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 a
body corporae) 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
clam, designating time and place tor 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 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
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-
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 olener
than once in thirty days, by any member not de-
| linquent 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
| 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-
ton thereof shall have been ei austed.


Sec. g. 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 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
| III WIltllIS lCLud!uluS Leulucl VI WGiEDes5,
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 s located, and shall par
tcularly 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 he delivered to him
personally or left at his place OF residence.
Second-If the party reside out OF the county,
but within the State. nd his place of 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,
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.
| 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. o. II the person 80 pGtihed shall neglect
or refuse to pay or discharge such assessments,
work, or liability, for ten days after personal
service or leaving notice az his residence, when
such service has been had or notice so left, for
twenty days after deposit in post or express of.
| fee of such notice, when such deposit has been
made, or until the expiration OF tho full period
of publication herein provided. when publication
is made, thereafter such delinquent shall be
deemed to have absolutely forfeited and al,an-
| doncd to the other members OF said s1iSiIg COM
pany all the right tile, claim and int crest owned
held. or possessed by such delinquent in the said
mining claim such portion thereof as shall be
sufficient to satisfy such delinquency; the rensaia
| 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 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 E,ne 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 sod to pay the delinquent
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
prima tacie evidence of The lawful authority of
the officer selling, and the regularity of all pro-
c"edings prior to the execution OF the deed, and
as prima iacie 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 be absolute.


Sec 7. The provisions of this Act shall also
apply to all persons who Eayc 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 sixty-iour, is
hereby repealed


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