XII. EXEMPTIONS:

not

a

To attorneys, clergymen and other professional men, their libraries not exceeding one thousand dollars in value; also office furniture, fuel and stationery not exceeding two hundred dollars in value. All firearms kept for the use of person any person canoe, or family, oars, skiff, sails and rigging, not exceeding two hundred small to boat, any and fifty dollars in value. with its ering for the support of himself or family, lighters, To a person engaged in lightbarges, scows, small boats, etc., not exceeding two hundred and fifty dollars in value. man, his team, consisting of one span of horses or mules, To a teamster or drayor two yoke of oxen, or a horse and mule, with harness, yokes and one wagon, truck, cart or dray. To a person engaged in logging for the support of himself or family, three yokes of work cattle and their yokes, and axes, chains and implements for business, and camp equipments, not exceeding three hundred dollars in value. sufficient quantity of hay, grain or feed to keep the animals mentioned in these several subdivisions for six weeks.

A

No property shall be exempt from execution on a judgment for the purchase price therof or for any tax levied thereon.

Any money received by any citizen of this State as a pension from the government of the United States, whether the same be in the actual possession of such person or deposited in a bank or loaned by him, shall be exempt from any execution or legal process whatever. Exemptions may be waived by agreement in writing. Agreement of waiver by a husband and wife shall be witnessed and acknowledged as a deed conveying real estate. Exemptions do not extend to non-residents or persons about to leave the State with intent to defraud creditors.

All real and personal estate belonging to any married woman in her own right acquired before or after marriage, and all the rents, issues and profits thereof, and all her personal earnings shall be exempt from execution upon any liability or judgment against the husband so long as she or any minor heir of her body shall be living. XIII. HOMESTEAD:

There is exempt from execution and attachment to every householder being the head of a family, a homestead not to exceed two thousand dollars in value, which said homestead must be selected by filing a declaration of homestead duly executed and acknowledged the same as deeds to real property, with the auditor of the county in which said homestead is situated. married, the homestead may be selected from the community property or the separate property of the husIf the claimant is band, or with the consent of the wife, shown by her making the selection, from the separate property of the wife; provided, the homestead shall be subject to execution or forced sale on debts secured by mechanics', laborers' or vendors' liens, or by mortgages on the premises executed and acknowledged by the husband and wife, or by an unmarried claimant.

When any person dies seized of a homestead, leaving a widow or husband or minor children, the survivors shall be entitled to the homestead, but in case there is

no survivor, said homestead is liable to the debts of deceased. The homestead may be mortgaged, but no mortgage shall be valid as against the wife of the mortgagor, unless she shall sign and acknowledge the same. The homestead may consist of a house and the land on which the same is situated, but must be selected as provided by law.

XIV. INTEREST AND USURY:

Every loan or forbearance of money or goods or things in action where no different rate is agreed upon shall bear interest at seven per cent. mercial paper, where the borrower makes himself liable The discounting of comas maker, guarantor or indorser, shall be considered a loan. Any rate not exceeding twelve per cent per annum agreed to in writing is legal, and taking any greater, either directly or indirectly, is prohibited. State, county, city, town and school warrants and all warrants or other evidences of indebtedness payable from any public funds shall bear interest at a rate not greater than eight per centum per annum, unless a rate be specified therein. Judgments founded on a written contract providing for payment of interest at a specified rate until paid, shall bear the rate specified in the contract, provided that said interest rate is set forth in the judgment. All other judgments bear interest at the rate of seven per cent. In case a greater rate of interest than twelve per cent per annum is contracted for or reserved either directly or indirectly, and the same is proven on suit on the contract, only the principal less the interest accruing thereon can be recovered; and if the interest has been paid, then the original amount less the accrued interest and twice the amount of interest paid. The acts of the agent bind the principal and if one agent act for borrower and lender he shall be considered the agent of the lender. (Act approved March 20, 1895.)

XV. JUDGMENTS:

Judgments of the Superior Court, Supreme Court, Justice Court and of the District and Circuit Courts of the United States rendered in this State are liens on the real estate of the judgment debtor, or that which he may acquire, as follows: Of the Superior Court of the county in which the property is situated, from the date of its entry; in all other cases from the date of filing and indexing a transcript thereof with the county clerk of the county in which such real estate is situated. The lien continues for the period of five years from the date of rendition of judgment: after five years and within six years from date of rendition a judgment may be revived, which revival continues or renews its lien from the date of its revival for another period of five years, when it may be again revived.

