Year: 1867

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 a
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. z. 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 the claim for the purpose
of prospecting. working, or developing such
claim, designating time and place tor a 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 a 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, il. majority of the shares in such



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 oftcner
than once in thirty days. by any member not de-
linquent 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 shSN
be done on such claim, then any assessment made
as provided in this Act shall not exceed an
the bylaws; and, provided, further, that no new
assessment shall be made until all previous asses
ments have been paid, or the remedies for colec-
tion thereof shall have been exhausted.
Sec. 3. 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 10 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 Ms or tnelf agent, tuat Sucn 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
ticularly 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
personally, or left 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 sealed envelope, with
postage or express charges, as the case may be,
pre- paid 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 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 an adjoining county.


Sec. 8. 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.
flee 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, 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 rs 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 dcn.
quency, and the name Of such delinquent men,
ber 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 o
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 ali Courts as
prima facie evidence of the lawful authority Of
the officer selling, and the regularity of all pro-
ceedings 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. 7. The provisions of this Act shall also
apply to all persons who have refused or neglect
ed to sign articles OF incorporation or a deed
of trust in any incorporated mining company.


Sec. 8. An Act entitled an Act concerning
partnerships for mining purposes, approved
April fourth, eighteen hundred and sixty-iour, i.
hereby repealed.


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