Year: 1866

/


| AN ACT entitled an Act concerning Partnerships
| for Mining Purposes


| The People OF the State OF California repre-
sentei in Senate and Assembly, do enact as
| follows:


| Section !. Whenever any two or more persons
| being owners, occupants, or locators of any min
| ing clIim, or whenever any two or more persons
shall have associated themselves together, with
or without any written agreement, (but not as
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 assocla'ed
in said mining claim, be deemed to be copartners
for the purpose OF prospecting or working sa'a
claim and shall be subject to the PROVISIONS ana
! liabilities i'm posed 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 for the purpose
of prospecting working or developing such
claim. designating 4 time aud place for meet
ing OF the members of such company for the
| purpose oil levying such assessment; such notice
| shall be given as provided in the fourth section
of this Act, and if majority ol the shares III
such mining claim be represented at such meet
ing, then majority of those present at such
meeting shall he authorized TO levy such assess
ment; but, il a majority of the shares in such
company be not represented ut such meeting,
then majority OF those present shall be auth.
orized 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-
spective proportion OF the expenses so incurred
| in prospecting. working. OF 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 ottener
| than once in thirty days, by any member not de-
| linouent OF said mining company, against dclin-
| ouent members for the collection OF sufficient
| amount OF assessment to pay Tor 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 such claim, then any assessment made
as provided in this Act shall not exceed IN
amount sufficient to pay Tor the work required by
the bylaws; aud, provided further, that no new
assessment shall be made until all previous asses
nlents have been paid, or the remedies for colec
tion thereof shall have been exhausted.
Sec 5. Any member OF 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 10 perform
any labor or other liability which shall become
due from him under this Act, may, after the ex.
piraton Of thirty days after such assessment. Ia
Dor or other Inability 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 tho county whore
| the mine is located, it shall be delivered to him
| personally or left at his place OF residence.
| Second II the Dlrty reside ont OF the cOunty
but within the State. and his place oil residence
| is known such notice sh III be deposited in post
Office or express office, in sealed envelope, with
| postage or express charges, as the case may be,
pre- paid addressed to such party al 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 for eight success
sive weeks in some newspaper published in the
county where the mine is located if there he
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 OF 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
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-
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 he
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 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
Act shall be at public auction at the mining
claim, and shall be made by any Constable Of the
township. auctioneer, 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 inc 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 men,
Der or members, at the time and place of such
sale. which place shall he within the district
where the mine is located, and shall comm ancc
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 or liabilities; and the officer selling shall


execute a deed to the purchaser or purchasers
and such deed shall be received in all Courts as


prima facie evidence of the lawful authority oI


the officer selling, and the regularity of all pro.
c"edines ior to the execution OF the deed, and
as prima face evidence that all the right. title,
and interest Of the party delinquent has been
lawfully and righfully sold and conveyed to the
purchaser, and the purchasers title to such min
ing claim shall be absolute


Sec 7. The provisions of this Act shall also
apply to all persons who have refused or neglect
ed to sign articles of incorporation or deed
Of trust in any Incorporated mining company


See. 8. An Act entitled an Act concerning
partnerships for mining purposes, approved
April fourth. eighteen hundred and sixty four is
hereby repealed.


Sec. g. This Act shall take effect from and after
| its passage.


Va FoAan eN