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corporation from going upon such lands for the purpose of preliminary surveys and explorations and laying out the road or work.
SEC. 3. That said justice shall, within twenty days after the filing of such report of said householders, make out a certified copy thereof and file the same with the clerk of the district court of the district or subdistrict in which the land lies, who shall put the case upon the trial docket of the next term; the petitioner to be plaintiff and the other party defendant; and thereupon, if no objection is made within ten days by either party, the same shall stand confirmed, and judgment be entered accordingly. But either or both parties may elect to have said cause tried, and the parties then shall be at liberty to file the ordinary pleadings in a civil action, or such special pleadings as the court may allow; and the issues thus formed shall be tried as in other civil cases, the costs to be taxed against the corporation only when the verdict and judgment is for a larger amount than was awarded by the householders, or the cause has been tried at the instance of such corporation for the purpose of reducing the amount of damages, and the damages are not so reduced; otherwise the costs shall be taxed against the owner of the land.
SEC. 4. Either party may appeal to the supreme court of the territory as in other cases: Provided, That if the owner of the land accepts the sum awarded by the householders he shall be deemed thereby to conclusively waive a trial in the district court and appeal to the supreme court, and final judgment by default may be rendered in tho district court as in other cases.
SEC. 5. The district court at the time of rendering judgment for damages, whether upon default or trial, shall also enter up a judgment or decree of appropriation of the land or right of way in question, thereby vesting the legal title to the same in the corporation for corporate purposes.
SEC. 6. All acts and parts of acts heretofore passed upon this subject are hereby repealed.
AN ACT to amend an act entitled "An act in relation to quartz-mining claims", approved November 13, 1873. (Approved November 12, 1875; Sess. Laws, 1875, p. 126.)
SECTION 1. That section three of said act be amended to read as follows: "The miners of each mining district may make rules and regulations governing the location and amount of work necessary to hold possession of a mining-claim subject to the requirements of the act of Congress approved May 10, 1872, entitled 'An act to promote the development of the mining resources of the United States', which are as follows: 'The location must be distinctly marked on the ground, so that its boundaries may be readily traced. All records of mining-claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located, by reference to some natural objects or permanent monument, as will identify the claim. On each claim located after the passage of this act, and until a patent shall issue therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year, and upon a failure to comply with these conditions, the claim upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made': Provided, That all mining-claims shall be recorded in the office of the county auditor of the county where the same is situated".
SEC. 2. All acts or parts of acts in conflict herewith be and the same are hereby repealed.
SEC. 3. This act to take effect and be in force from and after its passage.
NOTE.-This act was repealed, so far as it applies to Stevens county, by act approved November 9, 1877 (Sess. Laws, 1877, p. 335).
AN ACT permitting foreign corporations to build, lease, or purchase railroads, tramways, and bridges. (Approved November 5, 1875; Sess. Laws, 1875, p. 108.)
SECTION 1. That any foreign corporation incorporated under the laws of any state of the United States, or any foreign country, state, or colony, shall be and is hereby permitted to construct, build, equip, lease, use, sell, hold, and dispose of, or acquire by purchase or otherwise, any railroad, tramway, or bridge in this territory, and shall be and is hereby allowed to work and operate the same; to acquire, own, and hold lands in connection therewith; to mortgage the same, or said railroad, tramway, or bridge, and to transact the business, collect and receive tolls, hold, use, and dispose of the franchise and rights of any such railroad, tramway, or bridge, with the same powers and privileges in all respects as now or may hereafter belong to citizens or corporations of this territory: Provided, Such corporation shall file in the office of the secretary of the territory a certified copy of its charter or certificate of incorporation.
SEC. 2. That so much of section two (2) of the act entitled "An act in relation to foreign corporations holding property or doing business in this territory", approved November 29, 1871, as requires corporations to appoint an agent who shall reside in the territory, shall not apply to corporations provided for in section one (1) of this act. SEO. 3. This act shall take effect and be in force from and after its passage.
AN ACT permitting foreign corporations to transact business, and to acquire, hold, and dispose of real estate. (Approved November 5, 1875; Sess. Laws, 1875, p. 109.)
SECTION 1. That any corporation incorporated under the laws of any state of the United States, or of any foreign country, state, or colony, may acquire, hold, use, and dispose of, in the corporate name, all real estate necessary or convenient to carry into effect the objects of its incorporation and the transaction of its business, and also any interest in real estate, by mortgage or otherwise, as security for moneys due to or loans made by such foreign corporation in this territory, either prior to or after the passage of this act: Provided, Such corporation shall file in the office of the secretary of the territory a certified copy of its charter or certificate of incorporation.
