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of the use made of that taken, to be estimated by the parties assessing the damages, shall be deducted from the value of the property taken.
SEC. 3. That all acts or parts of acts heretofore passed that conflict with the provisions of this act are hereby repealed.
SEC. 4. This act to be in force and take effect from and after its passage and approval by the governor.
AN ACT to amend an act entitled "An act relating to liens", approved November 8, 1877. (Approved November 3, 1879; Sess. Laws, 1879, p. 99.)
SECTION 6. Section twenty-three of chapter three of said act shall be, and the same is, amended so as to read: "SEC. 23. Every original contractor, within sixty days after the completion of his contract or other termination thereof, and every person, save the original contractor, claiming the benefit of this chapter, must, within sixty days after the completion of any building, improvement, or structure, or after the completion of the alteration or repair thereof, or after he has ceased to labor thereon from any cause, or after he has ceased to furnish materials therefor, or after the performance of any labor in a mine or mining-claim, file for record, with the county auditor of the county in which such property or some part thereof is situated, a claim containing a statement of his demand, after deducting all just credits and offsets, with the name of the owner, or reputed owner, if known, and also the name of the person by whom he was employed, or to whom he furnished the materials, with a statement of the terms, time given, and conditions of his contract, and also a description of the property to be charged with the lien sufficient for identification, which claim must be verified by the oath of himself or some other person, to the effect that the affiant believes the claim to be just".
THE COMPILED LAWS, INCLUDING ALL LAWS IN FORCE AT CLOSE OF FOURTH LEGISLATIVE ASSEMBLY, 1876.
CHAP. LXXXV.-MINING RESOURCES.
AN ACT to provide for the development of the mining resources of the territory of Wyoming. (Approved December 16, 1871, p. 488.) SECTION 1. Any person or persons who shall have performed work or made improvements or expenditures to the amount of one thousand dollars on any lead, lode, or ledge, the same shall not be subject to relocation under the laws of this territory: Provided, That such quartz-claim or claims shall not be abandoned, but shall be represented by the person or persons owning such claim or claims, or by his or their agent or attorney, who shall reside within the district in which such claim or claims may be situated, unless driven from said district by Indians.
SEC. 2. Any person or persons who shall defraud, cheat, or swindle any party or parties, by what is known as "salting", that is, by placing or causing to be placed in any placer or quartz claim, or dirt, gravel, or quartz contained therein, any gold, silver, or metals or minerals which would prove to be a misrepresentation, thereby working injury or loss to any party or parties, shall be deemed guilty of a felony, and, upon conviction thereof, shall be fined in any sum not to exceed five thousand dollars and not less than fifty dollars, together with the cost of prosecution, and may be imprisoned in the territorial penitentiary not more than three years nor less than thirty days, or both such fine and imprisonment.
SEC. 3. When parties owning in partnership any claim or claims, or any lead, lode, or ledge, and any one of the parties so owning shall fail to perform his or her portion of the work for the period of eight months, or pay the reasonable assessment for the same, when said claim is being worked in accordance with the expressed wish of a majority of the persons owning such claim, it may be sold to pay such assessment by the person or persons to whom such assessment may be due, by giving thirty days' notice, published in the nearest newspaper, and by posting notice for thirty days on such claims, giving the amount of assessment due, date of notice, and date of sale.
SEC. 4. The provisions of the foregoing section shall not apply to persons residing within the district in which his or her property is situated.
SEC. 5. Any property sold to pay assessments may be redeemed within the period of six months by the person or persons formerly owning such property, or by his or her agents, heirs, or attorneys, by paying the costs of advertising and sale together with the assessments due, and ten per cent. upon all purchase money for the same. SEC. 6. All acts and parts of acts conflicting with this act be, and the same are hereby, repealed.
SEC. 7. This act shall take effect and be in force from and after its passage.
CHAP. XIII.-CIVIL CODE.
TITLE II.-Time of commencing civil actions—actions for the recovery of real property.
AN ACT to establish a Code of Civil Procedure for the territory of Wyoming, p. 34.
SECTION 8. An action for the recovery of the title or possession of lands, tenements, or hereditaments can only be brought within twenty-one years after the cause of action shall have accrued.
