The legal rate is six per cent. A contract may be made in writing for any rate not exceding seven per cent when the security is real property, or ten per cent when the security is personal property or personal responsibility. XI. JUDGMENTS:

Judgments to bind real property must be recorded in the registry of deeds of the county where the property is situate. A judgment binds personal property after levy under execution; and remains in force for twenty years. XII. LIENS:

Chapter 85 of the Revised Statutes of Nova Scotia makes provision for liens in favor of mechanics and others. A lien for the price of work done or material provided is created by filing the agreement as hereinafter mentioned. The agreement, together with a statement of claim, shall be filed in the registry office of the county where the land is situate not later than thirty days from the completion of the work, and such statement of claim must be verified by the affidavit of the party. If there is any dispute as to the claim, the matter must be litigated in the proper court; and the lien lapses unless the proceedings are taken.

XVII. TAXES:

Taxes are levied upon real and personal property by the Outside of the municipalities and collected by them. city of Halifax a tax is also levied on income. XVIII. WILLS:

Wills must be in writing, signed at the foot or end thereof by the testator, or somebody in his presence and by his direction, and such signature must be acknowledged by the testator in the presence of at least two These witnesses must witnesses present at the time. subscribe the will also in the presence of the testator and of each other. Executors are competent witnesses.

CORPORATIONS.

I. ORGANIZATION:

Corporations for mining purposes may be formed in Nova Scotia by a special act of the Legislature, or under the Joint Stock Companies' Act. Corporations created by special act may have in the act special provisions as to the organization and management of the corporation. Joint stock companies may be formed without the inissue of tervention of the Legislature, namely: by the letters patent under the provisions of the Joint Stock Companies' Act. The letters patent are issued by the Lieutenant-Governor-in-Council on the petition of not less than five persons. The applicants must first give one month's notice in the Royal Gazette, setting forth their own names and addresses, the name of the proposed company: the proposed place of business; the intended amount of capital, and the number of shares. The applicants then petition the Lieutenant-Governor, after due publication of

13

said notice, and after one-half of the proposed stock is taken up, and ten per cent of the aggregate paid in. Notice of the issuing of the letters patent is given to the Royal Gazette. Provision is made for changing the name of a company if necessary or desired. Supplementary letters patent may be granted in the same way as the original. II. POWERS:

A corporation, except when having special powers by act of incorporation, shall: sue and be sued in the corporate name, have a common seal, elect as it may deem proper all necessary officers, fixing their compensation and defining their duties; and shall make by-laws for its own government, the same not to be contrary to law or repugnant to the statute creating the corporation. The corporation may in its by-laws regulate the matter of meetings, quorums, modes of voting, tenure of offices, and the purchase, conveyance and sale of real and personal estate.

III. DIRECTORS:

The number of directors may be increased or decreased by by-law. The majority of the directors must reside in Nova Scotia. Provision is made for the election of officers, the inspection of the books of the company by shareholders and the regulation of the affairs of the company by the directors.

IV. LIABILITIES:

Un

Stock of companies is esteemed personal property. less there is provision to the contrary in the act of incorporation, every stockholder in a company shall be individually liable for the company's debts or obligations, but such liability shall not exceed the amount remaining unpaid upon the shares held by such stockholder.

In limited liability companies, the directors, unless otherwise exempted, shall be personally liable for any responsibility beyond the amount of stock subscribed incurred by them without the sanction of the company; but this provision does not extend to insurance companies.

The real estate of any company may be sold under execution in the same manner as personal estate.

Officers or members of a company may be sued in the Supreme Court in any matters in which they are liable. V. REPORTS:

Companies are required to file in the Provincial Secretary's office an abstract of their receipts and expenditures within the province, and a penalty is provided for their default.

VI. NON-USER AND DISSOLUTION:

All acts of incorporation, unless otherwise provided therein, shall expire unless the company goes into operation within three years; and this provision also applies to charters of companies organized other than by special act. The charter may be continued for three years for the purpose of winding up the business of the company; and in this event trustees may be appointed by the Supreme Court on application to wind up the business of the company.

I. MINE OFFICIALS:

MINING.

