Shanklin

This action was brought to recover the sum of one thousand dollars liquidated"damages, and costs of suit, under the provisions of an act of the legislature of this state, approved April 23, 1880 (Stats. 1880, p. 134, Civ. Code, Deering’s ed., 148,149), requiring the directors of mining corporations formed under the laws of this state to make and cause to be made and posted in the •office of the company, certain statements and reports.

The defendants were directors of the Gray Eagle Mining Company, a corporation, at the time the alleged •cause of action arose, and the plaintiff was and is a stockholder in said corporation.

The complaint alleges a failure of the directors to make and post in the office of the corporation on the first Monday of November, 1892, a balance sheet, or itemized account, of the receipts and disbursements for the month of October, with other matters required by the statute, and also charging that they had failed and neglected to have or require the superintendent of the company to file with the secretary thereof an itemized ■account, verified under oath, showing all the receipts and disbursements made by him for the previous month, and that the…