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of dissolution. Section twenty-two authorizes the voluntary disincorporation of companies on a majority vote of the stockholders, and a petition to the district judge, eight weeks' publication, and a finding by the judge that the requisite preliminary steps have been taken, and claims against the company discharged. Section twenty-three is the same as Section seven of the act of 1864 repealed.14 Section twenty-four is substantially the same as Section eight of the act of 1864 repealed.15 Section twenty-five provides that mining corporations shall be governed by district laws, provided that expenditures in incorporating and procuring books shall be regarded as work done on the claim. Section twenty-six, that in case of disincorporation, the trustees shall convey to each stockholder his proportionate interest in mining claims owned by the company. Section twenty-seven is the repealing clause.16 Section twenty-eight was supplied by a subsequent act, extending the provisions of the act to prior corporations.17 Mining corporations have power, acting by a majority of the stockholders, to purchase and hold such mining property as they may deem meet.18

1 Feb. 19, 1864.

2 Stat. at Large, 37th Cong., p. 709.

3 Ante, § 184, et seq.

4 Ante, § 189.

5 Stat. 1864, p. 49.

6 Amended by act of March 1, 1866, to include "ore reduction." Stat. 1866, p. 165. Further amended so as to authorize mining companies to become stockholders in corporations formed for the purpose of constructing tunnels, shafts, or other work. Stat. 1867, p. 44. Subsequently amended as to matters not material here. Stat. 1869, p. 95.

7 Ante, § 184, et seq.

8 Supra.

9 This section amended. See infra, § 304. "Removal of officers."

10 Stat. 1866, p. 79.

11 Supra.

Amended March 3, 1866, by leaving out the words, "In the event of its tissolution." Stat. 266. p. 188.

B Ante. § 184, et seq.

14 Supra.

5 Supra.

16 Stat. 1264-5. p. 359.

17 Stat. 1966, p. 46.

Stat. 1866, p. 204.

$304. Same-Removal of officers.-Section 5 of the act of March 10, 1965. given in the next preceding seetion, was amended by adding thereto a provision for the removal of officers (including trustees by implication), which is similar to the California statute for the same purpose. except that in the California act trustees are not mentioned as subject to removal. The other points of difference are that instead of the county judge, as in Calfornia. the district judge is petitioned and gives the notice of hearing. Instead of the meeting being conducted by a chairman and secretary of its own selection, it shall be conducted by the judge, who shall determine who has a right to vote: appoints the secretary and receives proofs. A vote of a majority of all the shares effects the removal, when an election to fill vacancies is held before the judge who furnishes the certificates of election.2

1 Ante, § 191.

2 Stat. 1875, p. 68.

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§ 305. Same-As tenants in common-Actions by for contribution.-By an act for the encouragement of mining," corporations owning an undivided interest in a mining claim might work the same, and recover from cotenants their proportionate share of the expenses. Previous to bringing the suit, notice of intention was required to be published for twenty days, except where personal service was had on the defendants, when only ten days' notice was necessary. The notice shall also

contain a specification of the amount expended and the amount due, On the trial proof was required of the necessity of the expenditure, the quantity of defendant's interest at the time of the expenditure, and the notification and failure to pay. The act provides that the expenditure in necessary development, as the proportion of a co-tenant or joint tenant, or the indebtedness assumed by the corporation in that behalf, should become a lien upon his interest which might be sold as provided for sales of real estate on execution, and might be redeemed as real estate is redeemed. The act was only intended to apply to companies in the territory.1 This act was repealed,2 by a statute more explicit and intelligible in its provisions, intended to serve the same purpose. By section one it is provided that "when three or more persons, owning or claiming as joint tenants, tenants in common, or co-parceners, a majority of the number of feet, shares or interests in any mining claim in this state, shall have formed, or shall hereafter form themselves into a corporation or organized association for the purpose of working and developing such mining claim, and shall actually proceed to work and develop the same," such corporation might proceed as in the act repealed to recover from their co-owners who failed to contribute their proportion of expenses. Any number of such co-owners might be joined as defendants, but might plead separately. The notice of intention to sue was fixed at three weeks. The summons is required to state the amount expended and the amount due from each defendant. The procedure prescribed for other civil actions, so far as applicable, are to apply to suits under the act. In addition to the lien upon the interest provided for in the repealed act, it is here provided that on obtaining judgment against defendant plaintiff shall have a special execution against the

interest of defendant in the mine, but against no other property. The sale under execution is to be absolute, and the purchaser entitled to immediate possession. The repealing clause provides that rights of action already accrued shall be brought under the new act, saving the rights of those who had already instituted suits under the repealed statute.3

1 Stat. 1864, p. 53.

2 Act of March 7, 1865.
& Stat. 1864-5, p. 228.

$306. Taxation.-The tax law of March 9, 1865, prescribes, in section ninety-nine, that an ad valorem tax of 1 per cent, upon 75 per cent, of all ores, quartz or mineral from which gold or silver is extracted, after first deducting from the gross value $20 per ton for expenses of extracting, is to be assessed and collected every three months, in gold or silver coin, for state and county purposes. By a subsequent amendment, the requirement that the taxes should be paid in coin was omitted.1 This section was further amended, requiring ores to be assessed at their value when severed from the mine and deposited on the surface. A deduction of $18 per ton is allowed when the ore is treated without roasting, and when worked by the Freiburg or roasting process, or by smelting process, $40 per ton. Section one hundred provides that ore producers who ship the product out of the state shall establish its value for taxation, to the satisfaction of the assessor. On failing to do so, it shall be assessed at $500 per ton, without deduction. By section one hundred and one, the periods during which the assessor shall make diligent inquiry for mines, the names of owners and the quantity of ore produced, are divided into-between the first Mondays of January and February; April and May; July and August; October and November. He is required to demand of each person engaged in mining, or

from their managing officer or agent, if a corporation, a sworn statement of the next preceding three months—including the moneys received and the number of tons of ore produced, also the number shipped from the state, and the value thereof. He may examine books, and in case of refusal to make the statement or give free access to the books, the one refusing shall be held guilty of a misdemeanor, and punished by a fine of not less than $100 nor more than $500, or imprisonment in the county jail for not less than twenty days nor more than three months, or both such fine and imprisonment. Section one hundred and two authorizes the assessor to make the assessment from such information as he can obtain, when it is not furnished by the proper parties, as required by law. By section one hundred and three, owners and managing agents of mills, etc., where ores are treated, are required to keep accounts of all ores received, with the names of mines from which produced, and the amount and value of bullion derived therefrom, which shall be open to inspection by the assessor, unless on demand such owner or managing agent will furnish a sworn statement. On failure or refusal to furnish the statement or give access to the books, the owner or agent shall be held for misdemeanor, punishable by fine and imprisonment, as in the next preceding section. By section one hundred and four it is made the duty of the assessor, on receiving such statement or information, to transmit a certified statement of the result to the assessor of the county where such claim is located, if in any other county than the one in which the mill is situated. Section one hundred and five requires assessments to be made in the county in which the mine is located. Section one hundred and six requires the assessor, on or before the second Monday in February, May, August and November in each year, to prepare an "assessment roll of the proceeds of the

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