SEC. 2. That so much of section two (2) of the act entitled "An act in relation to foreign corporations holding property or doing business in this territory", approved November 29th, 1871, as requires corporations to appoint an agent who shall reside in the territory, shall not apply to corporations provided for in section one (1) of this act. SEC. 3. This act shall take effect and be in force from and after its passage.
STATUTES OF 1877.
AN ACT to repeal an act entitled "An act to amend an act entitled 'An act in relation to quartz-mining claims', approved November 12th, 1875, so far as the same applies to Stevens county". (Approved November 9, 1877; Stats., 1877, p. 335.)
SECTION 1. That an act entitled "An act to amend an act entitled 'An act in relation to quartz-mining claims"", approved November 12th, 1875, be, and the same is hereby, repealed so far as it applies to Stevens county. SEC. 2. This act to take effect and be in force from and after its approval by the governor.
SESSION LAWS, 1877.
AN ACT relating to liens. (Approved November 8, 1877; Sess. Laws, 1877, p. 219.) *
CHAP. III.-LIENS OF MECHANICS AND OTHERS UPON REAL PROPERTY.
SECTION 19. Every person performing labor upon or furnishing materials to be used in the construction, alteration, or repair of any mining-claim, building, wharf, bridge, ditch, dyke, flume, tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic power, or any other structure, or who perform labor in any mine or mining-claim, has a lien upon the same for the work or labor done or material furnished by each respectively, whether done or furnished at the instance of the owner of the building or other improvement, or his agent; and every contractor, subcontractor, architect, builder, or person having charge of any mining, or of the construction, alteration, or repair, either in whole or in part, of any building or other improvement as aforesaid, shall be held to be the agent of the owner for the purposes of this chapter.
SEC. 20. Any person who, at the request of the owner of any lot in any incorporated city or town, grades, fills in, or otherwise improves the same or the street in front of or adjoining the same, has a lien upon such lot for his work done and materials furnished.
SEO. 21. The land upon which any building, improvement, or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment, is also subject to the lien if, at the commencement of the work or of the furnishing of the materials for the same, the land belonged to the person who caused said building, improvement, or structure to be constructed, altered, or repaired; but if such person owned less than a fee-simple estate in such land then only his interest therein is subject to such lien.
SEC. 22. The liens provided for in this chapter are preferred to any lien, mortgage, or other incumbrance which may have attached subsequent to the time when the building, improvement, or structure was commenced, work done, or materials were commenced to be furnished; also, to any lien, mortgage, or other incumbrance of which the lienholder had no notice, and was unrecorded at the time the building, improvement, or structure was commenced, work done, or the materials were commenced to be furnished.
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 thirty 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.
SEC. 24. In every case in which one claim is filed against two or more buildings, mines, mining-claims, or other improvements owned by the same person, the person filing such claim must at the same time designate the amount due to him on each of such buildings, mines, mining-claims, or other improvements, otherwise the lien of such claim is postponed to other liens. The lien of such claim does not extend beyond the amount designated as against other creditors having liens by judgment, mortgage, or otherwise upon either of such buildings or other improvements, or upon the land upon which the same are situated.
SEC. 25. The county auditor must record the claim mentioned in this chapter in a book kept by him for that purpose, which record must be indexed, as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees as are allowed by law for recording deeds and other instruments.
SEC. 26. No lien provided for in this chapter binds any building, mining-claim, improvement, or structure for a longer period than four calendar months after the claim has been filed, unless proceedings be commenced in a proper court within that time to enforce such lien; or if a credit be given, then four calendar months after the expiration of such credit; but no lien continues in force under this chapter for a longer time than two years from the time the work is completed by any agreement to give credit.
SEC. 27. Every building or other improvement mentioned in section nineteen of this chapter constructed upon any lands with the knowledge of the owner, or the person having or claiming any interest therein, shall be held to have been constructed at the instance of such owner or person having or claiming any interest therein, and the interest owned or claimed shall be subject to any lien provided for under the provision of this chapter, unless such owner or person having or claiming an interest therein shall, within three days after he shall have obtained knowledge of the construction, alteration, or repair, or the intended construction, alteration, or repair, give notice that he will not be responsible for the same by posting a notice in writing to such effect in some conspicuous place upon said land or upon the building or other improvements situated thereon.
SEC. 28. The contractor shall be entitled to recover upon the claim filed by him only such amount as may be due to him according to the terms of his contract after deducting all claims of other parties for work done and materials furnished as aforesaid; and in all cases where a claim shall be filed under this chapter for work done or materials furnished to any contractor, he shall defend any action brought thereupon at his own expense; and during the pendency of such action the owner may withhold from the contractor the amount of money for which the claim is filed; and in case of judgment against the owner or his property upon the lien the said owner shall be entitled to deduct from any amount due or to become due by him to the contractor the amount of such judgment and costs; and if the amount of such judgment and costs shall exceed the amount due by him to the contractor, or if the owner shall have settled with the contractor in full, he shall be entitled to recover back from the contractor any amount so paid by him, the said owner, in excess of the contract price, and for which the contractor was originally the party liable.
