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Arizona miner. [volume] (Fort Whipple, Ariz.) 1864-1868, January 24, 1866, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82016242/1866-01-24/ed-1/seq-1/

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PLUMEm PRESCOTT, ARIZONA, WEDNESDAY, JANUARY 24, 18CG. NUMlS"
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. . iiKNTLKY. Publlslisr.
BUIIHCIlllTIO.Vl
stable In sdvsnce, without txetptlon,--
1 Art
r,r one year . . s oo
or month -
or thrsa tnonun -iTi
Ingle copies
AOVKItTISl.no I
A twiuare cwal ten imeg oi inia icucr. vuc
are or less, one insertion, jo.w. r..u "r1"'
rtlon ?l,W. une snaro uanuinc ior .un-v
Uui, f 10.00. for SIX montUS. ? IS.WJ. rr vue
r, 1 25,00, and a me same raws ior urger u-
jon woiii-c i
11 kind of lob work executed to order, with
pstch, nd navwnalilc jrlcc.
THE DISTRICT COURT.
Wlic term of tbo District Court of this Dig-
wns belt! on tbe 18th ult., according to
i
irnmcnt. Tlicro ira no uuatness 01 mi-
jicc. The following ejetraet from tho
so of Chief Justice Turner will bo rcml
interest, and show that hi) intend? a
brotM enforcement of tho Uwb:
Inder tho class of misdemeanors vill le
ttld in the Code tho following oU'eijcw, to
bfeb I Invito jour attention, namely: "0-
ictt u'witJi iu public acea ami iravxtuuy,"
ITcncts wjainst wJAie mvratuu, tiewih atut
to." "Wfwosi armnitUd faj dealt. itctneUtri
I other frtuululent awl" fraudulent
kd malkiuwt mmcAiV."
.These arc minor oifenco? compared with
inies. and yet it may bo am with trutn
Sit mn.icly fiuiicrn more from tliu cIsm of
rimea than from the tqoro huinioiw, by rua
" ii a iirm.-
w m lueirmoro irviuuui.i.xurruiicw. -xue
ttlo foxes Dpoil the vine." And hence tho
rarity for a rigid scrutiny into tueir eorn
nlon by tho crand jury. If these offences
promptly punished, much will be douo
aw ard the prevention and nupjirowion of the
iver enmert which crow out of the JeMer.
line like everrthuis; olsc in th wotju u
Lmrful mridity. until it reaches iU final cnol.
be boy who stole a pin ended bu carver oi
fainy on the callown. JJau that nnst little
fenco Levn punished, the whole course of
life iniiMit have been chanced. It ia
icrtiful policy to puninh the amaller otTenccs
Itu ccrtainU' and promntneM. 1 would al-
i.call your attention, gentlemen, to the pro
stoaiof diapter 59, "He prvh&UUm of
mvUHtng." 1 hut chapter or the CxJe impoc
acd. A Yiolatfon of th vsriotu sections
thLi chanter is roailc a inlvlomeanor. win
bable with fine and irapri&mment in tho
aunty jail tuitil the lino is boiiL Gamhliuv
1 one 01 tue greatest evils witu which anv
mnunuy can do anucitu. ijio gtvateat
ifercr w xirhajM tho victim of tho vice him
f. other vice are almost alwav awxriated
4th it, and follow in iU traliu It feems to
1 be tliu pn-Mfnt ixjlicv- of our lexidatura to tol-
Feraio the evil by the imtxxitlon of a Hcvum:
LrUx, thus compelling it to contribute norae-
Ili' " : i .
i uHng 10 iuu rcTeuue 01 vne ibitimh. ib is
rootcd point witli many great and
ea wlu tlier the " wages of iniquity can be
Lmdo to contribute even to the .arwl
iMnty of any community', whether one dollar
Ming in to the treasury uocs not take out
I awe in the increased expenditure of govem-
in the increased expenditure oi govern-.
it for the ot rt
du of the "uitence of anv evil or rice. ,
ni
ults
,7. , . r . '
i i , gentlemen, noyew, nave niu5 w
, '
la anrm'rlt Inr 114 In iirMi trmm on
jo statute book, our duty is simtJv to faith-
ally and impartially adrninikter the law
s we llnd it, ihere is no more demoralizing
afluence operating on the citizen than law:
I dead letter on the statute book.
There ore two elements which enter into a
me, first the ininiJ, and second the execu
tion oi that intent in an act. lo constitute
?!' f i . - v-
i crime in law mere must coinoiue uie wrong-
al intent and tho wrongful act. All cnine
exists primarily in the mind. The law prj-
iraes the criminal intent from tho wronsful
t. Tho presumption of law is that even'
person intends to do w hat he does, and iu-
tfjids, the natural, necessary and probable
snsequencc? 01 nt acL this prcstuuption
flaw Is onen in Ihi rubtitted hv v.rttnnt.
