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Fourth. The tools and implements belonging to the debtor that may be necessary to enable him to carry on his trade or business, whether agricultural or mercantile, to be selected by him, and not to exceed twenty dollars in value.
NOTE.-Act of February 2, 1865 (Gen. Laws, p. 160).
AN ACT to amend the revenue laws of the territory (Approved January 14, 1876; Gen. Laws, 1976, p. 521.)
SECTION 1. The following property, and no other, shall be exempt from taxation under the revenue laws of the territory:
First. All property belonging to the United States.
Fourth. All public ditches and canals used for purposes of irrigation.
SEC. 2. All other property, of whatsoever description, shall be assessed and taxed as now provided by
SECTION 2. No person or persons, or their heirs or assigns, shall have or maintain any action or suit, either in law or equity, for any lands, tenements, or hereditaments, but within ten years next after his, her, or their right to commence, have, or maintain such suit shall have come, fallen, or accrued, and that all suits, either in law or equity, for the recovery of any lands, tenements, or hereditaments shall be had and sued within ten years next after the title or cause of action or suits accrued or fallen, and at no time after the ten years shall have passed: Provided, That if any person or persons that is or shall be entitled to commence and prosecute such suit or action in law or equity be or shall be, at the time of said right or title first accrued, come, or fallen, within the age of twenty-one years, femme-covert, non compos mentis, imprisoned, or beyond the limits of the United States and the territories thereof, that then such person or persons, his, her, or their heir or heirs, shall and may, notwithstanding the said ten years be expired, bring his or her suit or action as he, she, or they might have done before the passage of this act, so as such person or persons, his, her, or their heir or heirs shall, within three years next after his, her, or their full age, discoverture, coming of sound mind, enlargement out of prison, coming into the United States or the territories thereof, or death, take benefit of and commence such suit at no time after the said three years: Provided, also, That in the construction of this saving no cumulative disability shall prevent this bar, but shall only apply to that or these disabilities which existed at the time when the right to sue first accrued, and to no other: Provided further, That such action so commenced shall be an action prosecuted with effect, and no other.
NOTE.-Act of February 1, 1858 (Gen. Laws, p. 375).
SECTION 1. That any person or company of persons establishing a claim on any quartz-lead containing gold, silver, copper, tin, or lead, or a claim on a vein of cinnabar, for the purpose of mining the same, shall be allowed to have, hold, and possess the land or vein, with all its dips, spurs, and angles, for the distance of three hundred feet in length and seventy-five feet in width on each side of such lead or vein.
SEC. 2. To establish a valid claim the discoverer or person wishing to establish a claim shall post a notice on the lead or vein, with name or names attached, which shall protect the claim or claims for thirty days; and before the expiration of said thirty days he or they shall cause the claim or claims to be recorded as hereinafter provided, and describing, as near as may be, the claim or claims and their location; but continuous working of said claim or claims shall obviate the necessity of such record. If any claim shall not be worked for twelve consecutive months, it shall be forfeited and considered liable to location by any person or persons, unless the owner or owners be absent on account of sickness or in the service of their country in time of war.
SEC. 3. Any person may hold one claim by location, as hereinafter provided, upon each lead or vein, and as many by purchase as the local laws of the miners in the district where such claims are located may allow; and the discoverer of any new lead or vein not previously located upon shall be allowed one additional claim for the discovery thereof. Nothing in this section shall be so construed as to allow any person not the discoverer to locate more than one claim upon any one lead or vein.
SEC. 4. Every person or company of persons, after establishing such claim or claims, shall, within one year after recording or taking such claim or claims, work or cause to be worked the said claim to the amount of fifty dollars for each and every claim: Provided, That any person or company, either joint or incorporate, owning claims on any lead or vein shall be allowed to work upon any one claim the whole amount required as above for all the claims, and thereby be exempted from working on the rest of his or their claims in said lead or vein: Provided further, That when the individual, company, or corporation owning any quartz claim or claims shall file the affidavit of said owner, or one of the members of the company or corporation, with the county clerk of the county in which said claims are situated, to the effect that the amount of work required by this act has been performed on such claim, or if there be more than one claim, then on each of them, together with the affidavit of two disinterested persons to the same effect, with the addition "that they are not interested directly or indirectly in said claim or claims", and such claims shall thereafter be considered as real estate, and the title therein shall be vested in such person, company, or corporation against all others, save the government of the United States, and the improvements, machinery, and buildings thereon only shall be taxed as other property.
