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STATE AND TERRITORIAL MINING LAWS. 165
owner or proprietor, or his agent or trustee, before or at the time he furnishes any of the things aforesaid, or performs any of the labor, of his intention to furnish or perform the same, and the probable value thereof; and if afterwards the things are furnished, or labor done, the subcontractor shall settle with the contractor therefor, and having made the settlement in writing, the same, signed by the contractor and certified by him to be just, shall be presented to the owner or proprietor, or his agent or trustee, and left with him; and within thirty days from the time the things shall have been furnished, or the labor performed, the subcontractor shall file, with the recorder of the county in which the building, erection, or other improvement is situated, a copy of the settlement between himself and the contractor, which shall be a lien upon the building, erection, or improvement for which the things were furnished, or on which the labor was performed, and shall at the time file a correct description of the property to be charged with the lien, the correctness of all which shall be verified by affidavit. SEC. 822. In case the contractor shall, for any reason, fail or refuse to make and sign such settlement in writing with the subcontractor when the same is demanded, then the subcontractor shall make a just and true statement of work and labor done, or things furnished by him, giving all credits, which he shall present to the owner or proprietor, or his agent or trustee, and shall also, within said thirty days, file a copy of the same, verified by affidavit, with the recorder of the county in which the building, erection, or other improvement is situated, together with a full and correct description of the property to be charged with the lien. SEC. 823. The certificate of settlement, made as aforesaid, or statement of the subcontractor, shall be a justification to the employer in withholding from the contractor the amount appearing thereby to be due to the subcontractor until he is satisfied that the same has been paid; and the employer shall become surety of the contractor ob the subcontractor for the amount due for such work and labor or things, not, however, exceeding the value thereof, as notified under section 821. SEO. 824. The notice mentioned in the preceding sections may be served by the sheriff or any constable of the county in which such building, erection, or other improvement is situated, and the return thereon of such sheriff or constable shall be received in evidence without further proof. SEC. 825. It shall be the duty of every person and all persons, except as has been provided for subcontractors, who wish to avail himself or themselves of the benefits of this chapter, to file, with the recorder of the county in which the building, erection, bridge, flume, canal, ditch, mining-claim, quartz-lode, ranch, city or town lots, or other improvements upon lands to be charged with lien is situated, and within ninety days after the things aforesaid have been furnished, or the work or labor done or performed, a just and true account of the amount due or owing to him after allowing all credits, and containing a correct description of the property to be charged with said lien, verified by affidavit. SEc. 826. It shall be the duty of the recorder of the county to indorse upon every account the day of its filing, and make an abstract thereof in a book by him to be kept for that purpose, and properly indexed, containing the date of its filing, the name of the person laying or imposing the lien, the amount of such lien, the name of the person against whose property the lien is filed, and the description of the property to be charged with the same; for all of which he shall receive the sum of one dollar from the person laying or imposing the lien, which shall be taxed and collected as other costs in case there be suit thereon.
NotE.-Sections S25 and 826 are from act February 13, 1874 (Sess. Laws, 1874, p. 84).
SEc. 827. That the lien given by section 820 of this chapter shall extend to the lot or land upon which any such building, improvement, or structure to the extent of one acre, if outside anytown or city, orif within any town or city, then to the extent of the whole lot or lots upon which the same is situated, if the land belonged to the person who caused said building to be constructed, altered, or repaired; but if such person owned less than a fee-simple estate in such land, then only his interest therein is subject to such lien. All liens for work or labor done, or material furnished, upon the same premises, which shall be filed within thirty days after the filing of the first lien on such premises, shall entitle the holder thereof to share equally, pro rata, according to the amount of their respective liens, in the proceeds arising from the sale of such premises upon the foreclosure of such liens. If, after the expiration of thirty days, other liens shall be filed against such premises, then all liens filed within sixty days after the filing of such subsequent lien shall be liens of the second class, and share pro rata in any proceeds arising from the sale of the said premises which may remain after all liens of the first class have been paid. The liens for work or labor done, or material furnished, as specified in this chapter, shall be prior to, and have precedence over, any mortgage, incumbrance, or other lien made subsequent to the commencement of work on any contract for the erection of such building or other improvement.
