hotels, shall make, at the end of each quarter, a sworn statement of the total amount of their business for the quarter last preceding.

Sec. 8. All persons who dispose of any spirituous or malt liquors in quantities of less than one gallon, shall, before the transacting of such business, obtain a license, for which he or they shall pay as follows: In any city, town, or village that contains a popution of three hundred persons or more, the license shall be sixty dollars per quarter; in any city, town, or village where the population is less than three hundred, and more than fifty, the license shall be thirty dollars per quarter; and all persons who dispose of any spirituous or malt liquors in quantities of less than one gallon, at any place within one mile of such town or city, shall pay a license of sixty dollars per quarter; and all persons who dispose of spirituous or malt liquors in quantities less than one gallon, at any other place whatever, shall pay a license of thirty dollars per quarter.

Sec. 9. That every travelling merchant, hawker, or peddler, who shall carry a pack or trunk and shall sell goods, wares, or merchandise, shall pay a license of eight dollars per quarter; if he travel with a wagon or other vehicle, and sell goods, wares, or merchandise, he shall pay a license of five dollars per month for each wagon or vehicle; if he travel with a pack animal and sell goods, wares, or merchandise, he shall pay a license of two dollars per month for each pack animal: Provided, That no license shall be required to be paid by any person who sells any production of this territory, raised or manufactured by himself.

Sec. 10. Every distiller, manufacturer, or rectifier of spirituous liquor, shall pay a license of thirty dollars per month. Every brewer, or manufacturer of malt liquors whose business amounts to one thousand dollars or more per month, shall pay a license of twenty dollars per month; those whose business. amounts to less than one thousand dollars per month shall pay a license of ten dollars per month, and every manufacturer of pop, soda, or other drink put up in bottles, except that above specified, shall pay a license of five dollars per month.

Sec. 11. Any person or persons who shall keep any house, saloon, or room wherein any banking game, or any other game of chance is dealt, or played for money, or anything representing money, is used, bet, ventured, or hazarded, shall pay a license of fifty dollars per month for each house or room so kept; but this section shall not be construed to authorize or permit any game prohibited by the laws of this territory.

Sec. 12. Every butcher shall pay a license of seven dollars per month; provided, that any butcher carrying on business more than two miles from any city, town, or village, or in any city, town, or village containing less than one hundred inhabitants,

and whose monthly receipts are less than one thousand dollars, shall pay a license tax of ten dollars per quarter.

Sec. 13. Every keeper of a picture gallery, daguerreotypist, photographist, or other artist, shall pay a license of fifteen dollars per quarter.

Sec. 14. All incorporated roads, bridges, or ferries, or water companies, or any other incorporated company not specified in the provisions of this bill, or any other company or association, person or persons, taking or receiving toll, whose quarterly receipts reach the sum of five hundred dollars, shall pay a license tax of twenty dollars per quarter; those whose quarterly receipts shall not exceed five hundred dollars, shall pay a license tax of ten dollars per quarter; those whose quarterly receipts shall reach one thousand dollars, shall pay a license tax of forty dollars per quarter; those whose quarterly receipts shall reach two thousand dollars, shall pay a license tax of eighty dollars per quarter; those whose quarterly receipts shall reach five thousand dollars per quarter, shall pay a license tax of two hundred and fifty dollars per quarter; and those whose quarterly receipts reach ten thousand dollars, shall pay a license tax of five hundred dollars per quarter.

Sec. 15. That it shall be the duty of any corporate or other company, person or persons, receiving or charging toll or water rates, for any purpose whatever, four times in each year, to file with the treasurer of the county in which said company is located, doing business, or in which they have their office, a sworn state. ment of all their receipts and expenditures. And it shall be the duty of said treasurer to examine said report, and he shall have power to hear testimony for and against the same, and if he approve of the same, he shall proceed to collect the tax imposed by this act upon said company or corporation, as provided by law in other cases. And if such owner, officer, or agent, shall fail or refuse to make report, as above required, it shall be the duty of said treasurer to estimate the receipts of such company, corporations or person, according to his best knowledge and information, and proceed to collect license, as provided in section fourteen of this act; and no abatement or diminution of said treasurer's estimate shall be made.

Sec. 16. That all male persons in this territory who are now, or who may hereafter be, engaged in the laundry business shall pay a license of fifteen dollars per quarter.

Sec. 17. Every person who shall carry on the lottery, or gift, or prize distribution business within this territory, shall pay five per cent. on the amount of property so disposed of.

Sec. 18. Every keeper of a bowling alley shall procure a license, and shall pay therefor the sum of five dollars per quarter for each alley so used.

Sec. 19. Licenses may be granted under the provisions of this act for one year or less, at the option of the applicant: Provided, no license shall be granted for a less time than that mentioned in the rates of assessments of licenses in this act.