'iP'It tometimes happeiw that a man intends
ae wrong and unintentionally does another.
ha. intention and tho act coalesce, and he s
unlkhablo for what Ik. 1u I'lltTfoi if i.
an becomes voluntarily druntherc fs the
irrongful intent, and if he does a wrongful act,
the intent to drink coalesces with tho act
gone while drunk, and for this he is crimi
Jly liable.
It is a doctrine laid down by all law writorrt
it voJuntary drunkeniiis im-jiihUW m ex
, v,...,'j ...... ...,r.. aiuiiinHvii iJ VJk'
pr; crimo. Our jurispnidonco deeuts
lolunUry drunkenness, a malum in a wrom:
in itself, and hence its conclusion. Reason aud
Dintuou seme concur in saying that no man aan
IH'nnittcd to take advantage of his own
one. If it bo a wrong to get drunk, then
make it on excuse for a crime, would lo
fkinit advantaco of and rocoiviwr a benefit
sr his wrong.
is thoticht bv somo that an individual
the rizht to eet dnmk. that it is one of
! tiersonat and inalienahro Hi-lit, -ynaru
j-td bv oar freo institutions to the citizen.
'mii n b, moral or legal right to do wrong,
isnchtto do ik,i.- c.ii
HIZtMl KOcifitv nrrrv men
Ibcrty sons not to "'' hI neilK,r. A
WJerunt rule prcrails among tho savairca
rhlchhUiTound l, of which w l,.v ,.ut
My evidence. "
Givenleaf on evidenco says. That a man is
ot permitted to avail him r 1 tl. ZL
fhU own gross vice and misconduct to shel
er himself from tho legal consequences of
This same legal author concurs with. Bishop
n criminal law heretofore cited, timt nu . i
ettlcd iirincinlu that dmnlccnneju i. n
bj . . . i nub ai
, xouse for a cnininal act, committed wlilbi in
.state of intoxication and being its immedi-
am happy to know that thh rule of
on law, that, "Dnmkenntwi shall not be n
kxcuso for any crime," was incorporated into
Native Aweinbly. It indicate clearly that
it member were men of high toned morality
and intcHigriirc, and had a clear idea of what
the interest ot the territory tietnanueti, aim
I have no doubt they truly reflected the sen
timent of the jxople. .
This rule of the criminal law Is violated In
canes of aflrays and quarrel growing out of
intoxication, when the parties use deadly
woatKms intending to murder or tround a jmr
ticular person, shoot at him, and by acci
dent another individual Is wounded or de
prived of life. In this and similar coses the
Jierson unintentionally wounding or causing
death, Ls guilty the same as if he intended it.
It will be your duty, gentlemen, if any cases
arc brought to your notice falling within the
principle of the criminal law aliove stated to
investigate the same, and If the facta disc locd
by such investigation show that tho Criminal
Code of the Territory of Arizona, has been
violated, you ougbt in the faithful and impar
tial discharge 01 your duty, refer the case
cases in a inm jury oy an inuicimeni, .
order that the wrong done to society may be
aUrtjcu for, ana the najty 01 the law vindi
cated in the certain punishment of the iruiltv
rrtrtfoc. I
Gentlemen, we have passed from under the
nilo of revolver and Ixiwie-knire, to tliat of 1
law, order, and good govemtrtent. All arU f
of violence and wrong; rWng miist Ix1 prompt
lv MHinrwsed bv tbe strnoc ann of trovern
nieut, in eertam ami efllrM-nt enfonement of
the laws in order that the tr&ngition may be
a realized foot, and the citizen feel secure
in the protection of government, to pen-on
mill prtijwrty.
AToIatirs of law ami good order are more
deterred by tho certainty than tho severity
of tuiiiMthmeiit. Iaii It w undejstootl that
all Infractions of law will promptly meet
with condign punishment, and much w'
'ione tstrirds ridding ti Tt-rrit ory 1
acta of violence by those r"ts of so
ill be J
of ait '
those rxts of society,
wbo?o only vocation seems to be a deliberate
disregard or the laws ol liou arm man, in
depredating, Apocho like, on the lives, prop
orty and bard earnings of others.