The Commissioner of Public Works and Mines has jurisdiction of all matters pertaining to mines and minerals. The office of the commissioner is situated at Halifax, and is open during the usual legal hours. There are deputy commissioners of mines in the several gold districts in the Province and these officials have within their respective gold districts the powers of a justice of the peace. There is also a Deputy Commissioner of Public Works and Mines for the Province; and likewise an Inspector of Mines, who shall be a competent practical mining engineer, whose duty it is to visit and inspect as may be necessary the various mines under lease from the Crown, to ascertain if the terms of the lease are carried out and the law respecting mines properly complied with, and that proper measures are taken for the safety and protection of the persons employed in said mines. There are also deputy inspectors who are similarly authorized and qualified. The statute prohibits all these officials from having any interest in mines or mining operations under a very severe penalty. The Lieutenant-Governor-in-Council is authorized to select a board of examiners to be composed of the inspector of mines and nine persons conversant with coal mines; three of them to be mining managers, three working miners and three mining engineers; which board examines and passes on the fitness of colliery officials. II. DISTRICTS AND AREAS:

[Gold and Silver.] The Lieutenant-Governor-in-Council on being satisfied of the discovery of these minerals may by proclamation declare the locality to be a gold district and may assign the boundaries of such district.

All mines of gold or of gold and silver shall be laid off in areas of two hundred and fifty feet in length true

III. LEASES:

IV.

LICENSES:

The Commissioner of Mines has power to issue licenses to search for gold and silver, to be called "prospecting licenses," which licenses may include any area not exceeding one hundred areas of class number 1 in extent; said licenses to be in force for twelve months. Before such a license is issued the applicant shall enter into a bond with sureties to recompense the proprietor of the soil in case of damage done to his lands.

No lessee or licensee is entitled to enter on any house, building, garden or grounds under cultivation except by consent of the occupier or special leave of the LieutenantGovernor-in-Council.

The commissioner has power to issue a license to any person or persons to use a mill or machinery for the reduction or concentration of quartz, or other gold, or gold and silver-bearing material, and for crushing, stamping and amalgamating these minerals. The party applying

for such license must give a bond in the sum of two thousand dollars to comply with the requirements of the law. He must keep a book or books of account to be supplied by the commissioner, and always open to his inspection, giving a distinct statement of all the work done at the mill. The licensed mill owner must pay in money the royalty of two per cent weekly or as often as the commissioner shall direct, and if he be in default he shall be liable in an action for the amount due for royalty. Every licensed mill owner must make monthly returns to the mines office, giving the particulars of the month's work. Any person engaged in crushing, etc., without a license is liable to a penalty of four hundred dollars for each offense. The license may be revoked if the books are fraudulently kept and the commissioner has power to revoke the license for any violation of the law.

V. ROYALTY:

Lessees of mines are required to make quarterly returns to the Mines Office, giving particulars of the labor performed, number of tons of quartz raised, how disposed of and the weight of the same, etc. licensees of each mine are liable for royalties on all The lessees or the mineral obtained from their mine in any other way than from quartz.

The act provides for an appeal from the judgment of the commissioner to a judge of the Supreme Court in cases of forfeiture and the judge may try the matter with a jury.

VII. LICENSES: [Other Minerals.] The Commissioner of Mines may grant. licenses to search, to be in force one months, entitling the holder to enter upon the land covered year and six thereby and seek and explore for minerals other than gold and silver; that is to say: for tin, lead, copper, coal, iron and precious stones, or any other minerals reserved by the Crown.

Application therefor must be accompanied by a fee of thirty dollars, and a bond must be given in the sum of eight hundred dollars to provide for damages to the occupier of lands covered by such license. Such license

to search may cover a tract not exceeding five square miles in extent and not exceeding two and a half miles in length. Licenses to search called second rights may be given over the same tract, and on the expiration of the first license, the second comes in force.

VIII. LEASES:

Leases of mines other than gold and silver may be granted in the same way as in the case of gold mines and shall be for a term of twenty years. respecting forfeiture are much the same as in the case The provisions of gold mines. Quarterly returns are required.

