1330. Annual statement, contents-Affidavit.

SECTION 1. Every corporation owning, claiming, holding, leasing or engaged in the business of working or developing any mining claim or mining property, or interest therein, in the State of Nevada, and selling or offering for sale, either directly or indirectly, any of its shares or capital stock shall, within sixty days after the expiration of the first six months of its existence as a corporation, and annually thereafter within sixty days after the first day of the month provided by its by-laws for its annual meeting of stockholders, file in the office of the county recorder of each county wherein such mining property is situated, and in the office of the attorney-general of this state, a statement duly subscribed and sworn to before a notary public (or other officer authorized by law to administer oaths), by its president or vicepresident and its secretary, if it is a domestic corporation, and also by its resident agent, if a foreign corporation; provided, however, that the failure of the by-laws of any such corporation to provide a date for the annual meeting of the stockholders thereof shall not excuse said corporation from filing such a statement once during each calendar year. Said statement shall cover the period of time between that embraced in the previous statement filed in accordance herewith and the first day of the month in which said annual meeting is to be held, or in the event that such statement is the first statement to be filed by any corporation in conformity with this act, such statement shall cover the first six months of the existence of such corporation. Said statement shall contain the following facts and information:

(a) The name of each mining claim and the total number of such claims. or fractions thereof owned or leased, and the number thereof being worked and developed, also the county and mining district (if there be one) wherein said claims are located, and the nearest postoffice and the distance therefrom, as near as can be ascertained.

(b) The nature of the title thereof, or interest therein, whether leasehold or otherwise, also the date each claim or interest therein was purchased, leased or otherwise acquired by such corporation.

(c) The character, value and a general description of all buildings, works, machinery and other improvements on each unpatented claim, and the character, value and a general description of all buildings, works, machinery and other improvements being actually used or operated by such corporation on its patented ground, taken as a whole; provided, however, that where several unpatented claims belonging to such corporation are contiguous and are being developed as a group said statement may state the character, value and a general description of all buildings, works, machinery and other improvements on said entire group of unpatented claims.

(d) The total amount and a description of the development work done upon each unpatented claim, if any, and upon the entire patented property, if any, since the work reported in the last statement filed as herein provided, or during the first six months of the existence of said corporation, if the statement be the first one filed in accordance with the provisions of this act, and the total sum of money or other valuable consideration, given or paid out therefor; provided, however, that where several unpatented mining claims belonging to such corporation are contiguous, and the development work thereon has been done on one or more of said claims for the benefit of the entire group, said statement may state the amount and description of the work done for the entire group, and the total sum of money or other valuable consideration, given or paid out therefor.

(e) The total number of shares such corporation is by law authorized to issue and the different classes and par value thereof.

(f) The total number of shares of stock originally set aside by such corporation, if any, in its treasury or otherwise to sell or otherwise dispose of for the purpose of working, developing or otherwise improving any patented or

unpatented mining claim, or claims, owned or leased or being worked or developed by such corporation and the total amount of money realized from the sale of any portion thereof since the sales thereof reported in the last statement filed in accordance with the provisions of this act, or during the first six months of the existence of such corporation in the event that such statement is the first to be filed by said corporation in accordance herewith. (g) The total number of shares of treasury stock sold, and the total sum of money or other consideration received therefor since the sales thereof reported in the last statement filed in accordance with the provisions of this act, or during the first six months of the existence of such corporation in the event that such statement is the first to be filed in accordance herewith, and the number of shares of treasury stock remaining unsold.

(h) The amount of money, if any, actually paid by such corporation to each of its officers, superintendents, or to other persons, exclusive of persons included in subdivisions of this section, as salary or compensation for services rendered such corporation, stating the nature of such services; also, the respective amounts, if any, expended for advertising and as commissions for sales of stock, since the sales thereof reported in the last statement filed in accordance with the provisions of this act, or during the first six months of the existence of such corporation in the event that such statement is the first filed in accordance herewith.

(i) The total value of the ore produced from the property of such company since the production reported in the last statement filed in accordance with the provisions of this act, or during the first six months of the existence of such corporation in the event that such statement is the first to be filed by such corporation in accordance herewith.

The affidavit required by this section shall state in substance as follows: That affiant is the president (or other officer of such corporation, or other person required to make affidavit) and has read the foregoing statement, and knows the contents thereof; that the same is true and correct to the best of his knowledge and belief. As amended, Stats. 1911, 408.

This act does not apply to stock issued prior to April 15, 1909, when such provision went into effect.

As used in this act the words "treasury stock" mean stock set aside for the actual development of the property, while "promotion stock" is that issued to those who may

1331. Statement to stockholders.

originally own the mining ground or valuable rights connected therewith in consideration of their deeding the same to the mining company, or such stock as is issued to promoters for incorporating the company. State ex rel. Moore v. Manhattan Verde Co., 32 Nev. 474 (109 P. 442).