The supremacy of law must be maintained
at all hazards : all gool ntixens will unite to
maenifv the law and make it honorable," by
respecting the right, of others in tho least as
wdH m in the greatest matters" rendering
to all their dues." And they will always
look to law for protection of all their rights,
iM)th of penwu and prorty. In the faithful
and impartial administration of justice, ami
tho Hjicodv- execution of tho laws, is found
the socurtty and prosperity of society, and
the obiect of its urcamzaUon attained. Uov
erament, the agent of society, undertakes, to ( That after tbe oxpiratiun of three yearn from
nvlroM all wixmgs done the citizen. ThefrejaTjd 'fti?rtho-coniplctlon af said road, the
it is that all prosecutions are io tho name and : !elatura rf this Torritorv shall have tbe
by the authority of government. All itij
power and mniwnco ennsuxi in urn iwrsuii
t. . : 1 I v :.t . 1. .t..
of the criminal and his punishment. As the
power of government is greater than that of
the individual citizen, bo is his security greater
for the protection of !i IU rights kin (be
speedy puniohiBfint of th nggnir. Then
why should any citizen give up tho right arm
of government for his own puny arm Way
should any ono give up tho greatw for the
hw3 protection? Whv shoild any citizen
violate- his compact with soctj and attempt
to avenge his own wronga. and thus Imjohiks,
himself, guilty of a crimo
ment, violate contract w
and to th&t ,
lfal!Q Ul0 mAiUdi
When society, through its agent, govern-
ith the citizen, !
rotcction which it .
cuarantccs, men uio muiviuuai may oe iuiv-
men in oocoiuiuk u.u pui.M iunt
rt 1 ; t : l.r ... . . . ... .1.
fender. This ia a dissolution of society, 1
nnsrch ftnd toke tho oT law
andoroor, tbe physically weak Income a prey
the m t Inaktw ri ht An.
to tne strone, ana
othcr mruiC(lXieaoo ro3J. rit frbm this fail-1
hire on thoMrtof covemment, as has been
wtUillnUMcoantr
S PvTkednS pTaS" aS '
autnonties. "wicKeunesa in mgupinccs,
a "l hronc of iniquity which frametb
ui
, uitaiMii ,
by a law," cannot long Iks tolerated
delving tne iH.mw o: soaeiy; urn is in
lesson of history. j
The relative importance of the judhnal i
dopartment ofpivennnrnt is seen In the fart ,
tliat to it is committer! tAe vast responsibility
or the administration oi ine laws, it is tue
bulwaik of ourfreo Institutions, or it may
le the sappor and minor of the foundation on
which they rest imperceptibly but surely
undermining the coruor stone of the temple
of justice.
No matter what may bo the character of
the law enacted and placcil on the statute
book by tho Ijgiflativo department how
much they may be calculated to promote tho
prosDcrity and happiness Of the people, unless
faithfully and Impartially enforced by a pure,
uncorrupted and uncorruptible judiciary- un
lets equal and exact justice is meted out alike
to the high and tho low, to the rich and the
poor, those beneficient laws might as well
not have received the sanction of tho other
dejKiriment of government which rtsjwcdand
. . . .
i 3I,I,roVl'1 them.
(ail in tho dweharge of their fiinctuifWj to ru
to the standard of honest uk'h, the ImM iJ'
tem of government ever devised will be a
failure, so far as protection to tb right and
liberties of tha people are concerned. Public
virtue and official integrity are not inconsist
ent with, tho principles of tipliUeal economy.
But I nhall not stop to point nut in detail,
tho influence which the administration and
enforcement of the laws by all the duiiartr
muni of government, on the basis of inllcxir
ble justico between man and man, would exert
in promoting the material prosperity and
highest good of tho people of this younjr and
promising Territory. It is enough to nay
that tho history of tho world shows that ma
terial prosperity and happness advance step
by step with tho advance of tho people, in
virtue, intelligence and christian civilization.
War bktweex Spaik ash Chili War
has broken out between Spain and Chili, in
conequeneo of demands made by the former
power, to which Chili would not accede. The
Admiral in command of tho Spanish fleet in
South American waters has proclaimed the
blockade of tho Chilian porta, giving neutral
vewseis ten daj-H to clear in. Chili takes up
tho guantlct with great spirit. The people
subscribe liberally for the support of the gov
ernment. Lctters-of-iiiarquo have been is
sued by'tho' Chilian government, and 'there
iart'o?tsS!r
I f . . I l ti it m irmir tiru si m . in ll..I. .T. . I I i a f t a . I ... a;
m AbJiiuKii i.i luiwiMim; jiivtwiuvmuini mies anu regu- instruments aiuresaid sucu iraud firm nrrum- am- ,rv, :,, . .w:
LAWS OF ARIZONA, 1SG5.
ADOPTED BT THE SECOND LEGISLATIVE ASSEMBLY.
IA' ACT
To lHCrrratc tfie I'retcott attdLynz Cruk TM
llvad Qnnpany.
