Gambar halaman
PDF
ePub
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors]

LICENSE is a paper permitting a proper person, or persons, to sell certain merchandise, or transact other lawful and specific business with the public, within certain prescribed¦ districts, on payment of a special tax or premium for such privilege.

Licenses may be issued, respectively, by national, State, county, or municipal governments, or by others in authority.

Licenses cover an indefinite number of objects, trades and professions, and are regulated by statutes and ordinances, providing restrictions and inflicting penalties for misrepresentations and other fraudulent practices.

Licenses are liable to be recalled, or annulled, by the parties who issue them, whether of a public or private nature, either by agreement at a particular date, or on account of some violation of good faith on the part of the licensed person.

A license may exist if only framed in words, without a writing, but in such a case it should only be uttered in the presence of competent wit

nesses.

The following are the forms of license, issued by the municipal authority, and are good general forms for use anywhere:

[blocks in formation]

On the back of this license is printed the following:
LICENSE NO 872.

TO PEDDLERS:-Your attention is directed to the following section from the ordinance relating to peddlers:

SECTION 5.-Any person who shall exercise the vocation of peddler, by means of a wagon, cart or other vehicle, shall cause his name, together with the number of his license, to be painted on the outside of his vehicle, the letters and figures not less than one inch in length. Any violation of this section shall subject the offender to a fine of not less than Five Dollars, and not more than Fifty Dollars.

Licenses for other purposes, including taverns, saloons, etc., may be issued by the presidents and common councils of villages, supervisors of towns, or mayors and aldermen of cities, in States where such governments are permitted by the State and municipal laws, to license such business, within their limits.

Druggist's License from the Government to Retail Ardent Spirits. $25.00. Series of 1881. No. 2071654. United States stamp for special tax. Internal revenue. Received from George T. Meriton the sum of Twenty- five Dollars, for special tax on the business of retail liquor dealer, to be carried on at Freeport, State of Pennsylvania, for the periods represented by the coupon or coupons hereto attached. Dated at Philadelphia, 23 April, 1881. THOMAS B. SMITH, Collector 1st Dist., State of Pennsylvania. Severe penalties are imposed for neglect or refusal to place and keep this stamp conspicuously in your establishment or place of business.

U. S. REV. SEAL.

[blocks in formation]
[merged small][ocr errors][merged small][ocr errors][merged small]

IEN-LAWS establish a right to retain possession of personal property until the payment is made for services in respect to it. A lien is lost by the voluntary surrender of the property to the owner or his agent.

There is no common law lien without possession. It is a right created by law in favor of the tavern-keepers, livery - men, pasturers, carriers and mechanics. It may be created by contract between the parties, as in a lease.

Whatever is affixed to land belongs to the owner of the land, except in a few cases. Hence, carpenters who built houses on the land of others had no lien. But as the principle is just, and the practice beneficial, States have, by law, given builders and persons who furnish material a lien on the land and building, if claimed within. a limited time. Under this kind of mechanics' lien, no possession is required. The right to pay the charge and take the property is a right of redemption which is lost by a public sale of the property. The surplus, if any, is paid to the

owner.

Liens by State law are generally foreclosed in a

Notice to the County Clerk.

To Philip Best, clerk of the city and county of New York, in the State of New York:

SIR: Please to take notice that I, James Van Horn, residing at No. 45 Conkling avenue, in the city of New York, in said county, have a claim against William Y. Heath, owner (or only contractor, as the case may be) of a new two-story brick dwelling-house, amounting to Nineteen Hundred and Sixty-two Dollars and forty cents, now due to me, and that the claim is made for and on account of brick furnished and labor done before the whole work on said building was completed, and which labor and materials were done and furnished within three months of the date of this notice; and that such work and brick were done and furnished in pursuance of a contract for twenty thousand serviceable brick and the mason work of putting up the outer walls of said new building, between the undersigned and the said William Y. Heath, which building is situated on lot in block in Wetsel's addition to the city of New York, on the west side of Salina avenue, and is known as No. 432 of said avenne. The following is a diagram of said premises. [Insert diagram.]

And that I have and claim a lien upon said dwelling-house and the appurtenances and lot on which the same stands, pursuant to the provisions of an act of the legislature of the State of New York, entitled "An act to secure the payment of mechanics,

court, upon a petition for that purpose. By its decree the property is sold and the proceeds divided according to the rights of the parties.

