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(3253.) SEC. 9. The amount allowed and paid out to the assessor and county auditor for services under this act shall be apportioned by the auditor in the proportion the state tax bears to the county tax on proceeds of mines, and the amount shall be charged to the state and county in said proportion, and a verified statement of the amount allowed by the board of county commissioners shall entitle the controller to credit the county treasurer with such amounts as shall have been charged against the state.
(3254.) Sec. 10. The collection of the tax authorized to be levied under this act shall be enforced in the same manuer in which the tax on any other kind of personal property is enforced and collected.
AN ACT providing for the location and taxation of borax and soda mines and claims. (Approved March 7, 1873; Sess. Laws, 1873, p. 178;
Comp. Laws, vol. 2, p. 228.) (3255.) SECTION 1. The ownership of, or claim to, or possession of, or right of possession to any lands in this state containing, and held for the purpose of obtaining, borax or soda, shall be assessed annually for taxation, for state
and county purposes, at not exceeding five dollars per acre. The annual payment of said taxes and the compliance with the provisions of an act entitled "An act to provide for the location of lands containing salt”, approved
February twenty-fourth, eighteen hundred and sixty-five, shall be held as a recognition on the part of the state of the validity of said ownership of, or claiin to, or possession of, or right of possession to said lands: Provided, That where borax and soda mines and claims are being worked for borate of soda, borate of lime, boracic acid, or carbonate of soda, then the net proceeds thereof shall be taxed, in the event that the tax on such net proceeds shall equal or
exceed in amount what would be derived from said mines or claims, taxing them at five dollars per acre as aforesaid, Les and when the net proceeds are taxed the ownership of, claim to, possession of, or right of possession to the said
lands shall not be taxed.
(3256.) SEC. 2. Sections two, three, four, five, six, seven, eight, nine, and ten of an act entitled "An act providing
for the taxation of the net proceeds of mines”, approved February twenty-eighth, eighteen hundred and serenty-one, jest shall be, and are hereby, made applicable as to time and manner of assessing and collecting the revenue derived from
the net proceeds of borax and soda mines and claims.
(3257.) Sec. 3. The officers whose duty it is to enforce the provisions of "An act providing for the taxation of the net proceeds of mines" (referred to in section two of this act) shall enforce the provisions of this act so far as it relates to the taxation of the net proceeds of borax and soda mines and claims, and shall receive the same compensation as provided in said act.
(3258.) SEC. 4. The state controller is hereby authorized and directed to prepare and furnish the necessary blanks and instructions to carry this act into effect.
minutes ? I such andere
CHAP. I.—THE EXECUTION.
TITLE VII.- Of the erecution of the judgment in civil actions.
SECTION 221. The following property shall be exempt from execution, except as herein otherwise specially provided :
Fourth. The tools and implements of a mechanic or artisan necessary to carry on his trade.
Fifth. The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars; also his sluices, pipes, bose, windlass, whin, derrick, cars, pumps, tools, implements, and appliances necessary for carrying on any kind of mining operations, not exceeding in value the aggregate sum of five hundred dollars; and two horses, mules, or oxen, with their harness, and food for such horses, oxen, or mules for one month, when necessary to be used for any whim, windlass, derrick, car, pump, or hoisting apparatus.
VOTE.-"Au act to regulate proceedings in civil cases in the courts of justice of this state, and to repeal all other acts in relation ebereto.” (Approved March 8, 1869 ; Comp. Laws, vol. 1, p. 358 ; Sess. Laws, 1869, p. 196.)
STATUTES OF 1875.
AN ACT to encourage the mining, milling, smelting, or other reduction of ores in the state of Nerada. (Approred March 1, 1875, p. 111.)
Section 1. The production and reduction of ores are of vital necessity to the people of this state; are pursuits in which all are interested, and from which all derive a benefit; so the mining, milling, smelting, or other reduction of ores are hereby declared to be for the public use, and the right of eminent domain may be exercised therefor.
