The Placer herald., 1867-03-16
THE NEW MINING LAW.

| THE NEW MINING LAW.
AN ACT entitled an Act concerning Partnerships
! for Mining Purposes.
The People Of the State Of California, repre-.
sented in Senate and Assembly, do enact rs
follows:
Section l. 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 q
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 TO be copar,ners
for the purpose Of prospecting or working said
claim. and shall be subject to the provisions and
liabilities imposed by this Act.
Sec. 2. After mining claim shall have been
| located, any person who shall be n 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 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, and if majority of the shares in
such mining claim be represented at such meet
ing, then a majority Of those present at such
| meeting shall be authorized to levy such assess
ment; but, If majority Of the shares in such
company be not represented at such meeting.
| then majority Of those present shall he 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, and thereafter assessments
may be levied from time to time, not oftener
than once in thirty days, by any member not de-
lnquent OF said mining company, against dclin
quent members for the collection of sufficient
amount of assessment to pay for the working
| 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 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 Tor the work required by
the bylaws; and, provided, further, that no new
assessment shall he made until all previous asses
ments have been paid, or the remedies for collec-
tion thereof shall have been exhausted.
Sec. 8. Any member of a mining company. or
| his heirs. 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'
| vi utys SuCu dSSeSsIueLt.
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 rs 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-If the party reside out of the county,
but within the State, and his place OF residence
is known, such notice shall he deposited in post
Office or express Office, in sealed envelope, with
postage or express charges, Us the case may be,
prepaid, addressed to such party at his place OF
residence.
Third-Ir such party reside out of the State,
or his place of residence is unknown, such notice
shall be published once n 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 or notice so left, or for
twenty days after deposit in post or express Of
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
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 bt
sufficient to satisfy such delinquency; the remain
ing member or members may sell the interes
Of such delinquent member in and to such min
ing claim, or SO much ot said interest as may b,
required to pay such assessment or liability, to
: gelher with costs Of SALE
Sec. 6. All sales under the provisions Of thi
. Act shall he at public auction at the minin;
claim, and shall be made by any Constable of tn
l., township, auctioneer, or Sheriff of the county
and by giving ten days notice thereof by postin
written notices in three public places within tn
mining district where such mine is located. III
notice shall also specify the extent Of the interes
j., OF the delinquent. and the amount Of the dcln
j" =" quency, and the name Of such delinquent men
% Der or members, at the time and place Of sue
:, sale, which place shall be within the dstric
- where the mine is located, and shall commenc
by Offering the smallest number of feet or share
in such claim for sale, and continue selling at th
:. - same time and place until sufficient number
feet shares is sold to pay the delinquent
- mcnt or liabilities; and the officer selling sha
,. execute deed to the purchaser or purchaser
- I. and such deed shall he received in ali Courts
p. 20 prima facie evidence of the lawful authority
20 the officer selling, and the regularity of all prt
c~edings prior to the execution OF the deed, an
n, prima tacic evidence that all the right, it'll
" and interest Of the party delinquent has bee
TO- lawfully and rightfully sold and conveyed to III
purchaser, and the purchasers title to such mil
:" ;" ing claim shall he absolute.
Sec. 7. The provisions OF this Act shall ais
he apply to all persons who have refused or neglec
ed 10 sign articles OF incorporation or q dee
I'd Of trust in any Incorporated mining company.
Sec. 8. An Act entitled ON Act concernin
ns partnerships for mining purposes, approve
ar April fourth eighteen hundred and sixty.iour,
an hereby repealed.
Sec. .. This Act shall take effect from and aft,
er Its passage.
On ------------------
"THs petroleum, belt Of California'is 70
ve milss long and forty or fifty wilss vide