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this act is supplemental, the county judge shall proceed to make an order upon the same, condemning so much of the land as he shall deem necessary for such canal or ditch, or flume and other works, such order shall declare the sum to be paid by way of damages by such company, and shall award to such company the right to occupy such land and construct the proposed works upon payment by it to such owner or occupant of the sum so provided, which said order shall be duly filed in the office of the clerk of said county court; and from the date of the payment of such sum to such owner or occupant, the said company shall have full right and authority to erter upon such land, and to erect and construct its proposed canal, ditch, or flume, and other works along the proposed route and upon its proposed site and sites, and shall have and enjoy the said land so condemned during the existence of such company; provided, that at any stage of the proceedings under this act subsequent to the presentation to the county judge of the petition mentioned in the act to which this is supplemental, and to the filing of the same in the office of the clerk of said court, said court or the judge thereof at chambers shall, by order or rule in that behalf made, authorize such company, if already in possession, to continue the use and possession of the land so sought to be condemned, or if not in possession, to take possession of and to use the same for the purposes for which it is sought to be condemned, during the pendency and until the final conclusion of such proceedings, and shall stay all actions and proceedings against such company on account thereof; provided further, that such company shall pay into court a sufficient sum of money, or give security to be approved by said court or the judge thereof, to pay the said damages when ascertained, and such other damages as such owner or occupant of said premises shall sustain by reason of such entry upon and use of the same under and in pursuance of the order last aforesaid, if said petition shall be denied or dismissed.

Sec. 4. Every company organized in pursuance of this act shall construct and keep in good repair at all times, for public use, the various bridges across any canal, ditch, or flume owned by it, required by the board of supervisors of the county wherein such crossing is situated, such bridge being on the line or crossing a public highway or county road, and necessary for public use.

Sec. 5. The provisions of this supplemental act shall apply to the county of Tehama only; but nothing herein contained shall be construed as

pealing any part or portion of the act to which this act is supplemental, or of the act entitled “An act to authorize the incorporation of canal companies and the construction of canals,” approved May fourteenth, eighteen hundred and sixty-two, but the said act shall be and remain in full force, except as said act shall be construed and modified in its application to the county of Tehama by the provisions of this act. Sec. 6. This act shall take effect and be in force from and after

its passage.

ARTICLE XII.

MINING COMPANIES. An act in reference to corporations organized in this state for the

purpose of mining out of this state.

[Approved March 5, 1861; Stats. 1861, p. 41.] Section 1. That it may be lawful for any corporation organized in this state, under the laws of this state, for the purpose of mrining, or carrying on mining operations, without this state, whose business office is in this state, to levy assessments upon the capital stoek thereof to pay the debts, future or present, of said corporation, or to carry on the business of said corporation; provided, the same shall be equal and uniform, and at no time exceed five per cent of the capital stock, and such levy, or assessment, shall constitute a valid and binding obligation upon the holders of such stock to pay the sum so assessed against the stock so held. Notice of each such call, or assessment, shall be given to the respective stockholders personally, or shall be published once a week for at least four weeks in some newspaper published at the place designated as the principal place of business of the corporation, and also in some newspaper published nearest to the point where said mining operations are being so car. ried on, If, after such notice has been given, any stockholder shall make default in the payment of such call, or assessment, as to the shares of stock held by him, so many of such shares may be sold as will be necessary for the payment of the call, or assessment, on the shares held by him. The sale of said shares shall be made as prescribed in the by-laws of the company; provided, that no sale shall be made except at public auction to the highest bidder, after a published notice of thirty days, published as above directed; and that at such sale the person who will agree to pay the call, or assessment, so due, together with the expense of advertisement and the other expenses of the sale for the smallest number of whole shares, shall be deemed the highest bidder.

Sec. 2. This act shall take effect from and after its passage.

An act to authorize mining companies or corporations to change their

principal place of business. [Approved February 15, 1864; Stats. 1863-64, p. 76.) Section 1. Any mining company or corporation lawfully organized and incorporated for mining purposes within the state of California, may change its office or principal place of business by first obtaining the consent, in writing, of the stockholders representing two-thirds of all the capital stock of the company; provided, that notice of such intended change, after such consent shall have been obtained, shall ke inserted for thirty days in some newspaper published at or nearest the principal place of business of said mining company or corporation, designating the county or city and county to which it is intended to remove, before such removal shall be deemed lawful.

Sec. 2. Any mining company or corporation availing itself of the privileges of this act, upon filing in the office of the county clerk of the county or city and county, to which a removal is intended to be made, a certified copy of its articles of incorporation, together with a certificate of the trustees of the company or corporation, under the seal thereof, that the requirements of section one of this act have been fulfilled, shall, from the time of such filing, be vested with all the powers in its new place of business which it might or could have exercised if originally incorporated in the county to which its office or principal place of business shall be removed.

Sec. 3. This act shall not be construed as to authorize any mining company or corporation to remove its office or principal place of business out of the state.

Sec. 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its passage.

An act to authorize the removal of the office and principal place of

business of mining and other corporations from the town of Aurora, in the territory of Nevada, to the city of San Francisco, or other places in the state of California.

[Passed February 27, 1864; Stats. 1863-64, p. 109.] Section 1. It is hereby declared lawful for any corporation heretofore organized under the laws of this state, whose principal place of business is in the town of Aurora, territory of Nevada, and such corporation is hereby authorized and empowered to remove its office and principal place of business to the city of San Francisco, or to any other city or town in the state of California, as such corporation may select, by a resolution of the board of trustees thereof, adopted in accordance with its by-laws.