Sec. 2. Any person, company, or corporation engaged in mining, milling, smelting, or other reduction of ores may acquire any real estate, or any right, title, interest, estate, or claim therein or thereto, necessary for the purposes of any such business, by means of the special proceedings prescribed in this act. The said special proceedings shall be substantially as follows: There shall be filed in the clerk's office of the district court in the county where the real estate is situated a petition, verified according to law, stating therein the name of the person, company, or corporation presenting the petition; that they are engaged in the business of mining, inilling, smelting, or other reduction of ores as aforesaid; the descriptiou by the metes and bounds, or by some accarate designation, of the tract or tracts of land desired to be appropriated for the purposes of such business; and that a necessity esists therefor; setting forth the names of those in possession of said lands, and of those claiming any right, title, or interest therein, so far as the same can be ascertained by reasonable diligence.
SEC. 3. The persons in occupation of said tract or tracts of land, and those having any right, title, or interest therein, whether named in the petition or not, shall be defendants thereto, and may appear and show cause against the same, and may appear and be heard before the commissioners herein provided for, and in proceedings subseqnent thereto, in the same manner as if they liad appeared and answered said petition.
SEC. 4. The said court, or the judge thereof, either in term or vacation, shall, by order, appoint the time for the hearing said petition, and such hearing may be had, and all orders in said proceedings may be made, by the said court, or the judge thercof, either in term time or vacation.
Sec. 5. The petitioner shall cause all thc occupants and owners of said tract or tracts of land, so far as the same can be ascertained by reasonable diligence, who reside iu said county, to be personally notitied of the pendebes of the said petition at least ten days before the hearing thereof; and if any of said occupants or owners are unknown, or do not reside in said county, and have not been personally notified of the pendency of the said petition, such petitioner shall cause a notice, stating the filing of said petition, the object thereof, the tracts of land sought to be appropriated, and the time and the place of the licarivg of said petition, to be published, for four successive weeks previous to the time of hearing said petition, in a newspaper published in said county, or if none is publishel in said county, then in a newspaper published nearest to said county.
SEC. 6. The defendants to said petition may appear and show cause against said petition ou or before the time for the hearing thereof, or such other time as the hearing may be continued to; and upon satisfactory-proof being made that the defendants have been duly notified of the pendency of said petition, as herein prescribed, and upon the hearing of the allegations and proofs of the said parties, if the said court or judge shall be satisfied that the said lands, or any part thereof, are necessary or proper for any of the purposes mentioned in said petition, then such court or judge shall appoint three competent and disinterested persons as commissioners, one of whom shall be selected from among the persons, if any, named for that purpose by said petitioner, and one shall be selected from among the persons, if any, named on the part of any of the defendants, to ascertain and assess the compensation to be paid to any person or persons having or holding any right, title, or interest in or to each of said tracts of land for and in consideration of the appropriation of such land to the use of said petitioner. If any vacancy occur among said commissioners by reason of any one or more of them refusing or neglecting to act, or by any otber means, one or more commissioners may be appointed by said court or judge to fill such racancy, upon notice being given of such vacancy as said court or judge may direct.
SEC. 7. The said court or judge shall appoint the time and place for the first meeting of said comunissionere and the time for filing their report, and may give such further time as may be necessary for that purpose, if they shall not then have completed their duties. The said commissioners, or a majority of them, shall meet at the time and place as ordered, and before entering on their duties shall be duly sworn to honestly, faithfully, and impartially perform the duties imposed upon them; and any one of them may issue subpoenas for wituesses for either of salt parties, and may administer oaths; and said commissioners may adjourn from place to place and from time to time as may be necessary for the proper discharge of their duties.
SEC. 8. The said commissioners shall proceed to view the several tracts of land, as orilered by said court or judge, and shall hear the allegations and proof of said parties, and shall ascertain and assess the compensation for the land sought to be appropriated, to be paid by said petitioner to the person or persons having or bolding aus right, title, or interest in or to each of the several tracts of land; and such commissioners shall, on or before the time or times as ordered by said court or judge, file in said clerk's office their report, signed by them, or a majority of them, setting forth their proceedings in the premises; and they may include all of said tracts iu one report, or they may make several reports, including one or more of said tracts of land, if the court or judge shall so order, or if they shall deem it proper. In case there are adverse or conflicting claims to the compensation assessel for los tract of land, or any right, title, or interest therein thus sought to be appropriatel, the parties thus asserting sncli claim shall present the same by petition to the court or judge after the report of the commissioners shall have been filed, and the said court or judge shall proceed to hear and determine the same; and in such cases such petitiouer may pay the amount of such compensation to the clerk of said court, to abide the order of the court or judge in said proceedings, and said petitioner shall not be liable for any of the costs caused by the adjuslication of such conflicting claims.
