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neglected or refused to pay the license tax due hereunder, omitting from such report such corporations as the Governor for good cause shown, shall by written certificate filed in the office of the Secretary of State have given further time for the payment of such license tax or taxes, and omitting those corporations which have made partial payment as herein provided of license taxes and have brought suit as herein provided to determine whether any additional tax is due. Immediately after receipt of such report from the Secretary of State, the Governor shall forthwith issue a proclamation declaring that the Certificate of Incorporation of domestic corporations named in said report are forfeited and that the rights of the foreign corporations named in such report to carry on business in this State are forfeited, each corporation to be named in the proclamation.

The proclamation of the Governor shall be filed in the office of the Secretary of State and published for two weeks in a newspaper. published and of general circulation in the county in which the principal office of such corporation is located. Each of said newspapers shall have a general circulation throughout the State and such publications shall be one week apart. Proofs of such publications shall be filed in the office of the Secretary of State and upon such filing, the certificates of incorporation of the domestic corporations named in the proclamation shall be forfeited, and the rights of all foreign corporations named in the proclamation to carry on business in the State of Wyoming shall become forfeited. Upon the filing of such proofs in the office of the Secretary of State, the Secretary of State shall forthwith transmit to the County Clerk of each county in this State a certified copy of the proclamation and every County Clerk upon the receipt of said certified copy shall forthwith mark in brief upon the margin of record of each certificate of incorporation of domestic corporations, named in said proclamation which is of record in his office, and upon each certified copy of charters, certificates of incorporation or articles of incorporation of foreign corporations named in said proclamation which is of record in his office that the certificate of incorporation of the domestic corporation is forfeited and that the right of the foreign corporation to carry on business in this State is forfeited.

Any person or persons who shall exercise or attempt to exercise any powers for or on behalf of any corporation named in such proclamation after the publication of such proclamation and the filing of proof thereof in the office of the Secretary of State shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $1,000.00, or by imprisonment not exceeding one year, or both.

The Secretary of State shall accept any tender of license tax made by a corporation under the provisions of this Act either as a payment in full of said license tax or as a partial payment thereof.

No certificate of incorporation of any domestic corporation and no right of any foreign corporation to carry on business in Wyoming shall be forfeited because of non-payment of any portion of the license tax due hereunder, when the Secretary of State shall accept the license tax tendered as payment in full. Such acceptance as payment in full, however, shall not prevent the bringing of proper action by the Secretary of State for any balance due from said corporation which may thereafter be found to be due, but such action shall be brought within three years after the right of action therefor accrues.

In the event that a corporation shall tender as payment of its license tax an amount less than the amount which the Secretary of State believes to be the proper tax for the year, the Secretary of

State shall accept the same as partial payment and shall issue a receipt therefor, stating therein that partial payment only is acknowledged. It shall thereupon become the duty of such corporation which has not had its tender of the amount of license tax accepted as full payment to bring an action against the Secretary of State in some district court of the State of Wyoming, or in the United States District Court for the District of Wyoming, to determine the amount of such tax. Said action shall be brought within 90 days after issuance of said receipt either under the provisions of Chapter 50 of the Session Laws of Wyoming of 1923, entitled "An Act concerning Declaratory Judgments and Decrees and to make uniform the Laws relating thereto," or under the General Equity Rules and Procedure of the Court in which said action is brought.

In such action the Secretary of State shall not deny that he will cause the certificate of incorporation of the complaining corporation or its right to carry on business in Wyoming to become forfeited, unless he is enjoined therefrom. Should such court determine that no additional license tax for the year in question is due from the complaining corporation, then it shall enjoin the Secretary of State from reporting to the Governor, such corporation as delinquent for such year, and from attempting to collect any further tax for such year.

Should such Court determine that an additional tax is due, it shall give judgment to the Secretary of State for the use and benefit of the State of Wyoming, for the amount found due with costs.

Should the court find that an additional tax is due for the year in question and that the tender made to the Secretary of State was made in bad faith it shall give judgment to the Secretary of State for the use and benefit of the State of Wyoming for the amount found due and for exemplary damages and for attorney's fees and costs.

Any corporation failing to pay the amount of a judgment in favor of the Secretary of State, shall be deemed delinquent in the payment of the license tax for the year in question.

Section 3. Chapter 69, Session Laws of Wyoming, 1923, is hereby repealed.

Section 4. This Act shall take effect and be in force from and after its passage.

Approved February 25, 1925.

CHAPTER 118.

Original House Bill No. 141.

ADJUDICATION OF WATER RIGHTS.

AN ACT to amend and re-enact Section 849, Wyoming Compiled Statutes, 1920, relating to the adjudication of water rights by the State Board of Control.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. That Section 849, Wyoming Compiled Statutes, 1920, be amended and re-enacted to read as follows:

