Year: 1867

AN ACT entitled an Act concerning Partnerships
| for Mining Purposes.


The People Of the State of California, repre-
scnted in Senate and Assembly, do enact as
| follows:


Section l. Whenever any two or more persons
being owners, occupants, or locators of any E,n-
| ing claim, or whenever any t;7o or more persons
| shall have associated themselves together, with
or without any written agreement (but not as q
body eorporate) 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 he 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
claim, desi gnating 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 he authorized to levy such assess
ment; but, If a majority Of the shares in such
company be not represented at such meeting,
then q 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 oftcncr
than once in thirty days BY any member not de-
lnquent Of said mining company, against delin.
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
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 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-
| tion thereof shall have been exhausted.
Sec. 5. Amy member of mining company. or
his heils 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.
piration of thirty days after such assessment. la
Dor 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 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 be delivered to him
| ,11tyo tott 81 hs H.
Second-1f 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.


Thrd-If such party reside out of the State,
or his place of residence is unknown, such notice
shall be published once q 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 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, 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 COM
pany all the right tile 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 mcrAber 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 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
Quency, and the name Of such delinquent mem.
Der or members, Mt 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 or shares is sold to pay the delinquent assess


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 deed, and


as prima hcie 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 have refused or neglect


ed to sign articles Of incorporation or q 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 sixty-iour, is


hereby repealed.


Sec. 3. This Act shall take effect from and after
its passage.