24 General Mines and minerals
this Act apply to mines and minerals contained in a homestead, and
no married person shall make a disposition of mines and minerals
contained in or forming part of a homestead without obtaining in
accordance with this Act the consent in writing of the spouse of the
married person.
(2) Nothing in this section gives the spouse of a married person a
dower interest in mines and minerals contained in any certificate of
title registered in the name of the married person other than the
certificate of title to the homestead, and no consent or
acknowledgment under this Act is required to the disposition of
those mines and minerals or any interest in them.
(3) Notwithstanding sections 13 to 16, no order may be made
directing payment out of the General Revenue Fund of any
damages awarded to the spouse of a married person by reason of a
disposition by the married person of mines and minerals, whether
the disposition was of mines and minerals only or of the homestead
including mines and minerals.
(4) When pursuant to section 11 a spouse recovers a judgment
against a married person in respect of a disposition by the married
person of the homestead including mines and minerals and the
judgment is not paid, an order made directing payment of the
unsatisfied judgment out of the General Revenue Fund shall relate
only to that portion of the awarded damages that is based on the
value of the surface rights of the homestead excluding the value of
the mines and minerals, and shall so relate only to the extent that
that portion of the damages remains unpaid.
RSA 1980 cD-38 s24;1994 c31 s5