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and decreed to be disincorporated so far as to deprive said company of all 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 concerning the disincorporating of such companies shall be so construed as to prevent the enforcement of the other remedies in this section mentioned at any time after the passage of this act, except as herein provided.

SEC. 20. Any company incorporated under this act, may by complying with the provisions herein contained, increase or diminish its capital stock to any amount which may be deemed sufficient and proper for the purposes of the corporation; but before any corporation shall be entitled to diminish the amount of its capital stock, if the amount of its debts and liabilities shall exceed the sum to which the capital is proposed to be diminished, such amount shall be satisfied and reduced so as not to exceed the diminished amount of capital.

SEC. 21. Whenever it is desired to increase or diminish the amount of capital stock, a meeting of the stockholders may be called by a notice signed by at least a majority of the trustees, and published for at least four weeks in some newspaper published in the county where the principal place of business of the company is located, or in some newspaper nearest thereto; which notice shall specify the object of the meeting, the time and place where it is to be held, the amount to which it is proposed to increase or diminish the capital; and a vote of two-thirds of all the shares of stock shall be necessary to an increase or diminution of the amount of capital stock.

SEC. 22. If at any meeting so called, a sufficient number of votes has been given in favor of increasing or diminishing the amount of capital, a certificate of the proceedings showing a compliance with these provisions, the amount of capital actually paid in, the whole amount of the debts and liabilities of the company, and the amount to which the capital stock is to be increased or diminished, shall be made out, signed and verified by the affidavit of the chairman and secretary of the meeting, certified by a majority of the trustees, and filed as required by the second section of this act and when so filed, the capital stock of the corporation shall be increased or diminished to the amount specified in the certificate.

SEC. 23. Upon the dissolution of any corporation formed under this act, the trustees, at the time of the dissolution, shall be trustees of the creditors and stockholders of the corporation dissolved, and shall have full power and authority to sue for and recover the debts and property of the corporation, by

the name of trustees of such corporation, collect and pay the outstanding debts, settle all its affairs, and divide among the stockholders the money and other property that shall remain after the payment of the debts and necessary expenses.

SEC. 24. Any corporation formed under this act may dissolve and disincorporate itself by presenting to the district judge, of the district in which the meetings of the trustees are usually held, a petition to that effect accompanied by a certificate of its proper officers, and setting forth that at a general or special meeting of the stockholders called for that purpose, it was decided by a vote of two-thirds of all the stockholders to disincorporate and dissolve the corporation. Notice of the application shall then be given by the clerk, which notice shall set forth the nature of the application, and shall specify the time and place at which it is to be heard, and shall be published in some newspaper of the county once a week for four consecutive weeks, or if no newspaper is published in the county, by advertisement posted up for thirty days in three of the most public places in the county. At the time and place appointed, or at any other to which it may be postponed by the judge, he shall proceed to consider the appiication, and if satisfied that the corporation has taken the necessary preliminary steps, and obtained the necessary vote to dissolve itself, and that all claims against the corporation are discharged, he shall enter an order declaring it dissolved.

SEC. 25. This act shall take effect and be in force from and after its approval by the Governor. APPROVED, January 4th, 1864.

CORONERS.

AN ACT concerning Coroners.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. The justices of the peace in their respective townships, shall discharge the duties of coroners.

SEC. 2. When a justice of the peace, acting as coroner, has been informed that a person has been killed, or has committed suicide, or has suddenly died under such circumstances as to

afford reasonable grounds to suspect that the death has been occasioned by unnatural means, he shall go to the place where the body is, and summon no less than six, nor more than twelve persons, qualified by law to serve as jurors, to appear before him forthwith, at the place where the body is, to inquire into the cause of the death.

SEC. 3. Every person summoned as a juror, who shall fail to appear, without having a reasonable excuse, shall forfeit any sum not exceeding one hundred dollars, to be recovered by the justice of the peace acting as coroner, in his official capacity, in any court of competent jurisdiction, and paid by him into the county treasury.

SEC. 4. When six or more of the jurors attend, they shall be sworn by the justice of the peace acting as coroner, to inquire who the person was, and when, where and by what means he came to his death, and into the circumstances attending his death, and to render a true verdict thereon, according to the evidence.

