Year: 1866

sessment may be collected as in this Act
provided; prorided. that when mining COM
panies have bylaws designating what
amount of work shall be done in such claim,
then any assessment made as provided in this
Act shall not exceed an amount sufficient to
pay for the work required by the bylaws;
and, prorided, further. that no new assess
ment shall be made until all previous assess
ments have been paid. or the remedies for
the collection thereof shall have been ex-
hausted.


SEC. 8. Any member of a mining compa-
ny, or his heirs, executors. administrators, or
assigns, IN any mining claim. who shall neg
lect 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 assessment, labor. or
other liability has become due, be notified in
writing by any remaining member or men,
bers, or by his or their agent, that such as
sessment, 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.


SEC. 4. Such notice, and all other notices
required under this Act, shall be served as
follows:


First-f the party reside in the county
where the mine is located, it shall be deliv-
cred to him personally or left at his place of
residence. s


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 onice, in
sealed envelope, with postage or express
charges, as the case may be, prepaid, address
ed to such party at his place of residence.


Third-H such party reside out of the State
or his place of residence is unknown. such
notice shall be published once week, for
eight successive weeks, in some newspaper
published in the county where the mine is
located, if there be such paper. otherwise in
some newspaper published in an adjoining
county.


SEC. 5. If any person SO notified shall
neglect or refuse to pay or discharge such as
sessments, work, or liability, for ten days af-
ter personal service, or leaving notice at his
residence, when such service has been had
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 until
the expiration of the full period of publica-
ton herein provided, when publication is
made, thereafter such delinquent shall be
deemed to have absolutely forfeited and
abandoned to the other members of said min
ing company, all the right. title, claim, or
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 remaining member or
members may sell the interest of such delin-
quent member in and to such mining claim,
or so much of said interest as may be re-
quired to pay such assessment OF 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 delinquen-
cy, and the name of such delinquent member
or members, at the time and place of such
sale, which place shall be within the district
where the mine is located, and shall COM
mence by offering the smallest number of feet
or shares in such claim for sale, and continue
selling at the same time or place until suf-
hclent number OF feet or shares is sold to pay
the delinquent assessment or liabilities, and
the officer selling shall execute deed to the
purchaser or purchasers, and such deed shall
be received mall courts as prina facie evi-
dence of the lawful authority of the officer
selling, and of the regularity of all proceed
ings prior to the execution of the deed, and
as prinaa facie evidence that all the right, til
tie, and interest of the party delinquent has
been lawfully and rightfully sold and con-
Tseyed to the purchaser. and the purchasers
title to such mining claim shall be absolute.


SEC. I. The provisions of this Act shall
also apply to all persons who have refused
or neglected to sign articles of incorporation
or deed of trust in any incorporated mining
company.


SEC. s. An Act entitled an Act concern
ing partnerships for mining purposes, ap-
proved April 4th, 1864, is hereby repealed.


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