Sivut kuvina
[ocr errors][ocr errors][ocr errors][merged small][merged small]

§ 182. Limitation of actions.1-By Section one of the statute, the time within which actions for the recovery of property in mining claims, or the possession thereof may be maintained, is two years from the seizin or possession of the property by the plaintiff, his ancestor, predecessor, or grantor. By Section two, the same limitation is fixed to actions, or defenses to actions founded upon the title to property in mining claims, or to the rents and profits out of the same. The action or defense cannot be maintained unless it appear that the plaintiff or defendant, or the person under whose title the action or defense is prosecuted or made, his ancestor, predecessor, or grantor was so seized or possessed, within two years next preceding the bringing of the action.

1 Stat. 1863-64, p. 91.

§ 183. Foreign miners.1-It was provided by statute that only citizens of the United States and California Indians should be allowed to take gold from any of the mines of the state, without first having obtained a license therefor and paid a license tax. That foreigners (aliens) without such license should not be allowed to prosecute or defend any action in the courts of the state, and that the employers of such foreigners should be liable for the amount of such license tax for each alien so employed.2 This statute was repealed by a subsequent act, in which the greater part of the repealed statute was re-enacted, omitting the exclusion of foreigners from the right to prosecute or defend actions.3 A subsequent amendment extended the right to mine without license to those who had declared their intention to become citizens prior to the passage of the act.4 An act repealing and re-enacting the foregoing provisions left the requirement of a license from foreign miners; classifying those who might become citizens, and excluding others; requiring the

tax of $4 to be paid monthly, and declaring that such license was not transferable.5 Still later the matter was under legislative consideration, and it was enacted that all persons and companies interested with such unlicensed foreigners, as partners, lessors, or otherwise in mining, should be liable for the license tax of each foreigner with whom such person or company was interested; that the mining ground, improvements, tools and machinery could be sold for the payment thereof; that the collector could summon and examine under oath any person or company believed to have in his possession, or under his control, any money, gold dust, or other property of such foreign miners; or as to the indebtedness of such person or company to such foreign miners. And in case of such possession or control of property, or indebtedness to such foreign miners, the collector was authorized to collect from the person or company so indebted the amount of the license tax, and require the delivery of the gold dust, money or property.6 The foregoing provisions, except such as had been repealed, as already noticed above, were re-enacted in substance, and it was provided that in collecting such license tax the collector could seize and sell the property of the persons liable, on one hour's notice, at public auction, and after deducting the tax and expenses, pay over the balance to the owner of the property; that he might follow delinquents into other counties; that he might administer oaths to foreigners without certificates of naturalization; that all foreigners not eligible to become citizens residing in mining districts should be considered miners; that delinquents from whom collection could not be made, should be required to work on the roads at $1 per day to liquidate the amount, and failing or refusing to perform such work, would be guilty of misdemeanor, punishable by imprisonment in the county jail not less than five nor more than thirty days.7 The


only other provision on this subject is one providing for the distribution of the proceeds of miners' licenses, 10 per cent. to the school fund, and the residue to the general funds of the county, and directing how and by whom the license shall be issued; the record to be kept, and providing for official reports to the board of supervisors.8

1 Stat. 1850. Repealed March 14, 1851.

2 Stat. 1852, p. 84.
3 Stat. 1853, p. 62.
4 Stat. 1854, p. 55.
5 Stat. 1855, p. 216.
6 Stat. 1858, p. 302.
7 Stat. 1861, p. 447.
8 Stat. 1867-68, 173.

§ 184. Mining Corporations.-The first enactment concerning corporations provides for a certificate of corporation by the incorporators; the filing of the certificate; the management of the company's business and election of trustees; the appointment of officers; authorizes trustees to make calls and pass by-laws; declares stock to be personal property, and prescribes when shares are not transferable; makes a certified copy of certificate evidence of incorporation; requires certificate of capital to be filed with county clerk; requires annual reports; provides that dividends shall only be declared from actual profits; capital stock to be paid in money; liability of officers for all corporate debts, in case of false certificate or report; exempts personal representatives of deceased stockholders from personal liability, but allows them to vote as stockholders; personal liability of other stockholders; permits change in nature of business or amount of capital, and prescribes the manner in which such change may be effected by stockholders' meetings; fixes the liability of trustees for debts in excess of capital; declares when stockholders shall not be personally

liable; provides for an alphabetical list of stockholders, upon which all transfers must be entered to be valid; that such list shall be open to inspection; makes the list evidence; prescribes a penalty for refusing to make entry in the list, or to exhibit the same when required.1 By act of April 14, 1853,2 the method of forming mining and other specially designated corporations is prescribed, and it is provided by Section twenty-seven of the act that corporations formed thereunder shall not be subject to the provisions of the act of 1850. Section one provides that "such corporations and the members thereof, being subject to all the conditions and liabilities herein imposed, and to none others." This section is amended, so as to limit the quantity of land to be held by mining companies to what is actually necessary to carrying on the business of the company, in no case to exceed 1,440 acres, and "an individual member of such company or association, in his corporate capacity," is limited to holding or owning not to exceed 80 acres. Agricultural corporations are disqualified from holding mineral lands; but the amendment disclaims retroactive force.3 Section two of the act, which prescribes that three persons may form the corporation, the proceedings and the certificate of incorporation, is amended, requiring a certificate to contain the corporate name; the objects; amount of capital stock; time of corporate existence-not to exceed fifty years; number of shares; number and name of trustees to manage the business for the first three months, and the names of city or town and county in which the principal place of business is to be located. This certificate is to be signed and acknowledged before a competent officer, filed in the office of the county clerk of the county of the principal place of business, who shall certify to a copy to be filed in the office of the secretary of state. The amendment also cures all former corporate acts of companies that had

[merged small][merged small][ocr errors]

previously filed the certified copy of their certificate with
the secretary of state, and declares such companies le-
gally incorporated, and their former acts lawful. A sub-
sequent amendment of the same section has the addi-
tional requirement that a certified copy of the certificate
shall be filed in the office of the clerk of each of the sev-
eral counties in which it is proposed to carry on business.4
Section three renders (copies of the certificate evidence.
Section four defines the corporate powers. Section five
provides for a board of trustees; the election of members
thereof; the filling of vacancies therein; their duties and
powers, and how such duties and powers shall be exer-
cised. Section six provides for elections. Section seven
that a majority of the board shall constitute a quorum.
Section eight, meetings. Section nine, capital stock and
mode of transfer. Section ten, payment of subscriptions;
penalty for failure to pay, and the mode of sale for delin-
quency. Section eleven, representation of stock by agents.
Section twelve defines the status of hypothecated stock.
Section thirteen defines the duties of trustees respecting
the declaration and payment of dividends; the preservation
of the capital stock inviolate; prescribes a penalty for
the violation thereof, and fixes the liability of trustees
assenting to such violation. It also provides for a divis-
ion of stock after payment of debts. Section fourteen
prohibits the incurring of indebtedness beyond the capi-
tal stock, and renders those liable who violate the prohi-
bition. Section fifteen forbids the issuing of bills of
credit. Section sixteen, as to the individual liability of
stockholders, is so amended as to render them propor-
tionately liable, jointly or severally, for all the debts of
the company incurred during the time such stock was
held. Payments made by any one of such stockholders
shall be taken into account and credited to his stock, and
judgment cannot be obtained against any stockholder

« EdellinenJatka »