SEC. 5. The justice of the peace acting as coroner, may issue subpoenas for witnesses, returnable as he may direct, and served by himself, or such persons as he may direct. He must summons and examine as witnesses, every person who, in his opinion, or that of any of the jurors, has any knowledge of the facts, and he may summon a surgeon or physician to inspect the body.

SEC. 6. Any witness failing to obey (the justice of the peace acting as coroner) said subpoena, may be attached and fined for contempt of such jury in like manner as in a justice's court.

SEC. 7. After inspecting the body and hearing the testimony, the jury shall render their verdict, and certify the same (by an inquisition) in writing, signed by them and setting forth the name of the deceased, when, where, and by what means he came to his death; if by criminal means, the name of the person causing the death.

SEC. 8. The testimony at such inquests shall be reduced to writing by the justice of the peace acting as coroner, or as he may direct; and by him without delay, filed in the office of the clerk of the district court of the county.

SEC. 9. If the jury find that the person was killed by another under circumstances not excusable or justifiable in law, and the party committing the act be not in custody, the justice of the peace acting as coroner, shall issue a warrant, signed by him, with his name of office, for the arrest of the accused.

SEC. 10. The warrant of the justice acting as coroner, may

be served in any court of the territory, and returned by the officer serving, before a magistrate of the county in which it is issued; the officer receiving such warrant, shall have the same power under the warrant, as by virtue of a warrant from any court or magistrate in the territory.

SEC. 11. It is hereby made the duty of the justice of the peace acting as coroner, immediately after the jury shall have rendered a verdict, to summon any two of said jurors, who, together with the said justice acting as coroner, shall make an inventory of the money and other property, found with the deceased person, and certify the same to be correct, and sign it; and the said justice shall, without delay, deliver to the treasurer of the county said inventory, and the money or property which may have been found with the deceased, unless taken from his possession by legal authority; and if the justice of the peace acting as coroner, fail to pay and deliver such inventory so certified, and such money or property, to the treasurer, the treasurer may recover the same by action at law.

SEC. 12. Upon payment of money into the treasurer's office in such cases, he shall place it to the credit of the county; if it be property, he shall proceed upon reasonable notice, to sell the same at public sale, and place the proceeds to the credit of the county.

SEC. 13. If the money be demanded within six years, the treasurer shall pay the same to the person legally authorized to receive it, after deducting the expenses of the inquest, and of the county in the matter, but the same may be paid at any subsequent time to the representatives of the deceased, upon an order from the tribunal invested with the power to allow claims against the county.

SEC. 14. The justice of the peace acting as coroner, shall before his claim is allowed for such inquest, file with such claim, an affidavit, setting out the amount of money or property found with the deceased, and the disposition of the same by him.

SEC. 15. After the inquest, if no one take charge of the body, it shall be the duty of the justice of the peace acting as coroner, to cause the same to be decently buried, and pay the expenses thereof from any money found with the deceased; if no such money is found, then the same shall be charged against the county; the justice of the peace acting as coroner, shall receive the sum of five dollars out of the county treasury, for attending to the burial of such body.

SEC. 16. This act shall take effect and be in force from and after its approval by the governor.

APPROVED, January 6, 1864.

CIVIL ACTIONS.

Defining the time of Commencing Civil Actions.

Be it enacted by the Legislative Assembly of the Territory of Idaho as follows:

SECTION 1. Civil actions can only be commenced within the periods prescribed in this act, after the cause of action shall have accrued, except where a limitation is prescribed by

statute.

SEC. 2. When the eause of action has already accrued, the party entitled and those claiming under him, shall have, after the passage of this act, the whole period herein prescribed, in which to commence an action.

SEC. 3. The people of this territory will not sue any person for, or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless-First. Such right or title shall have accrued within ten years before any action or other proceeding for the same shall have commenced; or, unless, Second. The people, or those from whom they claim shall have received the rents and profits of such real property, or of some part thereof, within the space of ten years.

SEC. 4. No action for the recovery of mining claims, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, or his assigns, was seized or possessed of such mining claim in question, within one year before the commencement of such action.

SEC. 5. No cause of action, or defense to an action, founded upon title to real property, or to rents, or to services out of the same, shall be effectual, unless it appear that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted, or the defense is made, or the ancestor, predecessor, or grantor of such person was seized or possessed of the premises in question, within five years before

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