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III.

NEBRASKA-NEVADA LAWS.

LIABILITY OF STOCKHOLDERS:

The statutes provide that in all cases of claims against corporations, after the corporate property shall have been exhausted, the subscribers to the stock shall be individually liable to the extent of any unpaid subscription and the liability for such shall follow the stock; and that every stockholder in a banking corporation or institution organized under the laws of the State shall be individually liable to its creditors, while he remains a stockholder, to an amount equal to the par value of the shares of stock held by him in addition to the original subscription

therefor.

(For Foreign Corporations, see Commercial Law, "II. Aliens.")

I. STATE BOUNTY:

MINING.

It is provided by statute that upon its being made apparent to the Governor of Nebraska that there has been discovered either a vein of coal not less than twenty-six inches in depth, of sufficient capacity to mine, or a vein of good iron ore, eighteen inches thick, it shall be his duty to appoint a suitable person to examine and report as to the extent and capacity of the vein or veins, and in the event of such report being satisfactory, he shall direct the auditor to draw an order on the treasurer for the sum of four thousand dollars to be paid the owner of such mine of coal; and of two thousand dollars for a vein of iron ore one foot thick.

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1. ACKNOWLEDGMENTS:

Within the State, may be taken by a judge or clerk of any court having a seal, a notary public or a justice of the peace. Without the State, they may be taken by the same officers, with the exception that one taken before a justice must have attached a certificate of the authority of such justice by the clerk of a court of record having a seal. Without the United States, before a judge or clerk of any court having a seal, a notary public, or before any minister, commissioner, consul, or consular agent of the United States.

II. ASSIGNMENT:

an

Upon execution of real, personal and otherwise, for the benefit of all credassignment of all property, itors, and compliance with the several provisions of the Insolvent Act, and provided fifty per cent of the indebtedness is paid, insolvent debtors may obtain a discharge. III. ATTACHMENT:

Attachments issue at the instance of the plaintiff in actions at law, unless the defendant gives security for the satisfaction of all judgments therein, when, in an action upon a contract for the direct payment of money, payable in the State, no security or pledge upon real or personal estate for the payment of the same has been given to or is held by the plaintiff, or if so given or held, has been rendered nugatory by defendant's act: the defendant is a non-resident in the State. Affidavit and when must be made by the plaintiff, setting forth the grounds upon which attachment is desired to issue, and security must be given the court, conditioned in favor of the defendant for payment of all costs and damages sustained by such defendant by reason of said attachment, in the event that plaintiff fails to recover judgment.

IV. CHATTEL MORTGAGES:

Delivery of property to mortgagee is not necessary, providing that there is attached to the deed, affidavits of parties thereto, or their agents, showing that the deed is made in good faith; given for a debt, the particulars of which shall be stated, actually owing from the mortgagor; and is not made to hinder, delay or defraud mortgagor's creditors.

V. COURTS:

District Courts have original jurisdiction of all cases in equity; and of all cases in law involving title or possession of land or mining claims, or the legality of any tax or assessment; of actions for enforcement of liens; of the settlement of deceased persons' estates; of the care of persons and estates of those insane or in minority; and of all cases in which the amount claimed or the value of the property in controversy exceeds three hundred dollars. Justice Courts have jurisdiction of all actions for the recovery of money on contract, or on account; of damages for injury to person or property, or a fine, penalty or forfeiture under ordinance of any city, town or village; on a bond or undertaking, or for taxes, when the amount in each case noted does not exceed three hundred dollars. They have also jurisdiction of actions for the possession of lands as between landlord and tenant.

VI. EXEMPTIONS:

men.

or

Necessary household furniture and provisions and fuel for space of one month. Farming implements and stock to a certain number, and seed grain or vegetables to value of two hundred dollars. Tools of mechanic artisan, and instruments and libraries of professional Cabin or dwelling of a miner, of not more than five hundred dollars in value, together with sluices, hose, pipes, windlasses, whims, derricks, and other tools and implements necessary to carry on the business of mining, not exceeding in value additional five hundred dollars; together with two horses, mules or oxen, with their harness, and food for same for one month, when such are necessary or used for the operation of any whim, derrick, windlass, etc., in such mining operations. Teams used by hucksters, peddlers, etc., and by surgeons, physicians and ministers, are exempt, together with food for same for one month. A sewing machine in every case, not more than one hundred and fifty dollars in value, in actual use by debtor or his family. Earnings of judgment debtor to extent of fifty dollars.