Be it unacted by tho IogislaUvc AMembly of
tho Territory of Arizona:
Section 1. That Herbert Dowers, John J.
Hack lis and James E. McCaHry, and their as
sociate, urc hereby constituted and formed
into a body politic and corporate with the
name and title of the PruHoott and Lynx
Creek Toll lload Coinmny, ami with this
name and under this style shall have perpet
ual succession, sue and bo sued, plead and be
impleaded, to have and to keep a common
eal, acquire, enjoy and transfer cither real
MtAte or tierbonaf nronertV. and mar make
, or adopt all rules and regulations necessary
IO carry mw oiici uieuiy-via ui ium uii-iji ju
ration, not inconsistent with or repugnant to
the laws of the united fctatos, or those of this
Territory
i 2. 'I hat said Company Is authorized and
aUowwl Ui extliwive privilege and power to
contnu - t ami build a tU roau fru-m sttch loint
at or near I'renitt, as they may deem most
practicable and jamming the most direct awl
jtrsctlrftble route frnifiwiid point totcnnttMte
on Lynx Creek, at or near the pnent loca
tion of llvwrrs and Co's quartz mill, in tho
county of Yavapai, to construct bridges ami
graie'ttid root!, to keep and maintain fadll
ties for furnWiing water to men and animals
jtag over said road and to do all other
things neeewary to complete Kaid road,. and
maker tbe Mine safe and passable at all times;
and may maintain toll gates, at necessary
pirtntH. ami make rftccivc and collect toll or
jnsgu money inunts not exceeding the fol
lowing rat, to wit t I or each wagon drawn
by two horses, route or homed eattle, one
dollar and Afty rents for the entire length of
the road: for each additional span of horses,
luuiwt or f iiomou eaiuc. mtj.cenu ior tue
rntirc length of the rood; for each carriage or
cart drawn by one horse, mule or ox, one dot
lar for the entire length of the road; for each
hgtse or other animal and rider, twenty-five
rents tor the entire length of the road ; for
each pack animal, horse, mule, utt or honied
i-sttlo, fifty cents for entire length of the
rood ; Pretiikd, That fr any fractional jrt
of said rood , travelled under tho pmvisioas
of said art an amount of tolln pmjxirtion to
the above rates shall be cnarired theretorc.
right to totodify or change te above rates of
toil.
i 2. That the contram skill Iiavo the rieht
of way ovnr the public lands along the Hue of
their nail, and uo person or body curporaiu
shall build or maintain any toll-road at any
atvril4 fcllfj IMUV VI rt.lt. ... j
one mile of the same on either side of the .
iwiiit &Uns the routs of fab! read nearer than
same. aia company may occupy, puronase
and own snch amounts of land at different
points on the line of said road, and at the
termini of said road as the loKitimate business
ami iiirjKe of maintaining said roaI may re-
3uirv, not exceeding in all two hundred acres.
aid eompanv shall have the richt of wav
ver lands of private individuals usinc thore-
rorv un track only not more than fifty feel
w id, ainl if the cocaiMinsation or damage to i
1 i . i r . . . 1 . .. . . I 1 t
ix- ijftii uKTvtore imiiuui is mjiucu oy wrrw
Jnent of tbe riarties, the same shall lie deter-
millcd by tlU Judgiof Probate of faW!
Ipai county upon complaint to bun
; fa f
fsnl Yava-
setUng
4. That said company shall commence
opera Uons on i
said ws'l on or before Um first
jr3.. Ae t. iaiB an,i fhM oonstruet
mVh ffl throoghwt in a
t,M,r ,utU111 'reiKhti oa or boforc the ttrtt day
of jIarj A j, jiC7j an(1 jpj bc
,mnlJ,i bef()re anv tolls shall be collected
by say Wmpanv for travel thereon.
. fi v miinr M.nm bn U. mn,u
mW tmvany for travt)1 on aRy I)f mhl
roail ntil .j BhsU l)avt lml
by a C'immt-kner to be appointed by tbe
County Cominivfloners of said county who
are hereby authorized to appoint a disinter
ested person for such purpose, on receipt of a
petition from the company praying therefore,
and who shall have renorted in wniimr to raid
j County Commissioners what amount has been
! cxix-nded on said road by said company and
what improvements have been made thereon,
and whether said company have compliod in
all res pec tri with the proviions of this act,
and if the County Commissioners agree in
opinion with said Commissioner that said com
pany has In all respects complied with tho
jirovisioos of said act, and shall have made a
certificate of the fact to said company; ami tho
County Commissioner shall keep all said pa
person fllo in the office of the clerk of said
County Ccrtmnlsioners
C. No tolls or charges shall bo collected
from
i any Ijuot pstatcnger, nor for any water
or grass usSxl by man or beaut travelling there
on;
i 7. The privilege conceded to said com
pany as heretofore set forth and quoltfted are
ami shall lie and continue for fifteon years
from . id after tho first day of May. A. D.