IX. ROYALTIES:

The royalty on coal is ten cents on every ton of two thousand two hundred and forty pounds sold or removed from the mine; on copper, four cents on every one per cent of copper contained in each ton of two thousand three hundred and fifty-two pounds sold or smelted; on lead, two cents on every one per cent of lead contained in each ton of two thousand two hundred and forty pounds of ore sold or smelted; on iron, five cents on every ton of two thousand two hundred and forty pounds of ore sold or smelted; and on tin, precious stones and other minerals, five per cent of their values. The Lieutenant-Governor-inCouncil has power to lower the rates of royalty on these minerals.

X. MINE REGULATIONS:

The Lieutenant-Governor-in-Council may make rules and regulations relative to the pumping, draining, ventilation and working of mines.

The Inspector of Mines has power to make enquiry into the condition of every mine as to all matters connected with the safety of the miners.

Every coal mine shall be under the supervision of a manager, whose name and address must be furnished to the commissioner. The underground workings shall be under the daily charge of a certificated underground manager. The certificates are granted by the board of examiners already mentioned.

In coal mines employees are to be paid semi-monthly. No wages shall be paid within any public house.

Miners who are paid according to the weight of the mineral, may have at their own cost a check-weigher, to whom the owners of the mine must offer every facility. The check-weigher may be removed for misbehavior or obstruction.

No boy under twelve years shall be employed in or about a mine; and no boy over that age unless he can read, write and understands the first four rules of arithmetic. The driver of an engine, windlass or gin shall not be under fourteen years of age.

Single shafts are prohibited unless there be communication with other shafts; but this provision does not apply to the opening of a new mine to search for minerals. or any working for the purpose of making communication between shafts, so long as not more than twenty persons are employed underground at any one time. A mine may be exempted from the provisions as to single shafts by leave of the commissioner, if it is not a coal mine or mine with inflammable gases therein; provided precautions are taken against other dangers.

When an accident occurs in any mine, the manager must within twenty-four hours make a report giving full particulars to the mines office.

XI. MINING COMPANIES:

Every incorporated company must file a copy of its charter or act of incorporation and by-laws or regulations in the mines office before commencing to work. Provision is made for filing and recording mortgages, bills of sale, judgments and other encumbrances in office of the Commissioner of Mines.

the

Foreign corporations that have obtained certificates authorizing them to do business in this State are not subject to attachment upon the ground of non-residence. IV. CLAIMS AGAINST ESTATES:

Any person having a claim against the estate must present it to the executor or administrator for allowance within one year after notice of administration has been published, or run the risk of insufficient assets. The affidavit to the claim should show that the claim is justly due the affiant, that no payments have been made and no offsets exist.

The executor or administrator must make final settlement within eighteen months, unless the court for good cause grant further time.

I. ALIENS:

COMMERCIAL LAW.

Aliens may transact business and inherit, transmit or sell property as completely as any citizen of the State

can do.

II. ASSIGNMENTS:

Assignments must be general for the equal benefit of all the creditors, by deed duly executed and filed in Probate Court, by assignee in ten days qualifying, executing and filing his bond: he must give notice by publication for three weeks. Creditors are required to present claims, verified, within six months. If claim is rejected, suit must be brought within sixty days. Assignments in contemplation of insolvency and to prefer one or more creditors inures to the benefit of all, and if made to hinder, delay, or defraud creditors may be declared void at the suit of any creditor, after which a trustee may be appointed to administer the property as a trust. Assignments do not include, unless expressed, property exempt. Taxes and wages for labor performed by any one for the assignor not exceeding three hundred dollars are preferred claims.

III. ATTACHMENTS:

In an action for the recovery of money, plaintiff may, at or after its commencement, have an attachment against defendant's property, when: 1. The defendant, or one of several, is a foreign corporation or non-resident of this State. 2. Has absconded with intent to defraud creditors. 3. Has left the county of his residence to avoid service of summons. 4. So conceals himself that a summons cannot be served upon him. 5. Is about to remove his property or a part thereof out of the jurisdiction of the court with intent to defraud creditors. 6. Is about to convert his property or a part thereof into money, for the purpose of placing it beyond the reach of his creditors. 7. Has property or rights in action which he conceals. Has assigned, removed or disposed of, or is about to assign, remove or dispose of his property with intent to defraud his creditors. 9. Has fraudulently or criminally contracted the debt, or incurred the obligation, for which suit has been brought or is about to be brought. But no attachment shall be granted on either clause of the first ground for any claim other than a debt or demand arising on contract, judgment or decree, or by causing death by wrongful or negligent act.