NotE.-Section 827 is from act of February 16, 1877 (sess. Laws, 1877, p. 238).
SEC. 828. The entire land, to the extent aforesaid, upon which any such building, erection, or other improvement is situated, including as well that part of said land which is not covered with such building, erection, or other improvement, as that part thereof which is covered with the same, shall be subject to all liens created by this chapter, to the extent, and only to the extent, of all the right, title, and interest owned therein by the owner or proprietor of such building, erection, or other improvement for whose immediate use or benefit the labor was done, or things were furnished; and when the interest owned in such land, by such owner or proprietor of such building, erection, or other improvement, is only a leasehold interest, the forfeiture of such lease for the non-payment of rent, or non-compliance with any of the other stipulations therein, shall not forfeit or impair such liens so far as concerns the buildings, erections, and improvements thereon put by such owner or proprietor charged with such lien, but such building, erection, or improvement may be sold to satisfy said lien, and be moved, within twenty days after the sale thereof, by the purchaser.
SEC. 829. The liens aforesaid, or work, shall attach to the buildings, erections, or improvements for which they were furnished, or the work was done, in preference to any prior lien, or incumbrance, or mortgage upon the land upon which said buildings, erections, or improvements have been erected or put; and any person enforcing such lien may have such building, erection or improvement sold under execution, and the purchaser may remove the same within a reasonable time thereafter.
SEC. 830. Any person having a lien under or by virtue of this chapter may bring suit to enforce the same, and to obtain the benefits thereof, in the district court of the county wherein the property on which the lien is attached is situated, without regard to its amount. *
NotE.-The remaining sections of this act are not essential to the purpose of the quotation, to wit, the fact of the existence and extent of this class of liens.
ART. II.-Taration of mines.
1047. Annual statements of persons owning or working mines. 1050. Duty of assessor upon failure of owner to make statement. 1048. Credit for expenditures; improvements not exempt. 1051. Limitation to assessable value of mines, etc. 1049. Annual tax on net proceeds.
SECTION 1047. That every person, corporation, or association engaged in mining upon any quartz vein or lode, or placer-mining claim, containing gold, silver, copper, or lead, is hereby required, between the first and tenth days of August in each year, to make out a statement of the gross yield of the above-named metals from each of such mine or mines being owned or worked by such person, corporation, or association during the year next preceding the first day of August in each year, and the value thereof, which said statement shall be verified by the oath of such person, or the superintendent or managing agent of such corporation or association, and deliver the same to the assessor of the county in which such mine or mines are situated between the dates above mentioned. That said statement, verified as above provided, shall also contain a true and correct amount of the actual expenditures of money and labor in and about extracting such ore, the reduction thereof, and the conversion of the bullion derived therefrom into money or its equivalent during such year. SEC. 1048. That in making the statement of the expenditures mentioned in the foregoing section such person, corporation, or association shall be allowed to include therein all sums of money that have been expended for necessary labor, machinery, supplies of every kind and character needed and used in his or its mining operations, for improvements actually necessary in and about the working of such mine or mines, reducing the ores therefrom, and expended in and about the construction of mills or reduction-works used and operated in connection with said mine or mines for the purpose of reducing and extracting the precious metals therefrom, and shall not include any money invested in said mines or improvements made on the same during any year except the year immediately preceding such statement: Provided, That nothing herein contained shall exempt such improvements, mills, reduction-works, and supplies from taxation as now provided by law: Provided, That the expenditures referred to herein shall not include the salaries, or any portion thereof, of the officers of any corporation not actually engaged in the working of such mine or mines, or personally superintending the management thereof. SEC. 1049. That a tax shall be levied annually upon the net proceeds of all mines above named, such net proceeds to be ascertained and determined in the manner provided in the foregoing sections of this article; and that such tax shall be collected and the payment thereof enforced as now provided by law for the collection of other taxes. SEC. 1050. That if any person, corporation, or association engaged in the kind of mining named in this article shall refuse or neglect to make and deliver to the assessor of the county where his or their mines are situated the statement mentioned in sections 1047 and 1048 of this article, during the time herein specified, the assessor of such county is hereby authorized and empowered, and it is hereby made his duty, to proceed to fix and assess, according to his best knowledge and information, the amount upon which the tax mentioned in section 1049 of this article shall be levied, in the manner now provided by law relating to the assessment of other property, and shall add a like penalty of twenty per centum.to the amount and value thereof. SEC. 1051. That from and after the passage of this article no direct tax shall be levied upon any placer-claim, quartz-lead, or lode except to the extent of the price paid for any mining-claim in obtaining patent therefor from the government of the United States, and the only taxation of the proceeds thereof shall be that provided in this article: Provided, That this article shall not be so construed as to exempt from taxation improvements consisting of buildings, erections, or machinery placed upon any quartz-lead or lode or used in connection therewith: Provided further, That the assessor shall, at the time of assessing any person, firm, corporation, or association, have the power to examine the books and accounts of said person, firm, corporation, or association, to fully satisfy said assessor that he has been furnished with a truthful report; and if satisfied from such examination that the report is false, he shall assess the same at the true amount of the net proceeds, so near as he can arrive at the same: Provided, That no one, by virtue of the provisions of this article, shall be deprived of his right to appear before the proper board of equalization as other taxpayers under existing laws.
