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SEC. 6. Chapter fifty of the Howell Code, entitled “Of the registry and government of mines and mineral deposits", as well as all other acts or parts of acts in conflict with the provisions of this act, are hereby repealed.
SEC. 7. This act shall take effect and be in force from and after the first day of January, A. D. eighteen hundred and sixty-seven.
AN ACT to provide for the segregation of mining-claims. (Approved September 30, 1867, p. 513.) SECTION 1. That whenever any one or more joint owners or tenants in common of gold, silver, copper, or mineral-bearing ledges or claims may desire to work or develop such ledges or claims, and any other owner or owners thereof shall fail or refuse to join in said work, after due notice of at least thirty days, given by publication in one newspaper printed in the county in which said ledges or claims are located, and if none be · printed in said county, then in any newspaper printed in the territory, said notice to have publication in four successive weeks of said paper, said other owner or owners may, upon application to the district court of the district wherein the ledge or claim is situated, cause the interests of said parties so refusing to be set off or segregated, as hereinafter set forth.
SEC. 2. The owner or owners of any mineral-bearing ledge or claim, after the expiration of said thirty days notice having been given, may, if the party or parties notified fail or refuse to join in the working or developing said ledge or claim, apply to the district court of the district wherein the ledge or claim may be situated for 3 partition or segregation of the interest or interests of the party or parties so failing or refusing to join.
SEC. 3. The party or parties so applying shall set forth the fact that the said parties have been duly notified in accordance with section one of this act, and that said party or parties have failed or refused to join in said work, all of which shall be sustained by the oath or affirmation of one or more of the parties applying; and, upon such application being made, the clerk of the said court shall post a notice at the office of the county recorder, and in two other conspicuous places within the district, stating the application, and notifying the parties interested that unless they appear within sixty days and show good cause why the prayer of the petitioner should not be granted, that the same will be granted if good cause can be shown.
SEC. 4. At the expiration of said sixty days, if the party or parties notified do not appear and show good cause why the prayer of the petitioner should not be granted, the court shall appoint two commissioners to go upon the ground and segregate the claims of the parties refusing to join; and, in case they do not agree, they to choose a third party; and said commissioners shall make a report in writing to said court, who shall issue a decree in conformity with said report, which shall be final, except appeal be taken to the Supreme Court within thirty days after issuance thereof.
SEC. 5. The provisions of this act shall not apply to the counties of Yavapai and Pima, and the county of Yuma.
SEC. 6. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
CHAP. XXXV.-OF THE LIMITATIONS OF ACTIONS. AN ACT supplementary to Chapter XXXV, Howell Code, “Of the limitation of actions.” (Approved November 5, 1866, p. 360.)
SECTION 1. No action for the recovery of property in mining-claims, or for the recovery of possession thereof, shall be maintained unless it appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the premises in question within two years before the commencement of the action.
SEC. 2. No cause of action or defense to an action founded upon the title to property in mining-claims, or to the 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 two years before the commencement of the act in respect to which such action is prosecuted or defense made.
SEC. 3. All acts or parts of acts in conflict with this act are hereby repealed.
PART III.-OF DISTRICT COURTS.
CHAP. XLV.-OF COURTS OF JUSTICE IN GENERAL AND THEIR JURISDICTION.
AN ACT conferring jurisdiction of all mining cases on the district court. (Approved December 30, 1865, p. 398.) SECTION 1. The district courts of said territory shall have exclusive original jurisdiction of all suits and proceedings relating to mines and mineral and auxiliary lands, and the registry and denouncement of the same,
and all the jurisdiction, power, and authority conferred upon the probate courts and probate judges by chapter fifty of the Howell Code, entitled “Of the registry and government of mines and mineral deposits”, or otherwise, are hereby conferred upon the district courts and district judges respectively.
SEC. 2. That section two of title one of said chapter is hereby repealed, and also all the other provisions of said chapter conferring jurisdiction upon the probate courts and probate judges over suits and proceedings relating to mines, mineral and auxiliary lands, as well as other acts and parts of acts inconsistent with the provisions of this act.
