The Placer herald., 1866-08-11

Tie People OF The state Of California, repre-
sentei in Senate and Assembly, 10 enact as
follows:
4 section l. Whenever any two or more persons
being owners, occupluts. or l0tAtors Of any min
in- cllim or Whenever any two or more persons
Fl. shall have associated themselves together. with
or without aay written aggeenent.. Goat not a. Il
body corporate) Tor the purpose oi working or
respecting any mining ciAn on any Of the
public lands of the United States, shalt after be-
ing notified in writing by amy member Of said
mining company that they have been associated
I 10 I'D mining claim. be deemed 10 he coparnetS
for the purpose OF prospecting or working said
claim. and shall he subject 10 the provisions and
! liabilities imposed by this Act.
Sec. ,. After mining claim shall have been
located any person who shall be member of
the company, desiring to work said claim. may
notify the other members OF 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 a time aud place tor Il meet
! ing OF the members Of such company for the
purpose OF levying such assessment; such notice
shall be given as provided in the fourth section
of this Act. and il a majority of the shares in
such mining claim be represented at such meet
/ ing, then majority of those present at such
n'cetMg shall he authorized to levy such assess
ment; but. il minority of the shares in such
company he not represented at such meeting.
! then a majority OF those present shall be auth
| orized TO cause the said mining claim to be pros
| pected or worked. and thereafter the owners in
| such mining claim shall be liable for their re-
! specive 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 oltener
| ihIn once in thirty days, by any member not de-
! linqUen OF said mining company, against den
quent members for the collection oil sufficient
amount OF assessment to pay for the working
! and pro neeting OF such claim up to the time
! such assessment is mi:!e, and such delinquent
| assessment mly be collected in this Act provided;
| provided, that when the mining companies have
| bylaws dcs gnatine what amount OF work shall
! he done on such cla N. then any assessment made
as provided in this Act shall not exceed an
amount sufficient to ply Tor the work required by
the bylaws; and. provided. further. that no new
assessment shall be made until all previous asses
ments have been paid or the remedies for collec
ton thereof shall have been exhausted
See s. Any member Of mining company. or
his heis executors administrators or assigns in
any mining claim who shall neglect or refuse to
pay any assessments or shall neglect to perform
any labor Or other liability which shall become
due from him under this Act, may, after the ex'
piratiOn OF thirty days alter such assessment. Ia
bor or other liability has become due. be notified
! in 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
tcullrly mention the liability which has been
incurred.
Sec. 4. Such notice, and all other notices
required under this Act shall be served as fol-
| lows:
First-~If the party reside in tho county whore
! the mine is located. it shall be delivered to him
! personally. or left at his place OF residence.
Second II the party reside ont OF the county.
| hut within the State, and his place OF residence
| is known. such notice sh II be deposited in post
office or express Office in sealed envelope, with
postage or express charges, as the my be.
pre- paid addressed to such party al his place Of
residence.
Thrd-If such party reside out of the State
| or his place of residence is unknown. such notice
shall be published once week or eight success
sive weeks in some newspaper published in the
county where the mine is located. if there be
such paper. otherwise in some newspaper pub
lished in an adjoining county.
Sec. .. If the person so notified shall neglect
or refuse to pay Or discharge such assessments
work, or liability. for ten days after personal
service or leaving notice at his residence. when
such service has been bad notice so 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
ct publication herein provided when publication
is made, thereafter such delinquent shall be
deemed to have absolutely forfeited and ab.n-
doned to the other members OF said mining com
plny ali the ight lie. claim aud interest owned
held. or possessed by such delinquent in the said
mining cltim. such portion thereof rs shall be
sufficient TO satisfy such delinquency: the remain
n9 member members may sell the interest
of such delinquent member in aud to such min
ing claim. or so much OF said interest a may be
required to pay such essment or liability, to-
geiher with costs Of sale.
Sec. 6. All sales under the provisions of this
Act shall be at public auction at the mining
cllim, and shall be made by any Constable Of the
ti0nppr q 20
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 aud place of such
sale which place shall be within the district
where the mine is located. and shall commence
by Offering the smallest number of feet 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 a deed to the purchaser purchasers.
and such deed shall be received in all Courts as
nrima lacie evidence of the lawful authority of
the officer selling. and the regularity OF all pro-
cnedingS prior to the execution o. the decd. and
as prima acic evidence that all the right. titl".
| ani interest OF the party delinquent has been
lawfully aud rghiully sold aud conveyed TO the
purchaser and the purchasers title to such min
ing claim shall he absolute.
See I. The provisions OF this Act shall also
apply TO all persons who have refused or neglect
cd TO sign articles of Incorporation or deed
Of trust in any incorporated mining company.
Sec, An Act entitled an Act concerning
partnerships for mining purposes, approved
April fourth. eighteen hundred and siXtylour, is
hereby repealed
Scc g. This Act shall take effect from and after
its passage.