SEC. 9. If a person entitled to commence any action for the recovery of the title or possession of any lands, tenements, or hereditaments be, at the time his or her right or title shall first descend or accrue, within the age of twenty-one years, a married woman, insane, or imprisoned, every such person may, after the expiration of twenty-one years from the time his or her right or title first descended or accrued, bring such action within ten years after such disability is removed, and at no time thereafter. An action for the forcible entry and detainer or forcible and unlawful detention only of real property can only be brought within two years after the cause of such action shall have accrued.
AN ACT to create and regulate corporations. (Approved December 10, 1869, p. 228.)
SECTION 1. At any time hereafter any three or more persons who may desire to form a company for the purpose of carrying on any kind of manufacturing, mining, chemical, merchandising, or mechanical business; construct wagon roads, railroads, telegraph lines, dig ditches, build flumes, run tunnels, or carry on any branch of business designed to aid in the industrial or productive interests of the country, may make, sign, and acknowledge, before some officer competent to take the acknowledgment of deeds, duplicate certificates in writing, in which shall be stated the corporate name of said company and the object for which the company shall be formed; the amount of capital stock of the said company; the term of its existence, not to exceed fifty years; the number of shares of which the said stock shall consist; the number of trustees, and their names, who shall manage the concerns of the said company for the first year, and the name of the town and county in which the operations of the said company shall be carried on, and shall file one of said certificates in the office of the county clerk of each county wherein the business of the company is to be carried on, and one thereof in the office of the secretary of the territory; the county clerk shall record said certificate in a book kept by him in his office for that purpose.
SEC. 2. When the certificate shall have been filed, as aforesaid, with the secretary of the territory, he shall record and carefully preserve the same in his office, and a copy thereof, duly certified by the secretary of the territory, under the great seal of the territory of Wyoming, shall be evidence of the existence of such company; and the persons who shall have signed and acknowledged the same, and their successors, shall be a body politic and corporate, in fact and in name, by the name stated in such certificate, and by that name have succession, and shall be capable of suing and being sued in any court of law or equity in this territory, and they and their successors may have a common seal, and may make or alter the same at pleasure, and they shall, by their corporate name, be capable in law of acquiring by purchase, pre-emption, donation, or otherwise, and holding or conveying by deed or otherwise, any real or personal estate whatever which may be necessary to enable the said company to carry on their operations named in the certificate.
SEC. 3. Any certificate hereafter filed and recorded under the provisions of this article may designate one or more places where the company may carry on its business.
SEC. 4. If any company shall be formed under this article for the purpose of earrying on any part of its business in any place outside of this territory, the certificate shall so state, and shall also state the name of the town and county in which the principal part of the business of said company within this territory is to be transacted, and said town and county shall be deemed the town, place, and county in which the operations and business of the company are to be carried on, and its principal place of business, within the meaning and provisions of this article. SEC. 5. The stock, property, and concerns of such company shall be managed by not less than three nor more than nine trustees, who shall respectively be stockholders in said company, and who shall (except the first year) be annually elected by the stockholders, at such time and place as shall be directed by the by-laws of the company; and public notice of the time and place of holding such elections shall be published not less than ten days previous thereto in the newspaper printed nearest to the place where the operations of the said company shall be carried on, and the election shall be made by such of the stockholders as shall attend for that purpose, either in person or by proxy, provided one-half the stock is represented; all elections shall be by ballot, and each stockholder shall be entitled to as many votes as he owns shares of stock in the said company, and the persons receiving the greatest number of votes shall be trustees; and when any vacancy shall happen among the trustees, by death, resignation, or otherwise, it shall be filled for the remainder of the year in such manner as shall be provided by the by-laws of the said company.
SEC. 6. In case it should happen at any time that an election of trustees shall not be made on the day designated
by the by-laws of said company, when it ought to have been made, the company for that reason shall not 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 by the said by-laws, and all acts of trustees shall be valid and binding as against such company until their successors shall be elected.
SEC. 7. There shall be a president of the company, who shall be designated from the number of trustees, and also such subordinate officers as the company by its by-laws may designate, who may be elected or appointed, and required to give such security for the faithful performance of the duties of their offices as the company by its by-laws may require. ·
SEC. 8. It shall be lawful for the trustees to call in and demand from the stockholders, respectively, all such sums of money by them subscribed, at such time and in such payments or installments as the trustees shall deem proper, not to exceed ten per cent. in any one month, under the penalty of forfeiting the shares of stock subscribed for, and for all previous payments made thereon, if payment shall not be made by the stockholders within sixty days after a personal demand, or notice requiring such payment shall have been published for six successive weeks in the newspaper nearest the place where the business of the company shall be carried on as aforesaid.
