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thereon according to the terms of sale; if payment is made before the time fixed for sale, the party paying shall only be required to pay the actual costs of advertising in addition to the assessment.
SEC. 23. The person offering at such sale to pay the assessment and costs for the smallest number of shares or fraction of a share is the highest bidder, and the stock purchased must be transferred to him on the stock-books of the corporation on payment of the assessment and costs.
SEC. 24. If at the sale of stock no bidder offers the amount of the assessments and costs and charges due, the same may be bid in and purchased by the corporation, through the secretary, president, or any director thereof, at the amount of the assessments, costs, and charges due; and the amount of the assessments, costs, and charges shall be credited as paid in full on the books of the corporation, and the entry of the transfer of the stock to the corporation shall be made on the books thereof. While the stock remains the property of the corporation it is not assessable, nor shall any dividends be declared thereon, but all assessments and dividends shall be apportioned upon the stock held by the stockholders of the corporation.
SEC. 25. All purchases of its own stock vest the legal title to the same in the corporation, and the stock so purchased is held subject to the control of the stockholders, who may make such disposition of the same as they deem fit, in accordance with the by-laws of the corporation or vote of a majority of all the remaining shares. Whenever any portion of the capital stock of a corporation is held by the corporation, a majority of the remaining shares is a majority of the stock for all purposes of election or voting on any question at a stockholders' meeting. SEC. 26. The dates fixed in any notice of assessment or notice of delinquent sale, published according to the provisions hereof, may be extended from time to time for not more than thirty days, by order of the directors entered on the records of the corporation, but no order extending the time for the performance of any act specified in any notice shall be effectual unless notice of such extension or postponement is appended to and published with the notice to which the order relates.
SEC. 27. No assessment is invalidated by a failure to make publication of the notices herein provided for, nor by the non-performance of any act required in order to enforce payment of the same, but in case of any substantial error or omission in the course of proceedings for collection, all previous proceedings, except the levying the assessment, are void, and publication must be begun anew.
SEC. 28. No action shall be sustained to recover stock sold for delinquent assessments upon the ground of irregularity or defect of the notice of sale or defect or irregularity in the sale, unless the party seeking to maintain such action first pays or tender to the corporation, or the party holding the stock sold, the sum for which the same was sold, together with all the subsequent assessments which may have been paid thereon, and interest on such sums from the time they were paid, and no such action shall be sustained unless the same is commenced by the filing of a complaint and the issuing of a summons thereon within six months after such sale was made.
SEC. 29. The publication of notice required by this act may be proved by the affidavit of the printer, foreman, or principal clerk of the newspaper in which the same was published, and the affidavit of the secretary or auctioneer shall be prima-facie evidence of the time and place of sale of the quantity and particular description of the stock sold, and to whom, and for what price, and of the fact of the purchase money being paid. The affidavits shall be filed in the office of the corporation, and copies of the same, certified by the secretary thereof, shall be prima-facie evidence of the facts therein stated. Certificates signed by the secretary and under the seal of the corporation shall be prima-facie evidence of the contents thereof.
SEC. 30. Any person who is the holder of full paid-up capital stock shall be liable for any assessments, or for any indebtedness of the corporation, otherwise than by sale of his or her stock as herein provided, unless distinctly provided for in the articles of corporation, which articles or incorporation shall not be changed in this respect without the consent of all the stockholders in writing.
SEC. 31. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.
CHAP. XXXVI.-FISH AND GAME.
AN ACT amending certain acts for the preservation of fish and game. (Approved February 20, 1880, p. 69.)
SECTION 4. That any person, corporation, or association who has or may hereafter take out the waters of any stream or lake in this territory that contains fish shall be required to place above the head-gate, near the point from where the water is diverted from such stream or lake, a screen, made of wire or other suitable material, the meshes not to exceed one and a quarter inches square, and to keep the same in good repair.
AN ACT requiring recorders of mining districts to give bonds. (Approved February 19, 1880, p. 26.)
SECTION 1. That the recorders of the several mining districts shall each take an oath of office and give a bond, with approved securities, in the penal sum of one thousand dollars, which bond shall be approved by and filed in the office of the probate judge of their respective counties.
SEC. 2. In cases where the recorder of any mining district appoints a deputy, said recorder shall be responsible for the official acts of said deputy.
