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(f) The total number of shares of stock originally set aside by such corporation, if any, in its
treasury or otherwise, to sell or otherwise dispose of for the purpose of working, developing or otherwise
improving any patented or unpatented mining claim, or claims, owned or leased or being worked or developed by such
corporations, and the total amount of money realized from the sale of any portion thereof during the six months
next preceding.
(g) The total number of shares of treasury stock sold, the price thereof per share, and the
total sum of money or other consideration received therefor during the six months next preceding the date of filing
of the statement herein required, and the number of shares of treasury stock remaining unsold at said time.
(h) The amount of money, if any, actually paid by such corporation to each of its officers,
superintendents, or to other persons, exclusive of persons included in subdivisions of this section, as salary or
compensation for services rendered such corporation, stating the nature of such services; also, the respective
amounts, if any, expended for advertising and as commissions for sales of stock, during the six months next
preceding the filing of said statement.
(i) The total amount of bullion tax paid during the six months next preceding.
The affidavit required by this section shall state in substance as follows:
That affiant is the president (or other officer of such corporation, or other person required to
make such affidavit) and has read the foregoing statement, and knows the contents thereof; that the same is true
and correct to the best of his knowledge and belief.
Stockholders To Receive Statements - Fees of County Recorder.
Section 2. At the same time, or within ten days after the sworn statement prescribed by Section
1 of this act shall have been filed with the County Recorder as in this act provided, the secretary or resident
agent, or one officer of such corporation required by this act to subscribe to the same, shall duly mail or cause
to be mailed to each person appearing at said time on the books of such corporation as a stockholder therein, a
true typewritten or printed copy of such statement, and shall in addition thereto make an affidavit before some
officer duly authorized to administer oaths, that a true copy of such statement has been duly deposited in the
United States post office (giving the name of the post office) addressed to each stockholder of such corporation,
as appears from the books thereof, at his or her last know address, or place or residence, and that sufficient
postage has been prepaid thereon and thereupon such secretary, or resident agent, or other person making such
affidavit shall file the same in the office of such County Recorder, who shall attach the same to the original
statement previously filed pursuant to Section 1 of this act, and to which such affidavit pertains. The County
Recorder shall charge, as a filing fee, fifty cents for every original statement required by the preceding section,
and fifty cents for filing and attaching the affidavit required by this section, unless the same is attached to
said original statement.
Must Plainly Designate Different Kinds of Stock - "Treasury Stock."
Section 3. From and after the 15th day of April, 1909, every corporation owning, leasing,
working or developing any patented or unpatented mining claim in this state, and selling or offering for sale,
either directly or indirectly, or authorizing or causing to be issued or sold, any of its stock or shares for the
promotion or development of any such mining claim, shall print or stamp across the face of each certificate of its
treasury stock or shares (as defined by this act) the works "Treasury Stock" in English letters or characters at
least one-half of an inch in height, and not less than one-eight of an inst in width, said letters or characters to
be printed or stamped as aforesaid in ink or a conspicuously different color than the ink used in printing, writing
or stamping the body or other matter printed, stamped or written thereon.
"Promotion Stock."
Section 4. From and after the 15th day of April, A. D. 1909, every corporation owning, leasing,
working or developing any patented or unpatented mining claim in this state, and selling or offering for sale,
either directly or indirectly, or authorizing or causing to be issued or sold, any stock or shares therein that has
not been specifically set aside by such corporation for the purpose of raising money or means for the development
of the mineral resources of such mining claim or claims, or for making necessary improvements thereon, shall print
or stamp across the face of each certificate so issued or authorized to be issued, sold, or offered for sale, as
aforesaid, the words "Promotion Stock" in English letters or characters at least one-half of an inch in height and
one-eight of an inch in width, and said letters or characters to be printed or stamped thereon as aforesaid, in ink
of a conspicuously different color than the ink used in printing, writing or stamping the body or other matter
printed, stamped or written thereon.
Definitions of Kinds of Stock.
Section 5. All stocks or shares of every mining corporation doing business in this state that
have been or shall be specifically set aside to sell for money, or other valuable consideration, and the proceeds
of which are to be used for the actual development of the mineral resources of any mining claim or for the purpose
of making necessary improvements thereon, is hereby deemed and declared to be treasury stock, and all other stock
of such corporation is hereby deemed and declared to be promotion stock, within the meaning of this act.
All Stocks Must Be Plainly Designated.
Section 6. From and after the 15th day of April, 1909 it shall be unlawful for any corporation,
or any officer, agent, or director thereof, owning, claiming, leasing, or working, or developing any mining
property in the state to issue any written or printed certificate representing one or more shares of its stock,
upon which certificate is not stamped or printed the words "Treasury Stock" or "Promotion Stock," as defined and
required by the provisions of this act, and it shall be unlawful for any person, or any officer, agent, or director
of any corporation subject to this act to so stamp or print any such certificate as "Treasury stock when in fact
the same represents "Promotion" stock, or to so stamp or print any such certificates "Promotion" stock when in fact
the same represents "Treasury" stock, as said classes of stock are defined by Section 5 hereof.
This Act Mandatory - Penalties
Section 7. Each and every provision of this act is hereby declared to be mandatory, and the
officer or agent of any mining corporation subject to the provisions hereof who shall fail or neglect to execute
and to file the statement or affidavits required by Sections 1 and 2 of this act, or to otherwise comply with all
other provisions hereof, or who shall willfully do or perform any act or thing herein declared to be unlawful,
shall be deemed guilty of a misdemeanor, and shall upon conviction be fined in any sum not less than $100 nor more
than $500, or shall be imprisoned in the county jail for a period of not less than fifty days, nor more than six
months, or be punished by both such fine and imprisonment.
Further Penalties.
Section 8. Any person who shall act as agent for any foreign corporation, subject to the
provisions of this act, that has not strictly complied with sections one and two hereof shall be deemed guilty of a
misdemeanor, and shall be fined in any sum not less than $100 nor more than $500, or be confined in the county jail
for a term of not less than fifty days nor more than six months, or by both such fine and imprisonment.
Same.
Section 9. Every corporation, domestic and foreign, violating any of the provisions or
requirements of this act, shall forfeit to the State of Nevada the sum of one thousand ($1,000) dollars and cost of
suit, to be recovered in any action in the name of the state institute by the Attorney-General, or any District
Attorney at the request of the Attorney-General; nor shall any such corporation failing to comply with Sections 1
and 2 of this act maintain or defend any action in any court of this state; provided, that upon the production of a
certificate of the County Recorder that the statements and affidavits required by said sections have been duly
filed (except a to the time the same was required to be filed) any such action may be maintained or defended;
provided, that the provisions of this act shall not apply to any action now pending.
Same.
Section 10. Any person, other than those mentioned in Section 7 of this act, who shall violate
any provision hereof shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than $100
nor more than $500, or by imprisonment in the county jail not less than fifty days nor more than six months, or by
both such fine and imprisonment.
District Attorneys and Attorney-General Must Prosecute.
Section 11. The District Attorney of each county in this state shall strictly enforce the
provisions of this act, and in the event of failure or refusal of any such officer so to do when complaint is duly
made and sufficient legal evidence is obtainable, he shall be deemed guilty of misdemeanor in office and subject to
removal and punishment, as otherwise provided by law, and it shall be the duty of the Attorney-General, in such
case, to forthwith prosecute such violation of this act, and to proceed to prosecute such District Attorney for
misdemeanor in office as aforesaid.
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