Liens may, in certain States, be enforced against vessels and wharves as well as buildings, for construction, alteration or repairs. In most States, while the same general principle is maintained, the modes of procedure vary.

A workman desiring the protection of the law for the security of his wages, may draw up a paper, addressed to the county clerk of the county where the work was done, filled up in a manner similar to the following form, setting forth all the circumstances of the work done, his bargain with the contractor, the failure to receive his pay and his fears that he will lose all if his lien is not made. This paper, sworn to before a justice or notary public, as true, is filed in the county clerk's office and becomes a cloud upon the building, which the owner is only too glad, frequently, to remove by paying the debt himself and taking it out of the contractor's bill. In either event the owner or contractor must pay the debt if it is an honest one.

[blocks in formation]

The lien-laws of certain States provide that any person who shall either labor himself, or furnish laborers or materials for constructing, altering, or repairing any building, shall have a lien therefor upon such building and the specific lot or tract of land on which it is located; but a suit to enforce the payment of said claim must begin within six months from the time the last payment therefor is due. Landlords, also, may enforce a lien for arrears of rent, upon all crops of their tenants, whether growing or matured.

228

HOW TO PROSPECT AND OBTAIN MINING CLAIMS.

MINING AND MINERS' FORMS.

'HE PERSON who proposes to visit a mining region with a view to prospecting, discovering, and extracting from the earth precious metals, should first study the geography of the country in which he expects to operate.

Second, he should read all available matter relating to the region and the subject of mining.

Third, he should, if possible, make the acquaintance of those who have traveled in that portion of the country, and thus avail himself of their experience.

Fourth, he should then proceed to a "School of Mines," one or more of which may usually be found in the immediate vicinity of all rich mining regions, and there spend a few days or weeks in receiving instruction from competent instructors as to the means by which rich ores may be known when found, methods of testing ores, processes of reduction, assaying, smelting, taking out of ore, and much other useful information which will be of service to the prospector. Experience has shown that a company of

[blocks in formation]

three, each provided with a mule or small horse, if this convenience can be afforded, make the number best calculated to prospect together, especially in the mountainous regions of America, the advantage of this number being that while one cares for baggage, mules, washing, cooking, etc., the others are free to engage in exploration.

Having found, outside of property owned by anybody else, evidence of mineral in such quantity and richness as to make it desirable to locate a claim, the miner will proceed to stake off the amount of land to which he is entitled by law, on each side of the nearest place where he intends to sink an opening into the earth in search of ore.

The law of most of the mining regions in the Rocky Mountains permits the miner to claim 750 feet in each direction from the discovery shaft in the line that the vein of ore is supposed to run, and 150 feet on each side, so that when the claim is staked off it will be in shape as follows:

1,500 FEET LONG.

300 feet

wide.

The law of different mining localities is liable to change, however, so that it may be necessary for the miner to provide himself with the various pocket manuals containing the law of his locality in order to know how much land he is actually entitled to claim, as the law frequently differs in different portions of a State.

A prospector, holding a discovery claim, is allowed sixty days in which to sink his discovery shaft the distance of ten feet. At the place where the discovery of a vein has been made, it is customary to post a notice in substance as follows:

[blocks in formation]

This notice is not a necessity, but simply a warning to other prospectors that the vein is to be claimed. The sixty days begin when the vein is discovered, and cannot be extended beyond that number.

Having sunk his discovery shaft to a depth of ten feet, the miner should, if possible, procure the services of a surveyor, who will make a competent and lawful survey. But even without a surveyor the claim, if definitely marked off by stakes driven into the ground, or supported by a pile of stone around each, will be sufficiently well defined to enable a record to be made of the same.

Having sunk a discovery shaft, and having an accurate description by a surveyor or otherwise, the next step is to have a record made of the same in the recorder's office of that county as follows:

Certificate of Mining Location.

KNOW ALL MEN BY THESE PRESENTS, That we, Franklin Allen, Walter B. Smith and John Johnson, of the county of Clear Creek, State of Colorado, claim by right of discovery and location fifteen hundred feet linear and horizontal measurement, on the Coming Day lode, along the vein thereof, with all its dips, variations and angles; together with one hundred and fifty feet in width on each side of the

LABOR AND FORMS NECESSARY TO SECURE MINING PROPERTY.

