ligious, social, scientific, or benevolent association, or branch thereof, were present at such election and signed the articles of agreement and the result thereof; to be verified by the officers conducting such election. Said directors or other officers shall qualify and continue in office as provided in the articles of agreement or by-laws consistent with this act.

Such corpora

estate.

SEC. 24. Corporations referred to in the two preceding sections may hold all the property of the association, tions may own or members thereof, owned prior to incorporation or ac- or hold real quired thereafter in any manner, and transact all business relative thereto; but no such corporation must own or hold more real estate than may be necessary for the business and objects of the association; Provided, That incorporated associations of Masons, Odd Fellows, endowed institutions of learning, or other associations, under the provisions of this act, may hold such real estate as may be necessary to carry out their charitable purposes, or for the establishment and endowment of institutions of learning connected therewith. The directors must annually make a full report of Directors must all property, real and personal, held in trust for their corporation by them, and of the condition thereof to the members of the association for which they are acting.

make annual report.

gage or sell sonal property.

SEC. 25. Corporations organized by members of Such corpora associations mentioned in Section 22 of this act, may, when tions may mortnecessary for their good, mortgage or sell their real or their real or perpersonal property; Provided, That such mortgage or sale must be authorized by a two-thirds' majority vote of its members present at a duly called meeting for that purpose. Such sale may be made by the directors of such corporation and the proceeds thereof used as may be provided by the by-laws thereof.

organizations.

SEC. 26. All associations incorporated, or purported Method of vali to be incorporated under the laws of this Territory, which dating defective have heretofore filed, acknowledged, verified and recorded their articles of agreement, or incorporation, in any county of the Territory, shall be established and confirmed as corporations from the time of the organization thereof, as fully as if said articles were acknowledged, verified, filed and recorded in the county of the principal place of business of said incorporation, upon the filing by such incorporation of certified copies of its articles and certificate of incorporation with the Secretary of the Territory, and with the clerk of the county court of the county of this Territory in which its principal office or place of business is situated.

file

SEC. 27. All corporations not organized under the Foreign corpora- laws of Utah now doing business in this Territory, shall articles in secre within sixty days after the passage of this act, and all office of probate other foreign corporations within sixty days after com

tary's office, and

judge.

person on whom process may be served.

mencing business in this Territory, file with the Secretary of the Territory and with the probate judge of the county wherein their principal office in this Territory is situated, certified copies of their articles and certificate of incorporation and by-laws, and in case of alteration and amendment of said articles or by-laws thereafter, shall file certified copies of such alteration or amendment with each of said officers, within thirty days after their adoption. Such corporation shall also within sixty Must designate days after commencing business in this Territory, designate some person residing in the county in which its principal place of business in this Territory is situated, upon whom process issued by authority or under any law of the Territory, may be served, and shall file such designation with the probate judge of said county, and with the Secretary of the Territory; and a copy of such designation duly certified by either of said officers, shall be evidence of such appointment, and it shall be lawful to serve on such person so designated any process issued as aforesaid, and such service shall be deemed to be valid service thereof. Any such corporation failing to comply with the provisions of this section, shall not be entitled to the benefits of the laws of this Territory, limiting the time for the commencement of civil actions.

Penalty.

companies may be organized.

CHAPTER II.

SEC. 1. Any number of persons, not less than three, How telegraph two-thirds of whom must be residents of this Territory, may associate and form a company for the purpose of constructing, owning, holding and working a line or lines of telegraph in this Territory, upon the terms and conditions and subject to the liabilities prescribed in this act.

What certificate of organization must specify.

SEC. 2. Such persons under their hands shall make a certificate which shall specify:

1. The corporate name of the company. 2. The general route of the principal line or lines of telegraph, designating the principal points to be connected thereby. 3. The amount of the capital stock of the company, and the number of shares into which the same shall be divided.

4. The names and places of residence of the principal shareholders, and the number of shares subscribed for by each. 5. The period of existence of said company, not to exceed fifty years. Which certificate shall be proved or acknowledged and filed in the office of the county clerk of the county in which one of the principal offices of said company shall be established, and a copy certified by the county clerk filed in the office of the Secretary of the Territory, who shall issue to such corporation under the great seal of the Territory a certificate of incorporation.

SEC. 3. Upon the issue of the certificate of incorporation, such body shall become a body corporate by the Where to be name designated in said certificate, and shall be entitled to filed. all the rights and privileges and subject to the liabilities common to corporations; and a copy of said certificate certified to by the county clerk, or the certificate of incorpora

Territory must

tion or a certified copy thereof, under the hand of the Secretary of Secretary of the Territory, with the seal of State attached issue certificate. may be used as evidence in all courts and places.