Sec. 20. Each tax collector shall make diligent inquiry and examination as to all persons in his county liable to pay license required in this act; and it shall be his duty to require each person to state, under oath or affirmation, the amount of business. which he or the firm of which he is a member, or for which he is the agent or attorney, or the association or corporation of which he is the president or officer, have done in the last preceding month or quarter; and also to make a statement under oath, if required, in order to carry out the provisions of this act; and thereupon such agent or other person shall procure a license for such month or quarter, for the class of which such party is liable to pay ; and in all cases where an under estimate has been made, the applicant shall be made to pay double license for the next month or quarter. Such license shall authorize the party obtaining the same, in his county, to transact business, as provided in such license: Provided, that nothing in this act, nor in any license issued under it, shall be so construed as to authorize any person to carry on any business without procuring such additional license as may be lawfully required by the laws of the United States, or of any incorporated city.

Sec. 21. Any person or persons who shall transact any business, trade, or occupation, or profession, for which a license is required by this act, without first obtaining the same, shall be deemed guilty of a misdemeanor, and, upon conviction, before any court having competent jurisdiction, be fined in any sum not less than ten dollars, nor more than one hundred dollars, and stand committed until such fine shall be satisfied; and like proceedings shall be had thereon as in cases of misdemeanor as prescribed by law.

Sec. 22. If any treasurer shall fail or refuse to enforce the provisions of this act, as herein directed, he shall be liable, and shall pay double the amount of each and every license which he shall so fail to collect, together with all costs of suit; and it shall be the duty of the district attorney of the district in which such treasurer resides, upon complaint of any tax-payer in this territory, to prosecute such treasurer for the same.

Sec. 23. The act entitled "An act concerning licenses," approved February 9, 1865, and the act entitled "An act concerning licenses," approved December 13, 1867, and the act entitled

An act concerning licenses," approved January 15, 1869, and the act entitled "An act concerning licenses," approved January 6, 1870, and all acts and parts of acts conflicting with this act be, and the same are hereby, repealed.

Sec. 24. This act to take effect and be in force from and after

its passage.
Approved January 10, 1872.

CHAPTER LXXIX.

LICENSE TAXES.

AN ACT concerning the appropriation of moneys collected for license taxes.

Section 1. All moneys collected for license taxes in the several counties of this territory, under the provisions of any act concerning licenses now in force, or that may hereafter become a law, shall be paid into the county treasury of the county wherein the same are collected; and sixty per cent. of the whole amount so collected shall be retained in the county treasury of such county for the use of such county, and the remaining forty per cent. shall be paid over by the county treasurer to the territorial treasurer for the use of the territory.

Sec. 2. This act shall take effect and be in force from and after its passage.

Approved January 9, 1872.

CHAPTER LXXX.

LIMITATIONS.

(See ante chap. 41.)

AN ACT to amend an act entitled "An act concerning limitations," approved February 9, 1865.

Section 1. Section two of an act entitled "An act concerning limitations," approved February 9, 1865, is hereby amended so as to read as follows:

Sec. 2. No action to recover any mining, whether placer or quartz, or any quartz lead or lode, or any interest therein or possession thereof, unless the same be held under patent from the government of the United States, shall be commenced or maintained unless that it is proved that the plaintiff or his assigns or predecessors in interest were in the actual session or possession of such mining claim, quartz lead or lode, within one year

next before the commencement of such action, and unless it is further proved that such plaintiff or his assigns or predecessors in interest have complied with the rules and customs of the mining district in which such placer claim is situated, or with the laws of the territory relating to quartz leads and lodes, as to such claim, lead, or lode.

Sec. 3. Sections numbered 3, 4, 5, 6, and 7 of the act to which this act is amendatory, shall not apply, or be held or construed to apply, to mining claims or quartz leads or lodes, unless the same are held under patent from the United States.

Sec. 4. It shall be a valid and sufficient defence, if pleaded, in any action to recover any mining claim, whether quartz or placer, or any quartz lead or lode or interest therein or the possession thereof, unless the same shall be held under patent from the United States government, for the defendant to prove that his assigns or predecessors in interest have been in peaceful possession of each mining claim, quartz lead or lode, under a claim or right, interest, or title made and continued in accordance with the rules and customs of the mining district in which the claim (if a placer claim) is situated, or with the laws of territory (if a quartz claim) and adverse to the claim, title, or interest of the plaintiff, for the period of one year next before the commencement of such action, and such adverse possession, as above stated, for one year shall be

a bar to action.

Sec. 5. This act shall not be held to apply to causes of action for the recovery of mining claims, leads, or lodes, which have account before the passage of this act: Provided, That suit shall be commenced upon such causes of action within one year after the passage of this act; but, whenever any such causes of action have heretofore occurred, suit shall be commenced thereon within one year after the passage of this act, or such causes of action shall be barred as herein provided.

Sec. 6. The provisions of this act shall not apply to placer mines or quartz leads or lodes held under patent from the United States, but causes of action for the recovery of claims, leads, or lodes so held shall be commenced within the times limited in the act to which this is amendatory for the commencement of actions to recover real property.

Sec. 7. This act shall take effect and be in force from and after its passage.

Approved January 11, 1872.