XVI. LIENS:

is the

Court, commenced within eight months after filing the claim.

XVII. LIMITATIONS:

All actions by municipal corporations to collect any special assessment for local improvements of any kind shall be commenced within ten years after the assessment becomes delinquent, or within ten years after the last installment shall have become delinquent, if payable in installments.

All actions brought for the recovery of the possession of lands must be brought within seven years from the time adverse possession begins; infants and persons under disability have three years from the time of the removal of disability. Actions in the following cases must be commenced within three years from the time the action accrues: For waste or trespass on real property; for taking, detaining or injuring personal property or for the injury of the person or rights of another not hereinafter enumerated; on contracts not in writing or a liability not arising out of a written instrument; for fraud, time to run from the discovery of the facts constituting the fraud; against a sheriff, coroner or constable for misfeasance or malfeasance in office, except escape; upon a statute for a penalty or forfeiture, where an action is given to the party aggrieved; and for seduction and breach of promise of marriage.

Within two years: Actions for libel, slander, assault, assault and battery, false imprisonment; or upon statute for a forfeiture or penalty to the State.

a

Within one year: Actions against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process; by heirs, legatees, creditors, or other parties interested against an executor or administrator for misfeasance, malfeasance, or mismanagement, the year to run from date of final settlement.

Within three months: Appeals from any order of a board of county commissioners or a claim rejected by such board; upon claims against an estate, rejected by an executor or administrator, within three months after rejection.

In case of mutual open or current account the cause of action accrues at time of last item on either side. If there be more than one year between any series of items or demands, the said items shall not be deemed such an account.

If a

The statute applies to the State, county or other public corporation. In case of the concealment of a debtor, or his absence from the State the statute ceases to run during the period of such absence or concealment. disability of the debtor occur, as insanity, etc., the period of such disability shall not be counted as part of the time limited.

If a cause of action survive the death of a party, his legal representatives may commence action within one year from the date of his death. If the cause of action against a party dying survive, action may be commenced within one year after issuing letters testamentary or of administration. No promise is sufficient to waive the statute unless it is in writing. Payment of any part of the principal or interest starts the statute anew. XVIII. MARRIED WOMEN:

Have all property rights common to married men. Dower and curtesy are abolished. Husband and wife may contract with each other and either may sue the other to obtain the possession or control of property belonging to such person bringing the action, but cannot sue each other on contract. The husband has the management and control of the community property with power of disposition, but cannot encumber or convey community real estate except by deed in which the wife joins. However, a conveyance of community property by the husband alone is not void unless the other party to the contract had notice or knowledge of the community character of the property. The husband or wife has ninety days after any conveyance is made to the other of any property to file with the auditor of the county in which such lands are situated written notice of his or her claim thereto as community property.

All property owned before marriage or afterward acquired by gift, bequest, devise or descent, with the rents, issues and profits thereof, is the separate property of such person. All acquired otherwise is community property, except the earnings and accumulations of the wife and of the minor children living with her or in her custody while she is living separate from her husband, which are her separate property. Where a debt is incurred for support of the family or education of the children it is chargeable upon the separate property of either or the community property: but a judgment on an obligation not incurred in the course of business carried on for the benefit of the community cannot be enforced against the community property or against the property of the spouse not interested. Either party may convey land or interest therein to the other and either may constitute the other his or her attorney in fact to convey lands. (See "XII. Exemptions," "XXII. Suits.")

XIX. MORTGAGES.

Mortgages of real estate must be by deed. The mort

gage is deemed a security, not a conveyance. Mortgage contract can only be enforced by foreclosure and sale. The wife must join in the execution of mortgage on community property or homestead. When there is no express agreement in the mortgage or other instrument for the payment of the mortgage debt, the remedy of the mortgagee is confined to the mortgaged premises; but where there is an express agreement for the payment of the mortgage debt and the property does not fully satisfy such debt on foreclosure sale, the mortgagee may have a deficiency judgment which may be satisfied out of any other property of the mortgagor not exempt from execution.

