The Placer herald., 1867-02-23
THE NEW MINING LAW.

|
AN ACT entitled ~ Act concerning Partnerships
| for Mining p ilposes.
The People OF the State Of California. repre-.
scntei in Senate and Assembly, do enact rs
| follows:
Section |. Whenever any two or more persons
! being owners. occupants. or locators OF any mill
| ing cl.im or whenever any tw" or more persons
| shall have associated themselves together. with
| or without any written agreement (but not is
body corpomic.) for the purpose OF working or
| prosp specting any mining claim on any Of the
| hubble lands of the United States. Shall after be-
ng notified in writing by any member Of said
mining company that they have been associated
| in id 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. .. After Il mining claim shall have been
| located. any person who shall be Il member Of
| the company. dcsirin. 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 desi .nAing a time and place tor Il meet
ing OF he members OF such company for the
purpose OF lovying such assessment; such notice
shall be given as provided in the fourth section
OF this Act. and If ma joriy OF the shares in
such mining claim be represented at such meet
ing. then Il majority OF those present at such
meeting shall be au horiZcd to levy such assess
ment; but il 4 majority OF the shares in such
company be not represented ut such meeting.
then :, majority OF those present shall be auth
orizcd to cause the said mining claim to be pros
pee ed or worked, and thereafter the owners in
such mining claim shall be Hable 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
| m.ty be levied from time to time, not oftencr
than once in thirty days, by any member not de-
! II 1inip dali,
ournt members for the collection OF sufficient
amount OF assessment 10 pay for the working
| and pros pecting OF such claim up to the time
such assessment is made, and such delinquent
assessment may be collected in this Act prov ided;
| divided. 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 be made until all previous asses
mrnts have been paid or the remedies for colec-
tion thereof Shall have been exhausted.
Sec. B. ANY member OF a mining company. or
| his hci's. 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.
piraion Of thirty days alter such assessment. la
Lor 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 it is located and shall par
licnlarly mention the liability which has been
| incurred
Sec. T. Such notice, and all other notices
required under this Act, shall be served us fol
lows:
Filet.-If the party reside in The county where
the mine is located, ii shall be delivered to him
personally, or lett at his place OF residence.
Second IL the party reside out OF the county,
hnt within the State. and his place o residence
is known. such notice shll be deposited in post
Office or express office, in Il sealed envelope with
postage or 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 his place OF residence is unknown. such notice
shall be published once week Tor eight success.
sive weeks in some newspaper spubshed in the
county where the mine is located. ii 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 lett, or for
twenty days after deposit in post or express Of
f flee OF such notice, when such deposit has been
r made. or until the expiration Of the full period
, oI publication herein provided when publication
is lnauc, thereafter Sucn ucllnqucnt snail be
, deemed to have absolutely forfeited and al,n-
, doncd to the other members OF said mining COM
pany all the right. ile claim and interest owned
held, or possessed by such delinquent in the said
mining claim, such portion thereof rs Shall be
sufficient 10 satisfy such delinquency; the remain.
I 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 as essment or liability, to-
gether with costs of sale.
Sec. 6. All sales under the provisions of this
9 Act shall be at public auction at the mining
claim, and shall be made by any Constable of the
i township. auclioneer. or Sheriff of the county
and by giving ten days notice thereof by posting
written notices in ;hree 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 dclin-
/ quency. and the name OF such delinquent mem
: Der or members, at the time and place of such
y sale. which place shall be within the district
S where the mine is located and shall commence
by offering the smallest number Of fee, or shares
in such claim for sale. and continue selling ut the
c same time and place until Il sufficient number o
feet or shares is sold to pay the delinquent assess
ment or liabilities; and the officer selling shall
: execute a decd to the purchaser or purchasers
T. and such doed shall he received in all Courts az