SEC. 2. At the same time, or within ten days after the sworn statement prescribed by section 1 of this act shall have been filed with the county recorder as in this act provided, the secretary or resident agent, or one officer of such corporation required by this act to subscribe to the same, shall duly mail or cause to be mailed to each person appearing at said time on the books of such corporation as a stockholder therein, a true typewritten or printed copy of such statement, and shall in addition thereto make an affidavit before some officer duly authorized to administer oaths, that a true copy of such statement has been duly deposited in the United States postoffice (giving the name of the postoffice) addressed to each stockholder of such corporation, as appears from the books thereof, at his or her last known address, or place of residence, and that sufficient postage has been prepaid thereon, and thereupon such secretary, or resident agent, or other person making such affidavit shall file the same in the office of such county recorder, who shall attach the same to the original statement previously filed pursuant to section 1 of this act, and to which such affidavit pertains. The county recorder shall charge, as a filing fee, fifty cents for every original statement required by the pre

ceding section, and fifty cents for filing and attaching the affidavit required by this section, unless the same is attached to said original statement. 1332.

Must designate kinds of stock.

SEC. 3. From and after the 15th day of April, 1909, every corporation owning, leasing, working or developing any patented or unpatented mining claim in this state, and selling or offering for sale, either directly or indirectly, or authorizing or causing to be issued or sold, any of its stock or shares for the promotion or development of any such mining claim, shall print or stamp across the face of each certificate of its treasury stock or shares (as defined by this act) the words "Treasury Stock" in English letters or characters at least one-half of an inch in height, and not less than one-eighth of an inch in width, said letters or characters to be printed or stamped as aforesaid in ink of a conspicuously different color than the ink used in printing, writing or stamping the body or other matter printed, stamped or written thereon. 1333. Idem.

SEC. 4. From and after the 15th day of April, A. D. 1909, every corporation owning, leasing, working or developing any patented or unpatented mining claim in this state, and selling or offering for sale, either directly or indirectly, or authorizing or causing to be issued or sold, any stock or shares therein that has not been specifically set aside by such corporation for the purpose of raising money or means for the development of the mineral resources of such mining claim or claims, or for making necessary improvements thereon, shall print or stamp across the face of each certificate so issued or authorized to be issued, sold, or offered for sale, as aforesaid, the words "Promotion Stock" in English letters or characters at least one-half of an inch in height and one-eighth of an inch in width, and said letters or characters to be printed or stamped thereon, as aforesaid, in ink of a conspicuously different color than the ink used in printing, writing or stamping the body or other matter printed, stamped or written thereon.

1334. Kinds of stock defined.

SEC. 5. All stocks or shares of every mining corporation doing business in this state that have been, or shall be specifically set aside to sell for money or other valuable consideration, and the proceeds of which are to be used for the actual development of the mineral resources of any mining claim, or claims, or for the purpose of making necessary or useful improvements thereon, or for the purpose of maintaining such corporation, or preserving or enhancing its assets, are hereby deemed and declared to be treasury stock, and all other stock of such corporation is hereby deemed and declared to be promotion stock, within the meaning of this act. As amended, Stats. 1911, 411.

1335. Stock plainly designated.

SEC. 6. From and after the 15th day of April, 1909, it shall be unlawful for any corporation, or any officer, agent, or director thereof, owning, claiming, leasing or working, or developing any mining property in the state, to issue any written or printed certificate representing one or more shares of its stock, or to sell or offer for sale any certificate thereafter issued by any such corporation, upon which certificate is not stamped or printed the words "Treasury Stock" or "Promotion Stock," as defined and required by the provisions of this act, and it shall be unlawful for any person, or any officer, agent, or director of any corporation subject to this act to so stamp or print any such certificate as "Treasury" stock when in fact the same represents "Promotion" stock, or to stamp or print any such certificate "Promotion" stock when in fact the same represents "Treasury" stock, as said classes of stock are defined by section 5 hereof.

1336. Act mandatory-Penalties.

SEC. 7. Each and every provision of this act is hereby declared to be mandatory, and the officer or agent of any mining corporation subject to the provisions hereof who shall fail or neglect to execute and to file the statement or affidavits required by sections 1 and 2 of this act, or to otherwise comply with all other provisions hereof, or who shall wilfully do or perform any act or thing herein declared to be unlawful, shall be deemed guilty of a misdemeanor, and shall upon conviction be fined in any sum not less than $100 nor more than $500, or shall be imprisoned in the county jail for a period of not less than fifty days, nor more than six months, or be punished by both such fine and imprisonment.