The mortgagor or his successor in interest may redeem the property from sale at any time within one year thereafter by paying the purchase price with interest thereon from date of sale, together with any taxes which may have been paid by the purchaser since said sale. A chattel mortgage must be in writing, signed and acknowledged by the mortgagor, who must also attach his affidavit that said mortgage is not made to hinder, delay or defraud creditors. Chattel mortgages to affect third parties must be filed with the county auditor of the county in which the property mortgaged is situated at the time of mortgage. If the property is thereafter removed from the county in which it is situated, it is, except as between the parties thereto, exempted from the operation thereof, unless: 1. The mortgagee within thirty days after such removal causes the mortgage to be recorded in the county to which the property has been removed. 2. The mortgagee causes within such time the mortgage to be recorded in the custom house. 3. The mortgagee within such time takes possession of the property; provided, that a mortgage of any vessel or boat, or part of a vessel or boat, over twenty tons burden, shall be recorded in the office of the collector of customs, where such vessel is registered, enrolled, or licensed, and need not be recorded elsewhere.

XX. NOTES AND BILLS:

Promissory notes when made payable to order or bearer, shall have the same effect and be negotiable in like manner as inland bills of exchange and both shall be subject to the law. Payees, indorsees and holders of notes payable to bearer may maintain actions against the makers and indorsers respectively and in like manner as in cases of inland bills of exchange. When there is no express stipulation to the contrary, three days of grace are allowed. Acceptances of bills of exchange must be in writing and signed by acceptor or his agent. For all purposes the Fourth of July and the Twenty-fifth of December shall, as regards presentment for payment or acceptance, protesting and giving notice of the dishonor, be treated as Sunday. An unconditional promise in writing to accept a bill before it is drawn shall be deemed an actual acceptance. A bill or note may be protested for non-acceptance or non-payment. Damages may be recovered for refusal to accept a bill after a promise to accept has been made and such bill has been drawn or negotiated on the faith of such promise. The measure of damages to be allowed or paid upon the usual protest for non-payment of bills of exchange drawn or indorsed in this State, if payable without the limits of the United States, shall be ten per cent upon the contents thereof; if without the limits of this State and within the limits of some state or territory of the United States, five per cent. Such damages shall be in lieu of interest,' charges of protest and all other charges incurred previous to and at the time of giving notice of protest for nonpayment.

XXI. OIL AND SALT WELLS, ETC.:.

Whenever twenty-six taxpayers (each paying taxes on at least one thousand five hundred dollars) shall petition the county commissioner for an appropriation of a specific sum for boring for minerals, such as coal, oil, gas, salt, etc., the commissioner shall make an estimate of the probable depth, cost, etc., and shall call a general election to vote for or against. The notice of election shall state fully the amount to be raised, proposed purpose, and locality where to be used, etc., and no money shall be spent on land not owned by the county or held by the county on lease of not less than twenty years. The tract of land used must be nearly square and contain not less than ten acres, and the well bored or drilled near the center. If there are at one time petitioners for more than one well, the commissioners shall select the site. No one shall vote who did not pay taxes in the county during the preceding year. The ballot shall read "tax, yes;" or "tax, no." In making estimate of the cost, etc., the commissioner may add fifteen per cent for delinquency and expense of collecting. The tax is collectible same as school tax and payable on order of a majority of the commissioners. The commissioners shall advertise in the newspaper in said county having the largest circulation for four consecutive weeks for bids. for boring or drilling said well; if there be no newspaper in the county, then in the nearest one. When the bids are opened, if it appears to a majority of the commissioners that any of them are reasonable, they shall let the contract to the lowest bidder; shall require from the con

tractor a good and sufficient bond; and within one year after the well is completed the county commissioners may, after advertising the same, proceed to sell the title to the well, etc., the proceeds to go to the general county fund. The commissioners may draw on the general county fund to make up deficit not to exceed one thousand dollars. Election expenses shall be paid out of the general fund. No election for this purpose shall be held in any county oftener than once in two years.

XXII. SUITS:

Every action shall be prosecuted in the name of the real party in interest, except as otherwise provided by law. An executor, administrator, guardian of a minor or of a person of unsound mind, a trustee of an express trust or a person authorized by statute, may sue without joining the person for whose benefit the suit is prosecuted.

When a married women is a party her husband must be joined with her except when the action concerns her separate property, or her right or claim to the homestead property. She may sue alone, and when the action is between herself and husband, she may sue or be sued alone; also, when she is living separate and apart from her husband, she may sue or be sued alone.