229

middle of said vein at the surface; and all veins, lodes, ledges, deposits and surface ground within the lines of said claim; seven hundred and fifty feet on said lode, running east fifteen degrees north from the center of the discovery shaft, and seven hundred and fifty feet running west fifteen degrees south from said center of discovery shaft.

Said claim is on the eastern slope of Democrat mountain, in Griffith mining district, county of Clear Creek, State of Colorado, and is bounded and described as follows: Beginning at corner No. 1, from which deep shaft on Famine lode bears west three degrees, south 180 feet, and chiseled on prominent ledge of rock, bears east twenty degrees, north 290 feet, and running thence west fifteen degrees, north 750 feet to east center stake, thence same course 750 feet to corner No. 2; thence (etc., going all around the claim in the same manner). Discovery shaft bears west forty-nine degrees, north 100 feet from corner No. 1 of survey lot No. 777.

Said lode was discovered on the 6th day of May, 1882. Date of location, July 15, 1882. Date of this certificate, August 6, 1882.

[blocks in formation]

Before me, the subscriber, personally appeared Franklin Allen, Walter B. Smith, and John Johnson, who, being duly sworn, say that at least one hundred dollars' worth of labor or improvement was done or made upon the Coming-Day lode, situate on Democrat mountain, in the Griffith mining district, county of Clear Creek, State of Colorado. Said expenditure was made by or at the expense of Frederick Allen, Walter B. Smith and John Johnson, principal owners of said claim, for the purpose of holding said claim for the annual period expiring on the thirtieth day of June, A. D. 1881.

[blocks in formation]

upon Democrat mountain, in the Griffith mining district, county of Clear Creek, and State of Colorado, of which the location certificate is found on record in book 35, page 301, in the office of the recorder of said county, in order to hold said claim under the provisions of sections 2,324 of the Revised Statutes of the United States, and the amendments thereto approved January 22, 1880, concerning annual labor upon mining claims, being the amount required to hold said lode for the period ending on May 6, A. D. 1882. And if, within ninety days from the service of this notice (or, within ninety days after this notice by publication) you fail or refuse to contribute your proportion of such expenditure as a co-owner, your interest in the claim will become the property of the subscribers by the terms of said section.

FRANKLIN ALLEN, WALTER B. SMITH.

The forfeiture notice being personally served upon the delinquent co-owner, and he paying no attention to the same, the forfeiture is considered complete at the expiration of ninety days from the time the notice was served.

In the meantime Franklin Allen and Walter B. Smith having hired Granville Smith and Philip H. Cooper to perform the assessment work, and, neglecting to pay them for their services, said workmen file a lien against the Coming-Day mining claim, which reads as follows,Twenty-five Dollars being the lowest amount for which a lien can be allowed, which claim must be made within six months from the time the labor was performed.

Notice of Miners' Lien for Labor.

GRIFFITH MINING DISTRICT, Clear Creek County,

Colorado, September 6, 1882.

[blocks in formation]

How to Secure a Mine From Government. The foregoing claim for miners' lien having been paid, and the owners being desirous of securing absolute ownership of the land and mine from government, now observe the following directions from the United States statutes relating to mining and mining claims.

Section 2,325.-Any person, association or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field-notes of the claim or 'claims in common, made by or under the direction of the United States Surveyor-General, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land office, upon the filing of such application, plat, field-notes and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper

230

FORMS FOR LEASING, RELOCATING AND SELLING MINES.

to be by him designated as published nearest to such claim; and he shall also post such notice in his office for the same period. The claimant at the time of flling this application, or at any time thereafter, within the sixty days of publication, shail file with the register a certineate of the United States Surveyor-General thatFive Hundred Dollars' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim and furnish an accurate description, to be incorporated in the patent. At the expiration of the sixty days of publication, the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim by other parties, shail have been filed with the register and the receiver

of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of Five Dollars per acre, and that no adverse claim exists: and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter: Provided, that where the claimant for a patent is not a resident of or within the land district wherein the vein, lode, ledze or deposit, sought to be patented is located, the application for

patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her or its authorized agent, where said agent is conversant with the facts sought to be established by said affidavits.

Afterward for a time the owners lease the mine, the following being the form of paper drawn for that purpose:

Form of Lease of a Mine.