1HG7, and, at the expiration of said term, said
road shall be relinquished by the said com
pany in good order, to the suid county oi
Yavapai, said company retaining any houses,
lands or other improvements not niToariJy
required in actual pa-wago over said road.
) 8. If any person shall neglect or refuse to
pay the til)"nuthorizcd by this- act for any
niiimal or teams owned or driven by him when
demanded by any j-erson authorized to re
ceive, the amu, be shall be liable fur double
the amount of toll lugally due from him to bo
collected on complaint, in tho name of the
company In any court of comjietent jurisdic
tion, and tho wagon or wagons, animal or ani
mals, owned by him or in his charge, shall be
liable to bo taken on attachment or execution
to satisfy the judgment which may bo ob
tained. 9. That tho capital stock of said company
shall consist of thirty 'thousand dollars
(30,000) to be divided into shares of fifty
dollars f&SO.OO) each, and each one of said
shores shall be considered as personal prop
erty, ami may oo oougm nnu soiu. assiznuu
or transferred in such manner and in such
place as the stock-holders or a majority of
thorn may prescribe in their rules and
latlons.
$ 10. That the officers "fnaid company shall
consist of a I'residoiit, Secretary and Treas
urer, who aha'! also constitute a lward of
diruolorc, who shall lw stckholdetT of
said mmpany, and shall be elected' by
tho stock-holders of said comtiany, or
by a majority of them legally assem
bled and shall hold their offices for one year
from and after their election and until their
succexorH shall be duly elected, and surh
otilcers may be removed from onice when
ever a majority of stockholders present at
any legal meeting called ior that purpose
shall determine that they have been guilty
of mismanagement or fraud in the discharge
or their duty.
11. Thetneeting to organize said com jiany
under this act shall be held at I'rescott on
tbu,ccond Monday in January, A. D. 18CG,
and a majority of the persons named therein
shall constitute a quorum for the transaction
of business, and they may make by-laws and
transact any other busincM hat may be nec
essary to organize this corporation.
12. That the rat-s of toll contained in
section two shall bo plainly printed and post
ed in a conspicuous place at each toll gate on
the road and !h! maintained at all times -in n
legible condition.
W. That all person? exhibiting a certifi
cate from any commissioned oilkerof the Tor
ritory that they are in the 3Iilftia ecrvicfi
of the Territory, shall io exempt lroin tbe
payment of tolls on said rood.
14. That if at any time after the comple
tion of said road, the said com Any dosiro to
locate a branch road frm the said main road
to a given point on Lynx Creek, that the sold
company be and are hereby empowered to
locate haid branch road in accoruonoe with
the provisions ot thia act atl tn chsrgs i2
amount of toll proportionate to that stated
in section two.
15. This Act Bball tike effect and bo in
force from and after its passage.
JAilES S. GILES.
Speaker of the House of Rertreceatativcs.
HENRY A. I1IGEL0W.
President of the Council.
Approved December 30, 1805,
RICHARD C. McCORMICK.
A true copy of tbe original on file in my
office.
HENRY 1Y. FLEFRY,
Assistant Secretary of the Territory.
AS ACT
Ckmctming Bond and Ihu BQlx.
Be it enact od by the Legislative Assembly of
the Territory of Arizona :
StcTiov 1, That all bonds, due bills and
other iastruments of writing not negotiable,
hereafter made by any person, body politic
or corporate, whereby such person promises
or agrees Ui pay any sum cr sums of money,
or articles of personal property, or any sura
or sums of jiersonal property to be due to any
other tiervin, shall be taken to be due and
iu lis- -.'1 1 ! " uii UI
personal property therein mentioned, ?hall by
and th omnf mnniir sir article nf
virtue thereof be due and payable to the jr
son to whom the said bond, bill or other in
strument in writing is made.
j 2. Any such bond, due bill, note or other
instrument in writing not negotiable, made
arable to any person, shall be made assign
able by indorsement thereon under the hand
of so- h person and of his assignee, in the
sa!oe manner ox bills of exchanfn n t..
alMuteIy transfer and vest tho nrorx-rtv
UMsrtof in each and every aMiguecmccess! vely.