SEC. 3. All suits and other proceedings in said probate courts, now pending therein, and over which said probate courts have jurisdiction, are hereby transferred to, and shall be continued in, the district court of the county in which said suits and proceedings are now pending.
SEC. 4. The clerks of the probate courts shall, within thirty days after the publication of this act, transfer to and file in the office of the district courts of their respective counties, all records and papers in suits and proceedings relating to mines, mineral and auxiliary lands, which records and papers shall be kept and filed by the clerks of said district courts, and when so transferred and filed said suits and proceedings shall be proceeded with as though commenced in said district courts : Provided, That in counties where there shall be no clerks of the district courts, the records and papers shall be transferred and filed, as aforesaid, within thirty days after the appointment of said clerks and their acceptance thereof.
SEC. 5. This act shall take effect and be in force from and after its passage.
AN ACT for securing liens to mechanics, laborers, and others. (Approved December 30, 1865, p. 247.) SECTION 1. All artisans, builders, mechanics, lumber-merchants, and all other persons performing labor or furnishing material for the construction or repairing of any building, wharf, or other superstructure, or for work done upon any lode or mining-claim, shall have a lien on such building, wharf, superstructure, lode, or mining-claim for the labor done or material furnished by each respectively.
Sec. 2. Every person wishing to avail himself of the benefits of this act shall file in the recorder's office of the county in which such building, wharf, superstructure, lode, or mining-claim is situated, within ninety days after the completion of such building, wharf, or superstructure, or after such labor has been performed, a just and true account of the demand due him, after deducting all proper credits and assets, and shall verify said account by his own oath, or the oath of some other person, and shall also file, at the same time, a correct description of the property to be charged with such lien. If such lien is claimed by a subcontractor, journeyman, or other person performing labor or furnishing materials, the account aforesaid shall be filed within six days after the work was done or materials were furnished by him, and within five days after filing such account, as aforesaid, he shall serve a copy thereof on the owner or owners of such building, wharf, superstructure, or mining-claim, or the agent of such owners if the latter reside out of the county in which such building, wharf, or superstructure, or other improvements are situated. If such owner does not reside within the county, and has no agent therein, service of the copy aforesaid may be made by posting the same in a conspicuous place on the building, wharf, superstructure, or other work to be charged with such lien.
SEC. 3. On being served with a notice by a subcontractor, as provided in the last preceding section, the owner of such building, wharf, superstructure, or other work shall withhold from the contractor, out of the first money due to him under the contract, a sufficient sum to cover the lien claimed by such subcontractor, journeyman, or other person performing labor or furnishing materials, until the validity thereof shall be ascertained by a proper legal proceeding, if the same be contested, and, if so established, the amount thereof shall be a valid offset to its extent in favor of the owner against the contractor. But no attachment served on the funds in the hands of the owner of such building, wharf, superstructure, or other work, for claims other than those expressed in this act, shall lie against the liens created by this act, nor shall the owners be held or legally bound to answer such attachment until all claims under the contract or liens by this act shall be first satisfied.
NOTE.-The act further provides that the land on which any building shall be erected is subject to the lien; that the account required by section 2 (1477) shall specify the intention to claim a lien, and that it shall be recorded ; that no lien shall bind any building, etc., longer than six months after filing, unless suit be brought, or if a credit be given, six months after expiration of the credit, and to the enforcement of the lien, etc. It is not essential to the purpose of this quotation that the full text be given.
AN ACT in relation to general incorporations. (Approved November 6, 1866, p. 514.) SECTION 1. Whenever three or more persons shall desire to incorporate themselves for the purpose of engaging in any lawful enterprise, business, pursuit, or occupation, they may do so in the manner provided in this act.
SEC. 2. Such persons shall make and subscribe written articles of incorporation in triplicate, and acknowledge the same before any officer authorized to take the acknowledgment of a deed, and file one of such articles in the office of the secretary of the territory, another with the county recorder, where the enterprise, business, pursuit, or occupation is proposed to be carried on, or the principal office or place of business is proposed to be located, and retain the third in the possession of the corporation.
SEC. 3. The articles of incorporation, or a certified copy of the one filed with the secretary of the territory or the county recorder, is evidence of the existence of such corporation.