THIS INDENTURE, made this first day of July, in the year of our Lord one thousand eight hundred and eighty-three, between Franklin Allen and Walter B. Smith, of the county of Clear Creek, and State of Colorado, lessors, and Nestor P. Robbins, of the same place, lessee: WITNESSETH, that the said lessors, for and in consideration of the rents, royalties, covenants and agreements hereinafter mentioned, reserved and contained, and by the said lessee, his executors, administrators, and assigns, to be paid, kept and performed, do lease and convey to said lessee, his heirs, executors, administrators, and assigns, the right of entering in upon the following lands, situated (here insert the description of the mining claim, as set forth in the precious form of ↔ Certificate of Mining Location,") for the purpose of searching for mineral and fossil substances, and of conducting mining and quarrying to any extent that he may deem advisable; for the term of two years from the first day of July, A. D. 1883, (but not to hold possession of any part of said lands for any other purpose whatsoever), paying for the site of buildings (or designate any specific works or machinery) necessary thereto, a reasonable

rent.

And the said lessee hereby agrees that he, his heirs, executors, administrators or assigns, will pay or cause to be paid to the said lessors, their heirs or assigns, as follows: Two Thousand Dollars semi-annually, on each first day of January and July of each year during the continuance of this lease, at the First National Bank of Denver, at the city of Denver, in the State of Colorado.

And the said lessee covenants that no damage shall be done to or upon said lands and premises, other than may be necessary in conducting his said mining and quarrying operations.

And the lessors and the lessee, each for themselves, their heirs, executors, administrators, and assigns, covenant and agree, and this indenture is made with this express proviso, that if no mineral or fossil substance be mined or quarried, as now contemplated by said parties, within the period of one year from and after the first day of July, A. D. 1883, then these presents, and everything contained herein, shall cease and be forever null and void.

In witness whereof the lessors and lessee have hereunto set their hands and seals the day and year first above written. Executed in pres

ence of

CHARLES DANE.

FRANKLIN ALLEN, -(SEAL)WALTER B. SMITH, -(SEAL)NESTOR P. ROBBINS. (SEAL)

These parties also arrange with Peter Conant and Simon D. Thompson to prospect for them, making with them the following agreement:

Form of Agreement for Prospecting.

In consideration of provisions advanced to us by Franklin Allen aud Walter B. Smith, and of their agreement to supply us from time to time, as we may reasonably demand them, with tools, food

[ocr errors]

and mining outfit generally, and the sum of One Hundred Dollars in hand paid, we agree to prospect for lodes and deposits in the county of Boulder, and State of Colorado, and to locate all discoveries which we may consider worth the expenditure, and record the same in the joint names of said outfitters and ourselves, and in our names only as equal owners. Our time and labor shall stand against money, provisions, etc., as aforesaid. All expenses of survey and record shall be paid by the outfitters, and we agree to make no debts on account of this agreement. Work done on claim after record and before the expiration of this contract, shall be considered as done under this contract, and no charge for labor or time shall be made for the same. This contract shall stand good during the whole of the summer and fall of 1883, and during all that period we will not work or prospect on our own account, or for parties other than said

[blocks in formation]

KNOW ALL MEN BY THESE PRESENTS, that we, Franklin Allen, Walter B. Smith, Peter Conant and Simon D. Thompson, of the town of Boulder, in the county of Boulder, and State of Colorado, claim, by right of relocation, fifteen hundred feet, linear and horizontal measurement, on the Tennessee lode, along the vein thereof, with all its dips, variations and angles; together with seventy-five feet in width on each side of the middle of said vein at the surface; and all veins, lodes, ledges and surface-ground within the lines of said claim; seven hundred and fifty feet on said lode running west, ten degrees north from the center of the discovery shaft, and seven hundred and fifty feet running east, ten degrees south from said center of discovery shaft; said discovery shaft being situate upon said lode, within the lines of said claim, in Merton mining district, county of Boulder, State of Colorado; said claim being bounded and described as follows: Beginning at corner No. 1, (here follow the description in the original location); being the same lode originally located on the tenth day of June, A. D. 1880, and recorded on the twenty-fifth day of June, A. D. 1880, in book R, page 106, in the office of the recorder of said county-this further certificate of location being made without waiver of any previous rights, but to correct any error in prior location or record, to secure all abandoned overlapping claims, and to secure all the benefits of section 1823 of the general laws of Colorado. Date of relocation, December 10, A. D. 1883. Date of certificate, December 11, A. D. 1883.

[blocks in formation]
« SebelumnyaLanjutkan »