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all property in this territory not by this act exempted from taxation; and upon the same property the board of supervisors of each county is also hereby authorized and empowered to levy and collect for county purposes such additional and special taxes, not exceeding two dollars upon each one hundred dollars' value of taxable property, as the laws of this territory may authorize or require them to levy and collect.
SEC. 3. Every tax levied under the provisions or authority of this act, upon any real property, is hereby made a lien upon the property assessed, which lien shall attach on the first Monday in March, and shall not be satisfied or removed until the taxes are all paid or the property has absolutely vested in a purchaser under a sale for taxes.
SEC. 4. All property of every kind and nature whatsoever, within this territory, shall be subject to taxation, except:
All lands belonging to the United States.
SEC. 5. The term "real estate", whenever used in this act, shall be deemed and taken to mean and include, and it is hereby declared to mean and include, the ownership of, or claim to, or possession of, or right of possession to any land within the territory; and the claim by, or possession of, any person, firm, corporation, association, or company to any lands shall be listed under the head of real estate: Provided, That the term "land", as used in this section, shall not be so construed as to include mining-claims, either lode or placer; the term "personal property", whenever used in this act, shall be deemed and taken to mean, and it is hereby declared to mean and include, , gold, silver, and all other metals and minerals; ⚫ all machines and machinery; all works and improvements; all capital loaned, invested, or employed in any trade, commerce, or business whatsoever; the capital stock of all corporations, companies, associations, firms, or individuals doing business or having an office in the territory; the money, property, and effects of every kind, except real estate, , and all property of whatsoever kind or nature not included in the term "real estate" as said term is defined in this act; all personal property in the hands of any trustee, agent, administrator, executor, or receiver, and all personal property, mortgaged or pledged, shall, for the purposes of taxation, be deemed to be the property of the person who has the possession thereof.
NOTE. "An act providing for the taxation of the net proceeds of mines", approved February 4, 1875 (p. 351), and "An act to amend 'An act providing for the taxation of the net proceeds of mines'", approved February 9, 1877 (p. 354), are repealed by acts approved February 21, 1881, and March 7, 1881, found, respectively, in Session Laws of 1881, pp. 78 and 137.
CHAP. XLVIII.—OF PROCEEDINGS IN CIVIL CASES, OF THE FORM OF CIVIL ACTIONS, AND OF THE PARTIES
Of the execution of the judgment in civil actions.
SECTION 221. The property mentioned in chapter thirty-seven of this code, entitled "Of exemptions", shall be exempt from such execution, except in the manner in said chapter specified, and, as to all property so exempt, the proceedings on such execution shall be in accordance with the provisions of said chapter.
CHAP. XXXVII.—OF EXEMPTIONS OF REAL ESTATE.
Exemption of personal property.
SECTION 11. The following property shall be exempt from levy and sale under any execution, or upon any other final process of a court:
8. The tools, implements, materials, stock, apparatus, team, vehicle, horses, harness, or other things to enable any person to carry on the profession, trade, occupation, or business in which he is wholly or principally engaged, not exceeding in value six hundred dollars.
10. A sufficient quantity of hay, grain, feed, and roots for properly keeping for three months the animals in the several subdivisions of this section exempted from execution.
AN ACT to amend section 25 of Chapter LI of the Compiled Laws of Arizona, cntitled "Of general incorporations", approved November 6, 1866. (Approved March 7, 1881; Sess. Laws, 1881, p. 138.)
SECTION 1. Section 25 of Chapter LI of the Compiled Laws of Arizona, entitled "Of general incorporations", is hereby amended so as to read as follows: Add to said section 25 of said Chapter LI the following, to wit: Provided, however, That any company incorporated under the laws of any other state or territory, or any foreign country, and doing any business or holding any property within this territory, are required to file, with the county recorder of the county in which its business or property is located within this territory, the lawful appointment of an agent upon whom service of summons in all actions may be made. Such agent shall be a bona fide resident of the county in which his appointment shall be filed, and any company organized under the laws of any other state or territory, or any foreign country, failing to comply with the provisions of this section, shall be disqualified and incompetent to prosecute or defend or otherwise appear in any action in any court.
SEC. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
SESSION LAWS OF 1881.
AN ACT relating to mines and mining-claims. (Approved March 12, 1881, p. 167.)
SECTION 1. Any person or persons who has or may hereafter locate a valid mining-claim in this territory under the laws of the United States, or of the territory of Arizona, shall be lawfully entitled to the right of way over all adjoining or adjacent mines or mining-claims for the purpose of transporting supplies, material, or ores used upon or taken from the claim or claims so entitled to the right of way; and it shall be lawful in the exercise of this right of way to construct such a road, tramway, or railway as may be necessary to transport such supplies, materials, or ores: Provided, That no such right of way shall be exercised in such a manner as to inconvenience or embarrass the owner or owners of such adjoining or adjacent claim or claims: And provided, also, That the owner or owners of said adjoining or adjacent claim or claims shall be entitled to remuneration from the person or persons claiming such right or way; the amount of such remuneration and the manner of ascertaining the same to be regulated by the rules and regulations as prescribed by an act of the territorial legislature, entitled "An act providing for constructing and maintaining toll roads, bridges, and ferries in Arizona territory", approved February 18, 1871.
