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SEC. 3. At the time of the commencement of the action the petitioner or petitioners shall pay, or cause to be paid, to the clerk of the district court the sum or amount of money so tendered to the defendant or defendants before the commencement of the action, and the same shall remain in the custody of the clerk for and on behalf of the defendant or defendants in said action, and subject to his or their acceptance until the said cause is tried and determined.
SEC. 4. Upon the trial of the cause either party shall be entitled, if demanded, to a trial by jury, as in civil cases at law, and upon the trial it shall be made satisfactorily to appear that said real estate or other property is necessary for the convenient and successful working of the mining-claim or ground mentioned in the petition, in order to entitle the plaintiff or plaintiffs in said action to recover; and, if said fact satisfactorily appear from the evidence, said court (if the same is tried without the intervention of a jury), or the jury before whom said cause is tried, shall proceed in the same action to assess and determine the value of said real estate or other property at the time of the institution of said action; and upon the payment of said sum or amount of money by the petitioner to the defendant or defendants in said action, or to the clerk of said court, for his or their use, said petitioner or petitioners shall be entitled to have and recover a judgment and decree of said court in its, his, or their favor, condemning said real estate or other property to his, its, or their own sole use and possession, and shall direct and decree that the defendant or defendants, or in their stead a commissioner (to be appointed for such purpose by the court), proceed to make, execute, acknowledge, and deliver to the plaintiff or plaintiffs in said action a deed or conveyance thereof.
SEC. 5. Costs in said action, except the costs of making, executing, and delivering the deed of conveyance, shall abide the event of the suit, as in other cases: Provided, however, That in case the value of the land or other property so condemned shall not exceed the sum shown to have been originally tendered therefor, the defendant or defendants shall be liable for the costs of said action.
SEC. 6. The practice in actions brought under this act shall be governed by the same rules as other civil actions at law, except as is otherwise provided in this act.
AN ACT to provide for the conveyance of mining-claims. (Approved December 12, 1862; Comp. Laws, vol. 1, p. 96.) SECTION 1. Conveyance of mining-claims shall hereafter require the same formalities and be subject to the same rules of construction as the transfers and conveyances of other real estate.
SEC. 2. All conveyances of mining-claims heretofore made by bills of sale or other instruments in writing, with or without seals, recorded or unrecorded, shall be construed in accordance with the lawful local rules, regulations, and customs of the miners in the several mining districts of this territory, and, if heretofore regarded valid and binding in such districts, shall have the same force and effect between the parties thereto, as prima-facie evidence of sale, as if such conveyances had been made by deed under seal.
SEC. 3. The location and transfers of mining-claims heretofore made shall be established and proved in contestation before courts by the local rules, regalations, or customs of the miners in the several mining districts of the territory in which such location and transfers were made.
AN ACT concerning records now in the custody of county recorders of this state. . (Approved February 20, 1873; Sess. Laws, 1873, p.
63; Comp. Laws, vol. 1, p. 102.) SECTION 1. All instruments of writing relating to mining-claims now copied into books of mining or other records now in the office of the county recorders of the several counties of this state shall, after the passage of this act, be deemed to impart to subsequent purchasers and incumbrancers, and all other persons whomsoever, notice of the contents thereof: Provided, That nothing herein contained shall be construed to affect any rights heretofore acquired or vested.
SEC. 2. Copies of the records of all such instruments mentioned in section one of this act, duly certified by the recorder in whose cus dy such records are, may be read in evidence under the same circumstances and rules as are now or may hereafter be provided by law for using copies of instruments relating to mining-claims or real estate, duly executed or acknowledged, or proved and recorded.
AN ACT concerning conveyances of mining locations and claims by minors. (Approved Febrnary 27, 1869 ; Sess. Laws, 1869, p. 96;
Comp. Laws, vol. 1, p. 101.) SECTION 1. In all cases in this state, since the first day of July, A. D. eighteen hundred and sixty-seven, where minors over the age of eighteen years have sold interests acquired by them in mining-claims or locations by virtue of their having located such claims, or having been located therein by others, and have executed deeds purporting to convey such interests, such deeds, if otherwise sufficient in law, shall be held valid and sufficient to convey such interest fully and completely, notwithstanding the minority of the grantor, and without any power or right of subsequent revocation: Procided, That this section shall not apply to cases where any fraud was practiced upon such minor, or any undue or improper advantage was taken by his purchaser or any other person to induce such minor to execute such deed: And provided further, That this section shall not apply to or affect any suits which may now be pending in any courts of this state in which the legality or validity of such deeds may be involved.