CHAP. II.-FORCIBLE ENTRY AND UNLAWFUL DETAINER.
696. Forcible entry and detainer, what constitutes. 705. If jury cannot agree.
703. Trial. 712. Amendments to complaint.
SEC. 696. No person or persons shall hereafter make any entry into lands, tenements, or other possessions, or by entering upon any gulch mining-claim, or quartz-lode mining-claim, or other mining-claim, in the temporary absence of the party or parties in possession, or by entering peaceably, and the turning out by force, or frightening by threats, or other circumstances of terror, the party or parties out of possession, and detain and hold the same. In every such case the person so offending shall be deemed guilty of a forcible entry and detainer within the meaning of this act; but not in cases where entry is given by law, and in such cases not with strong hand nor with multitude of people, but only in a peaceable manner; and if any person from henceforth do the contrary, and thereof be duly convicted, he shall be punished by fine. SEC. 697. Any justice of the peace shall have authority to inquire as hereinafter directed, as well as against those who make unlawful or forcible entry into lands, tenements, or other possessions, and detain the same, as against those who, having lawful and peaceable entry into lands, tenements, or other possessions, unlawfully detain the same; and if it be found, upon such inquiry, that an unlawful or forcible entry hath been made, or that the said lands, tenements, or other possessions, after a lawful entry, are held unlawfully, then such justice shall cause the party complaining to have restitution thereof. SEC. 698. When any complaint shall be made in writing to any justice of the peace of any such unlawful or forcible entry or unlawful detainer, said justice shall issue a summons, directed to the sheriff or any constable of the county, commanding him to summon the person or persons against whom such complaint shall have been made to appear before said justice on a day named in the summons, which shall not be more than ten days from the issuing of such summons, and at the place therein mentioned. SEC. 699. Such summons shall be served upon the person or persons against whom the same is issued as other summons are served issued by a justice, at least four days before the return day thereof, and the officer serving the same shall make return of the time and manner of such service. SEC. 700. After the return of the summons, served as hereinbefore provided, and at the time and place appointed in said summons, the justice shall proceed to hear and determine said complaint, unless either party demand a jury, in which case a jury shall be summoned in the same manner and on the same terms, and the trial shall be had as in other cases of trial by jury before a justice. SEC. 701. If, at the time set for trial, the defendant, his agent, or attorney shall make oath that he cannot safely proceed to trial for want of some material witness, naming him, that he has made due exertion to obtain such witness or his testimony, and believes if an adjournment be allowed he will be able to procure the testimony of such witness, in which case, if such person or persons will give bond, with sufficient surety, conditioned to pay the said complainant for all rent that may accrue during the pending of such suit, and all costs and damages consequent upon such adjournment, the said justice shall adjourn said cause for such reasonable time as may appear necessary, not exceeding one month. SEC. 702. The testimony of any witness which may be considered necessary by either party may be taken in the same manner and with like effect as is provided for the taking of testimony in other cases in justices' courts. SEC. 703. On the trial the complainant shall only be required to show, in addition to the forcible entry or detainer complained of, that he was peaceably in actual possession at the time of the forcible entry, or was entitled to the possession of the premises at the time of the unlawful holding over. The defendant may show in his defense that he or his ancestors, or those whose interest in such premises he claims, have been in quiet possession thereof for the space of one whole year together next before the said inquisition, and that his interest therein is not yet ended or determined; and such showing shall be a bar to the prosecution; and in no case where the title to land is involved shall a justice of the peace have cognizance.