SEC. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
NOTE.-Said act of February 18, 1871, is found on page 588 of Compiled Laws of Arizona, and in section 3 of said act (section 3522 of the compilation) the "amount of such remuneration and the manner of ascertaining the same" are found as follows: "Any person or persons proposing to construct a toll-road 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 when 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 road may be appropriated by said person or persons, after making compensation therefor as follows: Said person or persons shall select one appraiser, and said owner or owners shall select one, and the two so selected shall select a third, who shall appraise the lands sought to be appropriated, after having been first sworn, before 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 lands, they shall be entitled to proceed in the construction of the road over the land so appraised, notwithstanding such tender may be refused: Provided, That such tender shall always be kept good by such person or persons: And provided further, That an appeal may be taken by either party from the finding of the appraisers to the district court of the district within which the lands so appraised shall be situated, at any time within three months after such appraisement.”
AN ACT to encourage mining. (Approved March 12, 1881, p. 162.)
SECTION 1. That no lands taken up or held as mining-claims under the laws of the United States shall be held or used for agricultural purposes, or irrigated from any stream of water, unless there should be more water in such stream than is required or used for mining purposes; and the use of water for the purpose of irrigating such lands for agricultural purposes shall not vest in the person so using the same any right to such water, as against a subsequent appropriation for mining purposes.
SEC. 2. This act shall take effect and be in force from and after its passage.
(AN ACT entitled "An act to create the office of territorial geologist, and define the duties of said office." (Approved March 12, 1881, p. 171.)
SECTION 1. There shall be a territorial geologist, to be known as the territorial geologist.
SEC. 2. The territorial geologist shall, before entering upon the duties of his office, take the oath of office. SEC. 3. The territorial geologist shall be a competent mining engineer, and a resident of this territory, and shall hold office during the pleasure of the governor of the territory, shall hereafter as often as necessary [vacancy]
may occur in such office, fill the same by appointment. Such appointment shall be subject to confirmation by the legislative council of the territory.
SEC. 4. The duties of the territorial geologist shall be:
First. To collect all information as to the condition of mining industry in all portions of the territory, including first the product of gold, silver, copper, lead, and other metals; of coal, salt, gypsum, and other mineral products, the extent and character of the developments made in the various districts.
Second. The geological and mineralogical formation of the territory.
Third. The number and character and efficiency of the various reduction-works employed, and all improvements in metallurgical processes.
Fourth. To collect and exhibit a cabinet that shall justly represent the ores and minerals of the territory. Fifth. To assay ores and analyze waters, minerals, etc., upon demand of any person, charging therefor the ordinary business rates for such services.
SEC. 5. It shall be incumbent on mine and mill owners to furnish to the territorial geologist any information he may legitimately require to competently execute the duties of his office.
SEC. 6. The territorial geologist shall not be allowed any salary or money for services rendered, or traveling expenses of any kind or character whatever.
SEC. 7. As often as the information and statistics collected shall be sufficient to form a volume of convenient size, the territorial geologist shall, with the consent and approval of the next legislature, cause an edition of such number of copies of the same to be printed and published in a neat and substantial manner as in his judgment he may deem proper.
SEC. 8. That this act shall take effect and be in force from and after its passage.
HITTELL'S GENERAL LAWS OF CALIFORNIA: 1850-1864.
AN ACT to protect owners of growing crops, buildings, and other improvements in the mining districts of this state. (Approved April 25, 1855, p. 683.)
SECTION 1. No person shall, for mining purposes, destroy or injure any growing crops of grain or garden vegetables growing upon the mineral lands of this state, nor undermine or injure any house, building improvement, or fruit trees standing upon mineral lands and the property of another, except as hereinafter provided.
SEC. 2. Whenever any person, for mining purposes, shall desire to occupy or use any mineral lands of this state, then occupied by such growing crops of grain, garden vegetables, fruit trees, houses, buildings, or other improvements, property of another, such person shall first give bond to the owner of the growing crop, building, fruit trees, or other improvement, to be approved by a justice of the peace of the township, with two or more sufficient sureties, in a sum to be fixed by three disinterested citizens, householders of the township, one to be selected by the obligor, one by the obligee, and one by a justice of the peace of the township, conditional that the obligor shall pay to the obligee any and all damages which said obligee may sustain in consequence of the destruction by the obligor, or those in his employ, of the growing crops, fruit trees, improvements, or buildings of the obligee: Provided, That the word improvements in this act shall be construed to mean any superstructure on said farm, ranch, or garden, and nothing more.
