Volcano weekly ledger., 1856-04-12
Miners Exemption Bill.

troduced bill for an 'Act to exempt Mir
ing Claims and Mining Implements from force
sale in certain cases." The bill lat the tim
of this writing) has passed the Senate, an
may be acted upon in Assembly before thi
article shall appear in print. Certain amend
ments were Incorporated, but we believe notl
ing of Importance that is not noticed in til
following abridgement of the original bill:
l. Mineral lands and mining implement
not exceeding in value two thousand dollars
shall not be subject to any writ or execution
issued from any court for any debt or debt
founded upon any civil contract or contracts
So. This act gives no better title 10 min
ing claims or implements than is already Civ
en- by law, and shall not interfere in any man
ner with miners laws.
3. No person shall be entitled to the
benefits of this act unless he shall record his
claim in the Office of Justice of the Peace
in the township in which he resides, in a book
which the Justice shall keep for that purpose
and for such record the Justice shall receive
fee of one dollar in each case
We believe this section was SO amended
as to change the place of record to the Office
of the County Recorder
S4. If the plaintiff in execution shall
think the claim and implements exceed in
value the sum of two thousand dollars. the
matter shall be submitted to arbitration
one appraiser to be selected by the plaintiff
one by the defendant, and a third, (if neces-
sary,) by the two appraisers thus provided
for, or by Justice OF the Peace if they can
not agree upon proper person.
20. If the property exceed in value two
thousand dollars, the appraisers shall certify
the same to the Sheriff, who shall proceed to
sell such excess, or the whole at the option
of the defendants. If the excess only is sold,
the proceeds shall be applied to the satisfac-
tion of the execution; if the whole two
thousand dollars shall be paid to the defen-
dant in execution, and the excess to be APP
piled to the satisfaction of the execution
No bid of less than two thousand dollars to
be received. An property recorded under
the provisions of this act to be subject to
taxation in the same manner as real and per-
sonal property.
Sc. Appraisers TO be sworn by the Sheriff
to do justice petween the parties. Their de-
cision to be conclusive between the parties,
and for the protection of the Sheriff from all
liabilities If it prove that the value of the
property does not exceed two thousand dol
lars, cost TO be paid by plaintiff otherwise
by the defendant.
The subject of miners exemption law has
been agitated more or less by previous Legis-
latures. During the session proceeding the
present one, (f memory does not fail us,
bill exempting mining claims from forced sale
was introduced in the Assembly but which did
not pass. 1t is evident that there has been
not little difference of opinion upon this
question; nor is it probable that all are yet
satisfied of the propriety and practicability of
such a law. There may be those, both in the
Legislature and out of it, entertaining doubts
upon the question, or even perhaps being
themselves convinced of the impropriety of
the proposed law, who nevertheless desire to
see the bill passed, as an experiment, in order
that the people themselves, and especially the
mining portion of the community may be en-
abled to arrive at definite and united con-
clusion upon the subject. This mode of set
ting vexed questions -to-wit, by experiment.
has been more than once resorted to in Cali
fornia; as instance, the Chinese (foreign
miners) license law.
II is argued in favor of miners exemp-
tion law, that without it the miner does not
enjoy equal privileges with the farmer, whose
Homestead is exempt; or with the mechanic,
whose tools are exempt; the lawyer, whose
library is exempt &c, &c. 1t is contended
that the miner is liable, under the attachment
law, to have his claim seized and sacrificed
by merciless creditor, to whom he is indebt-
ed in but small sum, whereas, with little
time, he would be able TO pay off his indebt-
cdness and perhaps realize "piler besides
from the proceeds of his mining ground
These and the other arguments in favor of
homestead exemption are adduced by those
who advocate the policy proposed in the
above bill
On the other hand, it is contended that the
true policy is as little legislation as possibl,
with reference to the mines; and that tn,
passage of law exempting mining groun,
from forced sale would lead to the enactmen
of other laws upon mining questions, unit
finally there would be no such thing as is uo