AN ACT providing for recording vested rights to the use of water and regulating their exercise. (Approved February 20, 1880, p. 36.) SECTION 1. That the selectmen of the several counties of this territory are hereby created ex-officio water commissioners for their respective counties, whose powers and duties shall be to make, or cause to be made and recorded, such observations, from time to time, as they may deem necessary, of the quantity and flow of water in the natural sources of supply, and to determine, as near as may be, the average flow thereof at any season of the year, and to receive, hear, and determine all claims to the use of water, and, on receipt of satisfactory proof of any right to the use of water having vested, to issue to the person owning such right a certificate therefor for recording, and to generally oversee in person, or by agents appointed by them, the distribution of water within their respective counties from natural sources of supply to all the corporations or persons having joint rights in and to any natural source of supply, and to fairly distribute, according to the nature and extent of recorded rights, and according to law, to each of said corporations or persons their several portions of such water; and in case of dispute between any of such persons or corporations as to the nature or extent of their rights to the use of water, or right of way, or damages therefor, of any one or more of such persons or corporations, to hear and decide upon all such disputed rights, and to file a copy of their findings and decisions as to such rights with the county recorder, and to distribute the water according to such findings or decision, unless otherwise ordered by a court of competent jurisdiction.
SEC. 2. In cases where persons or corporations use water in different counties from the same natural source of supply, the water commissioners of each of said counties shall unite in appointing, either from among their number or otherwise, as they may determine, a board of reference, of not less than three competent persons, to hear and decide all disputes in regard to water-rights in and to such natural source of supply, and they shall file a copy of their decision with the county recorders of each of said counties. Said water commissioners and members of the board of reference shall each, respectively, have power to administer oaths, and if any person who may be duly sworn in any matter in relation to the nature, extent, or exercise of any right or duty under any of the provisions of this act shall falsely swear, such person shall be deemed guilty of perjury.
SEC. 3. The certificates of the water commissioners shall state generally the nature and extent of the right to use water of the person or corporation to whom it is issued, and must be filed with the county recorder for recording.
SEC. 4. It shall be the duty of the county recorder of each county, upon any certificate of water commissioners being filed in his office, as prescribed by this act, and upon any findings or decisions of any commissioners or board of reference as to the extent of any of such rights, and upon payment of the fees allowed by law for such service, to record, in a book or books to be kept by him for such purposes, all such certificates, findings, and decisions, which said record shall be deemed to impart notice to all persons whomsoever of the contents thereof, and shall be prima facie evidence of the existence and verity of the facts therein recited.
SEC. 5. No person or corporation shall maintain any suit, at law or in equity, for the determination of the existence or extent of any right or rights to the use of water in this territory until after the decision of the proper county commissioners, or of the proper board of reference, as the case may be, unless said commissioners or board shall fail and neglect to hear and decide such person's claim of right to use of water for more than three months after such person may have presented, in writing, his claim or claims, and evidence in support thereof, for adjudication: Provided, This section shall not be construed to affect or impair the authority or jurisdiction of any court in the issuance of a temporary injunction or restraining order in such cases, or to abridge the right of any person aggrieved by any such decision to maintain any lawful suit or appeal after such decision may have been made.
SEC. 6. A right to the use of water for any useful purpose, such as for domestic purposes, irrigating lands, propelling machinery, washing and sluicing ores, and other like purposes, is hereby recognized and acknowledged to have vested and accrued, as a primary right, to the extent of, and reasonable necessity for, such use thereof, under any of the following circumstances: First. Whenever any person or persons shall have taken, diverted, and used any of the unappropriated water of any natural stream, water-course, lake, or spring, or other natural source of supply. Second. Whenever any person or persons shall have had the open, peaceable, uninterrupted, and continuous use of water for a period of seven years.
SEC. 7. A secondary right to the use of water for any of said purposes is hereby recognized and acknowledged to have vested and accrued (subject to the perfect and complete use of all primary rights) to the extent of, and reasonable necessity for, such use thereof, under any of the following circumstances: First. Whenever the whole of the waters of any natural stream, water-course, lake, spring, or other natural source of supply has been taken, diverted, and used by prior appropriators for a part or parts of each year only, and other persons have subsequently appropriated any part or the whole of such water during any other part of such year, such person shall be deemed to have acquired a secondary right. Second. Whenever, at the time of an unusual increase of water, exceeding seven years' average flow of such water, at the same season of each year, all the water of such average flow then being used by prior appropriators, and other persons appropriate and use such increase of water, such persons shall be deemed to have acquired a secondary right.