SEC. 29. In every case in which different liens are asserted against any property, the court in the judgment must declare the rank of each lien or class of liens, which shall be in the following order:
First. All persons other than the original contractors and subcontractors.
Third. The original contractors.
And the proceeds of the sale of the property must be applied to each lien or class of liens in the order of its rank, and whenever on the sale of the property subject to the lien there is a deficiency of proceeds, judgment may be rendered for the deficiency in like manner and with like effect as in actions for the foreclosure of mortgages.
SEC. 30. Any number of persons claiming liens may join in the same action, and when separate actions are commenced the court may consolidate them. The court may also allow as part of the costs the moneys paid for filing and recording the claim, and reasonable attorney's fee in the district and supreme court.
SEC. 31. Whenever materials shall have been furnished for use in the construction, alteration, or repair of any building or other improvement, such materials shall not be subject to attachment, execution, or other legal process to enforce any debt due by the purchaser of such materials, except a debt due for the purchase money thereof, so long as in good faith the same are about to be applied to the construction, alteration, or repair of such building, mining-claim, or other improvement.
SEC. 32. Nothing contained in this chapter shall be construed to impair or affect the right of any person to whom any debt may be due for work done or materials furnished to maintain a personal action to recover such debt against the person liable therefor.
SEC. 33. The liens provided for in this chapter may be enforced in a civil action in the same manner and under the same proceedings as govern in the foreclosure of a mortgage on real estate.
CHAP. IV.-CERTAIN LIENS FOR SALARIES AND WAGES.
SECTION 34. In all assignments of property made by any person to trustees or assignees on account of the inability of the person at the time of the assignment to pay his debts, or in proceedings in insolvency, the wages of
the miners, mechanics, salesmen, servants, clerks, or laborers employed by such persons, to the amount of one hundred dollars each, and for services rendered within sixty days previously, are preferred claims, and must be paid by such trustees or assignees before any other creditor or creditors of the assignor.
SEC. 35. In case of the death of any employer the wages of each miner, mechanic, salesman, clerk, servant, and laborer for services rendered within sixty days next preceding the death of the employer, not exceeding one hundred dollars, rank in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering upon the estate, and the allowance to the widow and infant children, and must be paid before other claims against the estate of the deceased person.
SEC. 36. In cases of executions, attachments, and writs of a similar nature, issued against any person except for claims for labor done, any miners, mechanics, salesmen, servants, clerks, and laborers who have claims against the defendant for labor done may give notice of their claims and the amount thereof, sworn to by the person making the claim, to the creditor and the officer executing either of such writs at any time before the actual sale of property levied on; and, unless such claim is disputed by the debtor or a creditor, such officer must pay to such person out of the proceeds of the sale the amount each is entitled to receive for services rendered within the sixty days next preceding the levy of the writ, not exceeding one hundred dollars. If any or all the claims so presented and claiming preference under this chapter are disputed by either the debtor or a creditor, the person presenting the same must commence an action within ten days for the recovery thereof, and must prosecute his action with due diligence or be forever barred from any claim of priority of payment thereof; and the officer shall retain possession of so much of the proceeds of the sale as may be necessary to satisfy such claim until the determination of such action, and in case judgment be had for the claim, or any part thereof, carrying costs, the costs taxable therein shall likewise be a preferred claim with the same rank as the original claim.
AN ACT to regulate the practice and proceedings in civil actions. (Approved November 8, 1877; Sess. Laws, 1877, p. 73.)
SECTION 351. The following property shall be exempt from execution or attachment, except as is hereinafter specially provided:
6. To a mechanic, the tools and instruments used to carry on his trade for the support of himself and family; also material not exceeding in value five hundred dollars in coin.
12. To a teamster and drayman engaged for his support and that of his family, his team. The word team in this subdivision means a span of horses, harness, and one wagon or dray.
Provided, That nothing in this chapter shall be construed to exempt the property, real or personal, from attachment or execution of non-residents, or a person who has left, or is about to leave, the territory for the purpose of defrauding his creditors.
CHAP. II.—LIMITATION OF ACTIONS.
AN ACT to regulate the practice and proceedings in civil actions. (Approved November 8, 1877; Sess. Laws, 1877, p. 7.)
SECTION 25. Actions can only be commenced within the periods herein prescribed after the cause of action shall have accrued, except when in special cases a different limitation is prescribed by statute; but in the district court the objection that the action was not commenced within the time limited can only be taken by answer.