The clerk of the court in which action is brought shall issue the writ of attachment when there is filed in his office an affidavit showing: 1. The nature of plaintiff's claim. 2. That it is just. 3. The amount affiant believes the plaintiff ought to recover. 4. Some one of the grounds above stated. If the first ground be shown, attachment issues without an undertaking; in all other cases plaintiff must execute, with surety approved by the clerk, an undertaking in double the claim conditioned to pay all damages if writ wrongfully issues.

Sheriff:

.25

1.00

.12

Copy of same, release of mortgage. Plat, 6 lines or less...

.15

1.00

Plat, each additional line.

.50

A deed, mortgage, power of attorney, or lease for any term exceeding three years, of any estate or interest in real property, must be signed by the grantor, mortgagor or lessor, and such signing must be acknowledged in the presence of two attesting witnesses who have subscribed the attestation, before a judge of a court of record of this State, or a clerk thereof, a county auditor, county surveyor, mayor, or justice of the peace. Without this State, before a commissioner appointed by the Governor of Ohio, or a consul of the United States resident in a foreign country. The acknowledgment must be certified upon the same sheet of paper bearing the attestation clause, or part of it. Such instrument, executed and acknowledged in any other state or territory according to the laws thereof, is binding here without proof of the official character of the officer taking the acknowledgment. No separate acknowledgment of wife is required. Deeds must be recorded in the recorder's office of the county where the land lies, and until so recorded or filed for record are fraudulent as to purchasers in good faith without notice. Mortgages take effect from the time they are delivered for record. When a mortgage is foreclosed the lands must be ordered sold by the court. VIII. DEPOSITIONS:

Depositions may be used in the following cases: 1. When the witness does not reside in, or is absent, from the county where the action is rending and for trial. 2. When the witness is dead, or from infirmity, age or imprisonment is unable to attend court. 3. When the testimony is required upon a motion, or oral examination of the witness not required.

Depositions in this State may be taken before a judge or clerk of the Supreme, Circuit, or Common Pleas Court; a probate judge, justice of the peace, notary public, mayor, master commissioner, official stenographer of any court, or person empowered by special commission. A person taking depositions in this State to be used out of

it must derive his authority from the state, territory or district where the testimony is to be used. In every case the officer must not be an attorney or relative of either party, or interested in the suit. Written notice must be given the adverse party sufficient time before the taking to allow him enough time, exclusive of Sundays, day of service and one day for preparation, to travel to the place named for taking the same. Notice must specify the action, name of court where pending, time and place of taking, and if the testimony of a party is sought, that must be specified.

Real estate that came to an intestate by descent, devise or deed of gift, descends: 1. To the intestate's children. 2. To the relict for life. 3. To the brothers and sisters of the intestate of the blood of the ancestor from whom the estate came. 4. If the ancestor from whom the estate came be living, it ascends to him. 5. If the ancestor be dead it goes to his children, if any, if not, then to the widower or widow of such ancestor, if a parent of decedent, during life; on the death of such parent, or if there be none, the estate passes to the brothers and sisters of such parent; failing these, to the brothers and sisters of the half blood of the intestate, though not of the blood of the intestate from whom the estate came, and: 6. If there are none to take under the fifth rule, the estate passes to the next of kin of the intestate who are of the blood of the ancestor from whcm the estate came. All other property, real and personal (except on distribution, when the widower or widow is entitled to half the first four hundred dollars of personal property and one-third the remainder), descends as follows: 1. To the children. 2. To the husband or wife. 3./ Brothers and sisters of the whole blood. 4. Brothers and sisters of the half blood. 5. To the father, if living; if not, to the mother. 6. To next of kin of the blood of the intestate.

The lands of a decedent may all be sold if necessary to pay his debts, subject, however, to dower and homestead rights.

