Year: 1866

THE NEW MINING LAW.
AN ACT entitled all 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 loeators 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


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 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 Il 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 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 be authorized to levy such assess
ment; but, if. q majority of the shares in such
company be not represented ut 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 oftener


than once in thirty days, by any member not de-
linquent of said mining company, against deln-
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 IN


amount sufficient to pay for 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. B. ANY member Of a 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 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 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
| tculary 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-1f 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 his place Of residence


is known, such notice shall be deposited in q post


office or express Office, in a sealed envelope, with
! postage or express charges, as the case may be,


prepaid, 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


lshed in IN 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 notice so left, or for
twenty days after deposit in post or express of.
| flee OF such notice, when suoh 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, 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 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 men,
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 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 n ii Coupts a,