Homesteads of the value of five thousand dollars and less are exempt.

VII. INTEREST:

The legal rate of interest is seven per cent. per annum. Parties may contract in writing for any other rate, but only original claim bears interest after judgment on such contract.

VIII. LIMITATIONS:

a

Actions, other than those for the recovery of real property, must be commenced within the time following the various classes specified. Upon a judgment or decree, contract, obligation, or liability, founded upon a written instrument in writing, except in case of disability, six years. On an open account for goods, wares, and merchandise, sold and delivered; store accounts, a contract, obligation, or liability not founded on written instrument. four years. Upon a liability created by statute other than a penalty or forfeiture; for trespass; for taking, detaining, or injury of goods or chattels; for recovery of personal property; for relief on the ground of fraud cause of action in such case accruing only on discovery by the aggrieved party of the facts constituting the fraud three years. Against a sheriff, coroner, or constable, for acts of omission or commission, including non-payment of money collected upon an execution; upon a statute for a penalty or forfeiture, when the action is given to an individual or to an individual and the State, except when the statute imposing it prescribes a different limitation; for libel, slander, assault, battery, or false imprisonment upon a statute for a forfeiture or penalty to the State: against a sheriff or other person for the escape of a prisoner arrested or imprisoned on civil process, three years. In all other cases, within two years after the cause of action accrues. A right of action shall be deemed to have accrued on a judgment at the time of its rendition. IX. MARRIED WOMEN:

All property of the wife owned before marriage, and acquired afterward by gift, bequest, devise, or descent, con

stitute her separate property, and she has absolute power over and may dispose of the same without the consent of husband. All other property acquired by the husband and wife during coverture is common property, and controlled by the husband; but wife's personal earnings, when she has been allowed by her husband to appropriate the same to her own use, constitute her separate property. The separate property of the husband is not liable for the debts of the wife contracted before marriage; and the separate property of the wife is not liable for the debts of her husband, but is liable for her own debts contracted before marriage. Dower and curtesy are abolished.

X. NOTES AND BILLS:

All notes in writing, made and signed by any person, containing a promise to pay to any other person, or to his order, or to the order of any other person, or to the bearer, any sum of money therein mentioned, are due and payable as therein expressed; have the same effect, are negotiable, and otherwise transferrable as is usual under the law merchant. Acceptances must be in writing, signed by acceptor or his lawful agent, and if on paper other than the bill itself shall not bind the acceptor, except in favor of a person to whom such acceptance shall have been shown, and who, on the faith thereof, shall have received the bill for a valuable consideration. An unconditional promise in writing to accept a bill before it is drawn is deemed an actual acceptance in favor of any person who, upon the faith thereof, shall have accepted the bill for a valuable consideration. The rate of damage allowed and paid upon the usual protest for non-payment of bills of exchange, drawn or negotiable in this State, if such bill shall have been drawn upon any person or persons in any of the United States east of the Rocky Mountains, is fifteen per cent; and if said bill shall have been drawn upon any person or persons in any foreign country, twenty per cent. When a bill of exchange is protested for non-acceptance, the same rate of damages shall be allowed on the protest for non-acceptance as for non-payment, and shall be in lieu of interest, charges of protest, and all other charges incurred previous to and at the time of giving notice of non-acceptance; but the holder shall be entitled to receive interest upon the aggregate amount of the principal sum specified in the bill, and of the damages therein, from the time at which notice of protest for non-acceptance shall have been given. In all cases where a notice of non-acceptance of a bill of exchange, or non-payment of a bill of exchange, promissory note, or other negotiable instrument, may be given by sending the same by mail, it shall be sufficient if such notice be directed to the city or town where the person sought to be charged by such notice resided at the time of making, drawing, or indorsing such bill of exchange, promissory note, or other negotiable instrument, unless such person, at the time of affixing his signature to such bill, note, or other negotiable instrument, shall, in addition thereto, specify therein the postoffice to which he may require the notice to be addressed.

XI. REDEMPTION:

Upon a sale of real property under execution, or on foreclosure, the defendant may, within six months, redeem such, upon payment of the amount for which the property was sold, with eighteen per cent additional, and any assessment or taxes that the purchaser may have paid thereon after the purchase.

XII. SUITS:

In this State there is but one form of civil action. Civil action in the District Courts (that is, courts of record), are commenced by the filing complaint with the clerk of the court, and the issuance of a summons thereon. After the filing of the complaint, a defendant in the action may appear, and answer or demur, whether the summons has been issued or not, and such appearance, answer or demurrer shall be deemed a waiver of summons. Actions in Justice Courts are commenced by filing a copy of the account, note, bill, bond, or instrument upon which the action is brought, or a concise statement in writing of the cause of action, and the issuance of a summons thereon, or by the voluntary appearance and pleadings of the parties without summons. In the latter case, the action shall be deemed commenced at the time of the appearance.

CORPORATIONS.

1. ORGANIZATION:

Corporations may be formed for any purpose, except to issue notes to circulate as money. Three or more persons may form a corporation by signing and acknowledging a certificate of incorporation, and having the same recorded with the clerk of the county in which the principal place of business is to be located; and also filing a copy thereof, properly certified, with the Secretary of State. The certificate must contain the name of the corporation, its object, the amount of the capital stock and the number of shares, its term of existence (not exceed

ing fifty years), the number of trustees and their names (not less than three), who shall manage its affairs for the first six months, and the name and location of its principal place of business within the State.

II. POWERS:

Are in effect and extent the same as are allowed in other states. The corporate powers shall be exercised by a board of trustees not less than three in number, who shall be stockholders, and who shall be elected annually by the stockholders. The general powers and duties of stockholders and trustees are such as are incident to all corporations. Corporations in this State shall have the power, whenever at any assessment sale of the delinquent stock of said corporation, no person will take the stock and pay the assessment thereon, to purchase such stock and hold the same for the benefit of the corporation. The stock so purchased shall be held subject to the control of the remaining stockholders, who may make such disposition of the same as they may see fit. A majority of the remaining shares of stock in such corporation shall be held to be a majority of the stock for all purposes of election or voting on any question before a stockholders' meeting.

On petition of stockholders holding a majority of stock, the district judge of the district wherein the corporation's principal place of business is situated shall call a meeting of stockholders for the purpose of removing any or all of the officers of such corporation, and at such meeting any officer may be removed and a new one elected.

A corporation may dissolve itself by petition to and proceedings before the judge of the district in which is situate the head office.

III. SHARES:

Shares are personal estate and are transferable by endorsement and delivery, but such transfer is not valid, except as to the parties thereto, until entered on the books of the corporation. No dividend can be declared except on net profits.

IV.

OUTSIDE CORPORATIONS:

Every incorporated company created and existing under the laws of any other state, owning property or doing business in this State, shall appoint and keep an agent in this State upon whom all legal process may be served for such corporation. Such corporation must file a certificate, properly authenticated by the proper officers of such company, with the Secretary of State, specifying the full name and residence of such agent, which certificate shall be renewed by such company as often as a change may be made in such appointment. Any and all legal process may be served upon such company by delivering to such agent personally a copy of such process, which service shall be legal and valid. If any such company shall fail to appoint such agent, or fail to renew such certificate for ten days after a vacancy occurs in such agency, then it shall be lawful to serve such company with any and all legal process by delivering a copy to the Secretary of State, and such service shall be valid.

I. MINING CLAIMS:

MINING.

Mining claims are located and held under the provisions of the mining laws of the United States (q. v.), and local regulations thereby authorized. (Sec. 2324.) There is no State regulation in this respect, except: (1.) In case of Co-owners under the proceedings against delinquent

United States statutes. The moving party must, within thirty days after the title vests in him, have recorded in the office of the county recorder a copy of the notice given, with an affidavit of service, if personal, or an affidavit of publication by the publisher or his clerk, when published, together with his own affidavit that the parties proceeded against have not paid their share of expenditure, or performed their share of labor. Such record, or a copy thereof, is prima facie evidence of the facts stated therein. (2.) An affidavit of annual labor and expenditure made before the mining recorder of the district and recorded with him is prima facie evidence of the facts stated therein.

