forth.

SEC. 2. Said petition shall set forth, amongst other things, Petition, that said real estate or property, particularly describing the what to set same, is needed by said person, mining company or corporation, for the convenient and successful working of his, or their, or its mining claim or ground, owned or possessed by said person, company or corporation; or, for the erection of buildings, roads or works, to be used in working the same, the fair valuation of such real estate, or other property, so needed and sought to be condemned; that petitioner has tendered the amount of its value to the defendant, or defendants, their agents, or other legal representatives, before the commencement of the action, or caused it to be done, that the defendant or defendants, their agents or legal representatives, have refused to accept the sum so tendered; and shall conclude with a prayer, that the defendant or defendants be summoned to appear in the action, and show cause, if any can be shown, why the said property should not be by the Court condemned, and he or they, said defendants, be compeiled to convey and deliver a deed of the same to said petitioner or petitioners.

amount

defendant.

SEC. 3. At the time of the commencement of the action, the Petitioner to petitioner or petitioners shall pay, or cause to be paid, to the pay to clerk Clerk of said District Court, the sum or amount of money so tendered to tendered to the defendant or defendants, before the commencement of the action, and the same shall remain in the custody of the Clerk for, and on behalf of, the defendant or defendants in said action, and subject to his or their acceptance until the said cause is tried and determined.

entitled to

plaintiff

recover.

SEC. 4. Upon the trial of the cause, either party shall be Parties entitled, if demanded, to a trial by jury, as in civil cases at trial by jury law; and if, upon the trial, it shall be made satisfactorily to appear that said real estate or other property is necessary for the convenient and successful working of the mining claim or ground mentioned in the petition, in order to entitle the plaintiff or plaintiffs in said action to recover; and if said fact satisfactorily appear from the evidence, said Court (if the same is When tried without the intervention of a jury), or the jury before entitled to whom said cause is tried, shall proceed in the same action to assess and determine the value of said real estate or other property at the time of the institution of said action; and upon the payment of said sum or amount of money by the petitioner to the defendant or defendants in said action, or to the Clerk of said Court, for his or their use, said petitioner or petitioners shall be entitled to have and recover a judgment and decree of said Court in its, his, or their favor, condemning said real estate or other property to his, its, or their, own sole use and possession, and shall direct and decree that the defendant or defendants, or in their stead, as [a] Commissioner (to be appointed for such purpose by the Court), proceed to make, execute, acknowledge and deliver to the plaintiff or plaintiffs in said action a deed of conveyance thereof.

of action.

SEC. 5. Costs in said action, except the costs of making, exe- Costs to cuting and delivering the deed of conveyance, shall abide the abide event event of the suit, as in other cases; provided, however, that in case the value of the land, or other property so condemned, shall not exceed the sum shown to have been originally ten

Proviso.

Practice,

how

governed.

dered therefor, the defendant or defendants shall be liable for the costs of said action.

SEC. 6. The practice in actions brought under this Act shall be governed by the same rules as other civil actions at law, except as is otherwise provided in this Act.

Corporations

CHAP. XCIX.-An Act to regulate Rafting and Running Timber and Wood on the Rivers in the State of Nevada.

[Approved March 3, 1866.]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. That any number of persons, not less than five, how formed. 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.

SEC. 2. Each subscriber to such articles of association shall Articles of subscribe thereto his name and place of residence.

association.

Powers.

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 cor

poration, a Board of Directors, to consist of not less than three Same. 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, endorsed 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 construc- Proviso. tion, shall interrupt or hinder the free use and navigation upon such streams or waters; and, provided further, that nothing con- Not to tained in this Act shall authorize any corporation formed under interfere the same to injure, or in anywise interfere with, any dams, etc. 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 dams, logs or other timbers; and, provided further, that the rights of those owning Not to lands upon such streams and rivers shall not be interfered with interfere Sixth-To collect and remove from all of land with rights or infringed upon. islands and lowlands any logs, timber, lumber or wood, belong. owners. ing to such corporation, that may be carried out by the waters of overflow, or the overflowage of the banks of such stream 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 stream 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

with dams,

Proviso.

Lein.

Notice.

Proviso.

Public or

individuals

not to be

deprived of

natural rights.

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, and may sell a sufficient quantity thereof, at public vendue or auction, on not less than thirty days notice, either personally 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. At 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 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 shall have been secured in a boom at the place where the same is to be taken out of the river, then any party or parties, company or corporation, coming after, shall drive through said 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 propranches, etc. erty, on any river or stream, by the parties using the same in floating logs 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 damnages, 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.

Damages to

Proviso.

May have a lien.

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 samo 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.

be posted,

SEC. 4. Such corporation shall keep posted, in some con Names of spicuous place in their office, a list of the names, with place of members to residence of all the members thereof, and of all persons whose etc. 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 owing, [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 samo, 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 Name and mark to be used by such person or persons, which mark shall mark to be differ palpably and materially in form, figure and design, from recorded. any mark previously so placed on file as aforesaid, and shall thereafter stamp, impress or hack the same on all timber, lumber or wood belonging to him or them; provided, that any per- Proviso. son intending or desiring to raft or drive any limb, or small wood, shall not be compelled to mark the same before putting it in the river, but shall have the same measured by some competent person, who shall make oath, before 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 admin istering the oath, shall issue to the party or parties, a certificate stating the name or names of the owner 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 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.

SEC. 5. Whoever shall unlawfully cut out, alter or destroy any marks of the owner, made or impressed thereon, or who

filed and