Contents of cer; any instrument in writing, duly certified under his hand sent by telegraph and official seal by a notary public, commissioner of deeds,

may be prima facie evidence; burden of proof.

Contents of

may be sent by telegraph.

Authority of

arrests on receipt of telegraphic copy.

or a clerk of a court of record, to be genuine within the personal knowledge of such officer, may, together with such certificate, be sent by telegraph; and the telegraphic copy thereof shall, prima facie only, have the same force, effect and validity, in all respects whatsoever, as the original; and the burden of proof shall rest with the party denying the genuineness or due execution of the original.

SEC. 15. Whenever any person or persons shall warrant of arrest have been indicted or accused on oath of any public offense, or thereof convicted, and a warrant of arrest shall have been issued, the magistrate issuing such warrant, or any judge of the supreme court, or of any district, county, or probate court may endorse thereon an order signed by him and authorizing the service thereof by telegraph, and thereupon such warrant and order may be sent by telegraph to any marshal, sheriff, constable or policeman; and on the receipt of the telegraphic copy thereof by any such officer, he shall have the same authority and be under the same officers to make obligation to arrest, take into custody and detain the said person or persons, as if the said original warrant of arrest with the proper direction for the service duly endorsed thereon had been placed in his hands; and the said telegraphic copy shall be entitled to full faith and credit and have the same force and effect in all courts and places as the original. But prior to indictment or conviction, no such order shall be made by any officer unless in his judgment there is probable cause to believe the said accused person or persons guilty of the offense charged; Provided, The making of such order by any officer, as aforesaid, shall be prima facie evidence of the regularity thereof, and of all proceedings prior thereto. The original warrant and rant and order order, or a copy thereof certified by the officer making the order, shall be preserved in the telegraph office from which the same is sent; and in telegraphing the same the original or the said certified copy may be used.

Original war.

to be preserved.

Writ or order in civil cases may

by telegraph.

SEC. 16.. Any writ or order in any civil suit or prohe transmitted ceeding and all other papers requiring service may be transmitted by telegraph for service in any place, and the telegraphic copy of such writ or order or paper so transmitted may be served or executed by the officer or person to whom it is sent for that purpose and returned by him, if any return be requisite, in the same manner and with the same force and effect in all respects as the original thereof might be if delivered to him; and the officer or person

serving or executing the same shall have the same authority and be subject to the same liabilities as if the said copy were the original. The original, when a writ or order shall also be filed in the court from which it was issued, and a certified copy thereof shall be preserved in the telegraph office from which it was sent. In sending it, either the Original or ceroriginal or the certified copy may be used by the operator be used by for that purpose.

tified copy may

operator.

SEC. 17. Whenever any document to be sent by tele- When document graph bears a seal, either private or official, it shall not be bears a seal. necessary for the operator, in sending the same, to telegraph

a description of the seal, or any words or device thereon, but the same may be expressed in the telegraphic copy by the letters "L. S.," or by the word "Seal."

guishing mark in

SEC. 18. The president or secretary of any telegraph Company may company doing business in this Territory may file in the have a distinoffice of the county clerk of the county in which the prin- their business. cipal office of said company within this Territory is situated, and the office of the Secretary of this Territory, a copy of any printed blank or envelope, picture or device, used or intended so to be, by said company, with his certificate that the same is commonly used, or is intended so to be, in the business of said company as a distinguishing mark, notice or index of said business, and thereupon such blank, envelope, picture or device shall become the property of said company; and it shall not be lawful for any person, unless by the employment or permission of said company, to print, publish, distribuce or use, or cause to be printed, published, distributed or used, either of them, or any copy, counterfeit, similitude or imitation thereof. Any person wilfully offending against the provisions of this section may be punished by fine not to exceed five hundred dollars, or imprisonment not to exceed six months. SEC. 19. It shall be the duty of any telegraph company doing business in this Territory to transmit all dis- be sent in the patches in the order in which they are received, under the order in which penalty of one hundred dollars, to be recovered with costs received. of suit by the person or persons whose dispatch is postponed out of its order; Provided, That communications to and from public officers on official business may have precedence over all other communications; And provided also, Proviso, as to That intelligence of general and public interest may be public business. transmitted for publication out of its order.

Messages must

they are

copy" and

SEC. 20. The term "telegraphic copy" or "tele- "Telegraphic graphic duplicate," wherever used in this act, shall be con- telegraphic strued to mean any copy of a message made or prepared denned.

duplicate"

for delivery at the office to which said message may have been sent by telegraph.

SEC. 21. The California State Telegraph Company, a company formed within the State of California, and having its principal office in the city of San Francisco and doing business within the Territory of Utah, is hereby declared to be duly incorporated under its present corporate name, style and organization; and the right is hereby granted to said company to acquire, own and enjoy, and to dispose of any and all property real and personal, franchises and privileges as may be proper or convenient for the transaction of its business and for effectually carrying out the objects and purposes of said company, as fully and completely as if said company had been originally formed and duly incorporated under the laws of this Territory, hereby conferring upon said company as ample power to do and transact business and maintain its rights in all courts and places as is or may be possessed by domestic corporations or natural persons.