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IV. BILLS OF SALE:

Bills of sale of personal property, where possession does not pass, shall be filed with affidavit of witness and purchaser in the county registry office in order to hold against creditors of bargainor. Bills of sale by way of chattel mortgage shall be filed with affidavit of a witness to execution, and affidavit of the mortgagee of the justice of the debt and a statement of the amount due on the same may be required from the mortgagee at any time.

V. COURTS:

Justices have jurisdiction up to twenty dollars' debt and eight dollars' damages; Commissioners' Courts to eighty dollars' debt and thirty dollars' damages: and County Courts to four hundred dollars' debt and two hundred dollars' damages, from which appeal lies to the Supreme Court. There is a Probate Court for each county, from which appeal lies to the Supreme Court. The Supreme Court has jurisdiction over all other matters. On appeals from the County and Probate Courts bonds with securities are required to pay the costs of appeal. VI. FEES:

Acknowledgment before notary public..
Acknowledgment before clerk of court.
Acknowledgment before justice...

Attachment: Taxable costs, depending on circum

stances.

1.00

1.00

.20

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from

Foreign, besides expenses..

3.00

Redemption of real estate, from $30 to..

150.00

Redemption of personal property, not exceeding.

10.00

Sheriff Service, besides mileage, 5 cents, going and

coming..

50

Witness: Justice Court, each day.

.25

Circuit Court, each day.

.30

Mileage each way.

.05

COMMERCIAL LAW.

I. ACKNOWLEDGMENTS:

All conveyances of land must be in writing, and, before registration, must be acknowledged by the party executing the same, or proved by the oath of a subscribing witness. If acknowledged within the Province same must be made before a judge of the Supreme or any County Court, a member of the executive or legislative council, any registrar or deputy registrar of deeds, any notary public appointed for and resident in the Province, certified under his hand and official seal, or any justice of the peace in the county in which the conveyance is to be registered. Proof of execution in the Province may be taken before any of the said officials except a justice of the peace.

Acknowledgment or proof without the Province may be made before: Any commissioner appointed for taking affidavits, any commissioner authorized to administer oaths in England, the mayor or chief magistrate of any municipality or town corporate, certified under the common or corporate seal of such city, etc., or the seal of such mayor or chief magistrate; any judge of a court of record or supreme jurisdiction in the United Kingdom, its colonies or dependencies; any British minister, ambassador, consul or consular agent of Her Majesty, or before the Governor of a state, and certified under the hand and seal of such said officers. If the conveyance be by a corporation, proof of the corporate seal shall, in all cases, be sufficient. Married women must make separate acknowledg

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Judgments in all courts of record are liens on personal property from the issue of execution, and on lands from the issue of execution in the Supreme and County Courts. Memorials of judgments recovered in the Supreme and County Courts may be registered in the county where the lands of the debtor lie, and form a lien on the same for five years, and may be renewed every five years with like effect. Executions must be issued within three years of judgments in Justices' and Commissioners' Courts, and within twenty years in the Supreme and County Courts.

XII. LIENS:

Mechanics, woodmen and general wage earners are protected by special acts giving them liens and preference in case of insolvency.

XIII. LIMITATIONS:

Actions on judgments of courts of record, recognizances, bonds, or other specialty, or for the recovery of real property, must be brought within twenty years of the time cause of action accrues. In cases of assault, battery, wounding, imprisonment, or injurious words, within two years; and in all other personal actions, within six years. XIV. MARRIED WOMEN:

Retain their property, real or personal, owned at marriage or acquired thereafter by gift (except from husband), devise, descent or purchase, free from the control of the husband, and not liable for his debts. A married woman may hold real and personal property as if a femme sole, and may bind her separate estate by contracts, and shall have full control of property possessed at the time of marriage or acquired thereafter.

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Are governed by mercantile law. Notice of dishonor mailed to the place at which the note on its face purports to have been made is sufficient. Any promise in the form of a promissory note or bill of exchange is commercial paper, and need not be made payable at bank or any fixed place. But, if not payable at a named place, in order to bind indorsers or the drawer, the paper must be presented either personally to the maker or acceptor. or at his residence or place of business, if he has one, at maturity.

