Year: 1866

! AN ACT entitled an Act concerning Partnerships


for Mining Purposes.


scnted 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 tw" or more persons
shall have associated themselves together. with
| or without any written agreement. (but not Il


body corporate,) for the purpose o 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 memter of said


mining company that they have been associated
| in said mining claim, be deemed 10 be copar'neis
| for the purpose of prospecting working std


claim, and shall he subject to the provisions and


liabilities imposed by this Act


Sec. ?. After mining claim shall have been
| located, any person who shall be member OF


the company, desiring TO WORK eaid cla'm' 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 time aud 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 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, If majority Of the shares in such
,
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-
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 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 prov ded;
provided. that when the mining companie. 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 Tor the work required by
the BYLAWS; aud, provided. further, that no new
assessment shall be made until all previous asses
ments have been paid, or the remedies for collec-
ton thereof shall have been exhausted.
Sec. g. 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'
pration of thirty days after such assessment. la


bor 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


ticulary 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 III the party reside out OF the county,
but within the State. and his place OF residence
is known. such notice shJll be deposited in post
Office or express Office, in sealed envelope, with
postage or express charges, as the case may be,
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. 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 or notice SO left, 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
! s made. thereafter such delinquent shall be
/


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 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 mach of said interest as may be
required to pay such essment or liability, to-
gelher with costs of sale.


Sec. 6. All sales under the provisions of this
Act shall he at public auction at the mining
claim and shall be made by any Constable of the
township. auclioneer, 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-
uuency. 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 shares is sold to pay the delinquent assess


ment or liabilities; and the officer selling shall


execute n deed to the purchaser or purchasers,


and such deed shall be received in all Courts az
| prima tacie evidence of the lawful authority Of


the officer selling. and the regularity of all pro-


c"edlngs prior TO the execution Of the decd. 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 a deed
of trust in any Incorporated mining company.
See. g. An Act entitled an Act concerning
partnerships for mining purposes, approved
April fourth, eighteen hundred and sixty -four, is
hereby repealed.


n l.: 1kct.. I. IT.