SEC. 9. The stockholders of such corporation, or the trustees, if the certificate of incorporation so provide, shall have power to make by-laws, as they shall deem proper, for the management and disposition of the stock and business affairs of such company, not inconsistent with the laws of this territory, and prescribing the duties of officers, artificers, and servants that may be employed, for the appointment of all officers, and for carrying on all kinds of business within the objects and purposes of such company.
SEC. 10. The stock of such company shall be deemed personal estate, and shall be transferable in such manner as shall be prescribed by the by-laws of the company, but no shares shall be transferable until all previous calls thereon shall have been fully paid in or shall have been declared forfeited for the non-payment of calls thereon; and it shall not be lawful for such company to use any of their funds for the purchase of any stock in any other corporation, nor for the purchase of stock in their own company or corporation, in the corporate name, nor shall such company or corporation acquire or hold any stock or share therein, except such as may be forfeited for the non-payment of assessment thereon.
SEC. 11. The copy of any certificate of incorporation, filed and recorded in pursuance of this article, certified by the secretary of the territory, under the great seal of the territory of Wyoming, to be a true copy, and the whole of such certificate, shall be received in all courts and places as prima-facie evidence of the facts therein stated.
SEC. 12. All the stockholders of every company incorporated under the provisions of this article shall be, severally, individually liable to the creditors of the company in which they are stockholders to the amount of unpaid assessments on capital stock held by them, respectively, and to no other or further amount, for all debts and contracts made by such company, until the whole amount of assessments on capital stock, fixed and limited by the trustees, shall be paid in, and the assessment on capital stock, as fixed and limited by the trustees, shall all be paid in, ten per cent. thereof within one year, and the balance shall be payable in installments, as shall be required by the trustees, who shall give six weeks' notice, by publication, of the time and place for the payment of the same.
SEC. 13. The trustees of such company may purchase mines, manufactories, and other property necessary for their business, and issue stock to the amount of the value thereof in payment therefor, and the stock so issued shall be declared and taken to be full stock, and not liable to any further calls, neither shall the holders thereof be liable to any further payments under the provisions of the tenth section of this article, but in all statements and reports of the company this stock shall not be stated or reported as being issued for cash paid into the company, but shall be reported in this respect according to the facts.
SEC. 14. The president and a majority of the trustees, within thirty days after the payment of the last installment of the capital stock so fixed and limited by the company, shall make a certificate stating the amount of the capital so fixed and paid in, which certificate shall be signed and sworn to by the president and a majority of the trustees, and they shall, within the said thirty days, record the same in the office of the register of deeds of the county wherein the business of the said company is carried on.
SEC. 15. If the trustees of any such company shall declare and pay any dividend when the company is insolvent, or any dividend the payment of which would render it insolvent or which would diminish the amount of its capital stock, they shall be jointly and severally liable for all the debts of the company then existing and for all that shall be thereafter contracted while they shall respectively continue in office: Provided, That if any of the trustees shall object to the declaring of such dividend, or to the payment of the same, and shall, at any time before the time fixed for the payment thereof, file a certificate of their objection, in writing, with the clerk or secretary of the company and with the register of deeds within the county, they shall be exempt from the said liability.
SEC. 16. No person holding stock in any such company as executor, administrator, guardian, or trustee, and no such person holding such stock as collateral security, shall be personally subject to any liability as stockholder of such company, but the person pledging such stock shall be considered as holding the same, and shall be liable as a stockholder accordingly, and the estate and funds in the hands of such executor, administrator, guardian, or trustees shall be liable in like manner and to the same extent as the testator or intestate, or the ward or person
interested in such trust fund, would have been if he had been living and competent to act, and held the same stock in his own name.
SEC. 17. Every such executor, administrator, guardian, or trustee shall represent the shares of stock in his hands at all meetings of the company, and may vote accordingly as a stockholder, and every person who shall pledge his stock as aforesaid may, nevertheless, represent the same at all such meetings, and may vote accordingly as a stockholder.
SEC. 18. The legislature may at any time alter, amend, or repeal this article, but such amendment or repeal shall not take away or impair any remedy given against or in favor of any such corporation, its stockholders, or officers for any liability which shall have been previously incurred.