SEC. 9. The said petitioner, or any of said defendants, if dissatisfied with the report, may, within twenty dass after the time of filing said report, and after ten days' notice to the parties interested, move to set aside the report, and to have a new trial as to any tract of land, on good cause shown therefor, and the said court or judge shall set aside the report as to such tract of land, and may recommit the matter to the same or to other commissioners, who shall be ordered to proceed in like manner as those first appointed; but such matter shall not be more than twice recommitted to commissioners.
SEC. 10. Upon the expiration of twenty days after the filing of said report or reports, or at such further timo as may be appointed therefor, if the motion and notice shall not have been made and given as aforesaid, and if the proceedings of said commissioners appear to have been correctly and properly done, the said court or judge shall confirm each of said reports and certify the same thereon.
Sec. 11. Each of said reports and the certificates thereon, npon the compensation therein named being paid, shall be recorded in the recorder's office of said county by said petitioner. The said court or judge may make all such orders as may be necessary or proper in the special proceedings provided for in this act, and shall cause the pleadings and proceedings to be amended whenever justice shall require it to be done, and shall direct the manner of the service of all orders and notices not herein specially provided for. Costs in such special proceedings shall be taxed by the clerk at the rates prescribed in the fee bill for said county in civil actions, and also the compensation of the commissioners, which shall be fixed by the court or judge, and shall be paid by said petitioner, except in case where a defendant shall move for a new trial, and the compensation assessed by the coinmissioners shall not be increased more than ten per cent. upon the previous assessment, in which case such defendant shall pay the costs.
SEC. 12. If the title attempted to be acquired by virtue of the provisions of this act shall be found to be defective from any cause, such petitioner may again institute proceedings to acquire the same, as in this act prescribed, and at any stage of such new proceedings, or of any proceedings under this act, the court or judge in chambers may rule, or by order in their behalf made, authorize such petitioner, if already in possession, to continue in the use and possession, and if not in possession, to take possession of and use such premises during the pendency of, and until the final conclusion of, such proceedings, and may stay all actions and proceedings against such pctitioner on account thereof, provided such petitioner shall pay a sufficient sum into court or give security, to be approved by such court or judge, to pay the compensation in that behalf when ascertained.
SEC. 13. Upon the filing of the report of the commissioners for record, as above provided for, and upon the payment or tender of the compensation and costs as prescribed in this act, the real estate, or the right, title, or interest therein described in such report, shall become the property of such petitioner for the purpose of the business of mining, milling, smelting, or other reduction of ores, as aforesaid, so long as the same shall be continued, and shall be deemed to be acquired for and appropriated to public use.
SEC. 14. Such petitioner shall, within thirty days after the final confirmation of the report aforesaid, pay or tender the sum of inoney ascertained and assessed by said coinmissioners as and for the compensation of each tract of land described in said report of which the compensation was ordered by said court or judge to be ascertained and assessed as aforesaid; and said payment or tender may be made to the person or persons owning said tract of land, or having or holding any right, title, or interest therein, according to the amount or extent of the right, title, or interest owned or held therein by such person or persous; or said payment may be made to the said clerk for said persons, and the same shall be deemed and taken as a payment to such person or persons, and shall be as effectual for all purposes as if the said sum of money had been personally paid to each and all of the persons entitled thereto.
Sec. 15. If it shall become necessary for any of the purposes aforesaid for such petitioner to acquire any real estate, or any right, title, or interest therein, which is the property of any infant, idiot, or insane person, the guardian, executor, or administrator, as the case may be, shall be subject to process, judgment, and decree, as herein provided for persons of full age or capable of contracting, or without such process, judgment, or decree they may sell and convey the property desired to said petitioner; but neither such sale or conveyance shall be valid for any purpose until the same shall have been approved by the judge of the proper court, and said judge is hereby authorized to examine such deeds and conveyances, and if he shall deem the same just and proper, he shall approve the same, and thereupon such conveyances shall bare the same force and effect for the purposes in this section mentioned as if the same had been executed hy persons competent to convey lands in their own names.
