The Placer herald., 1866-10-13
THE NEW MINING LAW.

for Mining L lposes.
The People of the State of California repre-
sentei in Senate and Assembly, do enact as
follows:
Section |. 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 Il
body corporatp.) for the purpose OF working or
pro pectlng any mining claim any Of the
public Lands of The United States shall after be-
inc notified in writing by any member of said
mining company that they have been associated
in id mining claim. be deemed TO be copar,ners
for the purpose OF prospecting or working said
claim and Shall be subject to the provisions and
liabilities imposed by this Act.
Sec. ,. After Il mining cl i'm 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 time aud place Tor Il meet.
ing of the members of such company for the
purpose of leyying such assessment: such notice
shall be given us provided in the fourth section
of his Act. and if a minority OF the shares in
such mining claim be represented at such meet
ing, then majority Of those present at such
meeting shall be authorized to levy such assess
mnnt; but il a m jorty OF the shares in such
then majority OF those present shall be auth.
oriz"d to cause the said mining claim to he pros.
prcted or worked, and thereafter the owners in
such mining claim shall be liable for their re.
speciive proportion OF the expenses SO incurred
in prospecting. working or developinc 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 ofirnpr
than once in thirty days, by any member not de-
lln4uent OF said mining company. against d"lin
qn"nt members for the collection OF sufficient
amount OF assessment 10 pay for the WORKING
and prospecting Of such cldim up to the time
such assessment is made, and such delinounn
assessment may he collected in this Act pro, ilcd:
provided. that when the mining companies have
bylaws designating what amount OF work shall
be done on such claim then any assessment made
as provided in this Act shall not exceed, an
amount sufficient to pay Tor the work required by
the bylaws: and. provided. further, that no new
assessment shall be made until all previous asses.
mcnts have been paid, or the remedies for colec-
tion thereof shall have been exhausted.
Sec. }. Any member Of a mining comphny or
his hci's. executors. administrators or ussirns in
any mining claim, who shall neglect or refuse to
p " any assessments, or shall neglect 10 perform
any labor or other liability which Shall become
dne from him under this Act may. after the cy.
piraion Of thirty days after such assessment. la
hor or other liability has become due. be notified
IN writing by any remaining member or members,
Va " Ht' VI 'iHtt dStNt. tHNl SUCH asses lnent.
labor. or other liability, is due, which written
motto" shall specify the name OF such mine, and
the district wherein it is located and shall par.
ticnLiry mention the liability which has been
incurred.
Sec. 4. Such notice and all other notices
required under this Act, shall be served us fol-
lows:
First IF 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.
but within the State. and his place OF residence
is known. such notice sh II be deposited in Il post
Office or express office, in sealed envelope. with
postage or express charges, as the case 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 whore the niue is located if there he
such paper. otherwise in some newspaper pub
lished in an adjoining county
Sec. D. II 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 had or notice so left. or for
twenty days after deposit in post or express of
lice oil such notice, when such deposit has been
made, or until the expiration OF the full ncliod
oi publication herein provided. when publication
IS made. thereafter such delinquent shall be
deemed to have absolutely forfeited and aban.
doncd to the other members OF said mining com
pany all the right, tile. claim and interest owned
held, or possessed Ivy such delinquent in the said
mining claim, such portion thereof rs shall be
sufficient to satisfy snch delinquency: the remain.
ing member or members may sell the interest
OF such delinquent member in aud to such min
ing claim, or so much OF said interest a. nav be
required to pay such as essment or liability, to.
gether with costs OF sale.
Sec. &. All sales under the provisions of This
Act shall be at public auction at the mining
claim, and shall be made by any Constable of the
township. anctionecr, or Sheriff of the county
and by giving ten days notice thereof by hosting
written notices in three public places within the
mining district where such mine is located The
notice shall also specify the extent OF the interest
OF the delinquent and the amount OF the dcin
quency. and the name Of such delnudent mem
Der or members, at the time and place of sucb
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 OF 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 ali Courts MS