3, Any assignee to whom such sum of
j ilonsraient ma-le jiayable, or in case of the '
.UiL ... u?. i.-: .. .
unmvj , r jwriHjiiu propenv is ny tTich in
UiTmrn
; administrators, may, in his own name, insti
i tute awl maintajn the same kind of action foi
tho rv-,rv thmm- iZ
1 made and extel a,',y Wholll or
heirs, executors or administrators, as might
ba?e )KKjn maintained against him by tbe ob-
ligee, or paree, in case the same had not been
assigned, and in even such action, in which
judgment shall be given for the ptaintifl, he
shall recover his damage and costs or suit as
in other cases ; Pruvvutl, That the maker or
obligor shall be allowed to sot up in defense
to the action of tho assignee, any matter (
which he might have setup to the" action of
the payee, or obligee, whore tbe same has
arisen previous to notice of tbe assignment,
but not otherwise
4. Every assignor, his heirs, executors or
administrators, of every such note, bond, bill
or other instrument in writing, shall he liable
to the action of tho assignee thereof, his ex
ecutors or administrators, if such assignee
shall have used due diligence by tbe Institu
tion and prosecution of a suit against the
maker of such note, bond, bill or other instru
ment in writing, or against his heirs, execu
tors or administrators for tho recovery of the
money or property due thereon, or damages
in lieu thereof; Provided. That if tho institu-
tion of urh would
havo been unavailing, or
that the maker had absconded, or left the
lerntory, whore such assigned note, bond,
mil or outer instrument in writing became
due, or within twenty days thereafter, such
assignee, bis oxeeutors or administrators, may
recover against the assignor or his heirs exec
utors or Administrator, as if duediligeneo by
suit had been used. By due diligence shall
be understood the institution of sait -within
sixty days oTter tho maturity of tho obliga
tion.
5. In any action which may hereafter be
commenced m any court in the Territory,
upon any instruments in writing mentioned
In this Act. by the obligee or joyee thoreor,
if any such instruments have been made or
entered into without a good and valuablo con
sideration, or if the consideration, upon which
any of such instruments were made or enter
ed into has wholly or In part failed, It shall
bo lawful for tho defendant, against whom
such action shall have been commenced by
such obligee or payee, to plead such want of
consideration; or that the consideration has
wholly or in part failed, and it shall appear
that any of the aforesaid instruments were
made or entered into without a good and val
uablo consideration, or that tbe consideration
has wholly failed, tho verdict shall bo far the
defendant: and if It shall armear that the
consideration has failed in part, the plaintiff
snail recover according to the equity oi iuc
case.
0. If any fraud or circumvention bo ued
in obtaining tho malting or executing of any
iastruments aforesaid such fraud and circum
vention may be plead in bar Ui any action to
be brought on any such instrument or ob
tained, whether such action be brought by
tho party committing such fraud or circum
vention, or any assignee of such instrument.
7. In all cases where any of the before
mentioned instruments of writing are for the
payment or delivery of ieronal projK'rty,
other than money, and no particular place be
l5cified in such instrument of writing for the
pavinrnt or delivery thertof, it shall be law
luf Itt tbe makiT of any such instrument of
writing to tender or cause to be tendered, on
iu iy mestionHl in anv such iMtnimetit.
the proml proiwrty cherwn mentioned, at
P'ate wnere the obligee or ayee of any
suh imtniiiM-nt residen at the time of the
execution thereof; PrwOUd, However if such
property be Urn ponderous to be eaiily movtfl,
or if the obligee or payee of snch instrument
had not, at the time of the execution of such
nstrumcnt in writing, a known place of res
idence in the county where the maker resided,
then it shall be lawful to tender such per
sonal iroporty at the place rberc the maker
of such instrument rwndM at tho time of the
execution thereof. Any tender made in pur
suance of this section nhall Ik equally aiid
and leeal. in we anv such irutnnnwit f
writing shall have been Assigned in imrsuance
of the first section of thk Act, as it no such
avfignment bad boen maile.
f 8. A legal tender of any Buch personal
property, enan discharge the maker of any
such instrument, from all liability therein ;
and the pnqwrty thus tendered U hereby ib
i . . i . i ... i i . . . . t
iogal
merit
action fer
tlie recovery thereof, or for dam
ages, if the iwsMjssion be sulequently ille-
lfllt nll.MJ !V.-.!.:.... P.:,;.i M,nrnmr
If any such property so tendered, shall be of
a perishable nature; or shall require feeding,
or other sustontation, and the person owning
or holding any such instrument of writing,
be absent at the time of tendering the same,
it shall be lawful for every person making
Euch tender to preserve, feed or otherwise
taice care oi xne tame ; ana no snail nave a
lion on such tendered property, for his reason
able trouble and expense of preserving, feed
ing and sustaining such property, until pay
ment be made for such trouble and expense,
5 0. This act shall take effect and be in
force from and after its paagc.
JAMES S. GILES.
Speaker of the House of Representatives.
HENRy A. JJIGELOW,
President of the Council.