Sec. 16. The said court or judge shall, at the time of the payment of any sum of money to the said clerk, under the provisions of this act, or at such other time or times as may be ordered, direct and oriler the same to be paiel over to the person or persons who shall, upon satisfactory proof, appear to be entitled thereto.
SEC. 17. In all the proceedings in relation to the sale or appropriation of real estate, and ascertaining and receiving the compensation therefor, for the purposes as prescribed in this act, the term "person” shall be deemed to include municipal or other corporations, and the word "petitioner" to designate any person or number of persons, compaus, or corporation who may in any case petition as provided in this act.
Sec. 18. The ininutes of the proceedings had before such judge shall be entered by said clerk in the same manger and with the same force and effect as if the proceedings were had before said court in term time.
AN ACT to amend au act ontitlod "An act to provide for the formation of corporations for certain purposes”, approved March tenth,
cightoon hundred and sixty-five. (Approved February 17, 1875, p. 68.) S1CCTION 1. Section five of said act, of which this act is amendatory, is hereby amended so as to read as follows:
"Sko. 8. The corporate powers of the corporation shall be exercised by a board of not less than three trustees, who shall be stook holders in the company, who shall, before entering upon the duties of their office, respectively, tako and subscribe to an oath, as prescribed by the laws of this state, and who shall, after the expiration of the term of the trustees first elected, be annually elected by the stockholders at such times and place within the state, and upon such notice, and in such manner, as shall be directed by the by-laws of the company; but all elections shall be by ballot, and each stockholder, either in person or by proxy, shall be entitled to as many votes as he or she may be entitled to represent, by proxy, shares of stock; and the person or persons receiving the greatest number of votes shall be trustee or trustees. Whenever any vacancy shall happen among the trustees by death, resignation, or otherwise, except by removal and the election of his successor, as herein provided, it shall be filled by appointment of the board of trustees. On petition of the stockholders holding the majority of the stock actually issued by any corporation formed under this act, to the district judge of the district where said corporation has its actual place of business, verified by the signers, to the effect that they are severally the holders of to the number of shares set opposite their signatures to the foregoing petition, the district judge shall issue his notice to the stockholders of said company that a meeting of the stockholders will be held at the court-room of the district court, in the county in which is said principal place of business, stating the time, not less than five nor more than ten days after the first publication of said notice, and the object to be taken into consideration the removal of officers of said company; which notice, signed by the said district judge, shall be published daily, in a daily newspaper published in said county, for at least five days before the time for the meeting, or if there be no daily newspaper published in said county, then in such manner as the district judge shall direct. At the time appointed by said notice the said district judge shall appoint a secretary of the meeting, and shall thereupon hear the proofs of those claiming to be stockholders in said corporation, and only those showing a right to vote, or their proxies, shall take part in the Mirther pruninga Said judge shall decide who are entitled to vote, in a summary way, and his decision shall betul. If it appears at the time appointed, or within one hour thereafter, holders of less than one-half the whole number for} shan's actually issued, or their prosies, are present, the meeting shall be dissolved; but if the holders of more than one half the shares actually issued, or their proxies, are present, they shall proceed to rote, the secretary calling the nill, which he shall prepare by setting down the names of persons held to be entitled to vote, and the mumber of shares held by each, and such persons roting yea or nap, as the case may be. The secretary shall enter the same upon his list, and when he has added up the list and stated the result, he shall sign the same and hand it to the judges who shall declare the result. If the result of the rote is that the holders of a majority of all the shares of the company actually issue, or their proxies, are in favor of the remoral of one or more of the officers of the many, the mercing shall then proved to lallot for officers to supply the racancies thus created. Tellers shall In part by the judge, who shall collect the hallots and deliver them to the secretary, who shall count the same in oyunu, and having stated the result of the count in writing, shall sign the same and hand it to the jndge, we shall 2.: Neue the ntsalt to the meeting. The judge shall therapen issue to each person chosen a certificate sfatting her than the date of such meeting until the next aunual election, apless removed under the prorisions Ararvi Ae is entitled to everkandi til the entice tes mhich he is chosen: and shall idorse upon or anner to said påvirket a man of the pinkkiagraf saai meeting and an onler nyniriag that all boks paper and all property
erai avvale delaven to the officers elect, ani balsza ibe anze aud file it with The se aiuteranr diskutience to said unler mas be punistal as other contempts of court,
at there in br the curt or addistrict. The district jedge shall pride at said meeting Merverd kaasas de mar bertuesal to subunit to the methog la decading any controrerted Pia Arusha ne she purer noasaiser carbs and tase tesavgreber craür or by ex-parte
Fir: <rende pakking her carcel urceneiressdis.
