Definition of ‘net
proceeds.”

Appointment of
inspector or
receiver.

Crap. 22 Donty Varpren Mines Raimway 9 Guo. 5
(AMENDMUENT).

times use its best endeavours to operate the premises to the best
advantage, unless prevented by causes beyond its control.

%. With the exception of such wages, all sums charged on the
premises by this Act shall be paid by the Taylor Engineering Com-
pany, Limited, out of the net proceeds of the premises, and until
payment in full of all charges the net proceeds of the premises shall
be devoted exclusively to the payment of such charges; and for the
purposes of this Act “net proceeds” shall mean the total amount
obtained from the operation of the -premises after deducting the
actual cost of mining and raising the ore, metal, or material, includ-
ing all reasonable and proper expenses of management, freight,
transportation, and shipping charges; cost of operation of mill or
other plant where the ore, metal, or material is treated; any actual
amounts. paid for sampling and assaying, smelter charges, taxes
payable to the Dominion of Canada or the Province of British
Columbia or any lawful authority in respect of the operations of
the premises or their proceeds or profits or otherwise properly
payable by the party operating the premises; the actual cost of
explosives, drill-steel, and other tools used in and upon the premises ;
the cost of repairs and additions to-and maintenance and betterment
of the machinery, plant, and tools used upon the premises; and such
further and other expenses as may be reasonably and properly and
in the ordinary course of mining be charged against the proceeds of
the premises; together with all costs incurred in the extension, opera-
tion, maintenance, repair, and betterment of the railway; together
with the cost of development of the mining properties limited as to
such cost of development to the rate of one dollar and fifty cents for
each ton of ore raised and shipped, sold, or otherwise disposed of.
from the premises; and together with the cost of raising all moneys
necessary for the payment of the wages as aforesaid and for the
operation of the premises, and all costs incurred in the protection
of the premises. :

8. Upon the application by summons or motion of any party
entitled to a charge under this Act, the Supreme Court or a Judge
thereof may inquire whether the net proceeds of the premises are
being used or expended otherwise than for the payment of the charges
created by this Act, or whether the premises are being operated with
due regard to the liquidation of such charges; and if the Supreme
Court or a Judge thereof shall be satisfied that the net proceeds of
the premises or any part thereof have been fraudulently used or
expended otherwise than for the payment of such charges, or if the
Supreme Court or a Judge thereof shall be satisfied that the premises
are being fraudulently operated and not with due regard to the
rights and interests of the owners of such charges, the Supreme

Court or a Judge thereof may at the cost of the applicant appoint a

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