Approved Deccmlier 30, 1865.
RICHARD C. McCORiriCK.
A true copy of the original on file in my
office. HENRY W. FLEDBY.
Assistant Secretary of the Territory.
AN ACT
Of BUh of Exdianat and PrtmUnory Note.
holder and owner of any suob Iiistru-Se ,f prolesL, and all other charges irnm" "
of writing, and be may maintain an previous to and at the time of n-irim, -n.uai ' j
w w wiwi hl aim uvhhicibk u. vne fctwm and shnll Iw in I otmrintot
Be it enacted by the Legislative Assembly of note, bill or exchange or tuner negotSabl
the TciTitory of Arizona: struroent. shall be made on the first daj
Section I. All notes made in writing,
made and signed by any person, whereby he
I shall promise to pay to any other person, or
to his order or to the order or any other per
son, or unto tbe bearer, any sum of money
therein mentioned, shall be due and payable
as therein expressed, and shall have tiic same
I effect and be negotiable In like manner as
! inland bilL? r,C exchange, according to the
i custom of merchants.
iL Every such note signed by tho agent
of any person, under a general or special au
thority, ahall bind such person and shall have
J,? '
provided.
tbe same ctlect and be negotiable as above
43. The won! "person," the last two
preceding Kections shall be construed to ex-
tend to every cortwration capable by law of
making contracts.
4. The payees and indorsees oi every sucn
note payable to them or their order and tie
hnlilora nf pvin- iturh note navablo to bearer.
may maintain actions for tne sums of money
therein mentioned autinst the makers and
indorsors of tho same respectively, in like
manner as in cases of inland bills of exchange
and not otherwise.
R. 5?iip1i nntm inuln iv! to '
thereof or to the order of a fictitous person,
shall, if negotiated by the maker, have the
same effect and be Df the samo validity as
againit the maker, and all jrsons having
knowledge of the facts as if payable to the
bearer.
C. No person within this Territory shall
be charged as an acceptor on a bill of ex
change unless his acceptance shall be in writ
ing signed by himseir or his lawful agent.
1, If such acceptance be written on a
paper other than the biii, it shali not bind
the acceptor except in taror of a person to
whom such acceptance shsll have been shown,
and who on the faith thereof shall have re
ceived tho bill for a valuablo consideration.
8. An unconditional promise, in writing,
to accept a bill before it Li drawn, shall be
deemed an actual acceptanco in favor of anv
person, who, upon the faith thereof, shad
have received the bill for a valuable consider
ation. 9. Every hsltlsr of & bill presenting the
same for acceptance may rvouiro that the ac
ceptance bo written on the till ; a refusal to
comply with such request shall be deomeu a
refusal to accept ami the bill may be jrotest
ed for nun-acceptance.
J 10. The lost four sections shall not be
construed to impair the rights of any person
to whom
a prombe to accetit a bill may have
been made, and who on the faith of such
promise, shall have drawn or negotiated the
bill to recover damages of the jrty making
such promise on his refusal to accept suca
Sll. Every person upon whom a bill of ox-
rwhora th;samo"ts
il,,l,n shall destroy
change is drawn and to wuum mi w
ddiverod for acceptance who shall dostroy
i.m , -.r..j .t-itJiin iiretitv-four hour
such bill or refuo within twcuty-iour now
after such deliver)-, or within such other &-
riod us tho holder may auow, w rviuy
bill aoreptcd or non-accepted, to the Voider
.i.-ii I-. .J....mi.if in have accented tW same.
12. Tho rate of damages to W allowed
and laid upon tho usual protest fo tho non-
payment of bill of exchange drawn or nego
risteil within thbl Territory shall lie as fol
lows-. 1st, If such bill shall haveU'endrawn
upon any jwrMm fr jiensoiw in any f th Uni-
tt-d Stitf. or Territories cost oi ."-j
Moiintains flfttcn dollars upon tue l
upon the principal sum spcfled in
ft!, If such bill ha!l have becu dn
nun i
u!h bill.
Iran n on
any perwn or iwrMimi in atir .t . ,
Eiipjih- or any foreitm oiuntrv t-f
Tnth,ei ,JUIVjr?,,,uI'WJ tb prtncAl siS
sj-ecifled in such bill.
i 18. Such damages shall be in lieu of inter
est, eluugos of protest and nil othw ebargea
ineurwl previous to and at the time of givfn"
notice of non-payment, lt the holder of sucfi
bill shall bo entitled to demand and recover
lawfnl interest iqion the aggregate amount of
the principal sum speciliwl in such Mil awl of
tbe damages thereon from the time of vhidh
notice of protest for non-payment shall have
lieen given, and iytnent of such principal
sura shall Lave been demanded.