SEC. 4. The articles of incorporation shall specify: First, The name assumed by the corporation, and by which it shall be known, and the duration of the corporation. Second. The enterprise, business, pursuit, or occupation in which the corporation proposes to engage. Third. The place where the corporation proposes to have its principal office or place of business. Fourth. The amount of the capital stock of the corporation. Fifth. The amount of each share of such capital stock. Sixth. If the corporation is formed for the purpose of navigating any stream or other water, or making or constructing any railroad, macadamized road, plank road, clay road, canal, or bridge, the termini of such navigation, road, canal, or the site of such bridge, or for the purpose of mining and milling.
SEC. 5. Upon the making and filing of the articles of incorporation as herein provided, the persons subscribing the same are corporators, and authorized to carry into effect the object specified in the articles, in the manner provided in this act; and they and their successors, associates, and assigns, by the name assumed in such articles, shall thereafter be deemed a body corporate, with power:
First. To sue and be sued.
Fourth. To purchase, possess, and dispose of such real and personal property as may be necessary and convenient to carry into effect the object of the incorporation.
Fifth. To appoint such subordinate officers and agents as the business of the corporation may require, and prescribe their duties and compensation.
Sixth. To make by-laws, not inconsistent with any existing laws, 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 published in the county, if there be any newspaper published in said county, if not, then in some newspaper published nearest to the place of business of such company, within the territory, for the transfer of its stock, for the management of its property, and for the general regulation of its affairs.
SEC. 6. The corporators, or any portion of them designated by a majority of the whole number, are authorized to open books and receive subscriptions to the capital stock of the corporation, and, as soon as such capital stock has been subscribed, they shall give notice to the subscribers to meet at such time and place as they may designate, for the purpose of electing not less than three nor more than seven directors, as the stockholders present shall determine: Provided, That it shall be lawful, in the organization of any corporation proposing to construct more than ten miles of railroad, to elect a board of directors as soon as one-half of the capital stock has been subscribed.
Sec. 7. The corporators present at such meetings shall be inspectors of the election and certify who are elected directors, and appoint the time and place of their first meeting; and each stockholder who shall attend in person, or by proxy appointed by writing, and subscribed by such stockholder, shall be entitled to one vote for each share of capital stock subscribed by him; but, after such first election of the directors, no person shall vote on any share upon which any installment or portion thereof is then due and unpaid.
SEC. 8. No person is eligible to the office of director unless he is a stockholder in the corporation and resident of the territory, or represented by a duly-authorized agent; and a director, ceasing to be such stockholder or represented by such duly-authorized agent, ceases to be a director: Procided, That corporations constructing railroads in this territory may permit a minority of the board of directors to reside out of this territory. Before entering upon the discharge of their duties the directors shall each take and subscribe an oath to faithfully and honestly discharge such duties.
SEC. 9. The directors, when elected and qualified, at the first meeting thereafter shall elect one of their number president, who shall preside at their meetings and perform such other special duties as the directors may authorize, and at the same time shall appoint a secretary, whose duty it shall be to keep a fair and correct record of all the official business of the corporation ; from the first meeting of the directors, the powers vested in the corporation are exercised by them or by their officers or agents under their direction, except as otherwise specially provided in this act.
SEC. 10. The notice of the time and place of the first meeting of the stockholders for the election of directors shall be given by publication of the same, for thirty days before such meeting, in some newspaper published at least once every two weeks in the county where the meeting is to be held, or in some newspaper published in like manner and in general circulation therein : Provided, That nothing herein contained shall be construed to prevent such stockholders from holding such meetings for the election of directors before the expiration of thirty days after euch stock is subscribed, and without the publication of the notice above referred to: Provided further, That all
such stockholders shall be present at such meetings, or consent thereto in writing, which consent shall be filed with the secretary of such company. All notices of subsequent meetings of stockholders or directors shall be given for euch time and in such manner as the directors may prescribe.
SEC. 11. There shall be an annual election of directors, and, at each election after the first, the president of the corporation shall act as inspector of clection, and certify who are elected directors; the directors chosen shall hold their office for one year thereafter, and until their successors are elected and qualified; the powers vested in the directors may be exercised by a majority of them.