All persons interested in the cause of action necessary to a complete determination of the question involved must be made parties to the action. When the question is one in which many are interested one or more may represent the whole and sue or defend for the benefit of all. The assignee or assignees of any judgment, specialty or other chose in action for the payment of money by assignment in writing, signed by the person authorized to make the same, may bring suit and prosecute in his or her own name, notwithstanding the assignor may have an interest in the thing assigned.

Persons severally liable upon the same obligation, including parties to bills of exchange or promissory notes, may all or any of them be included in the same action at the option of plaintiff. Action for personal injury survives to wife or child and may be prosecuted in favor of such wife or in favor of wife and children; or if no wife, in favor of children. The court may order in any new parties when necessary to complete determination of question involved. (See "XII. Exemptions;" "XVII. Limitations.")

XXIII. TAXES:

All personal property is listed annually; real property biennially. Land shall be listed according to the smallest legal subdivision, separately.

All property is subject to taxation except the following: Property belonging to the State or public school system or State educational institutions, cemeteries, churches built and supported by donations, whose seats are free to all and whose grounds do not exceed one hundred and twenty feet by two hundred feet in size; all property belonging exclusively to any county, municipal corporation, the State or to the United States; all fire engines and other implements used for the extinguishment of fires, with the buildings used exclusively for the safe keeping thereof and for the meeting of fire companies, whether belonging to any town or any fire company organized therein; all free public libraries, orphanages, orphan asylums, institutions for the reformation of fallen women, homes for the aged and infirm, and hospitals for the care of the sick, when such institutions above mentioned are supported in whole or in part by charity, or are wholly supported by public appropriations, and all of the income thereof after paying the expenses thereof is devoted to charitable purposes; provided, however, all such institutions shall provide by its articles of incorporation, that the mayor of the city wherein such institution is located, and the chairman of the board of county commissioners shall be ex-officio trustees thereof; sonal property of each householder and head of a family liable to assessment and taxation, of which said individual is the owner, to three hundred dollars in value.

the per

The county treasurer is the collector and receiver of taxes. All taxes shall be due and payable on or before May 31 of each year, after which they shall become delinquent and a penalty of two per cent shall attach, and interest at the rate of twelve per cent added until paid: provided, that if one-half of said taxes be paid on or before said May 31, then the time of payment of the remainder thereof shall be extended until November 30 following, when if that is not paid it shall become delinquent, and a like penalty and interest added from delinquency until paid.

After December 1 of each year, the county treasurer collects delinquent personal property taxes by distraint and sale of personal property belonging to those assessed. Taxes and levies are declared a lien on the real estate upon which they are imposed, which liens include all charges and expenses incurred thereby, and are prior to all other liens.

XXIV. WILLS:

A person of sound mind, who has attained his or her age of majority, may make a will. The same must be in writing, signed by the testator or by some other person

in his presence, and under his direction, and must be attested by two or more competent witnesses, subscribing their names in the presence of the testator. Every person who shall sign the testator's name to any will by his direction shall subscribe his own name as a witness to such will, and state that he subscribed the testator's name at his request. A witness to a will is not entitled to benefits under such will unless there are two other competent witnesses. No nuncupative will shall be good when the estate bequeathed exceeds the value of two hundred dollars, unless the same be proved by two witnesses who were present at the making thereof, and it be proven that the testator, at the time of pronouncing the same, did bid some person present to bear witness that such was his will, or to that effect, and such nuncupative will was made at the time of the last sickness and at the dwelling house of the deceased, or where he had been residing for the space of ten days or more, except where such person was taken sick from home and died before his return.

CORPORATIONS.

I. CONSTITUTIONAL PROVISIONS:

Corporations may be formed for manufacturing, mining, milling, wharfing and docking, mechanical, banking. building, equipping and running railroads; constructing mercantile, improvement and building purposes; for the canals or irrigation canals: for building, equipping and managing water flumes for the transportation of wood and lumber; or engaging in any other species of trade or business.

No such corporation shall commence business or institute proceedings to condemn land for corporate purposes until the whole amount of its capital stock is subscribed: Provided, such prohibition does not apply to corporations engaged exclusively in loaning money on real estate, nor to corporations engaged exclusively in raising money from, and loaning or repaying it to, their own members and which confine their loaning and business operations wholly to the counties of their principal place of business, respectively, and to the counties adjacent and adjoining thereto.