SEC. 5. It shall be the duty of the county clerk of any county, upon the receipt of notice of a miners' meeting organizing a miners' district in said county, with a description of the boundaries thereof, to record the same in a book to be kept in his office, as other county records, to be called "a book of record of mining-claims"; and, upon the petition of parties interested, he may appoint a deputy for such district, who shall reside in said district or its vicinity, and shall record all mining-claims and water-rights in the order in which they are presented for record, and shall transmit a copy of such record, at the end of each month, to the county clerk, who shall record the same in the above-mentioned book of record, for which he shall receive one dollar for each and every claim. It shall further be the duty of said county clerk to furnish a copy of this act to his said deputy, who shall keep the same in his office, open at all reasonable times for the inspection of all persons interested therein.
SEC. 6. Miners shall be empowered to make local laws in relation to the possession of water-rights, the possession and working of placer-claims, and the survey and sale of town lots in mining camps, subject to the laws of the United States.
SEC. 7. That ditches used for mining purposes and mining flumes permanently affixed to the soil be, and the same are hereby, declared real estate during the time the same shall be used for that purpose: Provided, That whenever any person, company, or corporation, being the owner or proprietor of any such ditch, flume, or waterright, have or shall abandon the same, and who shall for one year thereafter cease to exercise ownership over said water-right, ditch, or flume, and every company, corporation, or person who shall remove from this state with the intent or purpose to change his or their residence, and shall remain absent one year without using or exercising ownership over such water-right, ditch, or flume by a legally authorized agent, shall be deemed to have lost all title, claim, or interest therein.
SEC. 8. That the laws relative to the sale and transfer of real estate, and the application of the liens of mechanics and laborers therein, be, and they are hereby, made applicable to said ditches and flumes: Provided, That all interests in mining-claims known as placer or surface diggings may be granted, sold, and conveyed by bill of sale and delivery of possession as in cases of the sale of personal property: Provided further, That the bills of sale or conveyances executed on the sale of any placer or surface mining-claim shall be recorded within thirty days after the date of such sale, in the office of the county clerk of the county in which such sale is made, in a book to be kept by the county clerk for that purpose, to be called the record of conveyances of mining-claims.
SEC. 9. Mortgages of interests in placer or surface mining-claims shall be executed, acknowledged, recorded, and foreclosed as mortgages of chattels.
SEC. 10. The county clerk shall be entitled to a fee of one dollar each for every conveyance or mortgage recorded under the provisions of this act.
CHAP. XIII.—OF ACTIONS TO RECOVER POSSESSION OF MINING-CLAIM. (Gen. Laws, p. 479.)
125. Justice's court has jurisdiction of.
126. Pleadings in writing; what complaint must contain.
127. Answer of the defendant.
128. One year's adverse possession a bar to action, if pleaded. 129. Judgment for plaintiff, how given and enforced.
130. Judgment for defendant.
131. Regulations of mining district may be proven as facts, and effect of.
132. Appeal from judgment and stay of proceedings.
133. Action to be governed by law regulating other civil actions, except, etc.
SECTION 125. A justice's court has jurisdiction of an action to recover the possession of a mining-claim situate within the county where such court is holden, as in this chapter provided.
SEC. 126. The pleadings in such action must be in writing, and the complaint must set forth the facts constituting the plaintiff's right of possession, together with such a description of the mining-claim as can be conveniently given, and sufficient to identify it, and that the defendant wrongfully withholds the possession thereof from the plaintiff.
SEC. 127. The answer of the defendant must contain a specific denial of each material allegation of the complaint controverted by him, or of any knowledge or information thereof sufficient to form a belief, and a statement of any new matter constituting a defense to the action.
SEC. 128. One year's adverse possession of a mining-claim immediately preceding the commencement of an action therefor, by the defendant or those under whom he holds, if pleaded, is a bar to the action for the possession thereof.
SEC. 129. If, on the trial of the action, judgment be given for the plaintiff, it must be to the effect that the plaintiff recover the possession of the mining-claim mentioned in the complaint, or such part thereof as he may be found entitled to, together with the costs and disbursements of the action, and thereafter the plaintiff is entitled to have such judgment enforced by a writ of restitution, which writ shall be deemed an execution against property so far as such costs and disbursements are concerned.
SEC. 130. If judgment be given for the defendant, it must be to the effect that the plaintiff is not entitled to the possession of the mining-claim mentioned in the complaint, or any part thereof, and that the defendant recover of the plaintiff the costs and disbursements of the action.
SEC. 131. On the trial of an action to recover the possession of a mining-claim, the customs, usages, or regulations established and in force in the mining district or diggings in which such claim is situated, not in conflict with any law of the United States or of this state, so far as they may be pertinent and applicable to the issue to be tried, may be proven as facts, and when so proven shall be deemed the law governing the rights of the parties thereto.
