abets him therein, is guilty of a contempt of the court by which such judgment was rendered, or from which such process issued. Upon a conviction for such contempt, the court or justice of the peace must immediately issue an alias process directed to the proper officer and requiring him to restore the party entitled to the possession of such property under the original judgment or process to such possession.

A contempt

committed in the court may summarily.

the presence of

be punished

SEC. 1078. When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily, for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as in Section 1085 of this Code prescribed. When the contempt is not committed in the immediate When not so view and presence of the court or judge at chambers, an davit or stateaffidavit shall be presented to the court, or judge, of the made. facts constituting the contempt or a statement of the facts by the referees or arbitrators or other judicial officer.

committed affi.

ment shall be

tachment may issue, or a notice to show cause.

SEC. 1079. When the contempt is not committed in A warrant of atthe immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted; and no warrant of commitment can be issued without such previous attachment to answer, or such notice or order to show cause.

SEC. 1080. Whenever a warrant of attachment is Bail may be issued pursuant to this Chapter, the court, or judge, must son arrested direct by an indorsement on such warrant, that the person under such charged may be let to bail for his appearance, in an amount to be specified in such indorsement.

warrant.

upon executing

rest and detain

SEC. 1081. Upon executing the warrant of attach- Officer must ment, the officer must keep the person in custody, bring the warrant arhim before the court or judge, and detain him until an the person until order be made in the premises, unless the person arrested discharged. entitle himself to be discharged, as provided in the next

section.

SEC. 1082. When a direction to let the person Bail bond, form arrested to bail is contained in the warrant of attachment, and conditions of or indorsed thereon, he must be discharged from the arrest, upon executing and delivering to the officer, at any time before the return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on the return of the warrant,

Officer must re

and abide the order of the court or judge thereupon; or they will pay, as may be directed, the sum specified in the

warrant.

SEC. 1083. The officer must return the warrant of turn warrant and arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein.

undertaking, if

any.

Hearing.

Judgment and

SEC. 1084. When the person arrested has been brought up, or has appeared, the court or judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may examine witnesses for or against him; for which an adjournment may be had from time to time, if necessary.

SEC. 1085. Upon the answer and evidence taken, penalty if guilty. the court, or judge, must determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is guilty of the contempt, a fine may be imposed on him not exceeding two hundred dollars, or he may be imprisoned not exceeding five days, or both. SEC. 1086. When the contempt consists in the omission to perform an act enjoined by law, which is yet in the power of the person to perform, he may be imprisoned until he have performed it, or until released by the court, and, in that case, the act must be specified in the warrant of commitment.

If the contempt is omission to

perform any act, be imprisoned

person

until perform

ance.

If a party fail

to appear, proceedings.

Illness sufficient cause for nonappearance of party arrested.

SEC. 1087. When the warrant of arrest has been returned served, if the person arrested do not appear on the return day, the court, or judge, may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued, and the costs of the proceeding.

SEC. 1088. Whenever, by the provisions of this Chapter, an officer is required to keep a person arrested, on a warrant of attachment, in custody, and to bring him before a court, or judge, the inability, from illness or otherwise, of the person to attend, is a sufficient excuse for not bringing him up; and the officer must not confine a person arrested upon the warrant, in a prison, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance.

TITLE VI.

VOLUNTARY DISSOLUTION OF CORPORATIONS.

SEC. 1094. A corporation may be dissolved by the How dissolved, district court of the district where its office or principal place of business is situated, upon its voluntary application for that purpose.

SEC. 1095. The application must be in writing, and Application, must set forth:

1. That at a meeting of the stockholders or members called for that purpose, the dissolution of the corporation was resolved upon by a two-third vote of all the stockholders or members;

2. That all the claims and demands against the corporation have been satisfied and discharged.

what to contain.

SEC. 1096. The application must be signed by a Application, majority of the board of trustees, directors, or other officers how signed and having the management of the affairs of the corporation,

and must be verified in the same manner as a complaint in

a civil action.

verified.

tion of notice.