II. ORGANIZATION:

Two or more persons may form a corporation. They must make, subscribe and acknowledge written articles in triplicate, file one copy in the Secretary of State's office, one copy in the office of the county auditor of the county in which the principal place of business is located, and retain the third in the corporation's possession.

The articles of incorporation shall state the corporate name of the company; its object; amount of capital stock: time of its existence, not to exceed fifty years; number of shares of stock; number of trustees and the names of the trustees, who shall manage the affairs of the company for not more than six months nor less than two months next after incorporation; and the name of the city, town or locality and county in which the principal place of business shall be located. Amendments to the articles may be made by supplemental articles, made. executed and filed as are the original articles. A copy of the articles filed as aforesaid and certified by the officer with whom filed is evidence in any court. III. REPORTS:

Corporations must on or before the second Tuesday of January of each year, and at such other times as such corporation may elect SO to do. file with the county auditor of the county in which said corporation has its principal place of business, a statement sworn to by its president, attested by its secretary and sealed with its corporate seal, containing a list of all its officers and their respective titles of office, names and addresses, and the term of office for which chosen. Every new corporation shall file a like statement within thirty days after it shall have filed its articles of incorporation, with the county auditor of the county in which the principal place of business of said corporation is located.

When articles of incorporation are filed as aforesaid and stock subscribed as provided by law, a corporation has power to transact all business for which said corporation was formed.

IV. POWERS:

To ap

The powers enumerated are as follows: To sue and be sued. Το make and use a common seal and to alter the same at pleasure. To purchase, hold, mortgage, sell and convey real and personal property, point officers, agents and servants as the business shall require and define their powers, prescribe their duties and fix their compensation. To require of them such security as may be thought proper for the fulfillment of their duties, and to remove them at will, except that no trustee shall be removed from office unless by vote of two-thirds of the stockholders. To make by-laws not inconsistent with the laws of the United States or of this State. To manage its property, regulate its affairs.

transfer its stock and carry on all kinds of business within the objects and purposes of the company as expressed in its articles of incorporation.

V. TRUSTEES:

The corporate powers are exercised by a board of trustees of not less than two, who shall be stockholders; a majority of them citizens of the United States, and at least one of them a resident of the State. Trustees must take oath of office, and be annually elected after the term of the first trustees. All elections shall be by ballot and according to by-laws. Each share has a vote unless the by-laws limit each shareholder to one vote. Any vacancy except by expulsion may be filled by appointment by the trustees remaining.

VI. CAPITAL STOCK:

Capital stock may be increased or diminished, but before it is diminished debts must be reduced so as not to exceed the amount to which capital is reduced. Το change the amount of capital stock, a meeting of stockholders must be called by a notice signed by a majority of the trustees, published eight weeks in a newspaper in the county, or if none is published in the county, then in the nearest paper published in the State. The notice must specify the object of the meeting, the time and place, and the amount to which it is proposed to change the capital stock. 1. A vote of two-thirds of the capital stock is necessary to change. If the amount is to be changed a certificate of the proceedings showing compliance with the statute shall be made; showing the amount of capital paid in, the amount of debts, and the amount to which the capital is changed. Certificates are to be signed and verified by the chairman and secretary of the meeting; further certified by a majority of the trustees, and filed as are original articles of incorporation. By-laws may provide the time and manner of payment for stock; but in case they do not, the trustees have power to call in from stockholders the sums by them subscribed, at such times and in such manner, payments or installments as they may deem proper. Notice of such calls may be personal or by publication in a newspaper, either in the county, or nearest thereto in the State. stockholders default in the payment of calls, sufficient of their shares to pay all their assessments may be sold, such sales to be made according to by-laws; but the sale shall not be made at the office of the company, but shall take place at public auction, and to the highest bidder, after four weeks' notice published as aforesaid. The highest bidder is he who will take the smallest number of shares and pay assessments and costs.

If

Stock held by an executor, administrator, guardian or trustee may be represented and voted upon by said executor, etc., as a stockholder. Stock may be pledged by delivery of the certificate, but the pledger may represent and vote upon said stock.

VII. LIABILITIES:

No dividends may be declared except from net profits. In case of an unlawful dividing or withdrawal of capital, trustces (except those who have their dissent entered in the minutes of the meeting) are personally liable for the amount so withdrawn or divided. Upon payment of all debts and dissolution, the capital is divided among the shareholders.

