Year: 1866

for Mining Purposes.


The People of the State Of California, repre-.


sented in Senate and Assembly, do enact as
| follows:


Section |. 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 rs 4


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 s,id mining claim, be deemed to be coparlners


for the purpose of prospecting or wo'king said


claim. and shall be subject to the provisions and


liabilities imposed by this Act.


Sec 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, desi gnating 4 time and place tor a 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 a majority of those present at such
meeting shall he authorized to levy such assess
| ment but, if 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 he 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 III such claim, and thereafter assessments
may be levied from time to time, not otener
than once in thirty days, by any member not de-
lnquent OF said mining company, against dclin
quent members for the collection of sufficient
| "A a u
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 ave
| 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 requiredb 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-
ton thereof shall have been exhausted.


Sec. 8. Any member of mining company. or
his heiIs. 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 ex.
pration of thirty days after such assessment, Ia
Dor or other liability has become due, be notified
! in writing 10y any remaining member or members,
| or by his or their agent, that such assessment,
labor. or other liability, is due, which written
QOtlcc snail specify the name OF Sucu nlne, ana


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:


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 bis 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 week for eight success.
siye 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. 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 or notice so left, or for
twenty days after deposit in post or express Of
! fee OF such notice, when such deposit has been
made, 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 aud aba:i-
doned to the other members Of said mining COM
pany all the light, 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 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 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
o1, md CHI ho do Tom al, Of
township. auctioneer, 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 dcin-
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
wher he mine is located and shall commence
by oiit ing the smallest number of feet or shares


in such aim for sale. and continue selling at the
| same time and place until sufficient number of
feet shares is sold to pay the delinquent
ment or liabilities; and the officer selling shall
| execute deed to the purchaser or purchasers,


and such deed shall be received in all Courts as
prima facie evidence of the lawful authority of


the officer selling, and the regularity of all pro-


c"edings prior to the execution OF the decd, and


as prima facc evidence that all the right, ttle


and interest Of the party delinquent has been
lawfully and rightfully sold and conveyed to the
purchaser, and the purchasers title to such min
! Ing claim shall be absolute


| Sec. T.. 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. s. An Act entitled an Act concerning
partnerships for mining purposes. approved
April fourth, eighteen hundred and sixty y-tour is
hereby repealed.


! Sec. 9. This Act shall take effect from and after
! its passage.