Sec. 2. Every such corporation desiring to make such removal shall file in the office of the clerk of the city and county of San Francisco, or of the city and county of Sacramento, or of such county in this state wherein is situated the city or town to which such corporation desires to remove, a certified copy of such resolution, under their corporate seal, together with a certified copy of the original certificate of incorporation now on file in the office of the Secretary of State, and shall also deliver a certified copy of such resolution to the county clerk of Esmeralda county, Nevada territory, and shall cause the same to be published for four successive weeks in some newspaper in the said town of Aurora; and from the time of the filing of said instruments in the clerk's office of the proper county in this state, the office and principal place of business of such corporation shall be deemed removed to and established at such city or town in this state as may be declared in such resolution.

Scc. 3. The resolution heretofore passed by the board of trustees of any corporation whose office and principal place of business has heretofore been in the town of Aurora, removing such office and place of business to any city or town in the state of California, is herehy legalized and declared valid and effectual; and from the time of the passage of such resolution all acts and proceedings of the trustees of such corporation, had or done in such city or town in this state, are hereby declared and made valid and effectual, in law and equity, as fully to all intents and purposes as though such city or town had been originally designated in the certificate of incorporation of such corporation as the principal place of business thereof; provided, that such corporation shall, within sixty days from the passage of this act, file in the office of the county clerk of the county wherein such city or town is situated, a certified copy of such resolution, attested by their corporate seal, together with a certified copy of the certificate of incorporation of said corporation, now on file in the office of the Secretary of State.

Sec. 4. This act shall take effect from and after its passage.

An act to authorize corporations organized in this state for the pur.

pose of mining in or without this state, to establish and maintain transfer agencies in other states.

[Approved April 4, 1864; Stats. 1863-64, p. 429.] Section 1. That it may be lawful for any corporation organized in this state for the purpose of mining or carrying on mining operations, in or without this state, to establish and maintain agencies in other states of the United States for the transfer and issuance of their stock; and a transfer or issuance of [the same at any transfer agency, in accordance with the provisions of this statute, shall be valid and binding, and as fully and effectually so for all purposes as if made upon the books of such corporation at its principal office within this state.

Sec. 2. All stock of any such corporation issued at any such transfer agency, shall be signed by the president and secretary of the corporation, and countersigned at the time of its issuance by the agent or agents of such corporation having the charge of such transfer agency; and no stock shall be issued at such transfer agency, unless the certificate or certificates of stock in lieu of which the same issued, sball, at the time of such issuance, be surrendered for cancellation.

Sec. 3. The stockholders of any such corporation may pass by. laws for the regulation and conduct of any such transfer agency; provided, the same be not inconsistent with the provisions of this act. And such transfer agency shall at all times be subject to the control of the trustees of said corporation.

Sec. 4. All acts or parts of acts inconsistent herewith are hereby repealed.

Sec. 5. This act shall take effect from and after its passage.

An act to authorize the removal of the office and principal place of

business of mining and other corporations from the town of Aurora, in the territory of Nevada, to the city of San Francisco, or other places in the state of California.

[Passed February 27, 1864; Stats. 1863-64, p. 109.] Section 1. It is hereby declared lawful for any corporation heretofore organized under the laws of this state, whose principal place of business is in the town of Aurora, territory of Nevada, and such corporation is hereby authorized and empowered to remove its office and principal place of business to the city of San Franeisco, or to any other city or town in the state of California, as such corporation may select, by a resolution of the board of trustees thereof, adopted in accordance with its by-laws.

Sec. 2. Every such corporation desiring to make such removal shall file in the office of the clerk of the city and county of San Francisco, or of the city and county of Sacramento, or of such county in this state wherein is situated the city or town to which such corporation desires to remove, a certified copy of such resolution, under their corporate seal, together with a certified copy of the original certificate of incorporation, now on file in the office of the Secretary of State, and shall also deliver a certified copy of such resolution to the county clerk of Esmeralda county, Nevada territory, and shall cause the same to be published for four successive weeks in some newspaper in the said town of Aurora; and from the time of the filing of said instruments in the clerk's office of the proper county in this state, the office and principal place of business of such corporation shall be deemed removed to and established at such city or town in this state as may be declared in such resolution.

Sec. 3. The resolution heretofore passed by the board of trustees of any corporation whose office and principal place of business has heretofore been in the town of Aurora, removing such office and place of business to any city or town in the state of California, is hereby legalized and declared valid and effectual; and from the time of the passage of such resolution all acts and proceedings of the trustees of such corporation, had or done in such city or town in this state, are hereby declared and made valid and effectual, in law and equity, as fully to all intents and purposes as though such city or town had been originally designated in the certificate of incorporation of such corporation as the principal place of business thereof; provided, that such corporation shall, within sixty days from the passage of this act, file in the office of the county clerk of the county wherein such city or town is situated, a certified copy of such resolution, attested by their corporate seal, together with a certified copy of the certificate of incorporation of said corporation, now on file in the office of the Secretary of State.

Sec. 4. This act shall take effect from and after its passage.*

ARTICLE XIII.

TELEGRAPH COMPANIES.

An act concerning corporations.
[Passed April 22, 1850; Stats. 1850, p. 347.)

CHAPTER VI.

TELEGRAPH COMPANY. Sec. 146. Any number of persons not less than three, may associate and form a company for the purpose of constructing, owning,

*[The provisions of the act of April 2, 1866, page 828, concerning partnerships for mining purposes apply to all persons who have refused or neglected to sign articles of incorporation in any incorporated mining company, by section 7 of said act.

The provisions of the act of March 27, 1857, page 121, supplementary to the incorporation act of April 14, 1853, page 87, relate to the keeping of stock-books and other books by mining corporations. This act is inserted after the act it supplements, ante, p. 878.)

Corporation Laws—57

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