The Placer herald., 1867-02-09
THE NEW MINING LAW.

AN ACT entitled m ACT concerning partnerships
for Mining Purposes.
The People Of the State of California; 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 more persons
shall have associated themselves together. with
or without any written agreement. (hut not as Il
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 mcmber Of said
mining company that they have been associated
in id mining claim. be deemed 10 be copa.iHcrs
for the purpose OF prospecting or working said
claim and shall be subject to tie provisions and
liabilities imposed by this Act.
Sec 2. 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 fer The purpose
of prospecting. working. or developing such
claim, designating a time aud place for meet
inc OF the members OF such c0mpuny for tbp
pnrpose Of levyinG such assessment; such notice
shall be given as provi ilcd in the fourth section
OF this Act and if a majority Of the shares in
such mining claim be represented at such meet
ing. then majority OF those present at such
meeting shall he authorized to levy such assess
mrnt; but. il majority OF the shares in such
company he not represented ut such meeting.
then ma ority OF those present shall he auth
orzod to cause the said mining claim to be pros
pccted or worked, and thereafter the owners in
such mining claim shall be liable for their re-
spcctve proportion oil the expenses 50 incurred
in prospecting. working. or developing such
claim, to the extent Of the valuc Of their inter.
est in such claim. and thereafter assessments
may be levied from time to time. not ollcnpr
than once in thirty days, by any member not de-
linqucnt OF said mining company, against dclin-
qu"ut members Tor the collection OF sufficient
amount OF assessment to pay for the working
aud pro. .pecIin" OF such claim up to the time
such assessment is made, and such 0cliuqucnt
assessment may be collected in this Act provided;
provided. that when the mining companies have
bylaws dcS gnatin9 what amount OF work shall
be done on such cha m. then any assessment made
rs 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
mcnts have been paid. or The remedies for collcc-
lion thereof shall have been exhausted.
See B. Any member OF mining company. or
h> hcils executors administrators. or assigns in
any mining claim. who snail neglect or refuse to
pay any assessments or Shall neglect 10 perform
amy Labor or other liability which shah become
due from him under this Act. may, after the cX.
piraion of thirty days after such assessment. Ia
bor or other liability hts become due, be notified
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 be served as fol-
lows:
First If the party reside in The county where
the mine is located, il shall be delivered to him
personally, or lett at his place oil residence
Second II the party reside ont OF the county
hnt within the State, and his place OF residence
is known, such notice sh II be deposited in post
Office or express office, in scaled envelope, with
postage or express charges, as the case may be,
pre- paid, addressed TO such party at his place Of
residence.
Thrd-Ir such party reside out of the State,
or his place OF residence is unknown, such notice
shall be published once week for eight success.
siyc weeks in some newspaper published in the
county where the mine is located if there be
such paper. otherwise in some newspaper pub
lishcd in an adjoining county.
Sec. D. III 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 bad or notice so icit or for
twenty days alter deposit in pest or express Of
flee OF such notice when such deposit has been
made, or until the expiration OF the full period
OF publication herein divided. when publication
is made, thereafter such delinquent shall be
deemed TO have absolutely forfeited and aban-
doncd TO the other members Of said mining COM
pany all the right, tile, claim and interest owned
held. or possessed by such delinquent in the said
mining claim, such portion thereof as shall be
sufficient to satisfy snch 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 be
required to pay such as cssmcnt or liability, to-
gcihcr with costs Of sale
See. &. All sales under the provisions of this
Act shall be at public auction at the mining
claim, and shall be made by any Constable ol The
township. auctonccr, 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
OF the delinquent. and the amount OF the dclin-
quency. and the name Of such Delinquent mem.
Der or members, at the time aud place of such
sale, which place shall be within the district
where the mine is located. and shall commence
by Offering he smallest number OF feet or shares
in such claim for sale. and continue selling at the
same time and plIce until sufficient number of
feet or shares is sold TO pay the delinquent assess
mcnt or liabilities; and the officer selling shall
execute u deed to the purchaser or purchasers,
and such deed shall be received in all Courts aa