SEc. 704. If upon the trial upon any complaint under this act the justice or jury shall find the defendant or defendants, or either of them, guilty of the allegations of the complaint, said justice shall enter judgment for the complainant to have restoration of the premises, and shall impose such fine, not exceeding one hundred dollars, considering all the circumstances, as he may deem just, and shall tax the costs for the complainant, and may issue execution therefor; and the said justice shall award and issue a writ of restitution. But if the said justice or jury find that the person complained of is not guilty, the justice shall tax the costs against the complainant and issue execution therefor. SEC. 705. If the jury impaneled cannot agree upon a verdict, the justice may, with the consent of the parties, discharge them and issue a venire, returnable forthwith, or at some other time agreed upon by the parties. SEC. 706. In all cases of a verdict by the justice or jury for the complainant the damages shall be assessed as well for the waste and injury committed upon the premises as for the rents and profits during such detainer; and the verdict shall also find the monthly rents and profits of the said premises, and the complainant shall be entitled to recover treble damages against the person against whom the judgment has been rendered, which damages shall be assessed by the justice or jury, and when so assessed shall be trebled by said justice and entered as a judgment in the cause, upon which execution may issue. SEC. 707. When any person shall hold over any lands, tenements, or other possession, after the termination of the time for which they are demised or let to them, or to the person under whom they hold possession, or contrary to the covenants or conditions of the lease or agreement under which they hold, or after any rent shall become due according to the terms of the lease or agreement, and shall remain unpaid for the space of three days, in all such cases, if the lessor, his heirs, executors, administrators, assigns, agent, or attorney shall make demand in writing of such tenant that they shall deliver possession of the premises held as aforesaid, and if such tenant shall refuse or neglect for the space of three days after such demand to quit the possession of such lands or tenements, or to pay the rent thereof due and unpaid as aforesaid, upon complaint thereof to any justice of the peace of the proper county, the justice shall proceed to hear, try, and determine the same in the same manner as in other cases hereinbefore provided for, but shall impose no fine in any such case mentioned in this section. SEC. 708. The preceding section shall not extend to any person who has or who shall have continued in possession one year after the termination of the time for which the premises were demised, or leased, or let to them, or those under whom they hold possession, or to any person who continues in possession three years quietly and peaceably. SEC. 709. Every person summoned as a juror, or subpoenaed as a witness, who shall not appear, or who, appearing, shall refuse to serve or give evidence in any prosecution instituted under this act, shall forfeit and pay for every such default or refusal, to the use of the county, unless some reasonable cause be assigned, such fine, not exceeding twenty dollars, as the said justice shall think proper to impose, and execution may be issued therefor. SEC. 710. Appeals may be taken from all judgments rendered under this act to the district court, under the same rules and restrictions as to notice, appeal bond, and other matters, as are required on appeals from justices' courts in other cases; but in case such appeal be taken by the defendant, the undertaking shall contain an additional condition to the effect that he will pay to the plaintiff all rents, profits, and other damages that may accrue during the pendency of the appeal. If the appeal should be decided against him beyond the filing of the appeal bond, all proceedings shall be stayed. SEC. 711. Such appeals shall be tried in the district court as other appeals from justices' courts are tried. SEC. 712. Amendments to the complaint, answer, or other proceedings in matters of form only may be allowed by the justice or the district court, on appeal, at any time before judgment, upon such terms as may be just, and all matters of excuse, justification, or evidences of allegations in the complaint may be given in evidence under the answer. SEC. 713. All rules and regulations relating to trial before justices of the peace in other cases, and not inconsistent with the provisions of this title, shall be applicable, and be observed in trials arising under this title.
CHAP. XVIII.-MISCELLANEOUS PROVISIONS.
