Year: 1866




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 lis Il
body corporate.) for the purpose OF working or
prospecting any mining claim Oh 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
| claim. desi gnating 4 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 a 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 he 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-
spectve 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 delin.
| mpmhprs for the cOllpctOn nj cuffoionf
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 ave
! 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 for the work required by
the bylaws; and, provided, further, that no new
assessment shall be made until all previous
ments have been paid, or the remedies for coec-
| tion thereof shall have been exhausted.
Sec. 3. 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 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 us fol-
| lows:


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


Second-lf 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 a sealed envelope, with
postage or express charges as the case may be,
prepaid, addressed to such party at his place Of
residence.


Third-1f 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
sve 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
QeemeO 10 nave aDSOIutely FORFEITED ana 0Dln-
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 rs 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 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 dclin-
| 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 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 a deed to the purchaser 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 facie 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. z. The provisions OF this Act shall also
apply to all persons who have refused or neglect
ed to sign articles Of incorporation or deed
of trust ia any incorporated mining company.


Sec. s. An Act entitled an Act concerning
partnerships for mining purposes, approved
April fourth, eighteen hundred and sixty -four, is
hereby repealed.


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


c. W.. Finley,


COU N TY SURV YOR.