Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-03-12
THE NEW MINING LAW.

We published not long since the copy OF
a law PASSED at the last session Of the Terri
torial Legislature, entitled " An Act for the
encouragement OF Mining approved Febru-
ary 20, 1864. 1t Is an act which the mining
community have long stood very much IN
need OF. 1t provides that shareholders IN
mining claims which are unincorporated, can
be sold out Of the claim when they refuse TO
nav their proportion Of the expense OF I'M
provements made on the mine by the dITec-
ton OF owners, representing majority OF
interest II has been common for owners IN
mining claims to neglect, or refuse TO pay,
their Just and proportionate share OF the eS-
Dense of prospecting them, because they have
reason 70 feel confident that their co-ownerS
will not 90 TO the trouble and expense OF
compelling payment, even where 1t can
legally be done, and when companies are IN
cooperating, it has been a common thing TOR
some OF the owners in the claim 10 refuse TO
sign the deed Of trust, so that they can
ayoid the payment of assessments and not
get sold out. And another similar case often
occurs. It is common for men when they so
- new mining districts, TO locate claims for
themselves and friends in the same company,
and it is too frequently the case that the
friend ungratefully refuses TO either sign
over the interest he has thus acquired 10
some person who would willingly take IT,
md nav assessments on It, or to the COM
n,nv. or ~ nav assessments on il himself.
These dishonorable practices have prevailed
10 greater or less extent in nearly all our
mining companies, and have been the cause
of inuun,erable DELAYS in the working Of
our mines. This conduct Of the shareowners
paralvzes the action OF the companies IN
which thew own, and prevents the work OF
prospecting from being carried on, and makes
the money which the companies have already
expended almost dead loss. This law must
be hailed bv the enterprising go-a-head part
of our people as great aid to improvement
But OF course it viii meet with opposition
from GROWERS and grumblers-as the best OF
laws always do. Claim owners stand IN the
relation OF tenants in common TO each other'
and they therefore have each an undivided IN
terest in all the claim, and whatever Is done
by one co-tenant by way Of improvement on
the claim, is done for the benefit OF both.
The claims being real estate, one tenant in
common cannot bind the rights OF the other
in the claim, as person can only be Invested
OF his title TO real estate by his own deed IN
der seal. or by due process Of law.
4 shareholder in claim could not be
compelled 10 pay his proportionate share Of
expenses incurred in working the mine I'm
less it could be shown that he consented to
do so. The fact of his being tenant in CON-
mon. was of course not sufficient to bind him.
He must have been 4 party TO the contract.
To compel him to pay, TOO, when he was le-
qally bound, was an expensive and dilatory
proceeding, and rarely resortedto. But this
new law makes his proportion of the expeD-
sesincurred by order OF the majority in inter-
est. lien on his claim from the time the
money was expended, and makes the pro-
ceedincs for its collection simple and expedi-
tious.
No law passed BY the last Legislature can
or viii give more general satisfaction to the
people Of the Territory than this one.
There is one provision, however, the one
which excepts claims having their principal
place Of business out of this Territory, and
companies incorporated BY the laws OF other
States, from receiving its benefts-which
NAV not suit some capitalists. However, If
companies chose TO incorporate under for
eign laws, they can have the benefits their
charter confers, if they think greater ben
EFT will be derived from Incorporating under
the laws Of our Territory, the way IS open
and clear for them to do so. Their rights
are not in the least impaired. The new la"
was made to give additional privileges to
mining companies by the Legislature Of Ne
vada, and made, as it should have been made
for the benefit OF the people of Nevada.