SEO. 2. All minors in this state over the age of eighteen years are hereby authorized and empowered to sell and convey by deed such interests as they may have acquired, or may hereafter acquire, in mining-claims or mining locations within this state, by virtue of locating the same, or being located therein, and such deed shall, if otherwise sufficient in law, be held valid and sufficient to convey such interest fully and completely, and without the right of subsequent revocation, notwithstanding the minority of the grantor, subject, however, to the same provisions and limitations contained in the first section of this act.
AN ACT defining the time of commencing civil actions. (Approved November 21, 1861; Sess. Laws, 1861, p. 26; Comp. Laws, vol 1, p. 243.)
SECTION 4. No action for the recovery of mining-claims or for the recovery of the possession thereof sball be maintained unless it appear that the plaintiff or those through or from whom he claims were seized or possessed of such mining-claim or were the owners thereof, according to the laws and customs of the district embracing the same, within two years before the commencement of such action. Occupation and adverse possession of a mining. claim shall consist in holding and working the same in the usual and customary mode of holding and working similar claims in the vicinity thereof. All the provisions of this act which apply to other real estate, so far as applicable, shall be deemed to include and apply to mining.claims: Provided, That in such application “two years" shall be held to be the period intended whenever the term "five years" is used : And provided further, That when the terms "legal title" or "title" are used, they shall be held to include title acquired by location or occupation, according to the usages, laws, and customs of the district embracing the claim.
AN ACT concerning the determination of conflicting rights to mining-claims in certain cases. (Approved February 10, 1873; Sess. Laws,
1873, p. 50; Comp. Laws, vol. 1, p. 452.) SECTION 1. In all actions brought to determine the right of possession of a mining-claim or metalliferous vein or lode, where an application has been made to the proper officers of the government of the United States by either of the parties to such action for a patent for said mining-claim, vein, or lode, it shall only be necessary, to confer jurisdiction on the court to try said action and render a proper judgment therein, that it appear that an application for a patent for such mining-claim, vein, or lode has been made, and that the parties to said action are claiming such mining-claim, vein, or lode, or some part thereof, or the right of possession thereof.
CHAP. X.-OF POSSESSORY ACTIONS.
Sess. Laws, 1865, p. 343; Comp. Laws, vol. 1, p. 25.)
CHAP. XIV.-OF SECURITY FROM DANGER FROM EXCAVATIONS.
Laws, 1866, p. 59; Comp. Laws, vol. 1, p. 39.)
Sec. 109. Safeguards to be erected.
112. What notice sball require; liable to fino in addition to judg110. Notice of violation of preceding section may be filed; what no
ment. tice shall state.
113. Suits to be in the name of the state. 111. Upon filing notice, the justice or judge to issue an order, etc. 114. County commissioners shall fence abandoned excavations; ex
penses, how paid. (109.) SECTION 1. Any person or persons, company, or corporation who shall hereafter dig, sink, or excavate, or cause the same to be done, or being the owner or owners, or in the possession under any lease or contract, of any
shaft, excavation, or hole, whether used for mining or otherwise, or whether dug, sunk, or excavated for the purposo of mining, to obtain water, or for any other purpose, within this state, shall, during the time they may be employed in digging, sinking, or excavating, or after they may have ceased work upon or abandoned the same, erect or cause to be erected good and substantial fences or other safeguards and keep the same in good repair around such works or shafts, sufficient to securely guard against danger to persons and animals from falling into such shafts or excavations.
(110.) SEC. 2. Any person, being a resident of the county and knowing or having reason to believe that the provisions of section one of this act are being or have been violated within such county, may file a notice with any justice of the peace or police judge therein, which notice shall be in writing, and shall state: First, the location, as near as may be, of the hole, excavation, or shaft; second, that the same is dangerous to persons or animals, and has been left or is being worked contrary to the provisions of this act; third, the name of the person or persons, company, or corporation who is or are the owners of the same, if known, or if unknown, the persons who were known to be employed therein ; fourth, if abandoned and no claimant; and, fifth, the estimated cost of fencing or otherwise securing the same against any avoidable accidents.