SEC. 19. Any corporation or company heretofore formed, either by special act or under the general law, and now existing, or any company which may be formed under this article, may increase or diminish its capital stock, by complying with the provisions of this article, to any amount which may be deemed sufficient and proper for the purposes of the corporation, and may also extend its business to any other branch named in section one of this article, subject to the provisions and liabilities of this article. But before any corporation shall be entitled to diminish the amount of its capital stock, if the amount of its debts and liabilities shall exceed the amount of capital to which it is proposed to be reduced such amount of debts and liabilities shall be satisfied and reduced so as not to exceed such diminished amount of capital, and any existing company, heretofore formed under the general law or any special act, may come under and avail itself of the privileges and provisions of this article by complying with the following provisions, and thereupon such company, its officers, and stockholders shall be subject to all the restrictions, duties, and liabilities of this article.
SEC. 20. Whenever any company shall desire to call a meeting of stockholders for the purpose of availing itself of the privileges of this article, or for increasing or diminishing the amount of its capital stock, or for extending or changing its business, it shall be the duty of the trustees to publish a notice, signed by at least a majority of them, in a newspaper in the county wherein is situate the principal office of the company, if any shall be published therein, at least six successive weeks, and to deposit a written or printed copy thereof in the post-office, addressed to each stockholder at his usual place of residence, at least six weeks previons to the day fixed for holding such meeting, specifying the object of the meeting, the time and place when and where such meeting shall be held, and the amount to which it shall be proposed to increase or diminish the capital, and the business to which the company would be extended or changed; and a vote of at least two-thirds of all the shares of stock shall be necessary to an increase or diminution of the amount of its capital stock or the extension or change of its business as aforesaid, or to enable a company to avail itself of the provisions of this article.
SEC. 21. If, at any time and place specified in the notice provided for in the preceding sections of this article, stockholders shall appear, in person or by proxy, in number representing not less than two-thirds of all the shares of stock of the corporation, they shall organize by choosing one of the trustees chairman of the meeting, and also a suitable person for secretary, and proceed to a vote of those present, in person or by proxy, and if, on canvassing the votes, it shall appear that a sufficient number of the votes has been given in favor of increasing or diminishing the amount of capital, or of extending or changing its business as aforesaid, or for availing itself of the privileges and provisions of this article, a certificate of the proceedings, showing a compliance with the provisions of this article, the amount of capital actually paid in, the business to which it is extended or changed, the whole amount of debts and liabilities of the company, and the amount to which the capital stock shall be increased or diminished, shall bo made out, signed, and verified by the affidavit of the chairman, and be countersigned by the secretary, and such certificate shall be acknowledged by the chairman, and filed and recorded as required by the first section of this article, and when so filed and recorded the capital stock of such corporation shall be increased or diminished to the amount specified in such certificate, and business extended or changed as aforesaid, and the company shall be entitled to the privileges and provisions and be subject to the liabilities of this article, as the case may be.
SEC. 22. If the indebtedness of any such company shall at any time exceed the amount of its capital stock, the trustees of such company assenting thereto shall be personally and individually liable for such excess to the creditors of such company.
SEC. 23. Whenever any person or persons owning fifteen per cent. of the capital stock of any company formed under the provisions of this article shall present a written request to the treasurer thereof, that they desire a statement of the affairs of such company, it shall be the duty of such treasurer to make a statement of the affairs of said company under oath, embracing a particular account of all its assets and liabilities in minute detail, and to deliver such statement to the persons who presented the said written request to said treasurer within twenty days after such presentation, and shall also, at the same time, place and keep on file in his office, for six months thereafter, a copy of such statement, which shall, at all times during business hours, be exhibited to any stockholder of said company demanding an examination thereof; such treasurer, however, shall not be required to deliver such statement in the manner aforesaid oftener than once in every six months. If such treasurer shall neglect or refuse to comply with any of the provisions of this article he shall forfeit and pay to the person presenting said written request the sum of fifty dollars, and the further sum of ten dollars for every twenty-four hours thereafter until such statement shall be furnished, to be sued for and recovered in any court having cognizance thereof.
