Year: 1866




AN ACT entitled an Act concerning Partnerships
for Mining Purposes.


The People Of the State Of California repre-
sented in Senate and Assembly, do enact as
follows


Section l. 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
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 copartners
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 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, desi ignating time and place Tor y meet
ing of the members of such company for the
purpose Of leyying 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
meeting shall he authorized to levy such assess
ment; but, il majority of the shares in such
company be not represented at 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-
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 oftener
than once in thirty days, by any member not de-
lnquent 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 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 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. further, that no new
assessment shall bs made until all previous asses
ments have been paid, or the remedies for collec-
ton thereof shall have been exhausted.
Sec. g. Any member OF a 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.
piration of thirty days alter such assessment. la
Dor or other liability has become due, he notified
| in writing by any remaining member or members,
CT 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, it shall be delivered to him
personally, or left at his place OF residence.


Second If the party reside out oil the county,
but within the State. and his place oil residence
10 hnuwu, sucn notice shall be deposited in post
office or express Office in a 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 q week for eight success.
sve 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. Ii 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 bis residence, when
such service has been had or notice left or for
twenty days after deposit in post Or express Of
fee Of such notice, when such deposit has been
made, or until the expiration or the full period





is made, thereafter such delinquent shall be
deemed to have absolutely forfeited and aban-
doncd to the other members OF said iniGing 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 such delinquency; the reuaaiu.
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 10y any Constable Of the
| township auctioncer, 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 place of such
sale. which place shall be within the district
where the zine is located, apd sbal! 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 a sufficient number of
feet or shares is soad to pay the delinquent assess
ment or liabilities; and the officer selling shall
execute deed to the purchaser or purchasers
and such deed shall be receyed in all Courts as
| prlma iacie evidence of The lawful authority of
the officer selling, and the regularity of all pro-
c"edngs prior to the execution OF the deed, and
| as prima hce evidence that all the right title
and interest Of the party delinquent has been
lawfully and rightfully sold and conveyed to the
purchaser, and the purchasers title to such 4un-
| ing claim shall be absolute.


Sec 7. The provisions OF this Act shall also
apply to all persons who layc refused or neglect
ed to sign articles OF incorporation or a deed
OF trust in any incorporated mining company.
| Sec. 8. An Act entitled an Act concerning
partnerships for mining purposes, approved
April fourth, eighteen hundred and sxty-iour, is
hereby repealed.


Sec 8. This Act shall take effect from and after
its passage