XVII. SUITS:

Are commenced by summons or capias. Summons in Justices' and Commissioners' Courts may be made returnable not less than six nor more than thirty days from the time of issuing. In County and Supreme Courts they may be returnable within twenty days after service, and may be served at any time within two months from issue. Service may be either personal, or by leaving a copy of writ at the last known place of residence with some adult member of the family, if defendant is within the Province at the time of leaving said copy.

CORPORATIONS.

I. ORGANIZATION:

The petition for letters patent must set forth: 1. The proposed corporate name of the company. 2. The object for which its incorporation is sought. 3. The place in New Brunswick where the chief place of business is to be established. 4. The amount of its capital stock, not to be less in any case than two thousand dollars, actually subscribed. 5. The number of shares, and the amount of each share. 6. The name in full, address and calling of each of the applicants, three of whom are to be the first or provisional directors of the company; the amount of stock taken by each applicant and the amount paid in thereupon: the aggregate of the stock so taken to be at least one-half of the total amount of the stock, and also whether the amount paid in is paid in cash or by transfer of property, describing the property, or how otherwise.

The petition shall be signed by the shareholders or three of them at the least, or shall be accompanied by a memorandum of association signed by such shareholders or their attorneys, containing the particulars above set forth. Any payments on account of stock must be paid into some bank to the credit of the company or of trustees therefor. When the capital stock of the proposed company exceeds five thousand dollars, notice of application for letters patent shall be published in the "Royal Gazette" for two weeks before such application is made. The petition above mentioned, directed to the Lieutenant-Governor-in-Council shall be presented through the Provincial Secretary not more than one month after the last publication of such notice. Notice of the granting of letters patent shall be published in the "Royal Gazette" and incorporation shall thereupon be complete. The head office of any company must be located within New Brunswick. but if requested in the petition for letters patent, permission may be given to hold the annual meetings in the United States, in Great Britain, or in any other province of Canada.

IL POWERS:

Companies may be so incorporated for any purposes or objects within the legislative authority of New Brunswick, except the construction and working of railways, the business of insurance, or for the management of trades unions, friendly societies, building societies or other

associations of like character, for which special acts of incorporation are necessary. Any company incorporated under the act may acquire, hold, alienate and convey real estate requisite for the operations of the company. Supplementary letters patent extending the powers of the company within the act may be procured with the concurrence of at least two-thirds in value of the total shareholders of the company.

III. DIRECTORS:

The affairs of every company shall be managed by a board of not less than three directors, and the directors named in the letters patent shall continue until replaced by others duly appointed. A director must be a shareholder owning stock in his own right to the amount required by the by-laws of the company, and all calls thereon must be paid up. Directors shall be elected annually in general meeting of the company. A shareholder may vote on each share owned by him, and may vote by proxy, such proxy being himself a shareholder. All calls upon shares must be paid to entitle shareholder to vote. IV. CAPITAL STOCK:

The capital stock of the company may be increased or decreased, or the shares subdivided by by-law, with the concurrence of not less than two-thirds in value of the shareholders at a general meeting of the company. The stock of the company is personal estate and shall be transferable as prescribed by the by-laws of the company, subject to the act. A company may be authorized under letters patent to issue ordinary and preferred stock; the latter to have priority as regards dividends and likewise over ordinary stock. No company under the act shall issue stock to represent increased value of any property of the company. The watering of stock is prohibited.

V. LIABILITY OF SHAREHOLDERS:

Each shareholder, until the whole amount of his shares has been paid up, shall be individually liable to the creditors of the company to an amount equal to the amount not paid up; but shall not be liable to any action until an execution has been issued against the company by the creditor and returned unsatisfied in whole or in part. Any amount recovered from a shareholder under this provision shall be taken as a payment on his shares. The shareholders shall not as such be held responsible for any act, default or liability whatsoever of the company, or for any claim, injury, transaction or matter relating to or connected with the company, beyond the amount unpaid on their shares. No person holding stock as an executor, guardian or trustee shall be personally liable as a shareholder, but the estate in his hands shall be liable in the same manner as the original shareholder. Persons holding stock as collateral security shall not be personally subject to any liabilities thereon.

