The Placer herald., 1867-04-06
THE NEW MINING LAW.

| Inc lpOpie OIL ttlc Clulc vi CullloIulit, 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 mere persons
shall have associated themselves together, with
| or without any written agreement, (but not as
body corporate,) 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 10 be copartners
for the purpose OF prospecting OF working said
claim and shall lie subject to the provisions and
liabilities imposed by this Act.
Sec. 2. After Il 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 developing such
claim. designating time and place Tor a meet
| ing of the members cf such company for the
purpose Of levying such assessment; such notice
| Shall be given as provided in the fourth section
of this Act. and 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, il majority of the shares in such
company be not represented at such meeting,
then majority OF those present shall be auth
| oriZcd 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-
| spectve 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. ard thereafter assessments
may be levied from time to time, not ottener
than once in thirty days, by any member not de-
lnquent OF said mining company, against dcln
ouent members for the collection of sufficient
amount of assessment to pay for the working
| nd prOsnpctinr nj Such claim the time
such assessment is made, and such delinquent
assessment may be collected in this Act yided;
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 for 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 collec-
| ton 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, 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 II Is located. ana snail par
ticularly meution the liability which has been
incurred.
Sec 4. Such notice, and all other notices
required under this Act, shall be served as fol-
lows:
First If 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 II the party reside out Of the county,
but within the State, and his place Of residence
is known, such notice shall be deposited in post
Office or express Office in sealed envelope, with
postage 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 bis place of residence is unknown, such notice
shall be published once a week for eight success
: sive weeks in some newspaper published in the
county where the mine is located. if there be
such paper. otherwise in some newspaper pub
lished in an adjoining county.
Sec. 5. If 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 notice so left, or fol
twenty days after deposit in post or express of
flee Of such notice, when such deposit has beer
made, or until the expiration Of the full perio6
Of publication herein provided. when publication
a is made, thereafter such delinquent shall b'
Y deemed to have absolutely forfeited and aban
: doned to the other members Of said mining com
=. pany all the right tilc claim and interest owned
" held or possessed by such delinquent in the sait
- mining claim, such portion thereof rs shall b
- sufficient to satisfy such delinquency the remain
ing member or members may sell the interes
=. of such delinquent member in and to such min
D ing claim, or much of said interest as may b
required to pay such as essment or liability, to
" geher with costs Of sale.
Sec. &. All sales under the provisions of thi
n Act shall be at public auction at the mnn
claim, and shall be made by any Constable Of th
III township. auctoneer, or Sheriff of the county
rs and by giving ten days notice thereof by postin
k written notices in three public places within tn
ne mining district where such mine is located. Th
notice shall also specify the extent OF the intcres
IN OF the delinquent and the amount of the dclir
ne quency, and the name Of such delinquent men
Der or members, at the time and place of sue
iii SALE which place shall be within the distrit
where the mine is located, and shall commenc
by Offering the smallest number of feet or share
n, in such claim for SALE and continue selling at til
ly same time and place until sufficient number
re feet shares is sold to pay the delinquent
mcnt or liabilities; and the officer selling sha
VS. execute u deed to the purchaser or purchaser
ist and such deed shall be received in all Courts
he prima iacic evidence of the lawful authority
We the officer selling and the regularity of all pr
cnedings prior to the execution OF the deed, an
to as prma tacie evidence that all the right It'll
and interest of the party delinquent has bee
cs. lawfully and rightfully sold and conveyed to Il
on purchaser, and the purchasers title to such mi
w ing claim shall be absolute.
Sec. I. The provisions of this Act shall all
he apply to all persons who have refused or neglec
ed to sign articles of incorporation or q det
nd of trust in any Incorporated mining company.
Sec. s. An Act entitled an Act concernir
ms partnerships for mining purposes, approx,
,ar April fourth, eighteen hundred and sixty-iour,
on hereby repealed.
Sec. 8. This Act shall take effect from and aft
Der its passage.
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