SEC. 12. Every corporation organized under this act shall keep a stock-book in such manner as to show intelligibly the original stockholders, their respective shares, the amount paid and the amount due thereon, if any, and all transfers thereof, which stock-book, or a certified copy thereof as to the items in this section specified, shall be snbject to the inspection, at all reasonable hours, of any person interested therein and applying therefor.
SEC. 13. The stocks in all private corporations organized under this act are to be deemed personal property, and subject to attachment, execution, levy, and sale as such; and the corporation, in case of such sale, is required to make the necessary transfers to the purchasers on the stock-book.
SEC. 14. All sales of stock, whether voluntary or otherwise, transfer to the purchaser all rights of the original holder, or person from whom the same is purchased, and subject such purchaser to the payment of any unpaid balance due or to become due on such stock; but, if the sale be voluntary, the seller is still liable to existing creditors for the amount of such balance, unless the same be duly paid by such purchaser.
SEC. 15. If the directors of a corporation declare and pay dividends when the corporation is insolvent, or which renders it insolvent, or diminishes the amount of its capital stock, such directors shall be jointly and severally liable for the debts of the corporation then existing, or incurred while they remain in office; or if such directors shall, by any official act or conduct, fraudulently induce any person to give credit to such corporation, they shall be liable in like manner to such person for any loss he may sustain thereby; but any director who voted against such dividend, or such fraudulent act or conduct, if present, or who thereafter, as soon as the same came to his knowledge, filed his objections thereto, shall be exempt from such liability.
SEC. 16. Any corporation organized under this act, which does not elect directors and commence the transaction of business for which it was formed within one year from the time of filing of the articles of incorporation, shall thenceforth be divested of its corporate powers; and if such corporation shall, for any period of six months after the commencement of its business, neglect and cease to carry on the same, its corporate powers shall also cease.
SEC. 17. All corporations that expire by the limitations specified in their articles of incorporation, or are annulled for forfeiture or other cause, by the judgment of a court, continue to exist as bodies corporate for the period of five years thereafter, if necessary, for the purpose of prosecutiug or deîending 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. 18. The stockholders of any private incorporation, heretofore incorporated by any special act of the legislature, may, at any time hereafter, while such corporation exists, incorporate themselves under this act, in the mode herein prescribed, for the purpose of carrying on the enterprise, business, pursuit, or occupation for which they may have been specially incorporated; and the filing of the articles of incorporation shall be deemed a surrender of such special incorporation, but not of any vested rights thereunder, and thereafter such corporation shall have the powers and privileges and be subject to the liabilities and limitations provided by this act, and not otherwise.
SEC. 19. Any corporation under the provisions of this act may, at any meeting of the stockholders which is called for such purpose, by a vote of a majority of the stock of such corporation, increase or diminish its capital stock, or the amount of the shares thereof, or authorize the dissolution of such corporation, and the settling of its business and disposing of its property, and dividing its capital stock: Provided, however, That the capital stock of any corporation formed under this act, except corporations formed for the purpose of making and constructing a railroad, shall never exceed the sum of five millions dollars; and any corporation that shall violate this provision of this act shall forfeit its corporate rights.
SEC. 20. Any corporation formed for the purpose of navigating any stream or other water may, by virtue of such incorporation, construct any railroad, macadamized road, plank road, or clay road, or canal, or bridge necessary and convenient for the purpose of transporting freight or passengers across any portages on the line of such navigation, occasioned by any rapids or other obstructions to the navigation of such stream or other water, in like manner and with like effect as if such corporation had been specially formed for such purposes; but no corporation formed under this act, or heretofore or hereafter incorporated by any special act of incorporation passed by the legislative assembly of this terrttory, or otherwise, for the purpose of navigating any stream or other waters of this territory, or forming the boundary thereof, in whole or in part, nor any stockholder in such corporation, shall ever take or hold stock, or any interest directly or indirectly in the stock of any corporation which may be formed under this act, for the purpose of building or constructing any road in this act mentioned, nor shall any such corporation ever purchase, lease, or in any way control such road or the corporate rights of such last-named corporation: Provided, further, That corporations heretofore incorporated, or which may hereafter be formed under
this act, for the purpose of establishing and keeping a ferry across any stream or other water of this territory, or forming the boundary thereof, in whole or in part, shall not be deemed a corporation for the purpose of navigating such streams of water within the meaning of this act, nor shall the stockholders thereof be restrained from taking or holding stock in a corporation formed under this act, for the purpose of constructing or building any road.
SEC. 21. The stockholders may, by a majority vote of the stock, change its general place of business.
SEC. 22. The directors of any corporation may file supplementary articles of incorporation, at any time when a unanimous vote of all the stock subscribed shall so determine, for the purpose of engaging in any new enterprise or business pursuit not in violation of law, or for the purpose of changing any part of the route of their road or canal, or either terminus, or both; the directors shall cause a notice to be published of the filing of such supplementary articles, setting forth the object of the same.
SEC. 23. Any company incorporated under the laws of any other state or territory, for any enterprise, business, pursuit, or occupation proposed to be carried on, or the principal office or place of business is proposed to be located, within this territory, shall make and file certified and duly-authenticated copies of their articles of incorporation, as required by section second of this act, and shall cause their enterprise, business, pursuit, or occupation to be represented by a duly-authorized agent or agents, who shall reside within the limits and under the jurisdiction of this territory, and, upon complying with the requirements of this section, shall be entitled to all the rights and privileges allowed by this act, and shall be held liable and responsible to all its provisions in like manner as though incorporated within this territory.
SEC. 24. Any such incorporation as is mentioned in the preceding section, who shall commence to operate or do business in this territory previous to complying with the requirements of this act, shall forfeit all their rights, interests, claims, and demands within this territory, and any person aggrieved by the acts of said incorporation may, by process of law before the district court of the county or district where the principal office or place of business of said corporation is located, in the same manner, by attachment or otherwise, as if for the payment of money, obtain judgment; and shall, upon the recovery of such judgment against said incorporate company, be held responsible for any damages which may be awarded in such judgment, and all property, real or personal, held or owned by said incorporation shall be responsible for such damages, and subject to levy and sale under execution.
NOTE.-Section 24 amended by "An act supplemental to 'An act of general incorporation'", etc.
SEC. 25. It shall be the duty of said incorporation to file with the secretary of the territory, and the county recorder of the county in which the said enterprise, business, pursuit, or occupation is located, the lawful appointment of an agent, upon whom all notices and all processes against such incorporation may be served, and when so served shall be deemed and taken to be a personal service on such incorporation for all purposes whatsoever.
NOTE.—Section 25 amended by an act of March 7, 1881. (Session Laws, p. 138.)
SEC. 26. All acts or parts of acts in conflict with this act, and particularly chapter fifty-one of the Howell Code, entitled “Of corporations for mining purposes”, shall be, and are hereby, repealed.
SEC. 27. This act shall take effect and be in force from and after its passage.
AN ACT for the relief of foreign corporations doing business in this territory. (Approved December 15, 1868, p. 519.)
SECTION 1. All mining or other corporations, organized in other territories or in the states, doing business in this territory, are hereby relieved from the payment of any and all taxes levied upon them in the year one thousand eight hundred and sixty-eight, beyond those assessed upon the actual value of their real and personal estate within the territory.
SEC, 2. All acts and parts of acts conflicting with the provisions of this act are hereby repealed.
AN ACT supplemental to an act entitled "An act of general incorporation”, approved November 6th, 1866. (Approved February 7, 1877,
p. 519.) SECTION 1. The provisions of section twenty-four of the act to which this act is supplemental shall not apply to any incorporation which has heretofore complied with the requirements of section twenty-three of said act, or which shall comply with such requirements within ninety days after the passage of this act.
SEC. 2. All forfeitures accrued under section twenty-four of said act are hereby remitted : Provided, That the provisions of this act shall not apply to or affect any pending action or actions.
AN ACT to provide revenue for the territory of Arizona, and the several counties thereof. (Approved February 12, 1875, p. 333.)
SECTION 1. The annual ad valorem tax of twenty-five cents upon each one hundred dollars value of taxable property is hereby levied and directed to be collected and paid, for territorial purposes, upon the assessed value of