1337. Idem.

SEC. 8. Any person who shall act as agent for any foreign corporation, subject to the provisions of this act, that has not strictly complied with sections 1 and 2 hereof shall be deemed guilty of a misdemeanor, and shall be fined in any sum not less than $100 nor more than $500, or be confined in the county jail for a term of not less than fifty days nor more than six months, or by both such fine and imprisonment.

1338. Idem-Attorney-general to prosecute-May not maintain or defend civil action.

SEC. 9. Every corporation, domestic and foreign, violating any of the provisions or requirements of this act, shall forfeit to the State of Nevada the sum of one thousand ($1,000) dollars and cost of suit, to be recovered in an action in the name of the state instituted by the attorney-general, or any district attorney at the request of the attorney-general; nor shall any such corporation failing to comply with sections 1 and 2 of this act maintain or defend any action in any court of this state; provided, that upon the production of a certificate of the county recorder that the statements and affidavits required by said sections have been duly filed (except as to the time the same was required to be filed) any such action may be maintained or defended; provided, that the provisions of this act shall not apply to any action now pending.

1339. Other persons-Misdemeanor.

SEC. 10. Any person, other than those mentioned in section 7 of this act, who shall violate any provision hereof shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail not less than fifty days nor more than six months, or by both such fine and imprisonment.

1340. Officers to prosecute.

SEC. 11. The district attorney of each county in this state shall strictly enforce the provisions of this act, and in the event of the failure or refusal of any such officer so to do when complaint is duly made and sufficient legal evidence is obtainable, he shall be deemed guilty of misdemeanor in office and subject to removal and punishment, as otherwise provided by law, and it shall be the duty of the attorney-general, in such case, to forthwith prosecute such violation of this act, and to proceed to prosecute such district attorney for misdemeanor in office as aforesaid.

An Act to encourage the construction of cheap transportation lines.

Approved March 10, 1875, 157

1341. Corporations authorized-Formation of. 1342. Powers of.

1343. Map and description of route to be filed.

1344. Not required to operate more than six months each year.

1345. Application of act restricted.

1341. Corporations authorized-Formation of.

SECTION 1. Any number of persons, not less than three, in this state or the United States, being subscribers to the stock of any contemplated transportation company, may form themselves into a corporation for the purpose of constructing, owning, operating, and maintaining transportation lines, consisting of railroads, canals, and flumes, or either of them, by complying with the following requirements: Whenever stock to the amount of at least two hundred dollars for each and every mile of such proposed railroad, and stock to the amount of at least one hundred dollars for each and every mile of such proposed canal or flume, shall have been subscribed, and ten per cent in cash of the amount so required to be subscribed shall have been actually and in good faith paid to a treasurer, to be named and appointed by said subscribers from among their number, then the said subscribers, either in person or by written proxy, after having received at least five days' notice from said treasurer of a meeting of said subscribers for the purpose, may adopt articles of association, and may elect from among the subscribers to said articles not less than three nor more than five directors; and by complying with the provisions of an act entitled "An act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other matters relating thereto," approved March twenty-second, one thousand eight hundred and sixty-five, and amendments thereto, approved, severally, February twentyseventh, one thousand eight hundred and sixty-nine, February ninth, one thousand eight hundred and seventy-one, and February twenty-first, one thousand eight hundred and seventy-one, except as otherwise provided in this act, they, their associates and assigns, shall be entitled to all the rights, privileges, and franchises relating to right of way, depots, acquiring and using property, and other rights which are granted to railroad corporations in said railroad act, approved March twenty-second, one thousand eight hundred and sixty-five, and the several amendments thereto, above mentioned, except as herein provided.

See sec. 3511.

1342. Powers of.

SEC. 2. Every corporation so formed shall have power to construct, own, operate, and maintain flumes, canals, and railroads for the transportation of wood, lumber, and other freight adapted to the respective lines of transportation, and may construct said railroads with a single track, or with gage, and of such materials, and may operate such roads with such motive power, as such corporations may determine.

1343. Map and description of route to be filed.

SEC. 3. Persons entitled and desiring to incorporate under the provisions of this act, for the purpose of constructing such transportation line between two or more points in this state, may file a sketch map and general description of the proposed route or routes, in the office of the county recorder of the county within or through which such routes may run, and such filing shall confer upon such persons so filing, their associates and assigns, the right to such routes thus designated; provided, that such persons, their associates and assigns shall, within thirty days from such filing, proceed to make, without unreasonable delay, an accurate, final or locating survey of such routes, and shall file a map and profile of the same, as required by the before mentioned act, approved March twenty-second, eighteen hundred and sixtyfive, and the several amendments thereto.

1344. Not required to operate more than six months each year.

SEC. 4. Corporations owning or operating flumes, canals, or railroads under this act, in the mountains, or depending almost wholly on the mountains for