* + +. + * + + * +
SECTION 461. In all cases when a person shall be arrested for any criminal offense, his real estate and miningclaims shall be liable for the payment of any judgment imposing any fine or costs upon such person, and such judgment shall be a lien on such real estate or mining-claims from the time of such arrest.
SEC. 462. The real estate and mining-claims of all persons who sign or enter into any recognizance for the appearance of any person charged with any criminal offense shall, if such recognizance be forfeited, be liable for the payment of any judgment which may be recovered thereon, and such judgment is hereby declared to be a lien upon such property from date of recognizance. Nothing in either of the above sections shall be construed so as to prohibit the issuing of execution and the enforcing of the collection thereof out of any other property of the
defendant's than above enumerated.—(Rev. Stats., 1879, p. 343.) * * +
o * * * * &
CHAP. XI.-OFFENSES COMMITTED BY CHEATS, SWINDLERS, AND OTHER FRAUDULENT PERSONS.
SECTION 167. If any owner, manager, or agent of any species of quartz-mill, arrastra, furnace, or cupel employed in extracting gold from quartz, pyrites, or other minerals, who shall neglect or refuse to account for or pay over and deliver all the proceeds thereof to the owner of such quartz, pyrites, or other minerals, excepting such portion of said proceeds as he is entitled to in return for his services, he shall, on conviction, be fined in any sum not exceeding one thousand dollars, or imprisoned not more than one year, or both, at the discretion of the court, for cach such offense.-(Rev. Stats., 1879, p. 386.)
CODE OF CIVIL PROCEDURE.
CHAP. I.—THE EXECUTION.
TITLE IX.--Of the execution of the judgment in civil actions.
SECTION 310. The following property shall be exempt from execution, except as herein otherwise provided;
Second. To a mechanic or artisan: Tools or implements necessary to carry on his trade.
Fifth. To a miner: His cabin or dwelling, not exceeding in value the sum of five hundred dollars; also, his sluices, pipes, hose, windlasses, derrick, cars, puinp, 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 one horse, male, or two oxen, with their harness, and food for such horse, mule, or oxen for three months, when necessary to be used for any whim, windlass, derrick, car, pump, or hoisting gear.-(Rev. Stats., 1879, p. 97.)
EXTRAORDINARY SESSION, 1879.
AN ACT concerning foreign incorporations. (Approved July 22, 1879, p. 8.) SECTION 1. That all foreign incorporations or joint-stock companies, organized under the laws of any state or territory of the United States, or by virtue of any special act or acts of the legislative assembly of any such state or territory, or of any foreign government, shall, before doing business of any kind, nature, or description whatever within this territory, file in the office of the secretary of the territory, and in the office of the county recorder of the county wherein they intend to carry on or transact business, a duly-authenticated copy of their charter or certificate of incorporation, and also a statement, to be verified by the oath of the president and secretary of such incorporation, and attested by a majority of its board of directors, showing:
First. The name of such incorporation and the location of its principal office or place of business without this territory; and if it is to have any place of business or principal office within this territory, the location thereof.
Second. The amount of its capital stock.
Fifth. The amount of the assets of the incorporation, and of what (the) assets consist, with the actual cash value thereof.
Sixth. The liabilities of such incorporation, and if any of its indebtedness is secured, how secured, and upon what property. Such incorporation or joint-stock company shall also file, at the same time and in the same offices, a certificate under the seal of the corporation, and the signature of its president, vice-president, or other acting head, and its secretary, if there be one, certifying that the said corporation has consented to be sued in the courts of this territory upon all causes of action arising against it in this territory, and that service of process may be made upon some person a citizen of this territory, whose name and place of residence shall be designated in such certificate, and that process, when so served upon such agent, shall be taken, deemed, and held to be as valid to all intents and purposes as if served upon the company in the state or territory under the laws of which it is organized.
SEC. 2. The written consent of the person so designated to act as such agent shall also be filed in like manner, and such designation shall remain in force until the filing in the same offices of a written revocation thereof, or of the consent, executed in like manner. The person designated may from time to time change his place of residence or office to some other place within the territory by a writing executed by him and filed in like manner. An exemplified copy of a designation so filed, accompanied with a certificate that it has not been revoked, is presumptive evidence of the execution thereof, and conclusive evidence of the authority of the officer executing it.