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upon demand, after the return of the marshal or other officer making the sale showing such balance due.
In all actions under this chapter the district court shall, upon entering judgment for the plaintiff, allow as a part of the costs all moneys paid for the filing and recording of the lien, and also a reasonable amount as attorney's fees. All actions to enforre any lien created by this code shall have preference upon the calendar of civil actions brought before the district court and shall be tried without unnecessary delay.
In all actions to enforce any lien created by this chapter all persons personally liable and all lien holders whose claims have been filed for record under the provisions of section 695 shall, and all other persons interested in the matter in controversy or in the property sought to be charged with the lien may, be made parties; but such as are not made parties shall not be bound by such proceedings. The proceedings upon the foreclosure of the liens created by this code shall be, as nearly as possible, made to conform to the proceedings of a foreclosure of a mortgage lien upon real property. (Act of June 6, 1900, 31 Stat. 494, p. 536.)
SEC. 700. No payment by the owner of the building or structure to any original contractor or subcontractor, made before 30 days from the completion of the building, shall be valid for the purpose of defeating or discharging any lien created by this chapter in favor of any workman, laborer, lumber merchant, or material man, unless such payment so made by the owner of the building or structure to such original contractor or subcontractor has been distributed among such workmen, laborers, lumber merchants, or material men, or, if distributed in part only, then the same shall be valid only to the extent the same has been so distributed. (Act of June 6, 1900, 31 Stat. 494, p. 536.)
SEC. 701. Any contractor shall be entitled to recover upon a lien filed by him only such amount as may be due to him according to the terms of his contract, after deducting all claims of other parties for work done and materials furnished as aforesaid; and in all cases where a lien shall be filed under this chapter for work done or materials furnished to any contractor he shall defend any action brought thereupon at his own expense, and during the pendency of such action the owner may withhold from the contractor the amount of money for which such lien is filed; and in case of judgment against the owner or his property upon the liens the owner shall be entitled to deduct from any amount due or about to become due by him to the contractor the amount of such judgment and costs; and if the amount of such judg ment and costs shall exceed the amount due by him to the contractor, or if the owner shall have settled with the contractor in full, he shall be entitled to recover back from the contractor any amount so paid by him, the owner, in excess of the contract price, and for which the contractor was originally the party liable. (Act of June 6, 1900, 31 Stat. 494, p. 537.)
Carter Code, sec. 272; Charlton Code, sec. 272.
SEC. 702. Whenever any mechanic, artisan, machinist, builder, lumber merchant, contractor, laborer, or other person shall have furnished or procured any materials for use in the construction, alteration, or repair of any building or other improvement, such materials
shall not be subject to attachment, execution, or other legal process to enforce any debt due by the purchaser of such materials except a debt due for the purchase money thereof, so long as in good faith the same have been or are about to be applied to the construction, alteration, or repair of such building, structure, or other improvement. of June 6, 1900, 31 Stat. 494, p. 537.)
Carter Code, sec. 273; Charlton Code, sec. 273.
SEC. 703. The words "building or other improvement," wherever the same are used in this chapter, shall be held to include and apply to any wharf, bridge, ditch, flume, tunnel, fence, machinery, aqueduct to create hydraulic power, or for mining or other purposes, and all other structures and superstructures, whenever the same can be made applicable thereto; and the words "construction, alteration, or repair," wherever the same are used herein, shall be held to include partial construction, and all repairs done in and upon any building or other improvement. (Act of June 6, 1900, 31 Stat. 494, p. 537.)
Carter Code, sec. 274; Charlton Code, sec. 274.
SEC. 704. Nothing contained in this chapter shall affect any lien heretofore acquired, but the same may be enforced by the provisions of this chapter; and where actions are now pending the proceedings, after this chapter goes into effect, may be conducted according to this chapter. (Act of June 6, 1900, 31 Stat. 494, p. 537.)
Carter Code, sec. 275; Charlton Code, sec. 275.
Sections 691 to 704, inclusive, are sections 262 to 275, inclusive, of the Civil Code for the District of Alaska. See sections 164 and 174.
