Mining corporations may sue An Act empowering corporations and associations for mining to sue individual members. Approved December 19, 1862, 72. 274. SECTION 1. Corporations, and associations, and companies, formed for mining purposes, are hereby authorized, in delinquents. their corporate or associated name, to institute suits against any one or more of their members who may be delinquent in the payment of their assessments. Intention of suit to be published. Majority of members to authorize suit. Competent witnesses. Application of Act. Welland v. Huber, 8 Nev. 203. 275. SEC. 2. Before such suit is brought before any court having jurisdiction of the amount, such delinquent, and the amount he may owe, and the intention to institute suit thereon, shall be advertised in a newspaper published in the county where the mining claim is located, and if no newspaper be published in such county, then in a newspaper published in the nearest adjoining county, for at least once a week for one month before such suit is instituted. 276. SEC. 3. It shall be proved on the trial of such suit that the trustees or managing agents of said corporation, or association, or company, were fully authorized to institute such suit by a majority of the members of said corporation, or association, or company. 277. SEC. 4. The members of such corporation, association, or company, shall be competent witnesses to establish the assessment and indebtedness of the delinquent member. 278. SEC. 5. This Act shall apply only to such corporations, associations, and companies, who are actually engaged in mining, and for delinquency in assessments for mining. Boylan v. Huguet, 8 Nev. 345, Power to An Act concerning the powers of corporations. Approved March 3, 1866, 204. 279. SECTION 1. All corporations for the purpose of minpurchase and ing, formed, or which may be hereafter formed, under the laws hold mining property. of the State of Nevada, or which were formed under the laws of the territory of Nevada, shall have power to purchase and hold such mining property as they may deem meet. How exercised. 280. SEC. 2. The power to make such purchases by any corporation shall be exercised only by a majority, in interest, of all the stockholders in any such corporation, or by such person or persons as may, by such majority, be duly appointed to act in their stead An Act to enable mining corporations to consolidale, and defining the manner of such consolidation. Approved February 26, 1883, 16. mining com stockholders advertise ment. 281. SECTION 1. It shall be lawful for two or more corpor- Two or more ations formed, or that may be hereafter formed, under the laws panies may of this state for mining purposes, which own or possess mining consolidate. claims or lands adjoining each other, or lying in the same vicinity, to consolidate their capital stock, debts, property, assets and franchises in such a manner and upon such terms as may be agreed upon by the respective boards of directors or trustees of such companies so desiring to consolidate their interests; but no such consolidation shall take place without the consent of stockholders representing two-thirds of the capital Consent of stock of each company, and no such consolidation shall in any required. way relieve such companies or the stockholders thereof from any and all just debts and liabilities; and in case of such consolidation, due notice of the same shall be given by advertise- Notice by ment for at least twenty days in one newspaper in the county and state where the said mining property is situated, if there be one published therein, and also in one newspaper published in the county where the principal place of business of any of said companies shall be; and when the said consolidation is completed a certificate thereof containing the manner and termis of said consolidation shall be filed in the office of the County Certificate, Clerk of the county in which the original certificate of incorporation of any of said companies shall be filed, and a copy thereof shall be filed in the office of the Secretary of State. Such certificate shall be signed by a majority of each board of How signed. directors of the original companies; and it shall be their duty to call, within thirty days after the filing of such certificate, and after at least ten days public notice in some newspaper in the county where its property is situated, a meeting of the stockholders of all of said companies so consolidated, to elect a board Board of of trustees or directors for the consolidated company for the trustees or year next ensuing. Said certificate shall also contain the name of the company, the object for which it, the same, has been formed, which shall be the same as the original corporations, the amount of its capital stock, the time of its existence (not to exceed fifty years), the number of shares of which the capital Certificate, stock shall consist, the number of trustees or directors who shall what to manage the affairs of the company for the first year, and the name of the city or town in which the principal place of business of the company is to be located. where filed. Directors. contain. writing. 282. SEC. 2. When two or more companies may desire to Stockholders' consolidate in accordance with the provisions of section one of consent in this Act, and shall have given the required notice, as in said section provided, any stockholder consenting thereto shall be required to give his consent in writing, stating the number of shares held by him, and that he is in favor of such consolidation; Proxy. Foreign cor consolidate with home corporations." ness, where. provided, that any and all stock standing in the name of trustees may be voted by such trustees the same as by the owners thereof, and the consent of such trustees shall be equivalent to the consent of such owners; and, provided further, that any person holding the general proxy of any stockholder shall be entitled to give or refuse his consent to such consolidation, the same as the owner of such stock for which said proxy is held. 283. SEC. 3. The provisions of this Act shall be construed porations may to permit and allow foreign corporations, owning mining property in this state, to consolidate with corporations organized under the laws of this state; provided, that in all such cases the principal place of business of such consolidation, when effected, Principal place of busi- shall be located in the State of Nevada, or in the state where such foreign corporation desiring such consolidation resides, as may be determined by a vote of two-thirds of the stockholders of such consolidation after the same shall be completed, and in case it shall be determined upon such vote being had, to remove the principal place of business of such consolidation out of this state, the certificate provided for in section one shall be amended so as to show the county and state where the principal place of business is located; and, provided further, that in case the principal place of business of such corporation shall be removed out of this state, there shall be an agent of such corporation appointed in this state, in the county where its property is situated, upon whom all legal process may be served, and the failure of such corporation to appoint such agent shall subject it to a fine of fifty dollars per day, to be recovered in the name of the State of Nevada, as in other cases of fines and penalties. Agent to be appointed, when. Penalty. Amount of stock required to allow visitors to enter mines. An Act to protect the rights of owners of stock shares and other interests in the mineral and metal yielding mines of this state. Approved February 21, 1877, 80. 