SEC. 26. The period prescribed in the preceding section for the commencement of actions shall be as follows: Within twenty years:
1. Actions for the recovery of real property, or for the recovery of the possession thereof; and no action shall be maintained for such recovery unless it appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the premises in question within twenty years before the commencement of the action.
CHAP. III.-ASSESSMENT OF PROPERTY.
AN ACT to provide for the assessing and collecting of county and territorial revenue. (Approved November 14, 1879; Sess. Laws, 1879, p. 9.)
SECTION 21. The owner or holder of stock in any firm or corporation, the entire capital or property whereof is assessed, must not be assessed individually for his stock in such firm or corporation.
SEC. 22. The property of every firm and corporation must be assessed in the county where the property is situated, and must be assessed in the name of the firm or corporation unless otherwise provided by this act.
SEC. 42. Water-ditches and toll-roads-How assessed.-All water ditches constructed for mining, manufacturing, or irrigation purposes, and wagon or turnpike toll-roads, with all improvements attached to such properties, must be listed and assessed as real estate, without separating the land and the improvements, either in the description or valuation of the same, at a certain sum per mile, and all personal property not so attached must be listed and assessed as other similar personal property is listed and assessed.
SEC. 50. All lands known to contain mines, minerals, quarries, gypsum, and natural timber of value shall be assessed according to their full cash value, which shall include the value of said mines, minerals, quarries, gypsum, and timber; and the assessor shall note on his assessment roll, immediately under the description of said lands, their nature, whether coal-mines, gold-mines, silver-mines, copper-mines, iron-mines.
AN ACT conferring upon foreign corporations certain powers. (Approved November 10, 1879; Sess. Laws, 1879, p. 148.) SECTION 1. That all foreign corporations doing business in this territory are authorized to appropriate land for corporate purposes to the same extent and under the same restrictions, rules, and regulations as are prescribed by law for domestic corporations in the act of the legislative assembly of Washington territory, approved November 13, 1873, entitled "An act to provide for the formation of corporations".
SEC. 2. This act to take effect and be in force from and after its passage.
AN ACT to amend an act approved Nov. 13, 1873, entitled "An act to provide for the formation of corporations". (Approved November 14, 1879; Sess. Laws, 1879, p. 134.)
SECTION 1. That all corporations authorized to do business in the territory, and who have been or may hereafter be organized for the purpose of erecting and maintaining flumes or aqueducts to convey water for consumption, or for mining, irrigation, milling, or other industrial purposes, shall have the same right to appropriate lands for necessary corporate purposes and under the same regulations and instructions as are provided for other corporations in the act to which this is amendatory, and such corporations organized for such purposes, in order to carry out the object of their incorporation, are authorized to take and use any water not otherwise legally appropriated or legally claimed.
SEC. 2. This act shall take effect and be in force from aud after its passage.
AN ACT for the encouragement and support of mining and manufacturing. (Approved November 14, 1879; Sess. Laws, 1879, p. 124.) Whereas mining and manufacturing industries are greatly beneficial to the public and should be encouraged and supported in this territory: Now, therefore,
SECTION 1. Be it enacted, etc., That any person or persons, or company now incorporated, or that may hereafter become incorporated, under the laws of this territory, for the purpose of mining or manufacturing, shall have the right to purchase or appropriate and take possession of and divert from its natural channel and use and hold the waters of any river, creek, or stream in this territory that may be required for the mining and manufacturing purposes of any such person or persons, corporation or corporations, and to construct all dams, canals, reservoirs, ditches, pipes, flumes, and aqueducts suitable and necessary for the controlling, directing, and running such waters to their mines or manufacturing establishments of any such person or persons, corporation or corporations, where the same may be intended to be utilized for such purposes: Provided, That no such appropriation or diversion of the waters of any such river, creek, or stream from its natural channel, nor shall any such dam, canal, reservoir, ditch, pipe, flume, or aqueduct be constructed, to the detriment of any person or persons, corporation or corporations, occupying the lands or being located below the point or place of such appropriation or diversion on any such stream or its tributaries, or above or below such dam, canal, reservoir, ditch, pipe, flume, or aqueduct, or of the owners of the lands through which the waters run in the natural course for the deprivation of the same, or the owners of the land through or upon which such dam, canal, reservoirs, ditch, pipe, flume, or aqueduct may pass through or over, or be situated upon, unless just and adequate compensation be previously ascertained and paid therefor.
SEC. 2. That the mode of proceeding to appropriate, take possession of and divert such waters, and to build such dam, canal, ditch, reservoir, pipe, flume, or aqueduct, as prescribed in section one of this act, when the parties cannot agree upon the purchase thereof, shall be the same as prescribed in chapter four of an act to provide for the formation of corporations, approved November thirteenth, eighteen hundred and seventy-three, except that the amount of the benefits accruing to the residue of the property of the same individual or corporation, by reason