VI. RESTRICTIONS, ETC.:

Companies incorporated under the Companies' Act may not issue notes payable to bearer or engage in banking or insurance.

The legal domicile of the company shall be an office in the locality where is their chief place of business, and notice of the selection of that office and of any change therein shall be advertised. Any summons, order or other process or document may be served on a company by leaving the same at its office with any grown person in the employ of the company, or on its president or secretary, or by publication by order of a judge of the Supreme or County Court.

No loan shall be made by any company to any shareholder. Any action may be prosecuted between the company and any shareholder.

The charter of the company shall be forfeited by nonuser during three consecutive years at any one time, or if the company do not go into actual operation within three years after the granting of the charter.

Any existing company incorporated prior to the act may apply for letters patent thereunder.

A statement of the affairs and financial position of the company shall be made by the directors at each general meeting. The directors may borrow money and issue the bonds of the company therefor with the concurrence by vote of not less than two-thirds in value of the shareholders present or represented at a special general meeting called for that purpose. The amount of such bonds shall not be greater than seventy-five per cent of the actual paid-up stock of the company.

All incorporate companies may be wound up under the "Winding-up Act.'

VII. INCORPORATION FEES:

The scale of fees to the Provincial Secretary on application for letters patent runs from a fee of twenty dollars when the proposed capital stock of the company is ten thousand dollars or less, to a fee of one hundred and twenty-five dollars when the proposed capital stock is over five hundred thousand dollars and less than one million dollars; and for every five hundred thousand dollars in excess of one million dollars an additional fee of twenty-five dollars.

MINING.

[For Gold and Silver.] I. AREAS:

Quartz mines are laid off in rectangular areas of one hundred and fifty feet, magnetic east and west, by two hundred and fifty feet, north and south. Alluvial mines are laid out as above so far as possible.

II.

PROSPECTING AND MILL LICENSES:

Under the present act, "prospecting licenses," giving the right to search for gold and silver; and licenses to search," giving the right to search for mines other than gold or silver, may be taken out.

A prospecting license for any period not exceeding twelve months may be obtained upon application to the Surveyor-General, and upon payment therefor at the rate of fifty cents per area up to ten areas, and twenty-five cents for every additional area, such license not to include in land measure more than one hundred acres. A prospecting license may be renewed for a second period of twelve months at half the above rate. Within the duration of any such license the holder shall be entitled to a lease of any areas included in the license.

A license is required to authorize the use of any mill or machinery for the reduction or concentration of quartz or other gold or silver bearing material, or for crushing, stamping, etc. Under such a license a royalty of two and one-half per cent on the gross amount of gold obtained in the mill is payable, and the like amount on silver. A penalty of four hundred dollars is imposed for running mills for crushing, etc., without a license. III. LEASES:

Leases may be procured of gold and silver areas from the Surveyor-General upon application in writing and upon payment of two dollars for every area leased, for the first year; the sum of fifty cents for each area leased being payable annually in advance for each subsequent year. The lease is forfeited by failure to make such annual payment in advance.

Provision is made for arbitration with private landholders owning the lands included in any lease, as to the damages sustained by the land-owner by any miner working under a lease. Questions of disputed title can be referred to a judge of the Supreme Court, who can dispose of such questions in a summary manner upon notice to all persons interested.

All leases shall be for the term of twenty years, but a lease may be surrendered at any time. Leases are forfeited on failure to pay royalties, to perform each year the number of days' labor specified in the lease, or to comply with any other of the provisions of such lease.

IV. RETURNS:

Lessees of mines are required to make to the SurveyorGeneral quarterly returns of the amount of labor performed on the lands leased, the amount of material mined and put through the mill, and the returns and productions from the premises leased.

V. ROYALTY:

A royalty of two and one-half per cent upon the gross amount of gold and silver mined is payable under all leases.

Lessees are entitled to thirty days' notice of any proceedings by the Surveyor-General for the forfeiture of any lease for non-compliance with its conditions or with the provisions of the mining act. The Surveyor-General shall appoint a time and place for investigating any question as to non-compliance with the terms of his lease by a lessee, at which hearing evidence shall be taken and reduced to writing. An appeal lies from the decision therein to a judge of the Supreme Court.

