The Placer herald., 1866-09-15
THE NEW MINING LAW.

for Mining Purposes.
The People OF the State Of California, repre-:
sented in Senate and Assembly, do enact as
follows:
Section l. Whenever any two or more persons
being owners, occupants. or locators of any min
ing claim, or whenever any two or more persons
shall have associated themselves together, with
or without any written agreement, (but not as a
body corporate,) for the purpose OF working or
prospecting any mining claim on any OF the
public lands of the United States, shall after be-
ing notified in writing by any member Of said
mining company that they have been associated
in sid mining claim be deemed to be copar.ners
for the purpose OF prospecting OF working said
claim. and shall be subject to the provisions and
liabilities imposed by this Act.
Sec. 2. After Il mining claim shall have been
located. any person who shall he a member of
the company, desiring to work said claim, may
| notify the Other members oil the company OF his
or their desire to have an assessment levied
against the owners of the claim for the purpose
OF prospecting, working, or developing such
claim, designating time and place Tor meet
| ing OF the members OF such company for the
purpose oil ievying such assessment: such notice
shall be given as provided in the fourth section
of this Act and If majority Of the shares in
| such mining claim be represented at such meet
| ing, then Il majority of those present at such
meeting shall he authorized to levy such assess
ment; but il majority OF the shares in such
company be not represented ut such meeting.
then majority OF those present shall I've auth
| orzed to cause the said mining claim to be pros,
peced or worked, and thereafter the owners in
such mining claim shall be liable for their re-
spective proportion Of the expenses so incurred
in prospecting. working or developing such
claim, to the extent OF the value Of their inter.
est in such claim. and thereafter assessments
may be levied from time to time. not oitener
than once in thirty days, 10y any member not de.
linquent OF said mining company. against dclin
qu"nt members for the collection OF sufficient
amount of assessment TO pay for the working
aud prospecting Of such claim up to the time
such assessment is made and such delinquent
assessment may he collected in this Act provided;
provided. that when the mining companies have
bylaws designating what amount OF work shall
be done on such cla m. then any assess sment made
us provided in this Act shall not exceed. an
amount sufficient TO pay Tor the work required by
the bylaws; aud. provided further that no new
assessment shall be made until all previous asses
menS have been paid or the remedies for coec-
| tion thereof shall have been exhausted.
Sec. 3. Any member Of mining company. or
| his hri's. executors. administrators assigns in
any mining claim. who shall neglect or refuse 10
| pay any assessments or shall neglect 10 perform
any labor or other liability which SHALL become
due from him under this Act. may, after the cx
piraion Of thirty days after such assessment. la
Dor or other liability has become due, be notified
III writing by any remaining member or members,
or by his or their agent. that such assessment,
labor. or other liability, is due, which written
notice shall specify the name OF such mine, and
the district wherein it is located. and shall par
ticularly mention the liability which has been
| incurred.
Sec 4. Such notice, and all other notices
required under this Act, shall he served lis fol-
| lows:
| First. II the party reside in The county where
the mine is located. it shall be delivered to him
personally. or lett at his place OF residence.
Second II the party reside ont OF the county,
Dut within the State and his Olacp nj
is known, such notice sh II he deposited in post
Office or express office, in scaled envelope with
postage or express charges as the may be,
pre- paid, addressed TO such party at his place Of
residence.
Third-If such party reside out of the State.
| or his place of residence is unknown such notice
shall be published once Il week Tor eight success
sive weeks in some newspaper published in the
county where the mine is located. it there be
such paper. otherwise in some newspaper pub
lished in an adjoining county
| Sec 5. II the person notified shall neglect
| or refuse to pay or discharge such assessments
work, or liability. for ten days after personal
| service or leaving notice ut his residence. when
such service has been had notice left, or for
| twenty days alter deposit in post or express of
flee OF such notice, when such deposit has been
made, or until the expiration OF the full period
oi publication herein provided when publication
is made. thereafter such delinquent shall be
dceme" TO have absolutely forfeited and ah,n-
pany all the right til le claim and interest owned
| held, or possessed hy such delinquent in the said
! mining claim, such portion thereof rs shall he
sufficient to satisfy such delinquency; the remain.
| ing member or members may sell the interest
Of such delinquent member in and to such min
| ing claim. or so much of said interest as may be
required to pay such as essment or liability to-
| gelher with costs OF sale
Sec. e. All sales under the provisions OF this
Act shall be at public auction at the mining
claim, aud shall be made by any Constable OF the
| townsh p. auctioneer or Sheriff of the county.
and by giving ten days notice thereof by posting
written notices in three public places within the
mining district where such mine is located. The
notice shall also specify The extent oil the interest
OF the delinquent and the amount OF the dclin-
quency. and the name Of such delinquent mem
| Der or members, at the time and place OF such
sale which place shall be within the district
where the mine is located. and shall comm nee
by Offering the smallest number Of feet or shares
in such claim for sale. and continue selling at the
same time and place until sufficient number of
feet or shares is sold to pay the delinquent assess
ment or Liabilities: and the officer selling shall
execute deed to the purchaser or purchasers
| and such deed shall be received in all Courts as
prima lacie evidence of the lawful authority of
the officer selling. and the regularity of all pro-
c"edings prior to the execution O. the deed and
rs prima lacc evidence that all the right. title.
and interest OF the party delinquent has been
| Lawfully and rightlully sold and conveyed to the
purchaser and the purchasers title to such min
| ing claim shall be absolute.
SEC. Z. The provisions OF this Act shall also
apply TO all persons who have refused or neglect
cd TO sign articles OF incorporation or a deed
of trust in any Incorporated mining company.
Sec. 8. An Act entitled an Act concerning
partnerships for mining purposes, approved
April fourth. eighteen hundred aud syy-onr, is
hereby repealed
See. g. This Act shall take effect from and after
its passage.