The Placer herald., 1866-10-06

|
act to secure homesteads to actual settlers on the
public domain" and acts amcndatory thereof.
SEC. IL. Aud be it further enacted That upon
the survey Of the lands aforesaid. the Secretary
| OF the Interior may designate and set apart such
portions of the said lands rs are clearly agricul.
tural lands. which lands shall thereafter b. sub.
ject 10 pre-emption and sale as other pubic lands
of the United States and subject to all The laws
and regulations applicable to the same.
THE NEW MINING LAW.
| AN ACT entitled m Act concerning Partnerships
| for Mining Purposes.
The People Of the State Of California, repre-.
sented 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 a
body corporatc,) 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 said 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 mining claim shalt 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
ciaim desi ignating q time and place tor a meet
ing OF the members of such company for the
purpose oil levying such amusement: such notice
shall be given us provided in the fourth section
of this Act. and il q majority OF the shares in
such mining claim be represented at such meet
ing. then majority of those present at such
meeting shall lie authorized to levy such assess.
mant. Int ii a m,ilOrty tho Shlrns in oh
company be not represented ut such meeting.
then majority OF those present shall he auth
| orized TO cause the said mining claim to be pros
pected or worked, and thereafter the owners in
such mining claim shall lie 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
mag be levied frnm TINE to time. not oitener
than once in thirty days, by any member not de-
| linquent OF said mining company, against dclin
| auent members for the collection OF sufficient
| amount of assessment 10 pay Tor the working
and prospecting Of sHch claim up to the time
| such assessment ia made, and such delinquent
Assessment may be collected in this Act provided;
! provided. that when the mining companies have
by laws 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 ior the work required by
| the bylaws; and, provided. further, that no new
assessment shall be made until all previous asses
meMts have been paid, or the remedies for collec.
| tion thereof shah have been exhausted.
Soc 3. Any meKfiItT 'Ot a mining company. or
his heils. executors. administrators. or assigns in
any mining claim, who shall neglect or refuse to
pay any assessments, or shall neglect 10 perform
any labor or other liability R,hich shall become
due from him under this Act, may, after the ex.
pir,ton Of thirty days after such assessment. H.
Dor 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.
ticularly 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 tho couuty where
the mine is located. il shall be delivered TO h in
personally, or lett at his place OF residence.
Second II the party reside out OF the couuty
but within the State and his place ei residence
is known, such notice 81 II lie deposited in post
Office or express Office in sealed envelope, with
postage or express chtrges, as The case may be-
pre- paid, addressed to such party At bis place OF
residence.
VMird-If such party reside out of the State
or his place OF residence is unknown, such notice
shall be published once week Tor eight success
sive weeks in some newspaper published in the
} county where the mine is lOcuted. II there be
> such paper. otherwise in some newspaper pub.
. lished in an adjoining county.
Sec. 5. IT the person go notified shall neglect
or refuse to pay or discharge such assessments
J work, or liability. for tea duys after persenAl
service or leaving notice at his residence when
such service has been hud or notice 40 left, or ior
twenty days after deposit in post or express of
: fee Of such notice, when such deposit has been
; made, Or until the expiration Of the full period
Of publication herein provided when publication
is made, thereafter *uoh delinquent shall be
J deemed to have absolutely forfeited and als.n.
! doned to the other members OF said mining COM
pany all the right, title, claim and interest owned
held, or possessed by such delinquent in The said
mining claim, such portion thereof rs shall be
sufficient to satisfy such delinquency; the remain.
. ing mambe or members may sell the interest
i ,Of such delinquent member in aud TO such min
Iag claim, or SO much Of said interest A. NAV be
required to pay such ae essment or liability no.
gether with cOstsOf sale.
Sec. 8. 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. 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 delinauent mem.
Der Or members, at the time aud place of such
sale, which place shall he within the dlistriot
where the mine is located. aud shall Commence
ny Offering the smallest number Of feet or shares
in such claim for sale. and continue selling at the
} same time and place until sufficient nuaber of
feet or shares is sold topay the delinquent assess
ment or liabilities; and the 'efacer selling shall
execute deed to the purchaser or purchasers,
nnAo nctp dr. cA~vy H. 80