How company

CHAPTER III.

Railroad Corporations.

SECTION 1. Any number of persons, not less than ten, two-thirds of whom shall be residents of the Territory, being subscribers to the stock of any contemplated may be formed. railroad company, may be formed into a corporation for the purpose of constructing, owning and maintaining such railroad, by complying with the following requirements:

Amount of capital stock

necessary to be subscribed,

What the arti

tion must

SEC. 2. That whenever stock to the amount of at least one thousand dollars for each and every mile of the proposed railroad shall have been subscribed, and ten per cent. in cash paid thereon, to a treasurer appointed by said subscribers from among their number, then the said subscribers, either in person or by proxy after having received at least five days' notice from said treasurer of a meeting for that purpose may meet and adopt articles of association, and may elect from among their number not less than five, nor more than thirteen directors.

SEC. 3. The said articles of association shall set cles of associa forth the name of the incorporation, the number of years the same is to continue in existence, not exceeding fifty; the amount of capital stock of the company, which shall be divided into shares of not more than one hundred

contain.

dollars each; the actual contemplated cost of constructing the road together with the cost of right of way, mode of power, and every other appurtenance and thing for the completion and running of said road, as nearly as can be estimated by competent engineers; the names and number of the directors to manage the affairs of the company, who shall hold their office until others are elected, as shall be provided by the by-laws of the company; the place from and to which the proposed road is to be constructed, and the counties into and through which it is intended to pass, and its length as near as may be.

stock to sub

ber of shares,

SEC. 4. Each stockholder shall personally subscribe Subscribers to to such articles of association his name, place of residence, scribe name, and the number of shares of stock taken by him in such residence, numcompany; Provided, That in case a person having duly proviso. paid the ten per cent. required upon his subscription, may sign the same by written proxy, or power of attorney to to that effect; and there shall be endorsed or attached to the said articles so subscribed, an affidavit made by any of the directors named therein, setting forth in substance, the said amount of stock has been subscribed, and that ten per cent. in cash thereon has been paid in as aforesaid; and that the subscribers to said articles are personally known to them.

Secretary of

issue a certifi

SEC. 5. Articles of association formed in pur- where articles suance of the provisions of the foregoing section shall be to be filed. filed in the office of the auditor of public accounts of this Territory, and a certified copy from the auditor shall be filed with the Secretary of the Territory, who shall issue to such corporation, under the great seal of the Territory Territory must a certificate of incorporation; and thereupon the persons cate. who have subscribed the same and all persons who may from time to time become stockholders in such company shall be a body politic and corporate, by the name stated in such articles of association; and shall be capable Corporate in law to make contracts, acquire real and personal prop- powers of assoerty; to purchase, hold and convey any real and personal property whatever, necessary for the construction, completion and maintenance of such railroad; and for erection of all necessary buildings and yards, or places and appurtenances for the use of the same; and be capable of suing and being sued, and may have a common or corporate seal and make and alter the same at pleasure and generally to possess all the powers and privileges for the purpose of carrying on the business of the corporation, that private individuals and natural persons now enjoy. A copy of

any articles of association filed in pursuance of this act and certified to be a copy by the auditor of public accounts, the certificate of incorporation or a certified copy thereof under the hand of the Secretary of the Territory with the seal of articles and cer- State attached shall, in all courts and places, be evidence of the incorporation of such company, and of the facts stated therein.

Certified copy

of

tificate to be evi

dence of incorporation.

Directors to

meet and organ. ize. Certain officers to be elected.

SEC. 6. The directors named in said articles of association, shall meet and organize as a board within twenty days after having received notice of their election, given by the treasurer named and designated in the second section of this act; and at the first meeting of the board, after each election of directors, they shall elect from among their number, a president and vice-president, and from the Term of office. stockholders a secretary and treasurer, who may hold office during the pleasure of the board, or until their successors have been elected and qualified; the secretary and treasurer, before entering upon their duties, shall each give a bond with such security as may be prescribed by the board of directors, which shall be filed with the auditor of public accounts; the temporary treasurer, required by the second section of this act, shall pay over all moneys received by him as such treasurer, to the treasurer elected by the board of directors, as soon as the latter has been qualified.

Books of subscription to be opened.

Notice,

Meeting to

choose directors; when held; notice to be given.

SEC. 7. The board of directors, when deemed necessary, shall open books of subscription to the capital stock of the company, and authorize such persons to superintend the taking of said subscription at such times and places and upon such terms as they may direct, due notice of which shall be given; but no subscription of stock shall be binding on the company or parties so subscribing, until the same shall have been accepted and approved by a resolution of the board; in case a greater amount of acceptable stock shall be subscribed than the whole capital required by such company, the board of directors shall distribute the same as equally as possible among the subscribers; but no shares thereof shall be divided in making said distribution.

SEC. 8. There shall be, after the first election of directors as prescribed in the foregoing, annual meetings of the stockholders, held in one of the counties in which, or through which, such road is proposed to be or may have been constructed, for the election of directors to serve for the ensuing year, notice of which, appointing a time and place, shall be given as prescribed by the by-laws of the company, or by resolution of the board of directors, which