No corporation organized under the laws of this State shall have power to issue bills, notes or other evidence of indebtedness for circulation as money, except bonds by railroad companies, which bonds shall not exceed double the amount of paid-up stock.

Each stockholder is personally liable to the creditors of the company, to the amount unpaid on his stock subscription, but personal liability does not apply to persons holding stock as executor, administrator, guardian, trustee, or holding it as collateral security or in pledge, but estates or owners are liable as stockholders. Stockholders in banks incorporated under the laws of the State, are held individually and ratably and not one for the other, for all contracts, debts and engagements of such association, accruing while they remain such stockholders, to the extent of the amount of their stock therein at the par value thereof in addition to the amount invested in such shares.

The interest of any person in shares of stock or in a joint stock company may be garnished by service of writ of garnishment in the same manner as service of summons on such corporation or joint stock company, and such stock or interest may be sold on execution.

VIII. BOOKS AND RECORDS:

Books must be kept containing the names of stockholders, alphabetically arranged, showing number of shares held by each and when they became owners of the same; such books to be open to stockholders and creditors, who shall have the right to make extracts from the books, and may demand a certified copy of any part of the books and papers. Said certified copies are presumptive evidence of any fact therein stated against the company or any stockholder. Any false entry or refusal to comply with the foregoing provisions is a misdemeanor, and subjects such clerk or officer to a forfeiture of from one hun

Upon dissolution, the trustees at the time of dissolution shall be trustees of the creditors and stockholders, and shall have power to sue for and recover debts, property, etc., in the name of the trustees of such corporation, and to settle and adjust all business of the corporation. Corporations may be dissolved by presenting a petition to the Superior Court of the county in which the principal place of business is located, accompanied with a certificate of the proper officers, stating that at a meeting called for that purpose it was decided by a two-thirds' vote to dissolve. Notice of the application, setting forth its nature and specifying the time and place at which it is to be heard, shall be given by the clerk of the court by publication in some newspaper of the county, or nearest thereto in the State, once a week for eight weeks.

X. FOREIGN CORPORATIONS:

Foreign corporations (except those organized to do real estate business and those having a majority of their capital stock owned by aliens) may do business in the State by complying with the following provisions, to wit: 1. Filing and recording in the Secretary of State's office a certified copy of the charter and articles of incorporation. 2. Appointing an agent residing in this State at the place where the principal place of business of such corporation is to be. Such appointment shall be in writing, signed by the president or chief officer of such corporation, and shall authorize such agent to accept service of process in all suits, etc.

A foreign corporation organized to do a building and loan business must file with the State Auditor of this State a certified copy of its articles of incorporation or charter; also the certificate of the authorized officer of another state, showing that securities of the value of one hundred thousand dollars are on deposit with such state officer or a duly incorporated trust company, in trust for all the members and creditors of such building and loan association; and also file with the said auditor an authenticated copy of a resolution adopted by the board of directors of such association stipulating that any legal process may be served on the association by service on the examiner and mailing a copy of the process to the said association addressed to its home office; and that said association will not remove any action commenced in a State court to the Federal Court, and will pay every judgment entered against it within sixty days from date of final judgment.

In incorporations already formed, or which may hereafter be formed under this chapter, where the amount of the capital stock of such corporation consists of the aggregate valuation of the whole number of feet, shares or interest in any mining claim in this State, for the working and development of which such corporation shall be or have been formed, no actual subscription to the capital stock of such corporation shall be necessary; but each owner in said mining claim shall be deemed to have subscribed such an amount to the capital stock of such corporation as under its by-laws will represent the value of so much of his interest in said mining claim, the legal title to which he may by deed, deed of trust or other instrument vest or have vested in such corporation for mining purposes: such subscription to be deemed to have been made on the execution and delivery to such corporation of such deed, deed of trust or other instrument; nor shall the validity of any assessment levied by the board of trustees of such corporation be affected by the reason of the fact that the full amount of the capital stock of such corporation, as mentioned in its certificate of incorporation, shall not have been subscribed as provided in this section: provided, that the greater portion of said amount of capital stock shall have been so subscribed; and provided further, that this section shall not be so construed as to prohibit the stockholders of any corporation formed or which may be formed for mining purposes as provided in this section from regulating the mode of making subscriptions to its capital stock and calling in the same by by-laws or express contract.