SEC. 1097. If the judge is satisfied that the appli- Filing applica cation is in conformity with this Chapter he must order it tion and publica to be filed with the clerk, and that the clerk give not less than thirty days' notice of the application, by publication in some newspaper published in the district, and if there are none such, then by advertisements, posted up in three of the principal public places in the county where its office or principal place of business is situated.

be filed.

SEC. 1098. At any time before the expiration of the Objections may time of publication, any person may file his objections to the application.

SEC. 1099. After the time of publication has ex- Hearing of pired, the court may, upon five days' notice to the persons application. who have filed objections, or without further notice, if no objections have been filed, proceed to hear and determine the application; and if all the statements therein made are shown to be true, he must declare the corporation dissolved.

and appeals.

SEC. 1100. The application, notices, and proof of pub- Judgment rolls lication, objections, if any, and declaration of dissolution, constitute the judgment roll, and from the judgment an appeal may be taken as from judgments in other civil actions.

TITLE VII.

OF EMINENT DOMAIN.

Eminent domain

may be exer

cised.

SEC. 1105. Subject to the provisions of this Chapter, the right of eminent domain may be exercised in behalf of the following public uses:

Public buildings and grounds for the use of the Territory, and all other public uses authorized by the Legislature;

2. Public buildings and grounds for the use of any county, incorporated city, village, town or school district, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, incorporated city, village or town; or for draining any county, incorporated city, village or town; raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels; roads, streets and alleys, and all other public uses for the benefit of any county, incorporated city, village, or town, or the inhabitants thereof;

3. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, by-roads, plank and turnpike roads, steam and horse railroads, canals, ditches, flumes, aqueducts, and pipes for public transportation, supplying mines and farming neighborhoods with water, and draining and reclaiming lands, and for floating logs and lumber on streams not navigable;

4. Roads, tunnels, ditches, flumes, pipes and dumping places for working mines; also outlets, natural or otherwise, for the flow, deposit, or conduct of tailings or refuse matter from mines; also an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit or conduct of tailings or refuse matter from their several mines;

5. By-roads leading from highways to residences and farms;

6. Telegraph lines;

7. Sewerage of any incorporated city.

Estates and

SEC. 1106. The following is a classification of the estates and rights in lands subject to be taken for public rights subject to

use:

1. A fee simple, when taken for public buildings or grounds, or for permanent buildings, for reservoirs and dams, and permanent flooding occasioned thereby, or for an outlet for a flow, or a place for the deposit of debris or tailings of a mine;

2. An easement, when taken for any other use;

3. The right of entry upon and occupation of lands, and the right to take therefrom such earth, gravel, stones, trees and timber as may be necessary for some public use. SEC. 1107. The private property which may be taken under this Chapter includes:

1. All real property belonging to any person;

2. Lands belonging to this Territory, or to any county, incorporated city, village or town, not appropriated to some public use;

3. Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has been already appropriated;

4. Franchises for toll-roads, toll bridges and ferries, and all other franchises; but such franchises shall not be taken unless for free highways, railroads, or other more necessary public use;

5. All rights of way for any and all purposes mentioned in Section 1105, and any and all structures and improvements thereon, and the lands held or used in connection therewith, shall be subject to be connected with, crossed, or intersected by any other right of way or improvements or structures thereon. They shall also be subject to a limited use in common with the owner thereof, when necessary; but such uses of crossings, intersections and connections, shall be made in manner most compatible with the greatest public benefit and least private injury; 6. All classes of private property not enumerated, may be taken for public use, when such taking is authorized by law.

SEC. 1108. Before property can be taken it must

appear:

condemnation.

Private property defined.

Facts necessary to be found by court before

1. That the use to which it is to be applied is a use condemnation. authorized by law:

2. That the taking is necessary to such use;

3. If already appropriated to some public use, that