Year: 1867

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 themselve, together, with
| or without any written agreement, (but not ~ q
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 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 a 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 majority of the shares in
such mining claim be represented at such meet


ing, then majority of those present at such
meeting shall be authorized to levy such assess
ment; but, if majority of the shares in such
company be not represented at such meeting.
|
orzcd 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-
spectiye 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-
linquent of said mining company, against dcln
uuent 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 for the work required by
the by laws and, provided, further, that no new
assessment shall be made until all previous asses
ments have been paid or the remedies for collec.
ton thereof shall have been exhausted.


Sec. :. 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 TO perform
any labor or other liability which shall become
due from him under this Act, may, after the cx
piration of thirty days after such assessment. Ia.
Dor or other liability has become due, be notified
in writing by any remaining member or members,
OF 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 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 envelope, with
postage or express charges as the case may be,
pre- paid, 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 a 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
lshed in an adjoining county.


Sec. s. If the person so 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, 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 CON-
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 may 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. 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 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 a sufficient number ol


feet or shares is sold to pay the delinquent assess
e mcnt or liabilities; and the officer selling shall


execute deed to the purchaser purchasers
$ and such deed shall be received in ali Courts as
t prima facic evidence of the lawful authority ol
e the officer selling, and the regularity of all pro.
c"edings prior to the execution OF the deed, and


as prima iacic evidence that all the right, title
0 and interest Of the party delinquent has been


lawfully and rightfully sold and conveyed to the
+ purchaser, and the purchasers title to such min
n ing claim shall be absolute.


: Sec. 7. The provisions of this Act shall also


apply to all persons who have refused or neglect
C ed to sign articles Of incorporation or 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 sixty -four, il
I hereby repealed.


Sec Q. This Act shall take effect from and after


its passage.


A MAN at Nevada caught a tarantula The


oihAr day and nicllad him in linuor La !,