Year: 1866




AN ACT entitled an Act concerning Partnerships


for Mining Purposes.


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


Section |. Whenever any two or more persons
being owners. occupants. or loeators Of any min
ing claim, or whenever any two or more persons
shall have associated themselves together, with
or without any written agreement, Out 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 associated
in said 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 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 time and place tor meet
ing OF the members OF such company for the
purpose OF levying such assessment; such notice
shall be given as provided in the fourth section
of this Act. and if 4 majority OF the shares in
such mining claim be represented at such meet
ing, then n 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
peeted OF worked, and thereafter the owners in
such mining ck,im shall be liable for their re.
spective proportion Of the expenses SO incurred
in prospecting. working or developing such
caim to the extent Of the value of their inter.
est in such claim. and thereafter assessments
my be leried from time to time, not oftener
than once in thirty days, BY any member not de-
linquent OF said mining company, against dclin.
quent 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 dclinuuent
assessment MY be c0Ilecsetb i'm This Act provided;
prov itiets, that when the mining companies have
bylaws designating what amount OF work shall
be done Oh such claim. then any assessment made
as provided in this Act shall not exceed. an
amount snlhcient to pay tor the work required by
the by -hws; and, provided, further, that no new
assessment shall be made until all previous asecs-
ments have been paid, or the remedies foy eoFiec-
tion thereof shall have been exhausted.


Sec. B. ANY mcssber Of Einng company. or
his heils. executors, administrators. er assigns ia
any mining claim, who sha9f neglect OF 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'
piration OF thirty days after such assessment. Ia
Dor or other liability has become duc, 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. A. Such notice, and all other notices
required under this Act, shall be served as fol-
lows:


10 A.


the mine is located, it shall be delivered TO him
personally, or LETT at his place of residence


Second-lI 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 sealetl 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 n week for eight sMcces.
sive weeks in some newspaper published in the
county where the mine is located. il there be
such paper. otherwise in some newspaper pub
lished in an adjoining county.


Sec. 5. If the person 80 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 20 left or for
twenty days after deposit in post or express Of
HCc Oi SuCn uOtlCc, WHcH Sucn 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 as shall he
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 NAV be
required to pay such assessment 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 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 men,
Der or members, at the time and placc 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
mcnt 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