66

entitled An Act to provide for constructing and maintaining toll roads and bridges in the State of Nevada," approved March eighth, eighteen hundred and sixty-five.

right and

Construction

1063. SEC. 3. Whenever any tramway incorporation shall Exclusive have filed a profile map of a survey of their route, as hereinbe- term of fore provided, said corporations and their assigns shall have the franchise. exclusive right to use the said route for the construction and operations of a wire suspension tramway, and to charge toll for transportation thereon; and no other person, association, or corporation, shall within fifteen years thereafter construct or operate another parallel line of tramway within five hundred of tramway. yards of said line; provided, that if said proposed lines shall be five miles or less in length, that the whole line shall be finished and ready for operation within eighteen months from the date Progress to of the filing of the profile map of said survey; and if the said be made. proposed route shall be more than five miles in length, the said corporation shall complete an additional five miles of said line each year thereafter, until the whole of said line shall be completed; provided, that nothing in this Act shall be so construed Mining as to prevent the owner of any mine or mining company from exempted. constructing a tramway or tramways for their own use.

companies

An Act to regulate rafting and running timber and wood on the

rivers in the State of Nevada.

Approved March 3, 1866, 198.

how formed.

1064. SECTION 1. SECTION 1. That any number of persons, not less Corporations, than five, may be formed into a corporation for the purpose of running, driving, booming, and rafting logs, timber, lumber, and wood, on any of the streams or water within this state, by complying with the following requirements: Notice shall be given in at least one newspaper printed in the county, or in Some one of the counties, in which said stream or water may be; and if there be no newspaper printed in such county or counties, then such notice shall be printed in some newspaper in some adjoining county, having circulation in said county or counties, of the time and place where all persons desirous of forming such corporation may meet and subscribe articles of association, adopt by-laws, and elect Directors of such corporation; in which articles of association shall be set forth the name of the corporation, the number of years the same is to be continued, which shall not exceed thirty years from the date of said articles; the number and names of the Directors who shall manage the concerns of the corporation for the first year, and who shall hold their offices until others are elected; the stream or waters upon which the business of said corporation is intended to be done, and the place within this state where the business office of said corporation shall be kept.

Articles of association.

Powers.

1065. SEC. 2. Each subscriber to such articles of association shall subscribe thereto his name and place of residence. The articles of association shall be filed in the office of the Secretary of State; and thereupon, the persons who have so subscribed, and all persons who shall, from time to time, associate themselves with them, shall be a body corporate, by the name specified in such articles; and as such shall be capable of suing and being sued in all courts and in all manner of actions, and may have a common seal, and shall have power: First-To acquire and hold, by purchase, gift, grant, lease, or otherwise, any lands, tenements, hereditaments, and appurtenances for the erection of mills, offices, houses, or other buildings necessary and proper for carrying on the business of said corporation. Second-To elect, from the members of the corporation, a Board of Directors, to consist of not less than three nor more than seven, who, after the first year, shall be elected annually, at such time and place, and in pursuance of such notice (not less than thirty days) as may be prescribed by the by-laws of the corporation. Said Board of Directors shall hold their office for one year, and until their successors shall have been elected. A copy of any articles of association, filed in pursuance of the power hereby granted, with a copy of an affidavit made and attested by two Directors named therein, setting forth that all prior proceedings of said corporation had been in strict conformity with all the provisions of this Act, indorsed thereon or annexed thereto, and certified by the Secretary of State to be a true copy of the whole of such articles of association and of such affidavit, shall be, in all courts and places, presumptive evidence of the incorporation of such association and the facts therein stated. Third-To appoint all agents and attorneys needful and proper, in the prosecution of the business or affairs of the corporation, and fix their compensation. Fourth-To assess and collect all rates, dues, and sums of money from the members of said corporation, by demand, suit, or otherwise, in any place or court of proper jurisdiction, according to law, the provisions of the articles of association, by-laws, and regulations of said corporation or of the Board of Directors thereof. Fifth-To make and construct all proper and necessary rollways, booms, piers, and other constructions along said stream or water, for running, driving, booming, or securing said logs, timber, lumber, and wood; provided, that no such rollway, boom, or pier, or other construction, shall interrupt or hinder the free use and navigation upon such streams or waters; and, provided further, that nothing contained in this Act shall authorNot to inter- ize any corporation formed under the same, to injure or in anywise interfere with any dams, ditches, or flumes that are constructed, or may be hereafter constructed, for milling or farming purposes; provided, that all dams hereafter constructed shall, whenever the same is required by any corporation hereafter formed under this Act, provide suitable and necessary chutes and aprons, for the purpose of passing over or through said dam, logs, or other timbers; and, provided further, that the

Proviso.

fere with

dams, etc.