(111.) SEC. 3. Upon the filing of the notice, as provided for in the preceding section, the justice of the peace or judge of the police court shall issue an order, directed to the sheriff of the county or to any constable or city marsbal therein, directing such officer to serve a notice, in manner and form as is prescribed by law for service of summons, upon any person or persons or the authorized agent or agents of any company or corporation named in the notice on file, as provided in section two of this act.
(112.) SEC. 4. The notice thus served shall require the said persons to appear before the justice or judge issuing the same, at a time to be stated therein, not more than ten nor less than three days from the service of said notice, and show, to the satisfaction of the court, that the provisions of this act have been complied with, or if he or they fail to appear, judgment will be entered against him or them for double the amount stated in the notice on file; and all proceedings had therein shall be as prescribed by law in civil cases; and such persons, in addition to any judgment that may be rendered against them, shall be liable and subject to a fine not exceeding the sum of one hundred dollars for each and every violation of the provisions of this act, which judgments and fines shall be adjudged and collected as provided for by law.
(113.) SEC. 5. Suits commenced under the provisions of this act shall be in the name of the state of Nevada, and all judgments and fines collected shall be paid into the county treasury for county purposes.
(114.) SEC. 6. If the notice filed with the justice of the peace or police judge, as aforesaid, shall state that the excavation, shaft, or hole has been abandoned, and no person claims the ownership thereof, said justice of the peace or judge shall notify the board of county commissioners of the county, or either of them, of the location of the same, and they shall, as soon as possible thereafter, cause the same to be so fenced or otherwise guarded as to prevent accidents to persons or animals; and all expenses thus incurred shall be paid, first, out of the fines and judgments collected in accordance with the provisions of this act, as other county expenses : Provided, That nothing herein contained shall be so construed as to compel the county commissioners to fill up, fence, or otherwise guard any shaft, excavation, or hole unless in their discretion the same may be considered dangerous to persons or animals.
CHAP. XVI.-OF THE PROTECTION OF MINES AND MINING-CLAIMS. AN ACT for the protection of mines and mining-claims. (Approved December 17, 1862; Sess. Laws, 1862, p. 33; Comp. Laws, vol. 1, p. 41.) Sec.
Seo. 117. Actions for injuries sustained by mismanagement of adjacent 119. Survey may be applied for; what affidavit shall state; notico companies.
of application, and how served; order of coart; costs. 118. Lien of judgment and continuation thereof.
(117.) SECTION 1. Any person or persons, company, or corporation, being the owner or owners of or in possession, under lease or contract, for the working of any mine or mines within the territory of Nevada, shall have the right to institute and maintain an action, as provided by law, for the recovery of any damages that may accrue by reason of the manner in which any mine or mines have been or are being worked and managed by any person or persons, company, or corporation who may be the owner or owners or in the possession of and working such mine or mines under a lease or contract, and to prevent the continuance of the working and managing of such mine or mines in such manner as to hinder, injure, or by reason of tunnels, shafts, drifts, or excavations, the mode of using, or the character and size of the timbers used, or in anywise endangering the safety of any mine or mines adjacent or adjoining thereto.
(118.) SEC. 2. Any judgment obtained for damages under the provisions of this act shall become a lien upon all the property of the judgment debtor or debtors not exempt from execution in the territory of Nevada, owned by him, her, or them, or which may afterwards be acquired, as is now provided for by law, which lien shall continue two years, unless the judgment be sooner satisfied.
(119.) SEC. 3. Any person or persons named in the first two sections of this act shall have the right to apply for and obtain from any district court, or the judge thereof, within this territory, an order of survey, in the following manner: An application shall be made by filing the affidavit of the person making the application, which affidavit shall state, as near as can be described, the location of the mine or mines of the parties complained of, and, as far as known, the names of such parties; also the location of the mine or mines of the parties making such application, and that he has reason to believe, and does believe, that the said parties complained of, their agent, or employés are or have been trespassing upon the mine or mines of the party complaining, or are working their mine in such manner as to damage or endanger the property of the affiant. Upon the filing of the affidavit as aforesaid, the court or judge sball cause a notice to be given to the party complained of, or the agent thereof, which notice shall state the time, place, and before whom the application will be heard, and shall cite the party to appear in not less than five nor more than ten days from the date thereof, to show cause why an order of survey should not be granted; and, upon good cause shown, the court or judge shall grant such order, directed to some competent surveyor or surveyors, or to some competent mechanics, or miners, or both, as the case may be, who shall proceed to make the necessary examination as directed by the court, and report the result and.conclusions to the court, which report shall be filed with the clerk of said court. The costs of the order and survey shall be paid by the persons making the application, unless such parties shall subsequently maintain an action and recover damages, as provided for in the first two sections of this act, by reason of a trespass or damage done or threatened prior to such survey of examination having been made; and in that case such costs shall be taxed against the defendant as other costs in the suit. The parties obtaining such survey shall be liable for any unnecessary injury done to the property in the making of such survey.
CHAP. CXIV.-OF THE FORMATION OF CORPORATIONS.
Sec. 3389. Purposes for which corporations may be formed; proviso. 3403. Not to issue bills, etc. 3390. Formation.
3404. Trustees shall keep book for names of members. 3391. Evidence of incorporation.
3405. Penalty for making false entry. 3392. Powers and privileges.
3406. Change in capital stock. 3393. Board of trustees.
3407. 'How made. 3394. Corporation not dissolved by failureto elect trustees; duty of 3408. Same.
officers when majority of trustees fail to qualify, etc. 3409. Powers of trustees after dissolution of coinpany. 3395. Quorum.
3410. Dissolution, how effected. 3396. First meeting.
3411. Removal of place of business. 3397. Transfer of stock.
3412. Capital stock. 3398. Powers of trustees; assessments; notice; sale of shares; public 3413. To be governed by district mining laws; proviso. auction.
3414. Trustees to convey property in dissolution of corporation. 3399. Stocks held by executors.
3415. Acts repealed. 3400. Pledge of stocks.
3416. Corporations may become stockholders. 3401. Capital stock not to be reduced, etc.; proviso.
3417. Illegal acts of corporations made valid. 3402. Debts not to exceed amount of stock paid in ; trustees liable 3418. Not to impair vested rights.
for excess. AN ACT to provide for the formation of corporations for certain purposes. (Approved March 10, 1865; Sess. Laws, 1865, p. 359; Comp.
Laws, vol. 2, p. 272.) (3389.) SECTION 1. Corporations for manufacturing, mining, milling, ditching, mechanical, chemical, building, navigation, transportation, farming, banking, hotel and inn keeping, and ore-reduction purposes, or for the purpose of engaging in any other species of trade, business, or commerce, foreign or domestic, may be formed according to the provisions of this act, such corporations, and the members thereof, being subject to all the conditions and liabilities herein imposed, and to none others: Provided, That nothing in this section shall be so construed as to authorize the formation of banking corporations for the purpose of issuing or circulating money or currency within this state, except the federal currency and the notes of banks authorized under the laws of the Congress of the United States; nor shall bank notes or paper of any kind be permitted to circulate as money in this state, other than the federal currency and the notes of banks authorized by the laws of the Congress of the United States. NOTE.—
This act was amended February 27, 1869 (Sess. Laws, 1869, p. 95). (3390.) SEC. 2. Any three or more persons who may desire to form a company for any one or more of the purposes specified in the preceding section may make, sign, and acknowledge before some person competent to take the acknowledgment of deeds, and file and have recorded in a book provided for that purpose, in the office of the clerk of the county in which the principal place of business of the company is intended to be located, and a certified copy, under the hand of the clerk and the seal of the court of said county, in the office of the secretary of state, a certificate, in which shall be stated the corporate name of the company, the object for which the same shall be formed, the amount of its capital stock, the time of its existence-not to exceed fifty years—the number of shares of which the capital stock shall consist, the number of trustees, and their names, who shall manage the concerns of the company for the first six months, and the name of the city, town, or locality, and county in which the principal place of business of the company is to be located.
(3391.) SEC. 3. A copy of any certificate of incorporation filed in pursuance of this act, and certified by the county clerk of the county in which it is filed, or his deputy, or by the secretary of state, shall be received in all the courts and places as prima-facie evidence of the facts therein stated.
(3392.) SEC. 4. When the certificate shall have been filed, the persons who shall have signed and acknowledged tho same, and their successors, shall be a body corporate and politic, in fact and in name, by the name stated in their certificate, and by their corporate name have succession for the period limited, and power: First. To sue and be sued in any court having competent jurisdiction. Second. To make and use a common seal, and to alter the same at pleasure. Third. To appoint such officers, agents, and servants as the business of the corporation shall require; to define their powers, prescribe their duties, and fix their compensation. Fourth. To require of them such security as may be thought proper for the fulfillment of their duties, and to remove them at will, except that no trustee shall be removed from office unless by a vote of a majority of the stockholders, as hereinafter provided. Fifth. To purchase, hold, sell, and convey such real and personal estate as the purposes of the corporation shall require. Sixth. To make by-laws, not inconsistent with the constitution of this state or Constitution of the United States. Seventh. The management of its property, the regulation of its affairs, the transfer of its stock, and for carrying on all kinds of business within the objects and purposes of the company, as expressed in its articles of incorporation. Every corporation in this state shall have the power, whenever, at any assessment sale of the stock of said corporation no person will take the stock and pay the assessment thereon, to purchase such stock and hold the same for the benefit of the corporation. All purchases of its own stock by any corporation in this state which have been previously made at assessment sales whereat outside parties have failed to bid, and which purchases were for the amount of assessments due, and costs, or otherwise, shall be held valid, and as vesting the legal title to the same in said corporation. The stock so purchased shall be held subject to the control of the remaining stockholders, who may make such disposition of the same as they may deem fit. Whenever any portion of the capital stock of any corporation is held by the said incorporation by purchase, a majority of the remaining shares of stock in said incorporation shall be held to be a majority of the shares of the stock in said incorporated company for all purposes of election or voting on any question before a stockholders' meeting.
(3393.) SEC. 5. The corporate powers of the corporation shall be exercised by a board of not less than three trustees, who shall be stockholders in the company, who shall, before entering upon the duties of their office, respectively take 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 selected, be annually elected by the stockholders, at such time 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 own or represent by proxy shares of stock, and the person or persons receiving the greatest number of votes shall be trustee or trustees. It shall be competent at any time for two-thirds of the stockholders of any corporation organized under this act to expel any trustee from office, and to elect another to succeed him. In all cases where a meeting of the stockholders is called for the purpose of expelling a trustee and electing his successor, such notice shall be given of the meeting as the by-laws of the company may require. 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.
(3394.) SEC. 6. If it shall happen at any time that an election of trustees shall not be had on the day designated by the by-laws of the company, the corporation shall not for that reason be dissolved, but it shall be lawful on any other day to hold an election for trustees, in such manner as shall be provided for in the by-laws of the company, and all acts of the trustees shall be valid and binding on the company until their successors shall be elected. Whenever a majority of any newly-elected board of trustees shall fail to qualify and file in the office of the company their oath of office within thirty days from the day of their election, it shall be the duty of any officer of the company, upon the request of owners in said company representing not less than one-third of the capital stock of the corporation owned in the company, to call a meeting of the stockholders of said company, which meeting, when assembled, shall have power to elect trustees to supply the place of those who have failed to qualify; but such trustees may qualify and enter upon the duties of their office at any time after the said thirty days, if such meeting for a new election shall not have been called.
NOTE.-This act was amended February 24 (Stats. 1866, p. 79).
(3395.) SEC. 7. A majority of the whole number of trustees shall form a board for the transaction of business, and every decision of a majority of the persons duly assembled as a board shall be valid as a corporate act.
(3396.) SEC. 8. The first meeting of the trustees shall be called by a notice, signed by one or more of the persons named trustees in the certificate, setting forth the time and place of the meeting; which notice shall be either delivered personally to each trustee or published at least twenty days in some newspaper of the county in which is the principal place of business of the corporation, or if no newspaper be published in the county, then in some newspaper nearest thereto in the state.
(3397.) SEC. 9. Whenever the capital stock of any corporation is divided into shares, and certificates thereof are issued, the stock of the company shall be deemed personal estate. Such shares may be transferred by indorsement and delivery of the certificate thereof, such indorsement being by the signature of the proprietor, or his or her attorney or legal representative; but such transfer shall not be valid, except between the parties thereto, until the same shall