X. EMINENT DOMAIN:

No right of way shall be appropriated to the use of any corporation until full compensation therefor be made in money, or first secured by a deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation; which compensation shall be ascertained by a jury of twelve men, in a court of record, as shall be prescribed by law. If the corporation be unable to agree with the owner, his guardian or trustee as to the value of the property sought to be appropriated, or as to the compensation to be paid; or when the owner is incapable of contracting in person or by agent, and has no guardian or trustee, or is unknown, or whose residence is beyond the State or unknown, it may file its petition, verified, with the Probate judge, averring the matters required by statute in the county where the land is situate. If some of the tracts sought to be appropriated are situate in one county and some in another, proceedings may be commenced in either; they are thence prosecuted in substantially the same manner as a civil action, including the drawing and impanelling of the jury. New trials may be granted for cause, and either party may prosecute error, but there is no appeal.

A mine owner who has not sufficient surface for the necessary air shafts is authorized by statute to appropriate enough adjacent land for that purpose.

XI. EXECUTIONS:

Executions from a justice's docket can only be levied upon personal property. The debtor, by entering into an undertaking with sufficient surety to the creditor within ten days after the rendition, may have a stay of execution on the judgment, as follows: For five dollars and under, sixty days; five dollars to twenty dollars, ninety days; twenty dollars to fifty dollars, one hundred and fifty days: fifty dollars and upward, two hundred and forty days. Judgments by the Court of Common Pleas are not stayed. Execution must be levied upon personal property, if any found; if not, then upon real estate of the debtor. Execution may issue to any county in the State. Lands levied upon must be appraised by three disinterested freeholders of the county where situated. Appraisers, on actual view of the premises, after being sworn by the officer, must return an estimate of the real value of the lands in money: the premises shall then be advertised for thirty days, and offered for sale, but cannot be sold for less than two-thirds of the appraised value. If the lands sell, the judgment debtor may release them by paying into court before confirmation the amount of the judgment, interest and costs, including poundage, which ends all further proceedings. Lands, after sale and confirmation, cannot be redeemed.

that such wages are necessary for the family support. These special exemptions may amount in value to three hundred dollars. Husband and wife living together, a widow or widower living with an unmarried daughter, or unmarried minor son, may hold exempt a family homestead of one thousand dollars in value, or, if not the owner of a homestead, other real or personal property of the value of five hundred dollars.

XIII. INTEREST:

When no rate is named, interest is computed at six per centum per annum. Parties may contract for any rate not exceeding eight per cent. If payments of usurious interest be made, the excess above legal interest, six per cent, is applied to paying the principal. If a higher rate than eight per cent be stipulated, but six per cent can be collected. A bona fide purchaser, without notice of negotiable paper before due, is not affected by usury exacted by a previous holder. A note made in any state at a rate lawful there may be enforced here.

XIV. JUDGMENTS:

The judgment of a Court of Common Pleas is a lien upon the debtor's real estate within the county from the first day of the term in which it was rendered. Judgments by confession and judgments rendered in the term at which suit is commenced are liens from the day of rendition. Under all other judgments lands and property are bound only from the time of seizure. Judgments become dormant if no execution be issued in five years next after they are entered; to keep the lien alive execution must be levied within five years, and within each succeeding five years. Dormant judgments may be revived within twenty years. Transcripts of justices' judgments may be filed with the clerk of Common Pleas of the county where rendered, and if filed in vacation the lien attaches. as to other lien holders, from the first day of the next term; if filed in term the lien attaches at the date of filing. Equities of the judgment debtor may be subjected by a creditor's bill, or a proceeding in aid of execution. XV. LIENS:

A person who performs labor, or furnishes material or machinery for constructing, altering or repairing a boat, vessel or other water craft, or for erecting, altering, repairing or moving a house, mill, manufactory, or any furnace or furnace material therein, or other building appurtenace or structure, or for the digging, drilling, plumbing, boring, operating, completing or repairing of any gas well, oil well or any other well, or performs labor of any kind whatsoever, in altering, repairing or constructing any oil-derrick, oil-tank, oil or gas pipe-line, or furnishes tile for drainage of any lot or land by virtue of a contract with, or at the instance of the owner thereof, or his agent, trustee, contractor or sub-contractor, shall have a lien to secure payment for the same upon such boat, vessel or other water craft, or upon such house, mill, manufactory or other building or appurtenance, fixture, bridge. or other structure; or upon such gas-well, oil-well, or any other well; or upon such oil-derrick, oil-tank, oil or gaspipe line, and upon the material and machinery so furnished, and upon the interest, leasehold or otherwise, of the owner in the lot or land on which the same may stand, or to which it may be removed.