The Surveyor-General may declare leases for mining gold and silver forfeited for failure to work for the space of five years, after three weeks' publication of notice of such intended declaration, and on hearing any party interested in any such lease, and his decision is subject to appeal. An appeal lies from the decision of the Surveyor-General respecting any application for a prospecting license or a lease of a gold and silver area, to the Lieutenant-Governor-in-Council. Provision is made for the infliction of penalties for unlawful mining or mining in any lands without authority.

[Mines Other Than Gold or Silver.] I. LICENSES:

Licenses to search for minerals other than gold, or gold and silver, may be granted, to be in force for one year from date of application. The license fee is twenty dollars, and the license may cover any tract not exceeding five square miles in extent, but not more than two and a half miles in length, in a rectangular shape, the lines of said rectangle bearing magnetically to north, south, east and west. A survey is required at the cost

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of the licensee. The license may be renewed for another twelve months on application therefor not less than thirty days before the expiration of the first term, and on payment of the sum of twenty dollars.

Second rights to search over the same area may be granted, provided that no other applications shall be received than there are areas of one square mile within the area first applied for.

The holder of a license to search may at any time before the expiration thereof select an area of one square mile from the land covered by the license for working the mines therein, the fee therefor being fifty dollars. A license to work shall be for a term of two years from the date of application, and may be exter ded to three years on payment of one-half the amount originally paid. Effective mining operations must be commenced within the term of the license. A license to work may be obtained in the first instance upon the terms above mentioned. The holder of a license to work is entitled to a lease of the premises covered by the license on or before the termination thereof.

The owner of any land may procure a license at any time, with the approval of the Surveyor-General, to search for and mine therein manganese only.

II. LEASES:

Leases of mines other than gold or silver are for the term of twenty years and may be renewed as hereinafter mentioned. A lessee of a coal mine is not authorized to assign or transfer his lease without the consent of the Governor in council. A lease may be surrendered at any time. The Lieutenant-Governor-in-Council may upon special circumstances authorize a lease of a larger area than one square mile.

Leases of copper and lead mines convey all associated ores and metals.

Provisions exist for the fixing of boundaries of mining areas under the supervision of the Surveyor-General, and in conjunction with lessees of adjoining areas, within six months after the issuing of any lease.

Leases of mines other than gold and silver may be renewed for twenty years; and also for a third period of twenty years upon compliance with the provisions of the leases of the mining act.

Leases may be forfeited for non-compliance with the terms of the leases, for abandonment, or for failure to work effectually; but an appeal lies to the Supreme Court from the decision of the Surveyor-General declaring a forfeiture.

A lessee may be required to pay damages to the owner of any land covered by a lease or license. Leases are required to be registered in the Crown Land Office within one year from the time of application, otherwise the area shall be considered vacant. The annual rent payable by lessees of mines other than gold and silver shall be fifty dollars per square mile. All mortgages and other transfers affecting the title to any mines shall be recorded in the Crown Land Office.

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The following royalties are payable to the Government: Coal, ten cents per long ton on the coal removed from the mine: copper, four cents upon every one per cent of copper in each ton of two thousand three hundred and fifty-two pounds of copper ore sold or smelted: lead, two cents upon every one per cent contained in each ton of two thousand two hundred and forty pounds of lead ore sold or smelted; iron, five cents on every ton of two thousand two hundred and forty pounds of ore sold or smelted; tin and precious stones, five per cent on their value: salt, two cents per bushel, but none shall be paid when the brine does not contain at least fifteen per cent of salt in solution.

The Government, when it shall be deemed necessary, may provide that the royalty reserved by the mining act shall not be imposed or collected upon any ores mined, wrought or taken until after ten years from the date of the mining lease: and also the Lieutenant-Governor-in-Council may remit any royalty under special circumstances. V. EXEMPTION FROM TAXATION:

The municipal council of any county in the Province may, at a general meeting specially called, the expenses of which shall be paid by the applicants, exempt from taxation in whole or in part all the plant, machinery, works, buildings or improvements in connection with the operating or developing of mines and minerals for any period not exceeding twenty years.

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