284. SECTION 1. Any person who shall be the bona fide owner of stock shares representing the value of one-fifth of one per cent. of the original capital stock of any company incorporated for the purpose of working upon and mining in any lode, ledge, deposit, or bed of the precious metals, or useful minerals, in this state, and any number of persons who shall be the bona fide owners of an aggregate number of mining shares, amounting in value to one-fifth of one per cent. of said capital stock, at Privilege to the time application for a permit to examine any such mine shall be made, such owner or owners of mining stock shall, upon a written order from the County Clerk, or from the Justice of the Peace of the county in which such lode, ledge, deposit, or bed is located, be entitled to the privilege of fully examining all of the shafts, adits, borings, drifts, stopes, hoisting apparatus, visit, how obtained. examine and every and all properties and appurtenances belonging to any such mining company; provided, that not more than one Proviso. owner of said percentage or aggregate percentages of such mining stock shall either in person, or by an accredited agent, be Agents entitled to such written order for examination of any specified led to mine or mining property oftener than twice in one month; these mines.. days shall, however, not be more than fourteen, nor less than Visiting days. fifteen days apart. It shall be the duty of the superintendent Duty of or other person or parties in charge of any incorporated mining denis, etc. claim, or mining property in this state, to keep posted in some Notices to be conspicuous place at or near the mine, the day of the week in posted up. which authorized stockholders may be admitted under the provisions of this Act.-As amended, Stats. 1879, 57. superinten 283. SEC. 2. The County Clerk, or Justice of the Peace, Book to be in each of the counties of this state, shall keep in his office a kept. suitable book of registration, in which he shall enter the names of all persons who shall be entitled to the privileges granted by this Act; and the County Clerks or Justices of the Peace of the several counties in this state are hereby authorized to administer an oath or affirmation to each and every applicant for suid Oaths privilege; and for administering such oath or affirmation, and for registering the name of the applicant, the Clerk or Justice of the Peace shall receive a fee of one dollar, to be paid by the Fee. applicant at the time of registration. authorized. present stock stock re 286. SEC. 3. Upon making application as provided in Applicant for section two of this Act, for the privilege of entering and admission to examining any of the mining properties mentioned in section certificates. one of this Act, the applicant shall present to the County Clerk or Justice of the Peace, certificates of stock shares representing in value one-fifth of one per cent. of the original capital stock Amount of of the company whose mine or mining property he or she quired to be desires to examine. Thereupon the applicant shall make oath represented. or affirmation that the said stock certificate or stock certificates presented by him or her are actually his or her own property, or that such certificates of stock at the time of presentation really belong to the party or parties whom he or she is, under the provisions of section one of said Act, authorized to represent. As amended, Stats. 1879, 57. how issued. 287. SEC. 4. Immediately upon complying with the pro- orders for visions of section three of this Act, it shall be the duty of the admission, County Clerk, or Justice of the Peace, to furnish the applicant with a written order for admission to the mine and mining properties which he or she may desire to examine.-As amended, Stats. 1879, 57. admit appli 288. SEC. 5. Any mining superintendent, or mining fore- Penalty for man, or mining secretary of any incorporated mining company refusing to in this state, acting under and for such mining company, who cant to mine. shall fail or refuse to comply with any of the conditions mentioned in section one of this Act, shall for each and every such failure or refusal be deemed guilty of a misdemeanor, and upon conviction in any court of competent jurisdiction, shall be fined Act to take effect. in any sum not less than one hundred ($100) dollars, and not exceeding five hundred ($500) dollars, or by imprisonment in the county jail for a term not less than thirty days and not exceeding six months, or by both such fine and imprisonment. 289. SEC. 6. This Act shall take effect from and after the first day of April, eighteen hundred and seventy-seven. Ex parte Deidesheimer, 14 Nev. 311. be erected. An Act to secure persons and animals from danger arising from mining and other excavations. Approved February 8, 1856, 59. Safeguards to 290. SECTION 1. Any person or persons, company or corporation, who shall hereafter dig, sink, or excavate, or cause the sume to be done, or being the owner or owners, or in the possession, under any lease or contract, of any shaft, excavation, or hole, whether used for mining or otherwise, or whether dug, sunk, or excavated, for the purpose of mining, to obtain water, or for any other purpose, within this state, shall, during the time they may be employed in digging, sinking, or excavating, or after they may have ceased work upon or abandoned the same, erect, or cause to be erected, good and substantial fences, or other safeguards, and keep the same in good repair, around such works or shafts, sufficient to securely guard against danger to persons and animals, from falling into such shafts or excavations. Notice of preceding section may be filed. shall state. 291. SEC. 2. Any person being a resident of the county, violation of and knowing, or having reason to believe, that the provisions of section one of this Act are being or have been violated within such county, may file a notice with any Justice of the Peace or Police Judge therein, which notice shall be in writing, and shall What notice state: First-The location, as near as may be, of the hole, excavation, or shaft. Second-That the same is dangerous to persons or animals, and has been left, or is being worked, contrary to the provisions of this Act. Third-The name of the person or persons, company or corporation, who is or are the owners of the same, if known, or if unknown, the persons who were known to be employed therein. Fourth-If abandoned, and no claimant; and, Fifth-The estimated cost of fencing, or otherwise securing the same against any avoidable accidents. Upon filing notice, the Justice or an order, etc. 292. SEC. 3. Upon the filing of the notice, as provided for in the preceding section, the Justice of the Peace, or Judge Judge to issue of the police court, shall issue an order, directed to the Sheriff of the county, or to any Constable or City Marshal therein, directing such officer to serve a notice, in manner and form as is prescribed by law for service of summons upon any person |