year, a tax list or assessment roll of the proceeds of the mines, alphabetically arranged, in a book furnished them by the board of connty commissioners for that purpose, in which book shall be listed or assessed the proceeds of all mines in their respective counties, as provided in this act. The form of the assessment roll shall be substantially as follows:
Total amount of tax.
Net yield or valae in dollars and
Actual cost of reduction or sale.
Actual coat of transportation
Actual cost of extracting sampe
Gross yield or value, same in
dollars and cents.
Number of tons extracted for
Description and location
Names of owners.
Home About me lovima umer the authority or provisions of this act on the proceeds of the mines is leah we look on the more or mining claims from which ores or minerals bearing gold and silver, or either, ar * w me,In our doction, which lien shall attach on the first days of January, April, July Hund, the year commencing on those days respectively; and shall not be satisfied a met the ******* me in the mol, on the proceeds of the mines are all paid, or the title to said mines
mimi alma maloletel ponte in preluner under a sale for the taxes levied on the proceeds of such mines
In Map Themen man may at any timo Nerve a notice, which shall be in writing, sigued by him, upon Hmm, we wantemteni, mugent, foreman, or any other person haring charge or control nahin A**Hamptondooms or asociation engaged iu reducing ores taken from any mine or mining I him, and much them ********* and unpaid on account of ores or minerals extracted or taken from and more on ulom the cime of avoining stelt notice the person or firm, incorporated company, or HIGH40148 milline oli me the amount of such unpaid taxes to the extent of the ralue of the over and made then I ********** f the **** or fou, incorporated company, or association extracted or tašen frus