The Placer herald., 1857-05-02
An Act.

Supplementary to can Act entitled an act to
provide for the formation of Corporations for
certain purposes passed April llth, 1853.
The People of the state of CaHfornia. repre-
sented IN Senate and assembly, do enact as
| .follocs:
SECTION /. 1t shall be the duty of the Trus
tees of every company Incorporated under this
Act, for the purpose of ditching, mining or con-
veying water for mining purposes, to cause a
book to be kept, containing the names of all
persons, alphabetically arranged. who are or
shall become stockholders of the corporation. and
showing the number and designation of shares
stock held by them respectively and the time
when they respectively became the owners of
such shares; also a book or such books. in
which shall be entered at length in plain
and simple manner, all by-laws orders and res
olutions of the Company and Board of Trustees
and the manner and time of their adoption;
which books during the business hours of the
day, Sunday and fourth of of July excepted
shall be open for the inspection of stockholders
and the creditors of the Company each individ-
ual stockholder and their duly authorised agents
and attorneys, at the office or principal place
OF business OF the Company; procided that the
office and books of every such Company shall
be open aforesaid in this county in which
their principal business is transacted, and every
stOckholder or creditor as aforesaid, or their
agents or attorneys, shall have a right to make
extracts from such books or upon payment of
ceve from the clerk or other officer having
charge of such books. a certified copy of any
entry made therein; such books or certified copy
OF any entry shall be presumptive evidence of
the facts therein stated, in any action or proceed
ing against the Company, or any one or more
stockholders.
SEC. g If the clerk or other officer having
charge of such books shall make any false en-
try or neglect to make any proper entry there
| in or shall neglect to exhibit the same, or al
low the same to be inspected, or extracts to be
taken therefrom, or to give certified copy of
any entry therein as provided in the proceeding g
section, he shall be deemed guilty of misde-
meanor, and shall forfeit and pay to the party
| injured a penalty of two hundred and one dol
lars, and all damages resulting there from to be
recovered in any Court of competent jurisdic-
tion in this State; and for neglect to keep such
books for inspection, and at the place provided
for in the last section, the corporation shall for
fet to the people of the State of California the
sum of two hundred and one dollars for every
day they shall so neglect, to be sued for and
recovered before any court of competent juris
diction in the county in which the principal
business of such Company is transacted; and it
shall be the duty of the District Attorney with
in and for such county to prosecute such action
in the name of and for the benefit of the people
of the State of California. .4nd 1t is further
prorided, that in case any such incorporated
Company shall refuse or neglect, for the space
VI oNc lHii ycui, tHc passage VI llllS ACt,
to comply with the provisions of this and the
preceding section, then. upon the showing of
such facts by petition of any person aggrieved
thereby, and due proof thereof before the Coun-
ty Judge of the county in which such Com
pany's principal business is transacted after
such Company shall have been duly notified
thereof by summons, to be issued by said Judge
citing such Company to appear before such Judge
at a time and place therein mentioned, which
shall not be less then ten more than thirty
days from the date of such summons. such Com
pany shall by said Judge be declared and de-
creed to be disincorporated so far as to deprive
said Company ofal the privileges of this Act,
but in no manner to effect the remedy of all
persons against such Company, to be exercised
as this Act provides; provided, that nothing
contained in the provisions of this section con-
cerning the disncorporating of such companies
shall be so construed as to prevent the enforce
ment of the other remedies in this section men
toned at any time after the passage of this Act,
except as herein provided
Approved March 9th 1857