XII. WATER RIGHTS:

Any person or persons or company now incorporated, or that may hereafter become incorporated under the laws of this State for the purpose of mining or manufacturing, shall have the right to purchase or appropriate, and take possession of and divert from its natural channel, and use and hold the waters of any river, creek or stream in this State that may be required for the mining and manufacturing purposes of any such person or persons, corporation or corporations, and to construct all dams, canals, reservoirs, ditches, pipes, flumes and aqueducts suitable and necessary for the controlling, directing and running such waters to the mines or manufacturing establishments of any such person or persons, corporation or corporations, where the same may be intended to be utilized for such purposes: provided, that no such appropriation or diversion of the waters of any such river, creek or stream

from its natural channel, nor shall any such dam, canal, reservoir, ditch, pipe, flume or aqueduct be constructed, to the detriment of any person or persons, corporation or corporations, occupying the lands or being located below the point or place of such appropriation or diversion on any such stream or its tributaries, or above or below such dam, canal, reservoir, ditch, pipe, flume or aqueduct, or of the owners of the lands through which the waters run in the natural course for the deprivation of the same, or the owners of the land through or upon which such dam, canal, reservoirs, ditch, pipe, flume or aqueduct may pass through or over, or be situated upon, unless just and adequate compensation be previously ascertained and paid therefor.

MINING.

I. SALE OF MINERALS:

Timber, stone and minerals on State lands may be sold, but must be removed within five years from date of sale or revert to the State. If located within or adjacent to any incorporated city when sold, shall be removed within three years or such less time as the board of land commissioners shall fix.

II. LOCATION AND RECORD:

All mining claims shall be governed by law in force at time of location.

The miners of each mining district may make rules and regulations governing location and amount of work necessary to hold possession not in conflict with the laws of the United States or this State, but on each claim one hundred dollars' worth of work must be done in each year. First year shall date from January 1st succeeding date of location. Failure to comply shall work forfeiture and claim may be re-located.

Mining claims located after February 2, 1888, upon any vein or lode, etc. (whether located by one or more persons), shall not exceed fifteen hundred feet in length along the vein, and three hundred feet on each side of the middle of the vein at the surface, but no location shall be made until the discovery of the vein or lode within the limits of the claim located.

The locators of all mining claims on any mineral vein, lode or ledge on the public domain and their heirs and assigns (as long as they comply with the laws in relation thereto) shall have exclusive right to possession and use of all the surface included in the location, and all veins, lodes and ledges throughout their entire depth, and the top or apex of which lies within the surface line of their location extending downward vertically, although they may so far depart from the perpendicular as to extend outside of the vertical side line of the surface location.

Miners of each district may elect a recorder. The recorder when elected shall record all notices, transfers, bonds, conveyances and assignments of mining claims within the district. Such records are declared to be public records and shall have same effect as to notice, etc., as the records of deeds and mortgages in this State. The recorder shall hold office for one year and until his successor is elected; shall file oath with county auditor: shall be certifying officer; and his fees shall be same as are county auditor's. When there shall occur a vacancy in the office, the records shall be transmitted to the county auditor and the auditor shall keep such records as part of the records of his office, in districts where there is no mining recorder. Notices of location, etc., and other instruments shall be recorded in the county auditor's office within thirty days after the execution thereof. All records made prior to February, 1888, are validated.

III. INSPECTION OF MINES:

The State is divided into two inspection districts. The Governor shall appoint two competent coal mine inspectors for a term of four years, subject to removal for neglect or malfeasance; such appointments to be made on recommendation of a board of examiners consisting of three practical coal miners and one mining engineer, the said board to be appointed by the Governor. The inspectors must be citizens with at least two years' practical experience in this State, and shal' have resided within the district at least one year. Inspectors shall not be interested in any coal mine or company in the State; shall be of good moral character and habits, and shall not commit any act injurious to mines or operators of mines, and shall devote their entire time to duties of office. The State shall provide modern (and best) instruments, said instruments to remain the property of the State. Inspectors shall give bond for performance of their duties in a sum of five thousand dollars, with sureties approved by a judge of the Superior Court. They shall examine each mine in the district at least once in every three months and make records of examination, number of mines in district, employes in each mine, number of accidents, deaths, etc. The record must be completed by December 31st in each year, and be filed in the Secretary of State's office by 1st day of February following. Two thousand copies of the report of each inspector are published biennially by the State in pamphlet form for free distribution.