SEC. 798. Three or more adult persons, bona fide residents of the District of Alaska, may form a corporation in the manner and subject to the limitations provided in this chapter for the following purposes,
"First. To construct, own, and operate railroads, tramways, street railways, wagon roads, canals, flumes, and telegraph and telephone lines in Alaska.
"Second. To acquire, hold, and operate mines in Alaska.
"Third. To carry on the fishery industry in all its branches in Alaska and in the waters contiguous and adjacent thereto.
"Fourth. To construct and operate smelters, electric and other power and lighting plants, docks, wharves, elevators, warehouses, and hotels in Alaska.
"Fifth. To carry on trade, transportation, agriculture, lumbering, and manufacturing in Alaska." (Act of May 2, 1903, 32 Stat. 947.) Charlton Code, sec. 1, page 88.
SEC. 836. The periods prescribed in section 835 of this act for the commencement of actions shall be as follows:
Within 10 years actions for the recovery of real property, or for the recovery of the possession thereof; and no action shall be maintained for such revovery unless it shall appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the premises in question within 10 years before the commencement of the action: Provided, In all cases where a cause of action has already accrued, and the period prescribed in this section within which an action may be brought has expired or will expire within one year from the approval
of this act, an action may be brought on such cause of action within one year from the date of the approval of the act. (Act of June 6, 1900, 31 Stat. 321, p. 334.)
Carter Code, sec. 4; Charlton Code, sec. 4.
A. RECOVERY OF POSSESSION OF MINING CLAIMS.
1. TIME OF BEGINNING ACTION.
2. POSSESSION OF MINING CLAIM FOR TEN YEARS-EFFECT AND
A. RECOVERY OF POSSESSION OF MINING CLAIM.
1. TIME OF BEGINNING ACTION.
An action to recover possession of a mining claim in Alaska is not barred by the period of limitation where it is brought within one year from the approval of the act, as provided in section 4, title two of Alaska Civil Government Act.
Tyee Consol. Min. Co. v. Langstedt, 1 Alaska 439, 136 Fed. 124, p. 126.
2. POSSESSION OF MINING CLAIM FOR TEN YEARS-EFFECT AND RIGHTS.
A person who retains the possession of any part of the surface ground of a mining claim and occupies the same continuously for a period of 10 years or more after the location of the claim and before patent issues may successfully plead the statute of limitations in resisting the mining claimant's action in ejectment or for possession, and may plead the same after patent has issued, though the 10 years required to be pleaded by the statute have not expired since patent issued, but had in part run before patent and after location, as the statute begins to run from the time of the location and not from the date of the patent.
Tyee Consol. Min. Co. v. Langstedt, 1 Alaska 439, p. 467; 136 Fed. 124.
SEC. 867. No action shall abate by the death or disability of a party or by the transfer of any interest therein, if the cause of action survive or continue. In case of the death or disability of a party, the court may at any time within two years thereafter, on motion, allow the action to be continued by or against his personal representatives or successor in interest. (Act of June 6, 1900, 31 Stat. 321, p. 391.)
Carter Code, sec. 35; Charlton Code, sec. 35.
A. SURVIVAL OF ACTION TO DETERMINE ADVERSE MINING CLAIM.
An action against two defendants to determine an adverse claim to mining property survives the death of one of such defendants and such action must be continued, tried, and determined as against the surviving defendant.
Mackay v. Fox, 121 Fed. 487.
SEC. 1133. Any person who has a legal estate in real property, and a present right to the possession thereof, may recover such possession, with damages for withholding the same, by an action. Such action shall be commenced against the person in the actual posses
sion of the property at the time, or, if the property be not in the actual possession of anyone, then against the person acting as the owner thereof. (Act of June 6, 1900, 31 Stat. 321, p. 383.)
Carter Code, sec. 301; Charlton Code, sec. 301.
A. ACTION TO MAINTAIN POSSESSORY RIGHT TO MINING CLAIM. Under section 301 Alaska Civil Government Act (31 Stat. 321, p. 383), a person may maintain an action to recover possession of a mining claim.
Tyee Consol. Min. Co. v. Langstedt, 1 Alaska 439, p. 452.
A locator of a mining claim in Alaska who is living upon the claim in a tent, and who has begun to sink a shaft on such claim as a preliminary step in prospecting or developing the same as a mining claim, is a person in possession under section 475 and may maintain a suit under this statute against an adverse claimant.
