Year: 1866

AN ACT entitled an ACT concerning faTtUersnlps


The People of the State of California, repre-
sented in Senate aud 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, Out not as
body corporate.) for the purpose OF working or
| prospecting any mining claim on any ol the
public lands Of the United States, shall after DC,
ing notified in writing by any member OF said
mining company that they have oeeh associated
| iu said mining claim, be deemed to be coparners
| for the purpose of prospecting or working said
claim, and shall be subject to the provisions and
liabilities imposed by this Act.


Sec ,. 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 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.
! then majority Of those present shall be auth.
orized 10 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-
linquent Of said mining company, against delin-
,l,,yc f.ne f,a 1nlln or
amount of assessment TO pay Tor 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;
divided. that when the mining co npanles ave
bylaws designating what amount Of work shall
| be done on such claim. then any assessment made
rs provided in this Act shall not exceed an
amount sufficient to pay Tor the work required by
the bylaws; aud, 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. 5. Any member of mining company. or
bis heils. eXecu ors, adm Illustrators, 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'
piration of thirty days after such assessment Ia
Dor other liability has become due, be notified
in writing by any remaining member OF members,
or by his or their agent, that such assessment,
iaDOr. or otDer lldDlllly, Is uue, winch 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 whore
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
lished in an adjoining county.


Sec. 5. If the person so notified shall neglect
or refuse to pay OF discharge such assessments
work, OF liability, for ten days after personal
service or leaving notice at his residence, when
such service has been had or notice SO left or Tor
twenty days after deposit in post or express Of
fee 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



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 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 he 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 dcln
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 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 shares is sold to pay the delinquent
ment or liabilities; and the officer selling shall
, execute deed to the purchaser purchasers,
and such deed shall be received in al Courts as
prima facie evidence of the lawful authority oil
the officer selling, and the regularity of all pro-
c"edings prior to the execution OF the decd and
as prima facie 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 min
ing claim shall he absolute.


Sec. I. The provisions OF this Act shall also
apply to all persons who have refused or neglect
ed to sign articles Of incorporation or a deed
OF trust in any Incorporated mining company


Sec. s. An Act entitled an Act concerning
partnerships for mining purposes, approved
April fourth eighteen hundred and sxty-iour, is
hereby repealed.


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