SEC. 8. A right to the use of water may be measured by fractional parts of the whole source of supply, or by such fractional parts, with a limitation as to periods of time when used or intended to be used, or it may be measured by cubic inches, with a limitation specifying the depth, width, and declination of the water at point of measurement, and, if necessary, with a further limitation as to periods of time when used or intended to be used; and such right may be appurtenant to the land upon which such water is used, or it may be personal property, at the option of the rightful owner of such right; and a change of the place of use of water shall in no manner affect. the validity of any person's right to use water, but no person shall change the place of use of water to the damage of his co-owners in such right without just compensation.
SEC. 9. A continuous neglect to keep in repair any means of diverting or conveying water, or a continuous failure to use any right to water for a period of seven years, at any time after the passage of this act, shall be held to be an abandonment and forfeiture of such right, and whenever hereafter a conveyance of any parcel of land is executed, and a right to the use of water has been continuously exercised from the time of its first appropriation in irrigating such land, such right shall pass to the grantee of such conveyance; and in cases where such right has been exercised in irrigating different parcels of land at different times, such right shall pass to the grantee of any parcel of land on which such right was exercised next preceding the time of the execution of any conveyance thereof, subject, however, in all cases, to payment by the grantee of any such conveyance of all amounts unpaid on any assessment then due upon any such right: Provided, That in any of the cases mentioned in this section any such right to the use of water, or any part thereof, may be reserved by the grantor of any such conveyance by making such reservation in express terms inserted in such conveyance.
SEC. 10. All rights to the use of water and means of diverting water shall be exempt from taxation, except for the purpose of regulating the exercise of the use of such right, in all cases where the land or other property upon which the water pertaining to such rights is assessable for taxation, but in making the assessment the assessor shall estimate the increased value of such land or other property caused by the use of such water.
SEC. 11. It shall be the duty of all persons using water from any natural source of supply to provide suitable ditches for conveying surplus water again into the natural channel or other place of use, to the satisfaction or approval of the water commissioners; and if, through neglect so to provide such ditches, water is allowed to form pools or marshes or otherwise run to waste, or if any person shall turn or use any water in a manner that damages the property of another, except when such turning or using is in the prudent, careful exercise of such person's lawful right to so turn or use, such person or persons so offending shall be liable for damages to any aggrieved person entitled to the use of water from the same source of supply, and the water commissioners may, on application, or of their own motion, cause the water supply to be diverted from such offending party until such waste-ditches are provided.
SEC. 12. Whenever the terms mentioned in this section are employed in this act they are employed in the sense hereinafter affixed to them, except where a different sense plainly appears: First. The term "person", when applicable, includes "firm", "partnership", "joint-stock company", "association", and "corporation". Second. Words in the singular number may include the plural, and words in the masculine may include the feminine. Third. The term "continuous use" includes use for that part of each year necessary for the purpose used for.
SEC. 13. That section 2192 of the Compiled Laws of Utah is hereby repealed, and the following enacted in lieu thereof: "Any person who, in violation of any right of any other person, willfully turns or uses the water, or any part thereof, of any canal, ditch, or reservoir, except at a time or times when the use of such water has been duly distributed to such person, or willfully uses any greater quantity of such water than has been duly distributed to him, or in any way changes the flow of water when lawfully distributed for irrigating or other useful purposes, except when duly authorized to make such change, or willfully and maliciously breaks or injures any dam, canal, water-gate, ditch, or other means of diverting or conveying water for irrigation or other useful purposes, is guilty of a misdemeanor.
SEC. 14. Whenever the waters of any natural source of supply are not sufficient for the service of all those having primary rights to the use of the same, such water shall be distributed to each owner of such right in proportion to its extent; but those using the water for domestic purposes shall have the preference over those claiming for any other purpose, and those using the water for irrigating lands shall have preference over those using the same for any other purpose except domestic purposes: Provided, Such preference shall not be exercised to the injury of any vested right without just compensation for such injury.
SEC. 15. All persons shall have the right of way across and upon public, private, and corporate lands, or other right of way for the construction and repair of all necessary reservoirs, dams, water-gates, canals, ditches, flumes, or other means of securing and conveying water for any necessary public use, or for drainage, upon payment of just compensation therefor, but such right of way shall in all cases be exercised in a manner not to unnecessarily impair the practical use of any other right of way, highway, or public or private road, nor to unnecessarily injure any public or private property.