Lange v. Robinson, 148 Fed. 799, p. 804.
Durrell v. Abbott, 6 Wyo. 265, 44 Pac. 647.
SEC. 1184. All other causes of action by one person against another, whether arising on contract or otherwise, survive to the personal representatives of the former and against the personal representatives of the latter. When the cause of action survives, as herein provided, the executors or administrators may maintain an action thereon against the party against whom the cause of action accrued, or, after his death, against his personal representatives. (Act of June 6, 1900, 31 Stat. 321, p. 391.)
Carter Code, sec. 352; Charlton Code, sec. 352.
SEC. 1307. Any person in possession, by himself or his tenant, of real property, may maintain an action of an equitable nature against another who claims an estate or interest therein adverse to him, for the purpose of determining such claim, estate, or interest. (Act of June 6, 1900, 31 Stat. 410, p. 411.)
Carter Code, sec. 475; Charlton Code, sec. 475.
SEC. 1946. That if any person shall willfully cut down, destroy, or injure any standing or growing tree upon the lands of another, or shall willfully take or remove from any such lands any timber or wood previously cut or severed from the same, or shall willfully dig, take, quarry, or remove from any such lands any mineral, earth, or stone, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one month nor more than one year, or by fine not less than fifty nor more than one thousand dollars. (Act of Mar. 3, 1899, 30 Stat. 1253, p. 1262. See 4 Stat. 472, Timber-cutting acts.)
Carter Code, sec 66; Charlton Code, sec. 66.
SEC. 1955. That any person who shall break or rob in any manner or who shall attempt to break or rob any flume, rocker, quartz, quartz vein, or lode, bedrock, sluice, sluice box, or mining claim not his own, or who shall trespass upon such mining claim, with the intent to commit a felony, shall, upon conviction thereof, be punished by imprisonment in the penitentiary not less than one nor more than five
years, or by fine not less than one hundred nor more than one thousand dollars, or by both such imprisonment and fine. (Act of Mar. 3, 1899, 30 Stat. 1253, p. 1263.)
Carter Code, sec. 75; Charlton Code, sec. 75.
SEC. 2569. That any person or persons, corporation, or company prosecuting or attempting to prosecute any of the following lines of business within the District of Alaska shall first apply for and obtain license so to do from a district court or a subdivision thereof in said District, and pay for said license for the respective lines of business and trade as follows, to wit:
Mines: Quartz mills, $3 per stamp per year. (Act of June 6, 1900, 31 Stat. 331, amending 30 Stat. 1336.)
29 STAT. 618, 2 SUPP. R. 573, p. 574, MARCH 2, 1897.
ALIENS ACQUIRING MINING CLAIMS.
AN ACT To better define and regulate the rights of aliens to hold and own real estate in the Territories, etc.
Be it enacted, etc. *
SEC. 2. That this act shall not apply to land now owned in any of the Territories of the United States by aliens, which was acquired on or before March 3, 1887, so long as it is held by the then owners, their heirs or legal representatives, nor to any alien who shall become a bona fide resident of the United States, and any alien who shall become a bona fide resident of the United States, or shall have declared his intention to become a citizen of the United States in the manner provided by law, shall have the right to acquire and hold lands in either of the Territories of the United States upon the same terms as citizens of the United States: Provided, That if any such resident alien shall cease to be a bona fide resident of the United States then such alien shall have 10 years from the time he ceases to be such bona fide resident in which to alienate such lands. This act shall not be construed to prevent any persons not citizens of the United States from acquiring or holding lots or parcels of lands in any incorporated or platted city, town, or village, or in any mined or mining claim, in any of the Territories of the United States.
A. ALIENS MAY LOCATE MINING CLAIMS IN ALASKA.
This statute in its application to Alaska permits aliens or persons who shall become bona fide residents of the United States to acquire title to the lands or mining claims by purchase.
Shea v. Nilima, 133 Fed. 209, p. 216.
Under this statute a court has no power to inquire into and to determine the question of citizenship of the locator of a mining claim in the District of Alaska.
Tornanses v. Nelsing, 109 Fed. 710, p. 712.