Inspectors may enter and inspect any and all mines and machinery used within their district at all times, day and night, and owners must furnish all facilities for said inspection. If owners refuse, the inspector shall file an affidavit with a Superior Court judge and obtain an order from such judge commanding the owner or operator to allow the inspection and comply with the law, or in default thereof to be in contempt of court and to be punished accordingly. If mines are worked contrary to law, the inspector must proceed by injunction (without bond) to close said mines.

The owner, agent or operator, etc., of all coal mines shall for information of inspector furnish accurate maps or tracings of mines showing workings thereof up to at least six months prior to any given date. Within three months next after abandonment of a mine, an accurate map or plan thereof must be filed with the Secretary of State as mining record and shall be the property of the State. (Maps must be on a scale not to exceed one hundred feet to an inch.) In case of failure or neglect to make map as aforesaid the inspector shall have maps made at the expense of owners, etc., cost recoverable by suit from owners, etc.

When loss of life and serious personal injury shall occur from any accident in a coal mine, the parties having charge of said mine shall give notice thereof to the inspector of the district, and, if death results, to the coroner of the county, who shall give notice of inquest. The mine inspector may testify at the inquest and shall give full information in relation to the mine. The mine inspector may question witnesses, etc. Upon receiving notice of accident the mine inspector shall at once repair to the scene of the accident and do what he can to procure the present and future safety of the men; shall investigate cause of accident and keep record of same, and may compel witnesses to attend, testify, etc. Cost of investigation to be paid by the county.

On petition of not less than ten reputable citizens, or miners, mine inspectors may be cited before the Superior Court to answer to charges of neglect of duty or incompetency, or malfeasance in office. If the court finds charges true it shall so certify to the Governor and the Governor shall declare the office vacant, and proceed to fill the vacancy according to law. Costs shall be taxed against the inspector if charges are found true;, if not, against the petitioner.

IV. MEASURES OF SAFETY:

Mines worked by shaft, slope or drift must have at least two openings, separated by natural strata by a distance of not less than one hundred feet (in mines already opened. distance may be less with approval of inspector), provided twenty-four persons may be employed before the second opening is reached. The second opening must be made without unnecessary delay, and in case furnace ventilation is used before second opening is reached, the furnace shall not be placed within forty feet of a shaft, slope or draft, and shall be well secured against danger of fire, by brick, stone or other fireproof walls, until said second opening is secured.

Escapement shafts shall be equipped with stairways or ladders, with landing places, or in lieu thereof hoisting apparatus (to be approved by inspector); all escapements and hoisting apparatus to be kept in good order and inspected every twenty-four hours by competent persons employed for that purpose.

Ventilation must be equal to at least one hundred cubie feet of air per minute for each person, measured at the foot of the downcast, the same to be increased at discretion of the inspector. Air must be forced to the face of every working place throughout the mine, so that mine shall be free from smoke and gases. Mines must be inspected every morning for firedamp, with safety lamp, and the result of inspection shall be marked at face of each working place. It is unlawful to use a furnace for ventila tion. Bore-holes shall be kept twenty feet in advance of the face of each working place, and if necessary or both sides when driving toward an abandoned mine.

In all shaft or slope mines, suitable provision for communication between top and bottom shall be maintained. together with improved hoisting apparatus and cages covered with boiler iron, with brake on every drum, and safety catches. Covered cages not required in mines less than one hundred feet in depth. but in all vertical shaft: of more than one hundred and fifty feet in depth shall be provided iron bonneted safety cages. The safety appa ratus, whether consisting of eccentric springs or other device, shall be securely fastened to the cage and shall b of sufficient strength to hold the cage loaded at any depth provided the cable shall break. Fine for violation of thi provision not less than five hundred dollars and not mor than one thousand dollars.

No person shall ride on a loaded cage or hoisting ma chine: not more than twelve persons shall ride on an car or cage at one time; not more than five persons sha be allowed for each ton's capacity of hoisting apparatu in any cage or car, except in case of persons employed a rope riders or couplers; no coal shall be hoisted while per sons are descending into such mine, notice of which sha be posted at said mines. Persons shall not be lowered int or hoisted out of any mine at a greater rate of speed tha