SEC. 132. Either party may take an appeal from a final judgment given in an action to recover the possession of a mining claim, and the restrictions and limitations upon the right of appeal in civil actions, elsewhere provided in this act, do not apply thereto. The undertaking for a stay of proceedings upon the judgment, when the appeal is taken by the defendant, must be in such an amount as may be deemed sufficient to compensate the plaintiff for the use or profits of the claim during the pendency of the appeal, and for costs and disbursements of the action. The amount of the undertaking must be determined by the justice, and he may hear evidence to enable him to make such determination.
SEC. 133. Except as in this chapter otherwise provided, an action to recover possession of a mining-claim must be commenced and proceeded in to the final determination, and the judgment therein enforced, or appealed from, or reviewed, as other civil actions in justices' courts.
CHAP. L, TITLE 1.—OF PUBLIC ROADS AND PRIVATE WAYS; LOCATION AND ALTERATION OF; WORK ON PUBLIC ROADS; SUPERVISORS AND THEIR DUTIES. (Gen. Laws, p. 720.)
SECTION 15. Any person whose land shall be so situated that it has no connection with any public road may make application in writing to the county court of his county at a regular session for a private road leading from his premises to some convenient public road, and thereupon the court shall appoint three disinterested householders of the county as viewers, and cause an order to be issued directing them to meet, on a day named in such order, to view and locate a private road according to the application, and to assess the damages to be sustained thereby; and after being duly sworn or affirmed faithfully and impartially to discharge the duties of their appointment, and after at least three days' notice given to all persons through whose lands such private road is to be located, such viewers shall proceed to locate and mark out a private road, thirty feet in width, from some certain point on the premises of the applicant to some certain point on the public road, so as to do the least damage to the lands through which such private road is located, and they shall also, at the same time, assess the damage sustained by the person or persons owning such lands.
SEC. 16. The viewers appointed in accordance with provisions of the preceding sections of this chapter shall have power to determine, in all cases, whether or not gates shall be placed at proper points on said road, and assess damages in accordance with that determination.
SEC. 17. The viewers so appointed, or a majority of them, shall make a report to the county court, at the next regular session, of the private road so located by them, and also the amount of damages, if any, assessed by them, and the person or persons entitled to such damages; and if the county court is satisfied that such report is just, and after payment by the applicant of all costs of locating such road and the damages assessed by the viewers, the court shall order such report to be confirmed, and declare such road to be a private road, and the same shall be recorded as such; and any person aggrieved by the assessment of damages may appeal, within twenty days after such confirmation of the report, to the circuit court.
CHAP. VII.—OF PRIVATE CORPORATIONS, ETC. (Gen. Laws, p. 524.)
13. Stock to be deemed personal property; in case of sale, corporation to make transfer.
14. Sale of stock, effect of.
15. Wrongdoing of directors, liability for; director dissenting not liable.
16. Non-user of corporate power, effect of.
17. Corporations continue to exist after dissolution for certain purposes.
18. Special corporations may incorporate under this act; effect thereof.
19. Majority of stockholders may vote to increase or diminish stock,
20. Corporations for navigation may build roads across portages;
SECTION 1. Whenever three or more persons shall desire to incorporate themselves for the purpose of engaging in any lawful enterprise, business, pursuit, or occupation, they may do so in the manner provided in this chapter. SEC. 2. Such persons shall make and subscribe written articles of incorporation in triplicate, and acknowledge the same before any officer authorized to take the acknowledgment of a deed, and file one of such articles in the office of the secretary of state, another with the clerk of the county where the enterprise, business, pursuit, or occupation is proposed to be carried on, or the principal office or place of business is proposed to be located, and retain the third in the possession of the corporation.
SEC. 3. The articles of incorporation, or a certified copy of the one filed with the secretary of state or the county clerk, is evidence of the existence of such corporation.
SEC. 4. The articles of incorporation shall specify:
1. The name assumed by the corporation, and by which it shall be known, and the duration of the corporation,
2. The enterprise, business, pursuit, or occupation in which the corporation proposes to engage;
3. The place where the corporation proposes to have its principal office or place of business;
4. The amount of the capital stock of the corporation;
5. The amount of each share of such capital stock;
6. If the corporation is formed for the purpose of navigating any stream or other water, or making or constructing any railway, macadamized road, plank road, clay road, canal, or bridge, the termini of such navigation, road, canal, or the site of such bridge.