SEC. 4. Such company shall have power to purchase, Powers of take, receive, hold, use and vend to others to be used any company. patent or patents for telegraphing, and any and all rights thereunder; to purchase, take, receive, hold and maintain any and all rights, privileges and franchises relating to the business of telegraphing; to make, receive by assignment, or ratify by contract or agreement for the building, maintaining, controlling, or working of any line or lines of telegraph; to construct, purchase, lease, take, receive, hold, control and work any lines for telegraphing within the Territory of Utah; and to purchase, take, lease, hold, own, use and occupy any personal or real estate, rights, property telegraph lines, grants, franchises and privileges, that may be proper or convenient for the complete transaction of its business, or for effectually and conveniently carrying out the objects and purposes of said company. It shall also have power to appoint such directors, officers and agents, and to make such rules, regulations and by-laws as may be necessary or proper in the transaction of its business, and not inconsistent with the laws of this Territory or of the United States.

graph.

SEC. 5. Such company is authorized to construct Where auth lines of telegraph along and upon any road or highway, or ized to construc across any of the waters or over any lands within the limits lines of teleof this Territory, by the erection of the necessary fixtures, including posts, piers or abutments, and the appropriation of any standing trees, except fruit and ornamental

Commissioners to assess damages; oath of, compensation.

May lease or

sell and convey

trees and trees within enclosures, for sustaining the wires of said lines; Provided, The same shall not be so constructed as to incommode the public use of said road or highway or injuriously interrupt the navigation of said waters.

SEC. 6. If any person over whose lands said lines shall pass, upon which posts, piers or abutments shall be placed, or standing trees appropriated, shall consider himself aggrieved or damaged thereby, it shall be the duty of the probate court of the county within which such lands are, on the application of such person and on notice of such application being served on the president or any director of such company, to appoint three discreet and disinterested persons as commissioners, who shall severally take an oath before any person authorized to administer oaths, faithfully and impartially to perform the duties required of them by this act, and it shall be the duty of said commissioners or a majority of them to make a just and equitable appraisal of all the loss or damage sustained by said applicant by reason of said lines, posts, piers, or abutments, or appropriation of standing trees, duplicates of which said appraisement shall be reduced to writing and signed by said commissioners or a majority of them; one copy shall be delivered to the applicant and the other to the president or any director or officer of said company or corporation, on demand; and in case any damage shall be adjudged to said applicant, the company or corporation shall pay the amount thereof, with the costs of said appraisal, said costs to be set forth and liquidated with the damages appraised; and said commissioners shall receive for their services such compensation as the probate judge may award, to be paid in like manner as the costs and damages appraised. But in no case shall the person feeling himself aggrieved or injured be entitled to any damage, when application is not made to the probate court within six months after the erection of said telegraph lines across the lands of such persons.

SEC. 7. Any telegraph company may at any time, with the consent of the persons holding two-thirds of the their franchise issued stock of said company, sell, lease, assign, transfer and convey any rights, privileges, franchises and property of said company.

and property.

SEC. 8. This act shall not be construed to limit or former sections. impair any rights of the California State Telegraph Com

Limitation on

pany.

SEC. 9. All operators, clerks and persons in the

exempt from

employ of any telegraph company, whilst employed in the Operators, etc., offices of said company, or along the route of its telegraph military and jury lines, shall be exempt from military duty and from serving on juries.

duty.

Contracts made

be deemed con

SEC. 10. Contracts made by telegraph shall be deemed to be contracts in writing; and all communications by telegraph to sent by telegraph and signed by the person or persons tracts in writing. sending the same, or by his or their authority, shall be held and deemed to be communications in writing.

graph; proviso,

SEC. 11. Whenever any notice, information or intel- Notice may be ligence, written or otherwise, is required to be given, the given by telesame may be given by telegraph; Provided, That the dis- such notice patch containing the same be delivered to the person en- notice. titled thereto, or to his agent or attorney. Notice by telegraph shall be deemed actual notice.

deemed actual

struments in

writing may be sent by tele

graph; force and effect of.

SEC. 12. Any power of attorney or other instrument Contents of inin writing duly proved, or acknowledged and certified so as to be entitled to record, may, together with the certificate of its proof or acknowledgment, be sent by telegraph; and the telegraphic copy or duplicate thereof shall, prima facie, have the same force and effect, in all respects, and may be admitted to record and recorded in the same manner and with like effect as the original.

or drawn by tel

SEC. 13. Checks, due bills, promissory notes, bills of Checks, etc., exchange, and all orders or agreements for the payment or may be made delivery of money or other thing of value, may be made egraph; force or drawn by telegraph; and when so made or drawn shall and effect of. have the same force and effect to charge the maker, drawer, indorser, or acceptor thereof, and shall create the same rights and equities in favor of the payee, drawer, endorsee, acceptor, holder or bearer thereof, and shall be entitled to the same days of grace as if duly made or drawn and delivered in writing; but it shall not be lawful for any person other than the maker or drawer thereof, to cause any such instrument to be sent by telegraph so as to charge any person thereby, except as hereinafter in the next section otherwise provided. Whenever the genuineness or execution of When genuineany such instrument received by telegraph shall be denied ness of denied on oath by or on behalf of the person sought to be charged claiming must thereby, it shall be incumbent upon the party claiming under or alleging the same to prove the existence and execution of the original writing from which the telegraphic copy or duplicate was transmitted. The original message Original mes shall in all cases be preserved in the telegraph office from preserved.

which the same is sent.

SEC. 14. Except as hereinbefore otherwise provided,

on oath, part y

prove origina

sage to be