SEC. 24. Any corporation or association of persons organized under this act now or hereafter engaged in mining gold or silver bearing quartz-rock, coal, lead, iron, copper, or other minerals, may construct or operate a railroad, tramway road, or wagon road from their said mine or mines to any point or points desired by them, and shall have the exclusive right of way to the line of their road over the unoccupied public domain for the space not exceeding one hundred feet on either side thereof, and also the exclusive possession at the termini of their said road, and at such intermediate points as may be required, for depots, buildings, turn-tables, water-tanks, machineshops, and other necessary appurtenances of a railroad; and said corporation or association of persons may file a survey or diagram of such line of road, with the land claimed by them on either side thereof, and also the land claimed at the termini aforesaid, with the secretary of the territory, and it shall not be lawful for any person or persons to construct any road or erect any buildings or otherwise interfere with the possession of the land so indicated in the survey or diagram filed as aforesaid, and a certified copy of such survey under the seal of the territory shall be received in evidence in all courts of law or equity within this territory.
SEC. 25. When any three or more persons shall associate to form a company for the purpose of constructing a wagon road under the provisions of this article, their certificate of incorporation, in addition to the matters herein before required to be stated therein, shall specify the termini of said road and the route of the same, as near as may be; and the said company shall have the right of way over the line named in the certificate, to erect tollgates, not to exceed one to every ten miles of road, and to collect toll thereat at the rates prescribed by the county commissioners, or the tribunal transacting county business, upon the application of such corporation, either at or before the time of commencing such road or after completion thereof: Provided, That such rates of toll shall remain in force and may be collected from persons travelling such road for two years after the time of completing such road; and thereafter, at the expiration of every two years, the county commissioners, or tribunal transacting county business, in each county through which such road passes shall fix and regulate such rates of toll, but not at higher rates than those originally prescribed: And provided further, That nothing in this article shall be so construed as to authorize any corporation formed under the provisions hereof to locate their road, railroad, ditch, or flume, or any part thereof, upon any toll-road previously existing, nor upon any public highway heretofore, and at the time of the organization of such corporation, used and traveled as such, except it may be necessary to cross such toll-road or public highway; all such rates of toll shall be conspicuously posted at every gate upon such road.
SEC. 26. No company formed under this article shall demand and receive toll whenever said wagon road is not in reasonably good repair, and any person having paid toll on said road, who shall find the same in bad condition and unsafe to travel with loaded teams, shall have the right to make complaint before any justice of the peace in the county in which the road is located, and it shall be the duty of said justice of the peace to summon the said company, or any agent of the said company, to appear before him to answer in said complaint, within not over five days from the date of said complaint; and if it be found that said road is in bad condition, or unsafe to travel, it shall be the duty of said justice to impose a fine of not less than ten dollars nor more than twenty-five dollars, to be collected from said company, and said justice shall issue his order that no toll be collected upon said road, or any part thereof, until it is put in good repair.
SEC. 27. Any person, after toll shall have been demanded by the regularly-authorized toll-collector, who may be found traveling upon said road and refusing to pay said toll shall be subject to a fine of not less than five dollars nor more than ten dollars for such offense, the same to be collected before any justice of the peace in the county wherein such road is located.
SEC. 28. Whenever any three or more persons associate under the provisions of this article to form a company for the purpose of constructing a ditch for the purpose of conveying water to any mines, mills, or lands, to be used for mining, milling, or irrigating of lands, they shall, in their certificate, in addition to the matters required in section one of this article, specity as follows: The stream or streams from which the water is to be taken; the point or place on said stream at or near which the water is to be taken out; the line of said ditch, as near as may be, and the use to which said water is intended to be applied.
SEC. 29. Any ditch company formed under the provisions of this article shall have the right of way over the line named in the certificate, and shall also have the right to run the water of the stream or streams named in the certificate through their ditch: Provided, That the line proposed shall not interfere with any other ditch whose rights are prior to those acquired under this article and by virtue of said certificate. Nor shall the water of any stream be directed from its original channel to the detriment of any miners, mill-men, or others along the line of said stream, who may have a priority of right, and there shall be at all times left sufficient water in said stream for the use of miners and agriculturists who may have a prior right to such water along said stream.
SEC. 30. Any company constructing a ditch under the provisions of this article shall furnish water to the class of persons using water in the way named in the certificate as the way the water is designated to be used, whether miners, mill-men, or farmers, whenever they shall have water in their ditch unsold, and shall at all times give the preference to the use of the water in said ditch to the class of persons so named in the certificate, the rates at which water shall be furnished to be fixed by the county commissioners, or the tribunal transacting county business, as soon as such ditch shall be completed and prepared to furnish water.