The Placer herald., 1867-02-16
THE NEW MINING LAW.

ldE NEW M4NxN0 LAW.
| AN ACT entitled an Act concerning Partnerships
for Mining Purposes. r.,
| The People Of The State Of California. repre-
sented in Senate and Assembly, do enact rs
| 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 sid mining claim. be deemed 10 be copar,ners
for the purpose OF prospecting or working said
ch,im. and shall be subject TO 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 lcvclopin. such
claim, designating Il time and place Tor u meet.
ing Of the members of such company for the
purpose OF levyng such assessment; such notice
shall be given rs provided in the fourth section
of this Act and if a majority Of the shares in
such mining claim be represented ut such meet
ing, then majority of those present at such
assess
ment; but, II q majority of the shares in such
company be not represented ut such meeting.
then Il majority OF those present shall be auth.
orized TO cause the said mining claim to be pros.
pcctcd or worked, and thereafter the owners in
such mining claim shall be 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
may be levied from time TO time. not Oitcncr
than once in thirty days by any member not de.
linquent Of said minin. company, against dclin
qucnt members for the collection OF sufficient
amount OF assessment 10 pay Tor the working
and pro- pec,ing Of such claim up to the time
snch assessment is made, and such delinquent
assessment m,y Ike collected in this Act providcd
provided. that when the mining companies have
bylaws designating what amount OF work shall
be done on such claim. thea any assessment made
as provided in this Act shall not exceed an
amount sufficient to pay Tor the work required by
the bylaws; aud, provided. further, that no new
assessment shal! be made until all previous asses.
mens have been paid, or the remedies Tor collec.
ton thereof shall have been exhausted.
Sec. B. Any member oil q mining company or
his hcils. 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 which sh,ll become
due from him under this Act. may. after the rx
pirati0n Of thirty days after such assessment. la.
bor or other liability has Income 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 suc'. mine, and
the district wherein it is located and shall par.
| tcularly mention the liability which has been
incurred.
Sec. 4. Such notice, and all other notices
required under this Ac, 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 ut his place OF residence.
Second the party reside ont OF the county,
hut within the State. and his place OF residence
is known. such notice sh.li he deposited in post
Office or express office, in sealed envelope with
postage or express charges, rs the case may be,
prepaid, addressed 10 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 u week for 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
lshe,l in an adjoining county.
Sec. .. 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 ut his residence, when
such service has been hat, or notice so lett or for
twenty days after deposit in post or express Of
flee OF such notice, when such deposit has been
ma'le, or until the expiration OF The full period
OF publication herein provided when publication
is made, thereafter such delinquent shall b.
deemed to have absolutely forfeited and ax.n-
doncd TO the other members Of said mining com.
pany all the right lille, claim and incres owned,
held. or possessed by such delinquent in the said
mining claim, such potion thereof rs shall he
sufficient to satisfy such 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 as may he
required to pay such cssmcnt or liability, to-
| geiher with costs OF sale.
See. 6. 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. auciioncer. 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
ot the delinquent. and the amount oi the dclin-
quency. and the name OF such delinalent mem.
Der or members, ut 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 or shares
in such claim for sale and continue selling ut the
s'me time and place until sufficient number of
feet or shares is sold 10 pay the delinquent assess
ment or Liabilities; and the officer selling shall
execute a deed to the purchaser or purchasers.
and such deed shall he received in ali Courts os