SEC. 3. If any person or persons shall violate the provisions of the first and second sections of this act, he or they shall be deemed guilty of a misdemeanor, and, on conviction thereof before any court of competent jurisdiction, shall be fined in a sum not exceeding two hundred dollars, nor less than fifty dollars, or by imprisonment in the county jail of said county not exceeding three months, either or both, at the discretion of the court: Provided, Nothing in this act shall prevent miners from working any mineral lands in the state after the growing crops on the same are harvested.
AN ACT concerning partnerships for mining purposes. (Approved April 4, 1864, p. 684; Cal. Stats., 1863-4, p. 478.)
SECTION 1. All written contracts of copartnership for mining purposes upon the lands of the United States within this state, formed by two or more persons, shall be subject to the conditions and liabilities prescribed by this act.
NOTE.-This act was repealed by "An act entitled 'An act concerning partnerships for mining purposes", approved April 2, 1866. (Cal. Stats., 1865-'66, p. 828; Parker's General Laws, p. 338.)
SEC. 2. Any member of a copartnership, or his successor in interest, in any mining-claim, who shall neglect or refuse to pay any assessment, or shall neglect to perform any labor or other liability incurred by the copartnership
agreement, may, after the expiration of sixty days after such assessment, labor, or other liability has become due, be notified in writing by any remaining partner or partners, or by his or their agents, that such assessment, labor, or liability is due, which written notice shall specify the name of such mine and the districts wherein it is located, and shall particularly mention the liability which has been incurred; and if such delinquent resides within the state he shall be personally served with such notice; and if the person so notified shall refuse or neglect, for thirty days after service of such written notice, to comply with the requirements of the copartnership agreement, the remaining partner or partners may sell the interest of such delinquent partner in and to such mining-claim.
SEC. 3. All sales under the provisions of this act shall be at public auction, and by giving five days' notice thereof, by posting written notices in three public places within the mining district where such mine is located. The notice shall also specify the extent of the interest to be sold, and the name of the delinquent partner or partners, and the time and place of such sale, which place shall be within the district where the mine is located. The purchaser at such sale shall acquire all the rights and title of the delinquent partner.
SEC. 4. If any delinquent partner in any mine is absent from the state, or resides in any other state or territory, the notice to such delinquent shall be by publication, once a week for four months, in some newspaper published in the county where the mine is located, or if there be no newspaper in the county, then such notice shall be published in some newspaper in an adjoining county. After the expiration of the time of such publication, the interest of such delinquent shall be sold in the manner prescribed in section third of this act.
SEC. 5. This act shall take effect from and after its passage.
AN ACT to provide for the conveyance of mining-claims. (Approved April 13, 1860, p. 110.)
SECTION 1. Conveyances of mining-claims may be evidenced by bills of sale or instruments in writing not under seal, signed by the person from whom the estate or interest is intended to pass, in the presence of one or more attesting witnesses; and also all conveyances of mining-claims heretofore made by bills of sale or instruments in writing not under seal shall have the same force and effect as prima-facie evidence of sale as if such conveyances had been made by deed under seal: Provided, That nothing in this act shall be construed to interfere with or repeal any lawful local rules, regulations, or customs of the mines in the several mining districts of this state: And provided further, Every such bill of sale or instrument in writing shall be deemed and held to be fraudulent and void as against all persons except the parties thereto, unless such bill of sale or instrument in writing be accompanied by an immediate delivery to the purchaser of the possession of the mining-claim or claims therein described, and be followed by an actual and continued change of the possession thereof, or unless such bill of sale or instrument in writing shall be acknowledged and recorded, as required by law in the case of conveyances of real estate.
(SEC. 2. This act shall apply to gold-mining claims only.)
NOTE.-Section 2 repealed by act March 26, 1863.
SEC. 3. This act shall be in force and take effect from and after its passage.
AN ACT in reference to corporations organized in this state for the purpose of mining out of this state. (Approved March 5, 1861, p. 157.) SECTION 1. That it may be lawful for any corporation organized in this state, under the laws of this state, for the purpose of mining, or carrying on mining operations, without this state, whose business office is in this state, to levy assessments upon the capital stock thereof to pay the debts, future or present, of said corporation, or to carry on the business of said corporation: Provided, The same shall be equal and uniform, and at no time exceed five per cent. of the capital stock, and such levy, or assessment, shall constitute a valid and binding obligation upon the holders of such stock to pay the sum so assessed against the stock so held. Notice of each such call, or assessment, shall be given to the respective stockholders personally, or shall be published once a week for at least four weeks in some newspaper published at the place designated as the principal place of business of the corporation, and also in some newspaper published nearest to the point where said mining operations are being carried on. If, after such notice has been given, any stockholder shall make default in the payment of such call, or assessment, as to the shares of stock held by him, so many of such shares may be sold as will be necessary for the payment of the call, or assessment, on the shares held by him. The sale of said shares shall be made as prescribed in the by-laws of the company: Provided, That no sale shall be made except at public auction to the highest bidder, after a published notice of thirty days, published as above directed; and that at such sale the person who will agree to pay the call, or assessment, so due, together with the expense of advertisement and the other expenses of the sale, for the smallest number of whole shares, shall be deemed the highest bidder.
