The Placer herald., 1866-05-19
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 moro persons
being owners, occupants or locatOrs OF any min
ing claim, or whenever any two more persons
shall have associated themselves together, with
or without any written agreement, Q'ut not as a
body corporate,) for the purpose oil working or
prospecting any mining claim 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,ncrs
for the purpose of prospecting or working said
claim, aud shall be subject to the provisions and
liabilities imposed by this Act.
Sec. 2. After q mining claim shall have been
| located, any person who shall he 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 q time and 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, aud if 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
ment; but. if a majority Of the shares in such
company he not represented at such meeting.
then 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-
spective proportion of the expenses 50 incurred
in prospecting. working, or developing such
claim, to the extent of the value Of their inter-
! est in such claim. aud thereafter assessments
may be levied from time to time not Ottener
than once in thirty days, by any member not de-
| linquent OF said mining company, against delin
queDt members for the collection of sufficient
/ nF for fha u-nrl.i,
and prospecting Of such claim up to the time
| such assessment is made and such delinquent
assessment may be collected in this Act provided;
| provided, that when the mining companies ave
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
ments have been paid. or the remedies for colec
tion thereof shall have been exhausted.
Sec. 3. Any member of 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 TO perform
any labor or other liability which shall become
due from him under this Act, may, after the ex.
piration of thirty days after such assessment, la
Dor or other liability has become due, he 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 he served us fol-
| lows:
First1f the party reside in the county where
the mine is located, it shall be delivered to him
personally, or left at his place OF residence.
Second-ll the party reside out of the county,
but within the State, and his place OF residence
is known, such notice sh. II he deposited in 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-1f such party reside out of the State,
or bis place of residence is unknown, such notice
shall be published once a 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
| lisbed in an adjoining county.
| Sec. D. IT 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
| flee 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 such delinquent shall be
deemed to have absolutely forfeited and aban-
doued 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 as shall be
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 assessment or liability to-
gether with costs of sale.
Sec. 6. All sales under the provisions OF this
Act shall he at public auction at the mining
nI CHI 1r hxyn taI1a 1rt
township, auctoneer, 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 of the interest
OF the delinquent, and the amount OF the dcln-
quency and the name of such delinquent men,
ber or members, at the time and 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 or shares
in such claim for sale, and continue selling at the
| same time and place until a 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 or purchasers,
and such deed shall be received in all Courts as
prima facie evidence of the lawful authority of
the officer selling, and the regularity of all pro-
c"edings prior to the execution OF the deed, and
as prima tacc evidence that all the right, title.
and interest OF the party delinquent has been
lawfully and rishtfuly sold and conveyed to the
| purchaser, ana 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 OF neglect
ed 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 and sxty-four is
hereby repealed.
Sec. 9. This Act shall take effect from and after
| its passage.
PROBATE NOTICE..