SEC. 16. Whenever a majority of individuals owning several rights to the use of water and a joint interest in the means of diverting or conveying such water, or who may desire to divert and use any unappropriated water, desire to organize themselves into an association for the purposes of regulating the diversion and distribution of
such water, they may organize into a corporation in the manner provided in "An act providing for incorporating associations for mining, manufacturing, commercial, and other industrial pursuits", approved February 18, 1870, and all amendments thereto, with power to levy and collect all necessary assessments; and the distribution of water to each stockholder may be regarded as the payment of dividends; and such corporation shall have perpetual succession, unless dissolved by three years' non-use of its rights, or by a two-thirds majority vote of its members at a meeting called for that purpose. In all cases of dissolution the property held by the corporation shall revert to the members in proportion to their rights therein, or they may organize into an irrigation district, under "An act to incorporate irrigation companies", approved January 20, 1865, as they may elect. SEC. 17. All acts or parts of acts in conflict with this act are hereby repealed.
AN ACT to protect persons and animals in certain cases. (Approved February 20, 1880, p. 68.)
SECTION 1. That any person who sinks a shaft on the public domain or commons, either prospecting for coal, silver, or other minerals, or for ventilating coal, silver, or other mines, shall inclose such shaft with a substantial curb or fence at least four and one-half feet high.
SEC. 2. The owner, lessee, or agent of any coal-mine who by working such mine has caused, or may hereafter cause, the surface on the public domain, commons, highway, or other lands to cave in, forming a pit in which persons or animals are liable to fall, shall cause said cave or sink to be filled up or securely fenced with a good, lawful fence, and if he has heaped, piled, or shall hereafter heap slack-coal on the surface, and such slack coal shall take fire, endangering the life or safety of any person or animal, he shall cause the fire to be extinguished, or the burning coal to be inclosed with a sufficient fence.
SEC. 3. Any person failing to comply with the provisions of this act is guilty of a misdemeanor, and shall be liable for all damages.
STATUTES OF 1866, 1867, 1871, 1873.
AN ACT to regulate the holding of lead, copper, and iron mining-claims. (Approved January 10, 1867; Stats., 1866-'67, p. 146.) SECTION 1. That any person may locate, claim, or take up a tract of land, not exceeding three hundred yards square on the surface of the ground, containing any lead, copper, or iron ore or mineral, in this territory, and hold and have the exclusive possession thereof.
SEC. 2. It shall be the duty of any person taking up, locating, or claiming any mining-claim or mineral lode, of any of the minerals mentioned in section one of this act, to distinctly mark the bounds thereof by firmly planting stakes at each corner of his claim, which stakes shall not be less than three inches square, and shall have the name of the claimant and the number of the claim plainly marked or cut thereon, and the said claim shall be numbered in its regular order, counting from the discovery claim; and the said claimant shall, within thirty days after the location of such mining-claim or mineral lode, make out and record, in the office of the county auditor of the county in which said claim is located, a description of his said claim, including the number of the claim, the date of the location thereof, and the name of the claimant.
SEC. 3. It shall be the duty of every person locating a mining-claim or mineral lode under the provisions of this act, within one year after locating the same, to do, or cause to be done, one hundred dollars' worth of work on said claim, and the said claimant shall, within three years after the location of said claim, have the same opened up, and shall then work the same at least three months in each year.
SEC. 4. Any person locating a mining-claim or mineral lode under the provisions of this act, who shall fail to comply with any of the requirements of sections one and two of this act, shall forfeit all right, title, or claim to such mining-claim or mineral lode acquired under or by virtue of this act.
SEC. 5. This act shall take effect and be in force from and after its passage.
AN ACT in relation to quartz-mining claims. (Approved November 26, 1869; Stats., 1869, p. 386.)
SECTION 1. That the extent of a quartz-mining claim in said territory shall be two hundred feet of the lode, including all dips, spurs, and angles within said two hundred feet, and for fifty feet on each side of the ledge. SEC. 2. Any person who may discover a ledge of mineral-bearing quartz within this territory shall be entitled to hold two claims, one as a discovery claim and one by right of pre-emption.
