Year: 1866

AN ACT entitled an 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 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 q time and place tor meet
ing of the members of such company for the
purpose of levyng 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 ma jority Of those present at such
meeting shall he authorized to levy such assess
ment; but, if majority of the shares in such
company be not represented at such meeting.
then a 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 incarred
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-
of Coi1 1ipip ,1s
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 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-


i0n 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 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
ticnlarly 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-lt 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
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.
flee of such notice, when such deposit has been
made or until the expiration Of the. full period
vi puoiicatlon nereln 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 thcreH 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 NAV 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. auctoneer, 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.
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 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 receiyad in ,1j Count, -,