11. If the contents of such bill bo ex
prfcfcsed in tiKiney of account of the United
States the amount due thereon, and the dam
ages herein allowed for the non-payment
thereof, shall be ascertained and determined
without any reference to the rate of exchan-e
existing between this Territory and the place
on which such bill shall have been drawn at
the time of the demand of payment or of
notice of non-iaytnent.
15. If the contents of such bill be ex
pressed in the money of account or currency
of any foreign country then the amount due,
exclusive of the damages payable- thereon,
shall )w assortained and determined by tie
rate of exchange on the value of such foreign
currency at the time of the demand of lay
men t.
j 1C. When a bill of exchange shall be pro
damages shall be allowed on the protest for,
non-accentance as provided
tested lor non-acceptance the same rate nf.
. . . -
of non-acceptance but the holder shall be en
eiTinf
tinea to recover interest ntng tjw. izir'
amount ot tho princi pal sum speciffcdln tho
bill, and of the damages thereon from the
time of which notice of protest for on-aeopt-'
an ce shall have been given.
17. The damages allowed by this act shall
bo recovered only by tho holder of t btlt
who shall have purchased the Ban or km,
interest therein for a valuable consVlet .on.
c to r ii i
y jo. lunu uere a UOUCC 0 )
acceptance of a bill of exchange, or nor p
mem 01 a um oi excaan-rt, tiromissoir m
or other negotiable instrumeat, be gives
sending tue same ny man; it sa&u be
cient if such notice be directed to the 4r &t
town where the person sought to bo c)- .
by such notice resided at the time of . .
ing making or endorsing such bill of exct rjf (
promissory note or other negotiable inMk
mcnt. unless such penon at the time of alSsl.
ing his signature to such bill, note or ot&jsF
negotiable instrument shall, in addition tbtgejf
to specify the post office to which hft taSf
require tho notice to be addretsed. pg.
19. Nothing in this act shall apply to nu2
cr exchange, prcinisscrr notes cr ctr.cr
tiable instruments made or drawn before t!
act takes effect.
20. No presentment for pvrtoL
January, the fourth day of July, the twwjty
tilth day ot uecemoer, commoniy cnutju
Christmas, or on tne cr ay oi tac wtjHs:
called Sunday; tnree nays, commoniy cai
days of grace, shall be allowed, except
sight bills or drafts, and any one of the h
dnrs snedfled in this act cominjr within
three days of grace shall be counted as on
nh diva.
21. This act Bholl take effect and be
force from ana alter its paw-age.
JAMETS. GILES,
Sneaker of the House of Representative':
Tix'vnv a nrfiPimr
President of the Connai
Approved December 30th, 18C5.
J -v.rr.Tr inn im If lAIUfinL'
A true copy of the original on file in my
HENRY W. FLEURY,
Assistant Secretary of the Territorr.
AN ACT
To rmpovtr the County Rccordtt of Yavp&l
County to Transcnl certain Iltcardt.
Bo it enacted by the Legislative Assos'iyof
tho Territory of Arizona .
Section 1. That tho County Reecr of
the county of Yavapai be and is em
powered to traniscribe into stronf w'
bound books, such records as wntn
niade by him, and entered in' ansuitoblo
books. , . . ,
2. Tho said Recorder "C"?T01 "T
said service such fees as are hred by law,
to be taid in the same man''" ?$WJ!Z
counts against said counts .S.Sfll
tb amount for tronscriWny ld.rf'd3 shaU
not exceed in all four bud' ,
3. This Act shall txi eflw:.t A te in
force from and ter HS GnS
preidenti.f ihoComieiJ.
Aif?.IMrf,5SSoi6llCK.
Atroeeo flle n
ireNRYW'FLKaftV,
Aasisuat Secretary w J-
AX AUl f
iwbiUxu of'KV M7ru9 &9a t
BeTt ery tho Illative omW
AW .-..
thOie""' . ..fnoor-
fsr 1. That the meeting or tu
of the com,ny, "A'ZTJS!.
" June,
oby legalizcl and S
ct " though tho compf? . f
tcyjye, wuou w tbo soiae el
j , .i . ..... vas vin
f-
sec
Ized in accordance with w i' rXonhy of
tion 10 of said act, on - , uty-hvc,
March. A. P. eizhtcen u.-. ---- .
, .. na nuoruiuw
quorum
at wnicn iucuu'v.
otora was present.
tniCSS. OI1.W,
TnnldtorUb uquiku.
; Appmwd .ld SbUMlOK.
Ain-r5W:'-J,,r
mce; . ' HENUY. FLEintv ;
. AoWt SocrstSfy of the li'irly.
sac
rami - .
skoal
iff

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