SEC. 5. Upon the making and filing of the articles of incorporation, as herein provided, the persons subscribing the same are corporators, and authorized to carry into effect the object specified in the articles, in the manner provided in this chapter; and they and their successors, associates, and assigns, by the name assumed in such articles, shall thereafter be deemed a body corporate, with power:
1. To sue and be sued;
2. To contract and be coutracted with;
3. To have and use a corporate seal, and the same to alter at pleasure;
4. To purchase, possess, and dispose of such real and personal property as may be necessary and convenient to carry into effect the object of the incorporation;
5. To appoint such subordinate officers and agents as the business of the corporation may require, and prescribe their duties and compensation;
6. To make by-laws, not inconsistent with any existing law, for the sale of any portion of its stock for delinquent or unpaid assessments due thereon, which sale may be made without judgment or execution: Provided, That no such sale shall be made without thirty days' notice of time and place of sale, in some newspaper in circulation in the neighborhood of such company, for the transfer of its stock, for the management of its property, and for the general regulation of its affairs.
SEC. 6. The corporators, or any portion of them, designated by a majority of the whole number, are authorized to open books and receive subscription to the capital stock of the corporation, and as soon as such capital stock has been subscribed, they shall give notice to the subscribers to meet, at such time and place as they may desiguate, for the purpose of electing not less than three directors, as the stockholders present shall determine: Provided, That it shall be lawful in the organization of any corporation to elect a board of directors as soon as one-half of the capital stock has been subscribed.
SEC. 7. The corporators present at such meeting shall be inspectors of the election, and certify who are elected directors, and appoint the time and place for their first meeting, and each stockholder who shall attend in person, or by proxy appointed by writing and subscribed by such stockholder, shall be entitled to one vote for each share of capital stock subscribed by him; but after such first election of the directors no person shall vote on any share upon which any installment or portion thereof is then due and unpaid.
SEC. 8. No person is eligible to the office of director unless he is a stockholder in the corporation and resident of the state, and a director ceasing to be such stockholder or resident ceases to be a director: Provided, That corporations constructing railroads or military wagon roads, canals, or flumes in this state may permit a minority of the board of directors to reside out of this state. Before entering upon the discharge of their duties the directors shall each take and subscribe an oath to faithfully and honestly discharge such duties.
SEC. 9. The directors, when elected and qualified, at the first meeting thereafter shall elect one of their number president, who shall preside at their meetings and perform such other special duties as the directors may authorize, and at the same time shall appoint a secretary, whose duty it shall be to keep a fair and correct record of all the official business of the corporation. From the first meeting of the directors the powers vested in the corporation are exercised by them, or by their officers or agents, under their direction, except as otherwise specially provided in this chapter.
SEC. 10. The notice of the time and place of the first meeting of the stockholders for the election of directors shall be given by publication of the same, for thirty days before such meeting, in some newspaper published at least once a week in the county where the meeting is to be held, or in some newspaper published in like manner and in general circulation therein: Provided, That nothing herein contained shall be construed to prevent such stockholders from holding such meeting for the election of directors before the expiration of thirty days after such stock is subscribed, and without the publication of the notice above referred to: Provided further, That all such stockholders shall be present at such meeting, or consent thereto in writing, which consent shall be filed with the secretary of such company. All notices of subsequent meetings of stockholders or directors shall be given for such time and in such manner as the directors may prescribe.
SEC. 11. There shall be an annual election of directors, and at each election after the first the president of the corporation shall act as inspector of election, and certify who are elected directors. The directors chosen shall hold their offices for one year thereafter, and until their successors are elected and qualified. The powers vested in the directors may be exercised by a majority of them, and any less number may constitute a quorum at all regular or stated meetings authorized by the by-laws of the corporation, in all cases when either the directors or incorporators shall have filed with the secretary of state and county clerk a written statement designating such less number sufficient to form a quorum. And insurance companies formed under this law may designate in their articles of incorporation what amount of per centum of the capital stock shall be required to be paid in before commencing business, and the stockholders shall be liable for their residue of the stock held by them respectively when the business or liability of the corporation shall require it.
SEC. 12. Every corporation organized under this charter shall keep a stock-book in such manner as to show intelligibly the original stockholders, their respective shares, the amount paid, and the amount due thereon, if any, and all transfers thereof, which stock-book, or a certified copy thereof as to the items in this section specified, as well as all other books of the corporation necessary for carrying on its business, shall be subject to the inspection, at all reasonable hours, of any person interested therein and applying therefor.
SEC. 13. The stocks in all private corporations organized under this chapter are to be deemed personal property, and subject to attachment, execution, levy, and sale as such; and the corporation, in case of such sale, is required to make the necessary transfer to the purchaser upon the stock-book.
SEC. 14. All sales of stock, whether voluntary or otherwise, transfer to the purchaser all rights of the original holder or person for whom the same is purchased, and subject such purchaser to the payment of any unpaid