in

When liens are obtained on the same property by persons performing labor, or furnishing material or machinery, and by the original contractor, the lien of such contractor shall be postponed to the liens of the persons performing the labor, or furnishing machinery or material. The latter shall have no priority among theinselves, and their respective liens shall not exceed, gross, the contract price between the owner and the principal contractor, unless such owner and contractor have fraudulently colluded to fix an unreasonably low contract price: in such case the court will ascertain the difference between such fraudulent contract price and the real worth, or fair and reasonable price, and the lien shall be to the extent of such fair and reasonable price.

Liens must be perfected in four months from perform ing the labor, or furnishing the material, by filing with the county recorder of the county where the property O improvement is situated the itemized statement and a fi davit required by the statute, on which all credits mus be stated and the amount due shown.

XVII. MARRIED WOMEN:

Excepting the right to vote and hold office, other tha school director, a married woman has all the civil right and privileges enjoyed by her husband. She may tak hold and dispose of real or personal property as she coul if unmarried. She may sue and be sued, contract and contracted with, to the same extent as others. She entitled to all the benefits of heads of families. Neithe

husband nor wife has any interest in the property of the other, except the wife to her support by her husband, if he be able; if not, she must support herself, and, if able, her husband also. Widower or widow who has not relinquished or been barred of same, is entitled to be endowed for life in one-third of the real estate of the deceased consort. Judgment may be rendered against the wife and execution levied upon her property, as if single. Curtesy is abolished.

XVIII. MORTGAGES:

A chattel mortgage is void against third parties unless the same, or a copy thereof, be deposited with the clerk of the township where the mortgagor resides, if a resident of the State; or if a non-resident, of the township where the mortgaged property is situated. When the mortgagor is a non-resident of the State, or is a resident of the township where the office of the county recorder is kept, the mortgage shall be filed with the recorder. The mortgagee, his agent or attorney, shall, before filing, state on the instrument, under oath, the amount of the claim, that it is just and unpaid; or if given to indemnify the mortgagee as surety, such sworn statement must truly show the extent of the liability, and that the mortgage was taken in good faith to indemnify the mortgagee against loss by reason of his suretyship. Within thirty days before the expiration of one year from its date, the mortgage, or a copy thereof, and sworn statement must be made and filed. (See "VII. Deeds.")

XIX. NOTES AND BILLS:

Notes and bills made payable to the order of any person are negotiable by endorsement; if payable to bearer, by delivery, transferring thus the title absolutely. If payable on a day certain, are entitled to three days' grace. Negotiable instruments given for a patent right must have the words "Given for a patent right" printed across the face and over the signature, and in any hands such paper is subject to all the defenses existing against the original owner.

XX. SUITS:

There is but one form of action, called a civil action, prosecuted by the real party in interest, except administrators, trustees, etc. Actions for money may be tried by a jury, or a jury may be waived. Generally, service is by summons.

XXI. TAXES:

All property, real and personal, in this State, belonging to individuals or corporations, including all moneys, credits, investments in bonds, stocks or otherwise, of persons residing in this State, are subject to taxation. Tax lien attaches on the day preceding the second Monday in April of each year. Taxes are payable from October 1st to December 20th, but half may be paid then, and half between April 1st and June 20th following. If an installment be not paid when due, a penalty of fifteen per cent is added. On failing to pay three semi-annual payments the land becomes delinquent, and is sold by the treasurer. Owner can redeem in two years by paying the amount for which the land was sold, all taxes and interest and a penalty of fifteen per cent if redeemed within one year, and twenty-five per cent if within two years. XXII. WAGES:

The personal earnings of a person who is the head of a family, for services rendered within three months before the commencement of the action, if brought before a justice of the peace, cannot be attached.

Actions for wages are first in order of trial by the Court of Common Pleas. Every administrator must pay all wages earned by laborers within twelve months preceding the death of the party for whom such labor was performed, in full, not exceeding one hundred and fifty dollars, before paying the general creditors. Assignees in insolvency must, in like manner pay laborers and operatives any amount due for wages earned in twelve months preceding the assignment, not exceeding three hundred dollars.

