Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-02-29
An Act for the Encouragement Of
Mining.

| Be it enacted by the Governor and Legislative
Assembly of the Territory of Nevada, as follows:
| SECTION l. Where two or more persons, own
ing or claiming joint tenants, tenants In COM
mon or co-parceners, majority Of the number
of feet, shares or interests in any mining claim
in this Territory, shall have formed, or shall here
after for themselves into a corporation or organ
lied association, for the purpose of working and
developing such mining claim, and shall proceed
TO actually work and develop the same; such
corporation or organized association may insti.
tute, in any court of competent jurisdiction, suit
in its corporate or associate name, against any
person (nOt q member of such corporation or asSo-
ciafiou) owning In said mining claim as tenant in
common, Joint tenant or CO. parceners, who shall
refuse or neglect to pay his or her proportion of
the money actually expended or indebtedness a.
sumed BY such corporation or association for the
actual and necessary working and development
of said mining claim
SEC. . Before such suit shall be instituted,
corporation association shall cause to be pub
lished in some newspaper published in the county
where the mining claim is located, and ifno news
paper be published in such county, then in some
newspaper published in the nearest adjoining
county, once u week for at least four weeks, no.
tice specifying: lst-The amount Of money actu-
ally expended, or Indebtedness assumed by sucn
corporation association in the actual ana neces
sary working and development OF said mining
claim. 2d-The amount due from such joint ten
ant tenant In common, or co-parcener, os his or
her proportion of the money actually expended
or Indebtedness assumed by such corporation or
association, in the actual and necessary working
and development of said mining CLAIM 2d-Ihe
intention Of such corporation or association to In
stitute suit for the same Provided, that only ten
davis notice shall be required before instituting
suit under this Act, where personal service men.
toned in this section shall he obtained on such
Joint tenant, tenant in common, or eo-parcener.
SEC. Z It shall be proved on the trial OF such
rNt AL nf lad
or indebtedness assumed by such corporation or
association, as specified in the published notice,
mentioned in section Two of this Act. was eXpen-
ded or assumed by such corporation or association
in the actual and necessary working and develop
ment of said mining claim. 2d-The quantity OF
interest owned by defendant in said mining clnim.
at the time said money was expended or indebted
ness assumed by such corporation or association;
and 3d-That defendant, though duly notified Of
the amount due from him or her for the actual and
necessary working and Development of said min
ing claim, and of the intention of plaintiff TO in.
sttute suit therefor, as mentioned in section two
of this Act has for ten days after the completion
Of said notice, neglected or refused to pay the
same.
SEC. 4. The amount of money expended or in
debtedness assumed by such corporation or associ-
alton, as the proportion due from such tenant IN
common, joint tenant or co-parcener for the actu'
al and necessary work and development OF such
mining claim shall be lien in favor Of such cor.
poration or association, upon the interest Of such
tenant in common joint tenant or co-parcener, in
such mining claim, from the time such money was
expended or Indebtedness assumed by such corpo-
ration or association. which lien shall bind such
interest for the time Of such payment or assump-
ton, and all judgment rendered in any action IN
sttuted under the provisions Of this Act, and any
execution issued thereon shall bind and run against
such interest, and no other property Of the defen
dant shall be subject TO execution on any such
Judgment. Such interest may be sold as provided
for sales of real estate on execution, and may be
redeemed as is provided for the redemption Of re-
al property sold on execution in other cases upon
the payment ofthe purchase money with fifty per
cent. thereon
SEC. S This Act shall apply only to such corpo-
rations or associations are actually engaged in
mining, and no corporation formed under the laws
of any other State, country or Territory; and no
organized association having its principal place of
business out of this Territory, or a majority Of
whose directors, trustees or managing agents, shall
be non.residents of this Territory, shall be emit.
tied to the benefits Of this Act
SEC. 6 All Acts or parts of Acts, so far as they
are inconsistent or in conflict with the provisions
of this Act, are hereby repealed.
SEC. T. This Act shall take effect from and after
its passage.
Approved February Goth, 1864.