Proviso.

rights

rights of those owning lands upon such streams and rivers, shall Not to internot be interfered with or infringed upon. Sixth-To collect and fere with remove from all islands and lowlands any logs, timber, lumber, laud owners. or wood belonging to such corporation, that may be carried out by the waters of overflow, or the overflowage of the banks of such streams or water, and drifted or lodged upon any such island or lowland, and return the same to the main channel of the river. Seventh--If any person shall put, or cause to be put, into such stream or waters, any logs, timber, or wood, and shall not make adequate provisions, and put on sufficient force for breaking jams, or for running, driving, booming, rafting, securing, or clearing the banks of the same, and thereby obstruct the floatage or navigation, then such corporation shall have power to remove from such streams or waters all such obstacles of every character, including jams of logs, timber, lumber, and wood, to run, drive, boom, raft, secure, and clear the banks of the same, at the proper charge and expense of the person or persons owning said logs, timber, lumber, or wood, proportionate to the number, quantity, and the expense of running and securing the same; and said corporation shall have a lien thereon, Lien. and may sell a sufficient quantity thereof, at public vendue or auction, on not less than thirty days' notice, either personally Notice. served upon such owner, or posted in three or more conspicuous places in the county where such property is held, boomed, or secured. In all such cases such notice shall be posted in the office of the corporation, and such notice shall set out: FirstThe mark, description, and supposed ownership of such property; and, Second-The amount of the charges for which the same is to be sold, together with the expense of such sale. all such sales, logs, timber, and lumber shall be rated and sold by the one thousand feet, board measure, and wood by the cord, as laid down by Scribner's rule; provided, that nothing in Proviso. this Act contained shall be construed to prevent or hinder any person or persons from running, driving, booming or rafting their own logs, timber, lumber, or wood, at such time and in such manner as their interests may require; and, provided, that no person owning, running, driving, booming, or rafting logs, timber, lumber, or wood in or upon such stream or waters shall leave the same in such a situation as to obstruct the floatage, or navigation, or clearing of the banks of such stream or waters, or in any manner thereby deprive individuals, or the public, of their natural rights, except when logs, timber, wood, or lumber public or shall have been secured in a boom at the place where the same individuals is to be taken out of the river; then any party or parties, com- deprived of pany, or corporation, coming after, shall drive through said natural logs, timber, wood, or lumber, so boomed, at their own expense; and when the drives of two or more parties have been mixed, then the party or parties, desiring to drive further down, shall part out their own logs, timber, wood, or lumber, and take the Same through said booms at their own expense; provided, any damage to ranches, bridges, dams, or other property, on any ranches, etc. river or stream, by the parties using the same in floating logs,

At

not to be

rights.

Damages to

Proviso.

May have a lien.

Notice of members of corporation and owners

of wood to be kept posted in office.

or timber, or otherwise, shall be appraised by three appraisers, one to be chosen by the party injured, one by the Superintendent of the incorporation, or other party complained of, the other by the two so chosen; the decision of the said appraisers shall be final and binding on both parties, and the damage so determined shall be promptly paid; and if the damages, so appraised, are not paid within one month after the same are appraised, then the party liable shall be liable in double the amount of damages so appraised, and the court shall give judgment, in case of suit, for such double damages; provided, that any person owning logs, timber, lumber, or wood, intended to be run or driven upon such stream or waters, or interested in running, driving, booming or rafting the same, may become a member of such corporation, upon application, by signing the articles of association of such corporation, and paying his proportion of the expenses of establishing, maintaining, and conducting its affairs.

