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 rs
follows:


Section l. Whenever any twoor 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
inslid 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


See. 2. After Il 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 Il meet
ing OF the members OF such company for the
purpose of levying such assessments such notice
shall be given as provided in the fourth section
of this Act. and if majority of the shares in
| such mining claim be represented at such meet
! ing. then majority of those present at such
meeting shall he authorized to levy such ASSESS





company be not represented at such meeting.
| then majority Of those, present shall be auth
orized TO cause the said mining claim to he 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. 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 oltencr
than once in thirty days by any member not de-
linqucnt OF said mining company, against drln
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
by laws 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 be made until all previous asses
ments have been paid, or the remedies for collec-
| tion thereof shall have been exhausted.
Sec. 3. Any member Of mining company or
| his hes. 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 d,ya after such assessment Ia
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-
| icullrly mention the liability which has been
| incurred


! Sec. T. 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 he delivered to him
| ln1f nj nj If
Second If the party reside ont OF the county,
but within the State. und his place OF residence
is known. such notice sh II be deposited in a post
| office or express Office, in ealed envelope with
postage or express charges, the case may be-
pre- paid, addressed to such party at bis 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 Tor 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. 5. At the person so lotifed 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
| flee Of such notice, when such deposit has been
made. or until the expiration OF the full period
If publication herein provided. when publication
|
deemed to have absolutely forfeited and aban-
doned to the other members Of said mining CON-
pany all the right. iiile 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 and to such min
| ing claim, much OF said interest n may be
required to pay such rs essment or liability to-
| gethcr with costs Of SALE


| Sec. q. III sales under the provisions of this
Act shall lie at public auction at the mining
claSl, 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 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 sbaii commence
| by Offering the smallest number Of feet or shares
| in such claim for sale. and continue selling ut the
same time and place until 4 sufficient number Of
feet or shares is sold to py the delinquent assess
ment or liabilities; and the officer selling shall
| execute deed to the Purchaser or purchasers,
and such deed shall he received in all Courts as
| prima lacie evidence OF the lawful authority of
the officer selling. and the regularity of all pro-
c"edinss prior to the execution o: the deed, and
rs prima facie evidence that all the right title,
and interest Of the party delinquent has been
lawfully and rightiuily sold and conveyed to The
purchaser, and the purchasers title to such min
ing claim shall he 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 q deed
of trust in any Incorporated mining company


Sec. g. An Act entitled an Act concerning
partnerships for mining purposes, approves
April fourth, eighteen hundred and sixty-iour is
hereby repealed.


Sec.9. This Act shall take effect from and after