SEC. 2. This act shall take effect from and after its passage.
AN ACT to authorize mining companies or corporations to change their principal place of business. (Approved February 15, 1864, p. 157; Cal. Stats., 1863-'64, p. 76.)
SECTION 1. Any mining company or corporation lawfully organized and incorporated for mining purposes within the state of California may change its office or principal place of business by first obtaining the consent, in writing, of the stockholders representing two-thirds of all the capital stock of the company: Provided, That notice of such intended change, after such consent shall have been obtained, shall be inserted for thirty days in some newspaper published at or nearest the principal place of business of said mining company or corporation, designating the county, or city and county, to which it is intended to remove, before such removal shall be deemed lawful.
SEC. 2. Any mining company or corporation availing itself of the privileges of this act, upon filing in the office of the county clerk of the county, or city and county, to which a removal is intended to be made, a certified copy of its articles of incorporation, together with a certificate of the trustees of the company or corporation, under the seal thereof, that the requirements of section one of this act have been fulfilled, shall, from the time of such filing, be vested with all the powers in its new place of business which it might or could have exercised if originally incorporated in the county to which its office or principal place of business shall be removed.
SEC. 3. This act shall not be so construed as to authorize any mining company or corporation to remove its office or principal place of business out of the state.
SEC. 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.
AN ACT to authorize the removal of the office and principal place of business of mining and other corporations from the town of Aurora, in the territory of Nevada, to the city of San Francisco, or other places in the state of California. (Passed February 27, 1864, p. 158; Cal. Stats., 1863-64, p. 109.)
SECTION 1. It is hereby declared lawful for any corporation heretofore organized under the laws of this state, whose principal place of business is in the town of Aurora, territory of Nevada, and such corporation is hereby authorized and empowered to remove its office and prineipal place of business to the city of San Francisco, or to any other city or town in the state of California, as such corporation may select, by a resolution of the board of trustees thereof, adopted in accordance with its by-laws.
SEC. 2. Every such corporation desiring to make such removal shall file in the office of the clerk of the city and county of San Francisco, or of the city and county of Sacramento, or of such county in this state wherein is situated the city or town to which such corporation desires to remove, a certified copy of such resolution, under their corporate seal, together with a certified copy of the original certificate of incorporation now on file in the office of the secretary of state, and shall also deliver a certified copy of such resolution to the county clerk of Esmeralda county, Nevada territory, and shall cause the same to be published for four successive weeks in some newspaper in the said town of Aurora; and from the time of the filing of said instruments in the clerk's office of the proper county in this state, the office and principal place of business of such corporation shall be deemed removed to and established at such city or town in this state as may be declared in such resolution.
SEC. 3. The resolution heretofore passed by the board of trustees of any corporation whose office and principal place of business has heretofore been in the town of Aurora, removing such office and place of business to any city or town in the state of California, is hereby legalized and declared valid and effectual; and from the time of the passage of such resolution all acts and proceedings of the trustees of such corporation, had or done in such city or town in this state, are hereby declared and made valid and effectual, in law and equity, as fully to all intents and purposes as though such city or town had been originally designated in the certificate of incorporation of such corporation as the principal place of business thereof: Provided, That such corporation shall, within sixty days from the passage of this act, file in the office of the county clerk of the county wherein such city or town is situated a certified copy of such resolution, attested by their corporate seal, together with a certified copy of the certificate of incorporation of said corporation now on file in the office of the secretary of state.
SEC. 4. This act shall take effect from and after its passage.
AN ACT to authorize corporations organized in this state, for the purpose of mining in or without this state, to establish and maintain transfer agencies in other states. (Approved April 4, 1864, p. 158; Cal. Stats., 1863-64, p. 429.)
SECTION 1. That it may be lawful for any corporation organized in this state, for the purpose of mining or carrying on mining operations in or without the state, to establish and maintain agencies in other states of the United States for the transfer and issuance of their stock; and a transfer or issuance of [the] same at any such transfer agency, in accordance with the provisions of this statute, shall be valid and binding, and as fully and effectually so for all purposes as if made upon the books of such corporation at its principal office within this state.
SEC. 2. All stock of any such corporation issued at any such transfer agency shall be signed by the president and secretary of the corporation, and countersigned at the time of its issuance by the agent or agents of such