1066. SEC. 3. Said corporation shall have a lien on all logs, timber, or wood, run, driven, boomed, rafted, cleared from the banks, or secured by such corporation, whether of its members, or other persons, whose logs, timber, lumber, or wood, have been run, driven, boomed, rafted, cleared from the banks, or secured by virtue of any contract, to that purpose, by and between such persons and such corporation, and may sell the same on not less than thirty days' notice, made and published in like manner, and to like effect, as provided for in the preceding section, unless otherwise provided by contract.

1067. SEC. 4. Such corporation shall keep posted, in some conspicuous place in their office, a list of the names, with place of residence, of all the members thereof, and of all persons whose logs, timber, lumber, or wood they have contracted to run, drive, boom, raft, clear from the banks, or secure, with a description of each mark intended to be used upon such logs, timber, lumber, or wood, so far as the same may be known; and if any person owning or interested in the running and securing of any logs, timber, lumber, or wood on such stream or waters, shall furnish to the Secretary of such corporation a like list of the name, residence, and mark or marks of such person or persons, the Secretary shall post the same in like manner as hereinbefore provided; and every such person shall be entitled to ten days' notice in all cases provided for in section two, specification seventh, to be given in the same manner as therein provided; and such person or persons owning or interested in the running and securing, as aforesaid, any logs, timber, lumber, or wood on such stream or waters, shall, before floating the same, cause to be filed in the office of the corporation, and filed and recorded in the office of the Clerk of the county in which the office of such corporation may be kept, his or their name, residence, and place of business, and private mark to be used by such person or persons, which mark shall differ palpably and materially in form, figure, and design from any mark previously so placed on file as aforesaid, and shall thereafter

vate mark to

etc.

Limb or

be measured.

stamp, impress, or hack the same on all timber, lumber, or wood Owner's pribelonging to him or them; provided, that any person intending be placed on or desiring to raft or drive any limb or small wood shall not be all timber, compelled to mark the same before putting it in the river, but shall have the same measured by some person appointed for that purpose by the corporation, who shall make oath before small wood to some Justice of the Peace, or other officer authorized to administer oaths, that he has measured said wood, stating the number of cords thereof, and thereupon the Justice of the Peace, or other officer administering the oath, shall issue to the party oath and ceror parties a certificate, stating the name or names of the owner tificate to be or owners, the number of cords of wood, the place where and the time when the same was put into the river. Said certificate shall be prima facie evidence of the facts therein stated. When Division of the wood shall have been driven or rafted down to its destination, then a division shall be made on the basis of the certificates held by each of the parties or owners, and each owner or holder of such certificate shall receive his pro rata or share, and shall sustain his pro rata or share of loss on all the wood sunk or lost while being driven.-As amended, Stats. 1875, 61.

1068.

made.

wood.

for altering marks, etc.

SEC. 5. Whoever shall unlawfully cut out, alter, or Punishment destroy any marks of the owner, made or impressed thereon, or who shall convert to his own use, without the consent of the Owner, any logs, timber, lumber, or wood, in this state, shall forfeit, for the benefit of the school fund, a sum not exceeding twenty-five dollars for each log, piece of lumber, timber or wood, the mark on which he shall have so altered, cut out, defaced, or destroyed, or which he shall have so converted to his own use aforesaid, and shall be liable to the party injured in treble damages, the aforesaid forfeiture to be the basis, or form the data from which to assess damages, such damages to be recovered before any court of competent jurisdiction; and such person shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months.

officers and

1069. SEC. 6. The Board of Directors, hereinbefore pro- Directors to vided for, may elect from their number a President, and appoint elect certain a Treasurer and Secretary, who shall give such bonds as the fill vacancies. Board of Directors may require; and in case any vacancy shall occur in said board, the remaining Directors may elect any member of said corporation to fill such vacancy, as Director, for the unexpired term, and until their successors are elected; and in case said annual election of Directors, from any cause, shall not be held at the time appointed, it shall be lawful to hold the same at any time thereafter, upon giving the notice herein before provided.

1070.

SEC. 7. The books and records of the corporation Books and

shall be open to inspection by the members of the corporation, records open. and such reports and statements shall be made and published from time to time, as they may, by their by-laws, require.

1071. SEC. 8.

The right is hereby reserved to the legisla