Year: 1866




as follows:


Section l. Whenever any two or more
nersous being owners, occupants, or locators,
nof anv mining claim, or when any two or
,,,ra nersons shall have associated them
,eIvas together. with or without any written
agreement (but not as body corporate, J
for the purpose of working or prospecting
anv mining claim On any of the public
lands of the United States, shall, after beng
notified in writing by any member of said
mining company that they have been assocl
ated in said mining claim, be deemed to be
conartners for the purpose of prospecting
or working said mining claim, and shall be
subject to the provisions and liabilities I'M
posed by this Act. >,
Section 3. After mining claim shall
have been located, any person who shall be
a 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
said claim for the purpose OF prospecting,
working, or developing such claim, deslgna'
ting time and place for meeting OF the
members of such company for the purpose
of levying such assessment; but II majority
of the shares in such company be not repre-.
sented at such meeting, then majority OF
those present shall be authorized to cause
the said mining claim to be prospected or
worked, and thereafter the owners IN such
mining claim shall be liable for their respect
i've proportion of the expenses so incurred IN
prospecting, working, or developing such
claim, to the extent of the value OF their IN
terest in such claim, and thereafter assess
ments may be levied from time to time, not
oftener than once in. n.thirty.days, by any mem
ber not delinquent OF SAID mining company,
against delinquent members for the collec-
tion 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 col
lected as in this Act provided; prouided, that
when the mining companies have bylaws
designating what amount of work shall be
done in such claim, then any assessment
made as provided in this Act shall not ex-
ceed an amount sufficient to pay for the work
required by the bylaws; and, prorided, fur.
ther, that no new assessment shall be made
until all previous assessments have been
paid, or the remedies for the collection there
of shall have been exhausted


Section 3. Any member of a mining COM
pany, 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 expiration of
thirty days after such assessments. labor. 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 particularly mention the
liability which has been incurred.


Section t. Such notice. and all other no.
tces required under this Act, shall be served
as follows.


First-If the party reside in the county
where the mine is located. it shall be deliver
ed to him personally or left at his place of
residence


Second-If the party reside out of the coun-
~, but within the State. and his place of
residence is known, such notice shall be de
posted in a post Office or express office, in a
sealed envelop, with postage or express char
ges, as the case may be, prepaid addressed
to such party at his place ofresidence.


Thrd-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 successive weeks, in some newspa-
per published in the county where the mine
is located if there be such paper, otherwise,
in some newspaper published in an adjoining
county.


Section 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 bad
or notice so left or for twenty days after de
post in post or express Office of such notice
when such deposit has been made, or unit
the expiration of the full period of publica
ton herein provided, when publication i:
made, thereafter such delinquent shall bt
deemed to have absolutely forfeited anC
abandoned to the other members of said min
ing company, all the right, title, claim. an(
interest owned, held, or possessed by sucl
delinquent in the said mining claim, sucl
portion thereof as shall be sufficient to salts
fv such delinquency; the remaining member
or members may sell the interest of sucl
delinquent member in and to such mining
claim, or so much of said interest as may b
required to pay such assessment or liability
together with costs of sale


Section 6. All sales under the provision.
of this Act shall be at public auction at thl
mining claim, and shall be made by any
constable of the township, auctioneer, OIL
Sheriff of the county, and by giving ter
days notice thereof by posting written no
tices in three public places within the min
ing district where such mine is located
The notice shall also specify the extent o
the interest of the delinquent. and the
amount of the delinquency, and the nam,
of such delinquent member or members, a
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 sucf
claim for sale, aud continue selling at the
same time and place until sufficient mum
Der of feet or shares is sold to pay the de
linauent assessment or liabilities. and th,
officer selling shall execute a deed to th,
purchaser or purchasers, and such deed shall
be received in all courts as prima tacie evi
dence of the lawful authority of the Office
selling. and of the regularity of all proceed
ing prior to the execution of the deed, and al
priu,a facie evidence that all the right. title
and interest of the party delinquent ha
been lawfully and rightfully sold and con
veyed to the purchaser, and the purchaser
title to such mining claim shall be absolute