Weekly Calaveras chronicle. (Mokelumne Hill, Calaveras County, Cal.) 18??-1874, 1867-12-21
An Act for the Encouragement of
Mining.

We have received Assembly Bill No. 81,
with the above title, introduced by Mr..
Rollins, of Nevada county. 1t repeats the
present law, says the San Francisco Times,
concerning partnerships for mining purposes,
and substitutes more summary mode OF
extinguishing the title of non. acting or nom
paying claim owners, for the benefit of
those who are copartners or tenants in COM
mon with them, and who desire to develop
their claims. The law proposed to be re-
pealed is certainly very imperfect one, and
needs material alterations to avoid the delays
incident to strict compliance with its pro-
visions, but we think the bill before us is
somewhat faulty in another direction. 1t
repeats law applicable to both corporations
and simple partnerships, for the collection
of assessments and extinguishment of delin-
quent interests, and provides substitute
which applies only to corporations, thus
compelling all mining companies to incorpo-
rate to avail themselves of the facilities for
the extinguishment of the title of non-pay-
ing partners. There is strong objection
among miners, not without good foundation,
against Incorporating, and it is not right
that they should be forced to incorporate.
This new bill provides that "when three or
more persons owning or claiming as joint
tenants, tenants in common, or coparceners,
a majority of the number of feet. shares or
interests in any mining claim in this State,
shall have formed or shall hereafter form
themselves into corporation or organized
association for the purpose of working or
developing such mining claim, and shall ac-
tually proceed to work and develop the
same, such corporation or association NAV,
without demand except by commencement
of action. institute suit in any Court of
competent jurisdiction, in its corporate or
associate name, as upon an implied contract
for the payment of money, against any per-
son not stakeholder in or member of such
corporation, owning or claiming to own in
such mining claim as joint tenants, etc. for
his or her proportion of the money actually
expended or Indebtedness assumed by such
corporation or association, in the actual and
necessary working and development of said
claim" 1t then provides that defendants
shall have three weeks notice prior to the
institution of suit, either personally or by
publication in the usual way, whether the
defendants be residents or non-residents !;
and that the summons shall be served as in
other cases. except that thirty days publica-
ton shall be sufficient in any case. Finally,
it provides that the interest of the defendant
in said claim shall be the only property be-
l. L
the execution upon the judgment rendered,
and that the sale shall be absolute, leaving
no right of redemption.
Some such law as this is needed in this
State. and probably no mining district needs
it more than that at Meadow Lake, where
MIR. Rollins resides. He, therefore, repre-
sents constituency whose interests demand
Its passage. If the interests of those COM
panies who do not wish to incorporate are
protected, we see no reason why it should
not pass,