"Section 849. Whenever an appropriation of water has been perfected in accordance with any permit issued by the State Engineer, the appropriator may submit final proof of appropriation of water

at any time within the time specified by Chapter 7, Session Laws of Wyoming, 1923, before the superintendent of the water division in which the water right involved is situated, or, when more expedient, before the superintendent of another water division or the State Engineer, or before a water commissioner in accordance with the provisions of Section 891, Wyoming Compiled Statutes, 1920. Proofs shall be made by appropriators under oath before any such officer and upon forms furnished by the State Board of Control. For the purpose of receiving such proofs as appropriators may wish to submit, the superintendent of each of the water divisions of the State shall make at least one comprehensive scheduled trip over his division each year, stopping at such places as will in his opinion be of most convenience to the water appropriators. The superintendent shall also take proofs of appropriation of water at such other times and places as may be found expedient. The State Board of Control is hereby authorized to make such further rules and regulations as the board may deem advisable. The superintendent shall collect for each proof taken a fee of two dollars, one dollar of which fee shall be used toward defraying the expense of the State Board of Control in the matter and one dollar of which fee shall be used to pay for the recording of the certificate of appropriation in the office of the County Clerk of the county in which the water right is situated. At least thirty days prior to any regular meeting of the State Board of Control the superintendent of each water division shall cause all proofs taken by him as aforesaid, to be advertised in at least one issue of a newspaper having a general circulation in the community where the water right involved is situated, such advertisement to contain in each case the permit number, the name of the appropriator, the name of the stream from which the appropriation is made, and the amount of the appropriation expressed in acres for ditches designed for the irrigation of lands and in acre-feet for reservoirs. Such advertisement shall state the time when, and the place where, the proofs of appropriation of water taken by the superintendent will be open for public inspection, and such time shall be for a period of not less than one or more than five days, and the last day of the period shall be not less than fifteen days prior to the meeting of the said board. Any party who may claim an interest in any water right from the stream or streams to which the advertised proofs refer, shall have the right of contest against any of the proposed adjudications according to the provisions of Sections 893, 894, 895 and 896, Wyoming Compiled Statutes, 1920. Upon the completion of the taking of proofs of appropriation and the advertising of same as aforesaid, the superintendent of each water division shall forthwith transmit to the office of the State Board of Control in Cheyenne the several proofs taken, together with fees collected, and shall accompany same with affidavits of publication as evidence of the required advertisement thereof. At its next regular meeting the said board shall consider all proofs of appropriation received from the division superintendents and if satisfied that there are no conflicts and that any appropriation involved has been perfected in accordance with the permit issued by the State Engineer, it shall be the duty of the said State Board of Control, by the hand of its president, attested under seal by the secretary of the board, to issue a certificate of appropriation of water of the same character as that described in Section 899, Wyoming Compiled Statutes, 1920, and to send said certificate to the County Clerk of the county in which the use of water has been made, which

said certificate shall be recorded in the office of the said County Clerk as provided in said Section 899."

Section 2. All Acts and parts of Acts in conflict herewith are hereby repealed.

Section 3. This Act shall take effect and be in force from and after its passage.

Approved February 25, 1925.

CHAPTER 119.

Original House Bill No. 206.

APPROPRIATION FOR ASSESSMENTS FOR DRAINAGE AND IRRIGATION

DISTRICTS.

AN ACT to provide for the appropriation of Seventy-five hundred ($7,500.00) Dollars for assessments for drainage and irrigation district on the State

Lands lying within the District.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. That Seventy-five hundred ($7,500.00) Dollars is hereby appropriated, out of any fund not otherwise appropriated in the State Treasury for assessments for drainage and for assessments for irrigation on State lands, located in several irrigation and drainage districts, for the years 1924 and 1925.

Section 2. This Act shall take effect and be in force from and after its passage.

Approved February 25, 1925.

CHAPTER 120.

Original House Bill No. 159.

SUPERVISION OF ABSTRACT AND LOAN COMPANIES.

AN ACT to amend and re-enact Section 5435, Wyoming Compiled Statutes, 1920, relating to the supervision of Abstract and Loan Companies.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. That Section 5435, Wyoming Compiled Statutes, 1920, relating to the supervision of abstract and loan companies be amended and re-enacted to read as follows:

"Section 5435. Every institution incorporated under the provisions of this chapter, shall be subject to examination by the State Examiner and shall report upon call. Any organization hereafter created under and by virtue of the provisions of this chapter, shall conform to and be subject to the provisions of the banking laws of the State of Wyoming, and shall be under the supervision of the State Examiner and shall be authorized to do business only after complying with the laws relating to the authorization of state banks and trust companies; provided, however, that this section shall not apply to any company doing abstract and title business only.

Section 2. This Act shall take effect and be in force from and

after its passage.

Approved February 25, 1925.

CHAPTER 121.

Original House Bill No. 179.

APPROPRIATION FOR UNIFORMS FOR SCHOOL CADETS.

AN ACT appropirating money for the two years ending March 31st, 1927, for uniforms for school cadets.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. There is hereby appropriated the sum of Five Thousand Dollars, or so much thereof as may be necessary, for the purchase of uniforms for school cadets, for the two years ending March 31st, 1927, as provided for in Section 12, Chapter 152, Session Laws, 1921.

Section 2. It is provided, however, that this Act shall not apply to any public school which is entitled to receive Federal Aid for any of the purposes aforesaid mentioned.

Section 3. This Act shall take effect and be in force from and after its passage.

Approved February 25, 1925.

CHAPTER 122.

Original Senate File No. 106.

NOTICE BY JUDGES OF SIGNING ORDERS AND JUDGMENTS. AN ACT requiring judges to give notice to the parties in an action of the signing of all orders and judgments signed by them.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. All District Judges of the District Courts within the State of Wyoming, are hereby required to serve or cause to be served upon the respective parties or their attorneys of record, a copy of all orders and judgments signed by them, whether said orders are signed within or without their respective districts.

Section 2. This Act shall take effect and be in force from and after its passage.

Approved February 25, 1925.

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