entire time is required at a salary of $3,000 per annum, and by consent of the governor may have a deputy at a salary of $1,200, and the professor of the school of mines at Golden as assistant, at a salary of $700, whose duty it shall be to perform the most difficult duties of the commissioner and his deputy. Section fourteen limits the contingent expenses to $2,300, and requires salaries to be paid monthly. Sections fifteen and sixteen, repeal prior inconsistent acts, and require the property of the state in the hands of territorial assayers to be turned over to the commissioner.2

1 This officer is required by section 1 of Art. xvi, Constitution, to be appointed by the Governor, by and with the advice and consent of the Senate.

2 Ch. xv. Gen. Laws, p. 126. Approved April 13, 1877.

§ 258. Mining companies.1-Section ninety-three of the act provides that such companies may be formed with power to do all things necessary to carry into effect the objects for which they were formed, as set forth in their certificates of organization. The certificate of organization is required to state whether the stock is assessable or not, and the certificates of stock are to have printed on the face "assessable" or " non-assessable," as the case may be. Section ninety-four permits the issuing of paid-up stock for working capital, to be non-assessable until other stock has been assessed to par value. But for no other purpose can a company issue stock both assessable and non-assessable. It may be either. Section ninety-five provides that assessable stock may only be assessed to the amount of 5 per cent. of its par value. and not oftener than once in three months; and such assessment can only be authorized by a stockholders' meeting, and by those representing a majority of the stock, of which meeting there shall be published notice, four weeks in a weekly newspaper where the operations

of the company are carried on, and thirty days in a daily paper at the principal place of business, with personal notice or mailing notice to each stockholder. No assessment payable within thirty days from the date the same is ordered by the board of directors. Section ninety-six provides for interest on assessments over fifteen days due, and the sale of delinquent shares on ten days' advertisement, and personal notice as provided in section ninetyfive. But no fraction of a share can be sold, nor shall shares be sold to meet such delinquency within sixty days of the date of assessment. Section ninety-seven provides that the number of directors shall not be less than three, nor more than nine, who, except for the first year, shall be annually elected. The meeting for that purpose shall be noticed by ten days' publication, or by personal notice, served or mailed. A majority of the stock must be represented, and the election shall be by ballot. Section ninety-eight provides that ore-reducing, mining or tunneling companies may be consolidated under one organization.2

1 Ch. xix. "Corporations." 2 Gen. Laws, p. 174.

§ 259. Costs in adverse suits.1-By "An Act concerning costs in certain cases?" it is provided that where the plaintiff in an adverse suit prevails, he shall recover, in addition to costs of suit, his necessary disbursements and a reasonable counsel's fee, not exceeding fifty dollars, for the expense of preparing his adverse claim.3

1 Ch. xx.

2 Sess. Laws, 1876.

3 Gen. Laws, p. 195.

§ 260. Liens.1-By an act to secure liens to mechanics and others, it is provided in Section three that all me

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chanics and laborers who perform work or labor, or furnish materials to the amount of $25 or more for construct ing or repairing any * water-ditch, flume, aqueduct, or reservoir, shall have a lien on such water-ditch, flume, aqueduct, or reservoir for the amount and value of the work performed or materials furnished, by filing in the recorder's office, within forty days after the completion of the work, a statement containing a notice of intention to hold the lien, a description of the property, and an abstract of the indebtedness, as required by Section two, respecting liens on other superstructures. And if the lien is claimed by others than a contractor or material man, such notice and statement are required to be filed within twenty days, and a copy of the statement is to be served upon the owners or their agents. It is also provided that where personal service of such notice cannot be had, the owners may be notified through the post-office. By Section four of the act, the provisions of the preceding sections are rendered available to "all miners, laborers, and others who work or labor to the amount of $25 or more in or upon any mine, lode, or deposit," and also for those who furnish materials for such work; Provided, that two or more lodes, worked through the same opening, shall be considered one mine, and that the law shall not apply to mines worked under a lease. Section six provides that the lien in favor of sub-contractors, material men, and workmen shall cover the property upon which the work was done, or for which materials were furnished, and authorizes their payment by the owners on service of copy of the statement, and in case of failure to pay by the owners, gives the sub-contractors, etc., a right of action against the owners. The same section forbids payments in anticipation of liens, declares a forfeiture of rights for making excessive and fraudulent claims, and attachments of money due the contractor,

pending the proceedings to enforce a lien. By Section seven the mechanic's or miner's lien is given priority over all mortgages and other liens unrecorded at the commencement of the work. By Section eight the lienor is required to commence an action to enforce the lien within six months. Section nine prescribes the manner of enforcing the lien in a court of competent jurisdiction by petition and summons as in chancery suits, publication of notice for three weeks in a newspaper, or by posting where there is no newspaper in the county, to bring in all parties holding or claiming liens. All parties not appearing in response to the notice will be deemed to have waived their liens. Judgment may be rendered on all claims brought in, and the property sold to satisfy the Judgment in favor of the lienors. Sections ten and eleven merely preserve the rights of action parties would have independent of the lien law, and require the entry of satisfaction on payment of debt and costs, under a penalty of $20 a day for refusal to make the entry on request of the party paying. By Section twelve it is provided that assignees, being creditors of the same class as the assignors, may claim and hold and enforce their liens for the amount of their own and assigned claims. By an act amending the foregoing it is provided, in Section one, that subcontractors, etc., may give notice to the owners of an intention to perform work or furnish materials of an estimated amount, before beginning, with like effect as though given at the completion of the work, or furnishing materials upon having the same recorded; or he may give such notice and have it recorded after the beginning of the work. But by Section two the filing of statement is still required; the notice before completion is optional with the lienor. By Section three the requisite notices must be recorded. By Section four notices may be served upon agents where the owners are non-residents,

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and in the absence of such agents, by posting on the property. By Section five the contractors and all parties interested in the property are to be made parties defendant; also requiring the publication of notice, as in Section 9 of the act of 1872.5 Section six provides that the lien or liens, singly or in the aggregate, of sub-contractors, etc., shall not exceed the amount due the original contractor. Section seven provides that where notice is given according to Section 1, and the work or materials are not done or furnished, or are paid for, satisfaction or a withdrawal of the notice shall be entered on the record within five days after notice from the owner, or for failure forfeit $20; for the first refusal, $50; and for each subsequent refusal, $100.6 By a still later act, most of the provisions of the foregoing statutes are re-enacted, and the acts themselves expressly repealed with a saving clause of all rights and remedies which accrued under the repealed statutes, and all suits and proceedings pending at the time of repeal. The most important changes are the forms of notices in Section two; the requirement that sub-contractors, material men, and laborers (miners) shall serve the notice on owners or post the statement before five o'clock p. m. of the Saturday following completion of the work, giving forms to be substantially followed for material men, sub-contractors, and mechanics or laborers, respectively. By Section five the "notice of claim" may be filed by sub-contractors, etc., at any time within forty days after work done or materials furnished, giving the form of such notice. By Section ten it is provided that if any contractor or sub-contractor deny the validity of any claim stated, he may bring an action in a court of competent jurisdiction making the owners and lienors parties defendant, in which suit the rights of the parties may be adjudicated; or the lienors may, in their action to enforce the lien, make the contractor or