SEC. 3. No person shall be entitled to hold a quartz-mining claim in said territory unless upon locating such claim he shall distinctly mark the bounds by planting firmly stakes not less than three inches square at each end of such claim, and by placing thereon a notice in writing, designating the name of each claimant, the number of
the claim, and if the discovery claim, the same shall be so specified, together with the name of the ledge and the number of feet in the aggregate, together with date of location; and shall cause the same to be recorded, in the county auditor's office in the county in which such claim or ledge may be situated, within twenty days after locating such claim.
SEC. 4. It shall be the duty of the county auditor of the county in which such claim is located to record all notices of the location of claims under the provisions of this act in a book, to be by him kept in his office, to be called the "book of quartz-claims", and shall be entitled to charge and receive, for each and every claim such notice shall contain, the sum of one dollar.
SEC. 5. Every person who may locate a quartz-mining claim in said territory shall, within one year after locating such claim, do, or cause to be done, one hundred dollars' worth of work upon each and every claim held or located by such person. An affidavit, sworn to before any person competent to administer oaths, by the person or persons performing such labor or work, and filed with the county auditor, shall be prima-facie evidence of the compliance with the requirements of this section.
SEC. 6. Individuals associated together as companies may, by working upon any portion of the claims held or owned by them as a company to the amount of one hundred dollars for each and every claim so held, be deemed to have worked on each claim, and shall not, therefore, be deemed to have forfeited any part thereof, or may pay into the county treasury the amount of one hundred dollars, as provided for in section fifth of this act.
SEC. 7. No sales or transfer of claims shall be deemed valid unless the same shall be recorded, in the county auditor's office in the county where such claim or claims may be situated, within twenty days after such sale or transfer.
SEC. 8. All acts and parts of acts in conflict with this act are hereby repealed.
SEC. 9. This act shall take effect and be in force from and after its approval by the governor.
AN ACT in relation to foreign corporations holding property or doing business in this territory. (Approved November 29, 1871; Stats., 1871, p. 101.)
SECTION 1. That all corporations now existing or hereafter formed under the laws of the states or other territories of the United States shall have full power and authority to sue and be sued, hold, purchase, and acquire, sell, lease, and dispose of real and personal property, and generally to do and perform any and every act and transact business within this territory in the same manner and to the same extent as though said corporation had been organized under the laws of this territory: Provided, That any such corporation hereafter acquiring property or commencing to transact business in the territory shall first comply with the provisions of section two of this act: And provided further, That all the real estate of such corporation within this territory, and all the personal property of such corporation in this territory, including steamboats, all other vessels navigating the waters of said territory, and all other personal property used in prosecuting the business of said corporation within this territory, shall be liable to taxation in this territory, any provisions in this act incorporating said company to the contrary notwithstanding.
SEC. 2. That said corporation shall file, or cause to be filed, in the office of the secretary of the territory, an authenticated copy of its act or articles of incorporation, and shall constitute and appoint an agent, who shall reside at the place in the territory where the principal place of business of said corporation in the territory shall be carried on, duly authorized to accept service of process, and upon whom service of process may be made in any action or suit pertaining to the property, business, or transactions of said corporation within this territory in which said corporation may be a party, and shall file, in the office of the secretary of the territory, a duly-executed appointment of such agent, naming his place of residence, and shall continually have and keep some resident agent so as aforesaid empowered; and service upon such agent shall be taken and held as due service on said corporation: Provided further, That said agent or his place of residence may from time to time be changed upon filing a new appointment or notice of the change in the place of residence.
SEC. 3. That nothing in this act shall be so construed as to render void anything heretofore done by any corporation of any other territory or a state of the United States not inconsistent with the organic law of this territory, but such acts and things shall remain valid as if the same had been done by corporations formed under the laws of this territory.
SEC. 4. This act shall take effect and be in force from and after its approval by the governor.
NOTE. So much of section 2 as requires appointment of agent who shall reside in the territory is repealed by section 2 of “An act permitting foreign corporations to build, lease, or purchase railroads, tramways, and bridges", approved November 5, 1875 (Stats., 1875, p. 108).
AN ACT in relation to quartz-mining claims. (Approved November 13, 1873; Stats., 1873, p. 444.) Whereas the Congress of the United States did, by act approved May 10, 1872, provide that all mineral lands, both surveyed and unsurveyed, should thereafter be free and open to exploration and purchase by citizens of the