Laborers and employes at any manual service have a lien upon the real property of their employers for their wages, superior to other liens taken or attaching during the existence of such unpaid labor claims, and superior to all claims of homestead and cther exemptions, except property exempt from execution. But to secure this lien, such employe must within thirty days from the expiration of three months after performing any portion of said labor file with the recorder of the county a verified itemized statement of the kind and value of the labor performed within such period, with all credits and offsets, and the amount then due him., This statement, when recorded, becomes a lien on all the employer's real estate, by statutory provision. In all cases where property of an employer is placed in the hands of an assignee, receiver or trustee, claims due for labor performed within three months prior to the time such assignee, receiver or trustee is appointed must first be paid out of the trust fund in preference to all other claims, except taxes and costs of administering the trust.

Miners' earnings must in general be paid twice a month,

at the place where the labor was performed, and such payment must comprise all the wages earned to within ten days of the time of payment, but the employer may retain at each payment whatever amount the employe may direct from his or her wages for rent, powder, tools, tool sharpening or oil, due said employer. Paying wages in scrip, or compelling the employee to buy goods at the employer's store may in either case be punished as a misdemeanor.

XXIII. WILLS:

Any person of full age, sound mind, and not under restraint, may make a will, disposing of any property, real or personal, belonging to the testator. If any testator leave issue of the body or adopted child, any bequest or devise to an educational, religious or charitable purpose, or to any state or municipal corporation, or in trust for such purpose, is invalid, unless such will shall have been executed at least one year prior to the death of the testator. All wills, except nuncupative, must be in writing and signed at the end thereof by the party making the same, or by other person in his presence, by his express direction, and be attested and subscribed in the presence of one or more competent witnesses who saw the testator subscribe, or heard him acknowledge the

same.

No will is effectual to pass real or personal estate until it has been duly admitted to probate, and no devisee shall take his devise if, knowing the existence of the will and having the power to compel its production, he fail for three years to produce, or cause its production for probate and record. The rule in "Shelley's Case," as to wills, is abrogated.

CORPORATIONS.

I. CONSTITUTIONAL PROVISIONS:

Corporations can only be formed under general laws. Each stockholder in a corporation for profit is liable to creditors for any amount of unpaid stock, and for an additional amount equal to the stock subscribed. This liability can only be enforced equally among solvent stockholders. Each stockholder is entitled to one vote for each share of his stock, unless it be provided in the certificate of incorporation that he shall be entitled to but one vote irrespective of the amount of stock he may own. Corporations for profit may be formed for the transaction of any lawful business, for which individuals may associate themselves to do. But articles of incorporation for the purposes of buying and selling real estate shall expire in twenty-five years.

II. ORGANIZATION:

A corporation for profit may be formed by five or more natural persons, a majority of them being citizens of Ohio. They must subscribe and acknowledge before any officer competent to take the acknowledgment of deeds, articles of incorporation, which must contain: 1. The corporate name, beginning with the word "The" and ending with the word "Company." 2. The place where it is to be located or its principal business to be transacted. 3. The purpose for which it is formed. 4. The amount of the capital stock and the number of shares into which it is divided.

When the organization is for the purpose of constructing an improvement not to be located at a single place, the articles must set forth: 1. The kind of improvement intended to be constructed. 2. The termini of the improvement and the counties in or through which it or its branches shall pass.

The articles of incorporation are filed with the Secretary of State for record, and copies thereof duly certified are prima facie evidence of the existence of the corporation. The filing of the articles constitutes the persons named therein a body corporate with the usual powers. As soon as ten per cent of the capital is subscribed the subscribers shall certify that fact to the Secretary of State in writing and call a meeting of the stockholders for the election of directors, giving thirty days' notice in a newspaper of general circulation, or published in the county or counties where books of subscription are to be opened. The number of directors must not be less than five nor more than seven, and when elected continue in office until the next annual election, or their successors are chosen and qualified. Notice of such meeting may be waived in writing if all the subscribers are present in person or proxy. All directors and executive officers must be stockholders and a majority of them residents of the State of Ohio. The foregoing is a brief outline of the method of corporate organization. (Volume I, Revised Statutes Ohio, Sections 3232 to 3247 inclusive.) III. POWERS: