The Placer herald., 1864-08-06
The New Law Regulating Assessments in
Mining stocks, and Mining Advertise.

The following Act, passed by the late legisla-
ture is of great Importance to all shareholders
| and officers OF mining companines
| An Act Concerning Assessments upon the Stock
of Corporations.
Section l. The trustees of any corporation
formed under the general laws OF this State shall
have power to levy and collect, for the purpose
of paying the proper and legal expenses of such
corporation. assessments upon the capital stock
thereof, in the manner and form and to the ex-
tent hereafter provided and not otherwise.
Sec. 2. No assessment shall exceed five per
cent of the capital stock of the corporation, and
none shall be levied while any portion OF any
previous assessment shall remain unpaid or uncol-
lected except in cases where all the powers of the
corpora ion shall have been exercised in accord
with the terms of this act, for the purpose of
collecting such previous assessments, and except
also, the collection of previous assessment q
gainst one more stockholders. restrained by in
junction or otherwise; in which case, further as
sessment may be levied and collected according
to this act.
Sec. 3. No assessment shall be levied except by
order of the Board OF Trustees. concurred in by u
majority OF said board and entered upon the re-
cords Of the corporation.
Sec. 4. Every order levying an assessment shall
specify the amount thereof. and the time when,
the person or persons to whom, and the place or
places where. the same is payable. 1t shall also
appoint day for the advertisement of Il dehn-
quent list, which shall not be less than 80 nor
more than 35 days from the time Of the making
of such order; and day for the sale of delinquent
stock which shall not be less than ten nor more
than 20 days for the time appointed for the adj
| vertisement of the delinquent list.
! Sec. S. Upon the making OF such order, the
secretary shall cause to be published Immediate
! " Il notice thereof in the following FORM
"[Name in iull.'] Location Of works No
ticc is hereby given, that ut meeting Of the trus
tees Of said company. held on the [da.e] an as
sessment of [amonnt] per share was levied upon
the capital stock of said company, payable [whcn,
| to whom. and where. particularly Any stock
upon which said assessment shall remain unpaid
on the [day ixed] will be advertised on that day
| as delinquent. and unless payment shall be made
before. will be sold on the [day appointed] to pay
the delinquent assessment. together with costs Of
advertising and expenses OF the sale. [Signaturc
Of secretary. with particular location Of otfcc.]"
Sec. 6. Said notice shall be published once each
week for four successive weeks, in a daily or
weekly paper published in the place desi gnated
| in the articles of Incorporation, and also in some
paper published in the county in which the works
of the corporation are situated. ii apaper be pub
lished therein; provided. that if the works of the
corporation are not situated within some State or
Territory Of the United States, then publication
in a paper of the county shall not be necessary;
and provided. also. that if there is paper reg
uiarly issued on Saturdays at any place where
publication is required to be made, the notice
may be made in every issue Of the paper which is
most frequently issued at such place. for the full
|
there is no newspaper published at the place de-
signated rs the principal place OF business of the
corporation. then the publication shall he made
| in the newspaper published nearest thereto; and
provided also that the notice specified in the 9Th
section of this act may be served by delivering a
copy thereof. certified by the secretary, 10 each
stakeholder personally, and in case of such ser
! vice upon all the stockholders OF said corporation
then no notice by publication shall be necessary,
and such personal notice shall be deemed COM
! plete.
Sec 7. If any portion Of the assessment men
! toned in said notice shall remain unpaid on the
day specified therein for the publication Of the no
ticc of sale, the secretary shall, unless otherwise
ordered by the Board OF Trustees, cause to be
published in the same papers in which the notice
provided for in section shall have been publish
ed, u notice substantially in the following form:
"[Name in full; location of works.] Notice.
There is delinquent upon the following described
stock, on account OF assessment levied the
[datcl and assessments levied previous thereto
[if any,] the several amounts set opposite the
names of the respective shareholders. rs follows
| Names, number Of certificates, number of shares
amount.l And in accordance with law, and an
order OF the Board Of Trustees. made on the
[date,] if any such order shall have been made,
so many shares Of each parcel Of said stock rs
may he necessary will be sold at the particular
place, on the [date,l at 1.-THE hour] OF said day,
to pay said delinquent assessments thereon, to-
gether with costs of advertising and expenses of
the sale. Name OF the secretary, with particu.
lar location of office !"
Sec S. Said last named notice shall state every
certificate of stock separately with the number OF
shares which it represents. and the amount due
thereon, except where certificates may not have
been issued to parties entitled thereto, in which
the number of shares and the amount due there.
or, together with the fact that the certificate for
such shares have not been issued, shall he stated.
Sec 9. Said notice. when published in Il daily
or weekly paper, or in BOTH shall be published as
follows: When published in a daily paper the
same shall be published for period O. ten days,
excluding Sundays and holidays, previous to the
day of sale; when published in weekly paper,
the same shall be published for two weeks previ-
Gus to the day of sale, the first publication in the
weekly being ut least fourteen days prior to the
day OF sale.
Sec TO- By the publication of the said notices,
rs hereinbefore provided, the corporation shall
acquire jurisdiction to sell and convey n full.
complete, perfect and absolute title to all of the
stock described in the notice of sale upon which
any portion of the assessment or costs of adver-
Using shall remain unpaid at the hour appointed
for the sale, but shall sell no more Of such stock
than is necessary to pay the assessments due, and
costs Of sale.
Sec IL. On the day and at the place. and as
nearly as may be ut the hour appointed in the
notice of sale, the Secretary shall, Unless other
wise ordered by the Board OF Trustees SELL or
cause to be sold at public auction, to the highest
bidder for cash, so many shares of each parcel of
said described stock may be necessary TO pay
the assessment and charges thereon. according to
the terms of said notice OF sale; provided, that if
payment be made before the time fixed for sale,
the party paying shall only be required to pay
the added costs OF advertising.
Sec. H. The person Offering at such sale TO pay
the assessments and costs for the smallest number
OF shares, or fraction Of share. shall be deemed
the highest bidder.
Sec. 49, The time fixed in any notice published
To In rvia h,
tended for period of not more than ten days,
by order Of the Board of Trustees duly made and
entered on the records of the corporation; but no
, order extending the time for the performance of
any act specified in any notice shall be effectual,
unless notice OF such extension or postponement
he appended TO and published with the notice to
which the order relates, before the completion OF
| the rcgnlAr course Of puhliCation thereof