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by the judgment debtor or his agent at the time of the levy, or as soon thereafter, before sale thereof, as the same shall be known to him, and not otherwise:
3. The tools, implements, apparatus, team, vehicle, harness, or library necessary to enable any person to carry on the trade, occupation, or profession by which such person habitually earns his living, to the value of four hundred dollars. Also sufficient quantity of food to support such team, if any, for sixty days. The word team in this subdivision, shall not be construed to include more than one yoke of oxen, or a pair of horses or mules, as the case
CHAP. XXIII.-OF FORCIBLE ENTRY AND DETAINER. (Gen. Laws, p. 613.)
SECTION 16. In an action to recover the possession of any land, tenement, or other real property, where the entry is forcible, or where the possession thereof is unlawfully held by force, the merits of the title shall not be inquired into; and three years' quiet possession of the premises immediately preceding the commencement of such action by the party in possession, or those under whom he holds, may be pleaded in bar thereof, unless the estate of such party in the premises is ended.
CHAP. XXIV.-OF FOREIGN CORPORATIONS DOING BUSINESS IN THIS STATE. (Gen. Laws, p. 616.)
SECTION 7. A foreign corporation, before transacting business in this state, must duly execute and acknowledge a power of attorney, and cause the same to be recorded in the county clerk's office of each county where it has a resident agent, which power of attorney, so long as such company shall have places of business in the state, shall be irrevocable, except by the substitution of another qualified person for the one mentioned therein as attorney for such company.
SEC. 8. Such power of attorney shall appoint some person who is a citizen of the United States, and a citizen and resident of this state, an attorney for such company, and shall authorize and empower such attorney to accept service of all writs and process requisite and necessary to give complete jurisdiction of such corporation to any of the courts of this state, or United States courts therein, and shall constitute such attorney the authorized agent of such corporation, upon whom lawful and valid service may be made of all writs and process in any action, suit, or proceeding commenced by or against any such corporation in any of the courts mentioned in this section, and necessary to give such courts complete jurisdiction thereof.
CHAP. XXXII.-OF THE LIENS OF MECHANICS, LABORERS, AND OTHERS, AND THEIR ENFORCEMENT. (Gen.
Laws, p. 653.)
TITLE I.-Of liens on buildings. SECTION 1. That any person who shall hereafter, by virtue of any contract with the owner of any building, or with the agent of such owner, perform any labor upon, or furnish any materials, engine, or machinery for, the construction or repairing of such building, shall, upon filing the notice prescribed in the next section, have a lien upon such building and the lot of ground upon which the same is situated for such labor done or materials, engine, or machinery furnished, when the amount shall exceed twenty dollars.
SEC. 2. Any person wishing to avail himself of the provisions of this title, whether his claim be due or not, shall file in the county clerk's office of the county in which such building is situated, at any time within three months after the completion of such building or repairs, a notice of his intention to hold a lien upon such building for the amount due, or to become due, specifically setting forth such amount, and containing a description of the building upon which the labor was performed, or for which the materials, engine, or machinery were furnished; which notice shall be recorded by the county clerk in a book kept for that purpose.
SEC. 3. Such lien shall cease to exist at the expiration of one year after the completion of the building or repairs, unless before that time an action to enforce the same shall have been commenced in the circuit court of the county in which the premises are situated by the person having such lien, against the owner with whom or with whose agent the contract was made, unless such claim be not due at the expiration of one year after such completion, in which case the action shall be commenced within three months after the same shall have become due.
SEC. 7. The liens created in pursuance of the provisions of this title shall have precedence over all other liens after the commencement of the building; and if, upon a sale of the premises by execution, the proceeds be insufficient to pay all such liens, the court shall order them to be paid in proportion to the amount respectively due to each, and any other property of the defendant not exempt from execution may be sold to satisfy such execution.
SEC. 8. The liens against any building shall also extend to the lot of ground upon which such building is erected, not exceeding one-half of an acre in extent, if the land shall have been, at the time of erecting such building, the property of the person who shall have caused the same to be erected. The metes and bounds of such lot may be determined by the parties, or if they cannot agree upon the same, the court at any time after the rendition of judgment may appoint one or more referees to determine such boundaries.
SEC. 11. Any subcontractor, journeyman, or laborer employed in the construction or repairing of any building, or in furnishing any materials or machinery for the same, may give the owner thereof notice in writing, particularly setting forth the amount of his claim, and the service rendered, for which his employer is indebted to him, and that he holds the owner responsible for the same; and the owner of the building shall be liable for such claim, if indebted to the employer to the amount; if not, then for the amount due from him to said employer at the time such notice was served, which claim or amount may be recovered by an action against the owner, if brought within one year after the completion of the building or the repairs.
SEC. 12. Whenever any subcontractor, journeyman, or laborer shall recover any such claim from the owner of the building, the same may be set off by such owner in any action brought against him by the person who otherwise would be entitled to recover the same under the contract.
CHAP. LVII.—OF ASSESSMENTS OF PROPERTY AND THE LEVY AND COLLECTION OF TAXES. (Gen. Laws, p. 748.)
TITLE I.--Of property and polls subject to assessment and taxation.
SECTION 4. The following property shall be exempt from taxation :
AN ACT to amend sections 5, 17, and 22 of title I of chapter VII of the miscellaneous laws of Oregon, as compiled by Matthew P. Deady
and Lafayette Lane. (Approved October 21, 1878; Sess. Laws, 1878, p. 90.) SECTION 1. That section 5 of chapter VII be amended to read as follows:
“SEC. 5. Upon making and filing of the articles of incorporation, as herein provided, the persons subscribing the same are incorporators, and authorized to carry into effect the objects specified in the articles in the manner provided in this chapter, and they and their successors, associates, and assigns, by the name assumed in such articles, shall hereafter be deemed a body corporate, with power:
“1. To sue and be sued.
“4. To purchase, possess, and dispose of such real and personal property as may be necessary and convenient to carry into effect the objects of the incorporation, and to take, hold, and possess and dispose of all real and personal property donated to such corporation by the United States, or by any state, territory, county, city, or other municipal corporation, or by any person, firm, association, or private corporation, for the purpose of aiding the objects of such corporation.
45. To appoint such subordinate officers and agents as the business of the corporation, and prescribe their duties and compensation.
“6. To make by-laws, not inconsistent with any existing law, for the sale of any portion of its stock for delinquent or unpaid assessments due thereon, which sale may be made without judgment or execution : Provided, That no such sale shall be made without thirty days' notice of time and place of sale, in some newspaper in circulation in the neighborhood of such company, for the transfer of its stock, for tho management of its property, and for the general regulation of its affairs".
SEO. 2. That section 17 be amended so as to read as follows:
“SEC. 17. All corporations that expire by the limitations specified in their articles of incorporation, or are dissolved by virtue of the provisions of section 19 of this act, or are annulled by forfeiture, or other cause, by the judgment of a court, continue to exist as bodies corporate for a period of five years thereafter, if necessary, for the parpose of prosecuting or defending actions, suits, or proceedings by or against them, settling their business, disposing of their property, and dividing their capital stock, but not for the purpose of continuing their corporate business".
SEC. 3. That section 22 be amended so as to read as follows:
"SEC. 22. The directors of any corporation may file supplementary articles (articles) of incorporation at any time when a three-fourths vote of all the stock subscribed shall so determine for the purpose of engaging in any business cognate or germane to the original objects or primary purpose of said corporation, not in violation of law, or at any time when a seven-eighths vote of all the stock subscribed shall so determine, for the purpose of engaging in any new enterprise or pursuit, not in violation of law, or for the purpose of changing any part of their road or canal, or either terminus, or both, when not in violation of law, or any contract entered into by said corporation; the directors shall cause a notice to be published of the filing of such supplementary articles, setting forth the object of the same”.
AN ACT to amend section 1 of chapter XXXVIII of the miscellaneous laws of Oregon, pertaining to mines, as compiled by M. P. Deady
and L. F. Lane. (Approved October 25, 1880; Sess. Laws, 1880, p. 26.) SECTION 1. That section 1 of chapter XXXVIII of the miscellaneous laws of Oregon, pertaining to mines, as compiled by Matthew P. Deady and Lafayette Lane, be amended so as to read as follows: “That any person or company of persons establishing a claim on any quartz-lead containing gold, silver, copper, tin, or lead, or a claim or a vein of cinnabar, for the purpose of mining the same, shall be allowed to have, hold, and possess the land or vein, with all its dips, spurs, and angles, for the distance of fifteen hundred feet in length and three hundred feet in width on each side of such lead or vein".
SEC. 2. And be it further enacted, That all local laws and regulations now existing in the mining districts of this state that have not been made within two years next preceding the passage of this act shall be, and the same are hereby, declared null and void.
SEC. 3. And be it further enacted, That from and after the passage of this act any person, company, or corporation owning placer-claims composed of creek, bench, and hill-claims, joining, may represent the whole of said claims by working or mining on any one of the same.
SEC. 4. And be it further enacted, That from and after the passage of this act any person or persons, company, or corporation shall be allowed to represent his or their placer-claims, ditches, and water-rights as may best suit his or their convenience: Provided, That whenever any person, company, or corporation, being the owner of any placer-mining claim or claims, ditches, and water-rights, have or shall abandon the same, and who shall, for one year thereafter, cease to exercise ownership over said claims, ditches, and water-rights, shall be deemed to have lost all title, claim, or interest therein.
SEC. 5. And be it further enacted, That whenever any person, company, or corporation have or shall locate a placer-claim or claims in conformity to the act of Congress approved May 10, 1872, and the amendments thereto, the said claim or claims, together with all ditches and water-rights appurtenant to and connected with the same, shall not be subject to any local law or regulation of the mining district in which the same may be situated, but shall thereafter be subject only to the law governing real estate.
COMPILED LAWS OF 1876.
CHAP. X.-OF MINES AND MINING.
AN ACT to provide rules for the working and development of mines. (Approved February 16, 1872; Sess. Laws, 1872, p. 16; Comp.
Laws, p. 398.) SECTION 1. That any citizen of the United States, and any person who shall have declared his intention to become such, who shall hereafter discover any mineral deposit, lead, or lode bearing gold, silver, tin, platina, copper, or cinnabar, shall be entitled to one claim thereon by right of discovery and one claim by right of location : Provided, That no person shall be entitled to more than one claim by right of location on any one lead or lode.
SEC. 2. Any person or persons who shall willfully or maliciously tear down or deface a notice posted on any mining-claim, or take up or destroy any stake or monument marking any such claim, or interfere with any person lawfully in possession of said claim, or who shall alter, erase, deface, or destroy any record kept by a mining recorder, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five nor more than one hundred dollars, or by imprisonment for not less than ten days nor more than six months, or by both such fine and imprisonment. Justices of the peace in their respective counties shall have jurisdiction of such offenses.
SEC. 3. Any person wrongfully entering upon any mine or mining-claim and carrying away ores therefrom, or extracting and selling ores from any mine, being the property of another, shall be liable to the owner or owners of said ore for three times the value thereof, recoverable by an action at law; and should the plaintiff file his affidavit
that the defendant did unlawfully take such ores, the defendant may be arrested and held to bail, as in cases for the recovery of the possession of personal property unjustly detained.
SEC. 4. Any person or persons who shall perform any work or labor upon any mine, or furnish any materials therefor, in pursuance of any contract made with the owner or owners of such mine, or of any interest therein, shall be entitled to a miner's lien for the payment thereof upon all the interest, right, and property in such mine by the person or persons contracting for such labor or materials at the time of making such contract; said lien may be enforced in the same manner and with the same effect as a mechanic's lien, as provided by the laws of Utah.
AN ACT in relation to proving the records and mining rules and regulations of the mining districts of this territory, and for other
purposes. (Approved February 18, 1876; Comp. Laws, p. 399.) SECTION 1. That copies of notices of location of the mines, lodes, and veins, and of tunnel sites, recorded in the several mining districts, and of the mining rules and regulations in force in the several mining districts, in like manner recorded, shall be receivable in all the courts of this territory as prima-facie evidence of such notices, rules, and regulations: Provided, The recorder of the district shall certify under his hand and seal that such copies are full, true, and perfect copies from the records in his custody. The seal of office of the mining recorder so certifying, affixed to such certificate, shall be prima-facie evidence of the fact of the election and qualification and official character of such mining recorder.
SEC. 2. It shall be the duty of the county recorder of the several counties of this territory to record the mining rules and regulations of the several mining districts in their respective counties; and, when so recorded, certified copies thereof shall be received in all the courts of this territory as prima-facie evidence of such rules and regulations.
SEC. 3. The mining recorders of the several mining districts shall be allowed the same fees for recording and making copies of any records in their custody as are now allowed by law for like services to county recorders. And it shall be the duty of each mining recorder, upon request and payment or tender of the fees therefor, to make and deliver to any person requesting the same duly-certified copies of any records in his custody; and for a failure so to do, or for receiving larger fees for any such service than those herein provided, such mining recorder shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subjected to the same penalties provided against public officers in section twenty of the act entitled "An act to regulate fees and compensation for official and other services in the territory of Utah”, passed February 20, 1874.
SEC. 4. Recorders of mining districts shall, for the purposes of this act, be deemed public officers, and the records in their custody shall be deemed public records, and they are hereby required to keep an official seal.
NOTE.—This act was amended by act approved February 21, 1878.
AN ACT in relation to defrauding and cheating or swindling. (Approved Jannary 20, 1865; Comp. Laws, p. 338; Sess. Laws, 1865–66, p. 61.)
SECTION 1. That any person .in any manner knowingly a party to wrongfully conveying any land or landclaim, or improvement thereon, any bond, execution, or any other description of property, with intent to deceive or defraud, or to delay or defeat the payment of just debts, or who shall sell or exchange any description of property which he at the time knows is adulterated, damaged, or diseased, without first truly informing the purchaser concerning the actual condition or quality of said property, shall be deemed guilty of fraud, and shall, on conviction thereof, be fined not exceeding one thousand dollars, or be imprisoned in the county jail not exceeding one year, at daily hard labor, during customary hours, npon the streets, highways, and public works and buildings of the county: Provided, Such labor shall be performed with a ball and chain attached to a prisoner whenever the jailor deems it necessary; or both fine and imprisonment as aforesaid.
SEC. 2. Any person knowingly obtaining any property through any false pretense or representation, made by himself or at his instigation, shall be deemed a cheat or swindler, and shall, on conviction thereof, be fined or imprisoned, or both, as provided in the foregoing section for the punishment of fraud.
SEC. 3. Any person convicted under this act shall also be liable to make full restitution and pay all damages to the party aggrieved.
NOTE.—The above act was repealed by the “Act to establish a penal code”, approved February 18, 1876; but as section 1009 refers to this act, it is included in the compilation. See section 2229, compilation.
SEC. 399, PENAL CODE. The several acts of the governor and legislative assembly of this territory in this section mentioned be, and the same are hereby, repealed.
Second.— The act entitled "An act in relation to defrauding, cheating, and swindling”, approved January 20, 1865.
AN ACT supplementary to an act entitled "An act in relation to defrauding, cheating, or swindling", approved January 20, 1865.
( Approved February 20, 1874; Comp. Laws, p. 339; Sess. Laws, 1874, p. 12.) SECTION 1. That any person or persons who shall hereafter, for the purpose of selling any mining-claim or any interest therein, place in or upon such claim any ores or specimens of ores not extracted therefrom, or shall exhibit
any ores or certificate of assay of ore not extracted therefrom, with intent to deceive any person or persons by such artifice, or who shall obtain any money or property by such false pretense and artifice, and all persons who shall knowingly and willingly aid or abet such false pretense by furnishing ore or assays of ore for such purpose, or who shall procure or furnish any false sampling of ores, or who shall produce any false certificate of assay of any ores for such purpose, shall be deemed guilty of fraud, and shall, on conviction thereof in any court having competent jurisdiction, be punished as provided in said act to which this act is supplemental.
AN ACT limiting the time of commencing civil actions. (Approved February 16, 1872; Comp. Laws, p. 362; Sess. Laws, 1872, p. 18.)
SECTION 4. No action for the recovery of real property, or for recovery of the possession thereof, shall be maintained unless it appear that the plaintiff, his ancestor, grantor, or predecessor was seized or possessed of the premises in question within seven years before the commencement of such action.
SEC. 5. No cause of action or defense to an action founded upon the title to real property, or to rents or profits out of the same, shall be effectual unless it appear that the person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person was seized or possessed of the premises in question within seven years before the commencement of the act in respect to which such action is prosecuted or defense made.
SEC. 6. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property shall be presumed to have been possessed thereof within the time prescribed by law, and the occupation of the property by any other person shall be deemed to have been under and in subordination to the legal title, unless it appear that the property has been held and possessed adversely to such legal title for ten years before the commencement of the action.
Sec. 7. Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of the property under claim of title exclusive of any other right, founding such claim upon a written instrument as being a conveyance of the property in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the property included in such instrument, decree, or judgment, or of some part of the property under such claim, for five years, the property so included shall be deemed to have been held adversely, except that, where the property so included consists of a tract divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract.
CHAP. IV.-OF INCORPORATIONS FOR GENERAL PURPOSES. Sec. 529. Residence of corporators; purposes.
539. Officers to act until their successors are qualified. 530. Must enter into an agreement, and what it must contain; pro- 540. If officers qualify, they may continue to act, etc. viso; capital stock may be part in property.
541. Corporation to keep correct books. 531. The agreement must be acknowledged.
542. Stock personal property and transferable. 532. How officers to qualify.
543. Fraudulent practices punished. 533. Judge of probate to issue certificate.
544. Same. 534. Powers of the corporation.
545. Certificate of clerk. 535. Increase of capitalstock; corporations may consolidate; notice. 546. Non-user. 536. Corporation may be dissolved.
547. Meetings, votes, etc. 537. If corporation be dissolved, its affairs may be adjusted. 548. Liability of stockholders. 538. Corporation has lien.
549. Right to modify or repeal reserved. AN ACT providing for incorporating associations for mining, manufacturing, commercial, and other industrial pursuits. (Approved
February 18, 1870; Comp. Laws, p. 226; Sess. Laws, 1870, p. 136.) (529.) SECTION 1. That hereafter, whenever any number of persons, not less than six, one-third of whom being residents of this territory, are desirous of associating themselves together for establishing and conducting any mining, manufacturing, commercial, or other industrial pursuit, or the construction or operation of wagon roads, irrigating ditches, or the colonization and improvement of lands, or for colleges, seminaries, churches, libraries, or any benevolent, charitable, or scientific association, or for any rightful subjects consistent with the constitution of the United States and the laws of this territory, and who wish to incorporate for that purpose, may, by complying with the provisions of this act, become a body corporate.
(530.) SEC. 2. They shall enter into an agreement in writing, signed by each of them, and by at least four of their number, acknowledged before the probate judge of the county in which they have established or intend to establish their principal place of business, stating the precinct or city, and stating the name of the association, their names, and places of residence, written in full, the time of its duration, which shall not in any case be less than three years nor more than twenty-five years, the pursuit or business agreed upon, specifying it in general terms, the place of its general business, the amount of stock each party has subscribed, the amount of each share, and the limit of