each respectively, whether done or furnished at the instance of the owners of the building or other improvement or his agent; and every contractor, subcontractor, architect, builder, or other persons having charge of any mining-claim, or of the construction, alteration, or repairs, either in whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent of the owner for the purpose of this chapter.
SEC. 3. The land occupied by any building or other superstructure, railroad, tramway, tol)-road, canal, water. diteh, flume, aqueduct, or reservoir, bridge, or fence, together with a convenient space abont the same, or so mnch as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment, is also subject to the lien, if at the commencement of the work, or of the furnishing of the materials for the same, the land belonged to the person who caused said building, improvement, or structure to be constructed, altered, or repaired; bat if such person owned less than a fee-simple estate in such land, then only his interest therein is subject 10 such lien.
SEC. 4. The liens provided for in this chapter are preferred to any lien, mortgage, or other incumbrauce which may have attached subsequent to the time when the building, improvement, or structure was commenced, work done, or materials were commenced to be furpisbed; also to any lien, mortgage, or other incumbrance of which the lienbolder had no notice, and which was unrecorded at the time the building, improrement, or structure was commenced, work done, or the materials were commenced to be furnished.
NOIE. — This act is amended by act approved February 24, 1877 (Sess. Laws, 1877, p. 90), and was further amended by act approved February 23, 18el (Sess. Laws, 1881, p. 49). The remaining sections of the above act relate to the recording, limitation, and enforcement of the lien, apıl to further matters concerning the subject, not essential to the purpose of this quotation.
AN ACT to amend an act entitled "An act to require foreign corporations to furnish evidence of their incorporation and corporate
name": approved March third, eighteen hundred and sixty-nine. (Approved Jannary 30, 1077 ; Sess. Laws, 1877, p. 57.) SECTION 1. Sertion one of said act is hereby amended so as to read as follows:
“ SEC. 1. Every incorporated company or association created and existing under the laws of any other state, er of apy foreign government, shall file, in the office of the county recorder of each county of this state wherein such 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 certiticate of thie officers of the corporation 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, which said list, with the proper supplemental certificates, shall be corrected as often as a change in such officers occurs; and a copy of such certificate, duly certified to by the county recorder wherein such certificate is filed, may be introduced iu evidence to prove the fact of the existence of such corporation, without further proof".
SEC. ... Section two of said act is hereby amended so as to real as follows:
SEC. 2. Any person or persons who shall act as the managing agent or superintendent of any such corporation in rouducting or carrying on any business of such corporation in any of the counties of this state, without any such certitirate having been filed as required by section one of this act, shall be deemed guilty of a misdemeanor, and on conviction shall be tined not less than fifty nor more than tive hundred dollars, to which may be added imprisonment in the county jail for any period not exceerling six months: Provided, That in all actions against such corporations, associations, or companies which have neglected to file the proper certificate or act of their incorporation, as heretofore provided, it shall be sufficient to establi-b the legal existence of such corporation by the proof of their acting as such".
AN ART 10 bolish the office of state mineralogist. and to provide for the care and preservation of the state museum. (Approred
February 1, 1877: Sess. Laws, 1877. p. 39.)
SEC... On and after the first day of January. A. D. one thousand eight hundred and seventy-nine, the anperintendent of public instruction shall be ex-officio curator of the state museum of mineralogical, geological, and other specimens.
SEC. 3. The curator. when visiting the several school districts in this state in his capacity as superintendent of public instruction, as is required by law, shall make inquiry, so far as is practicable, into the resources of the mines situated in the respective districts, and inspect the same; collect specimens of ores, ascertain their value, catalogue and place tbem in the state museuin, and prepare for publication, in the appendix of his biennial report as