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

LIE " T. NllNINO LA W.
AN ACT entitled ~ Act concerning Partnerships
for Mining p uposes.
The People Of The State of California repre-.
scntei in Senate and Assembly, do enact as
follows:
Section |. Whcncyor any two or more persons
being owners. occupants. or locators Of any min
ing claim. or whenever any tw" or more persons
shall have associated themselves together. with
or without any written agreement. (but not as il
body corporatr.) for the purpose OF workn" 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 id mining claim. be deemed to be copar,ncrs
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 Il mining claim shall have been
located any person who shall be Il member OF
the company, desiring to work said claim. may
notify The other members OF the company of his
or tbeir desire TO have an assessment levied
against the owners Of the claim for the purpose
OF prospecting. working. or developing such
claim, desi 4naiing a time and place tor Il meet.
ing OF the members OF such company for the
purpose OF luvyng such assessment; such notice
shall be givcn rs provided in the fourth section
OF this Act and il II minority OF the shares in
such mining claim be represented at such meet
ing. then majority OF those present at such
ment; but. il 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.
pected or worked. and thereafter the owners in
such mining claim shall be liable for their re-
spectiye 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 oft ener
than once in thirty days, by any member not de-
linqucnt Of said mining company. against drlin
Gurnt members for the collection OF sufficient
amount OF assessment 10 pay Tor the working
and pro, pecling OF such claim up to the time
such assessment is made, and such Delinquent
assessment may be collected in this a ct pro, ided;
provided. that when the mining companies have
bylaws des gnaiinG 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. farther, that no new
assessment shall be made until all previous asses.
menis have been paid, or the remedies for collec-
tion thereof shall have been exhausted.
Sec. 3. ANY member Of a mining company. or
his hcis 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 Shall become
due from him under this Act may. after the cx.
piratiOn Of thirty days after such assessment. la
bor or other liability has become due, be notified
in wiring 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
ticnlarly mention the liability which has been
incurred.
Sec 4. Such notice, and all other notices
required under this Act, 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 at his place OF residence.
Second IL the party reside out oil the county,
hnl within the State. and his place oil residence
is known. such notice Shall be deposited in post
Office or express office, in Il sealed envelope, with
postage or express charges, AS the case may be,
prepaid, 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 a week or eight success
sve weeks IN some newspaper published 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 left, or for
twenty days after deposit in post or express Of.
nee OF Such notice. Whcn such deposit has been
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 aln,n-
doncd TO the olhcr members OF said mining COM
pany all the right. iiie claim and interest owned,
held, or possessed by such delinquent in the said
mining claim, such portion thereof rs shall be
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 be
required TO pay such as: essmenl OF liability to-
gelher 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 amy Constable of the
township. auctoneer 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 deinqdent mem
Der or members, at the time and 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 at the
same time and place until Il sufficient number Of
feet or shares is sold to ay the delinquent assess
ment or liabilities; and the officer selling shall
execute a decd to the purchaser or purchasers
| and such decd shall he received in all Courts as