Year: 1867

1dE NEW w W1N1WU LIZA W.


AN ACT entitled an Act concerning Partnerships
for Mining Purposes.


The People Of the State of California. repre-
scnted 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. (but not as a
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 slid mining claim, be deemed to be copartncrs
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 a mining claim shall have been
located any person who shall be Il member of
| the company desiring to work said claim. nav
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 OF such company for the
| purpose Ct levying such assessment; such notice
| shall be given as provided 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 Il majority of those present at such





ment; but, il minority 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, and thereafter assessments
may be levied from time to time, not oltcner
than once in thirty days, by any member not de-
lnquent OF said mining company, against dclin-
qucnt 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 dclinQuent
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 10Y the work required by
Tie bylaws; aud, provided, further that no new
assessine ent shall be made until all previous asses.
ments have Iccn paid, or the remedies for collec-
tion thereof shall Lave been exhausted.


Sec 3. Any member Oh mining company. OF
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 ey.
piraton 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 it is located, and shall par
tcularly 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, it shall be delivered to him
personally, or left at his place of residence
Second IL 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 cnvclope 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 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. .. III the person 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 for
twenty days after deposit in post or express of.
flee of such notice, when 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 aban-
| doncd 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 as shall be
sufficient to satisfy such delinquency; the remain
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 NAV be
required to pay such essment or liability, to-
| gelher with costs of sale.


| Sec. 6. All sales under the provisions of this
Act shall be at public auction at the mining
claim, and shall be made by any 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 delnquent 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 sufficient number of
feet or shares is sold to pay the delinquent assess
ment OF liabilities; and the officcr selling shall
execute deed to the purchaser or purchasers.
and such deed shall he received in all Courts as