Year: 1867

of the Inferior NAV designate aud set apart such
portions Of the said lands as are clearly 0grcul-
tural lands, which lauds shall thereafter be sub
iect to pre-emption and sale as other pubic Lands
Of the United States. and subject to ali the laws
and regulations applicable to the same.


The NEW MINING LAW.


AN ACT entitled IN Net concerning Partnerships


for Mining Purposes


The People Of The State Of California, repre-
sentel in Senate and Assembly, do enact as
follows:


Section /. Whenever GNy two or more persons
being owners, occupants or lOcators Of any min
ing claim. or whenever any two Oh more persons
shall have associated themselves together, with
or without any written agreement, ()ut not as a
Loly corporate,) for the purpose of working or
prospecting any mining claim on any Of the
public lands OF the United States. shah after be-
Inc notified in writing by any member Of said
mining company that they have been associated
in sLd mining claim. be deemed to be coparlncrs
for the purpose OF prospecting or working said
cMim and shall be subject to the provisions and
liabilities imposed by this Act.


Sec. >. Alter a 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 a time and place tor a meet
inc oi the members of such company t0r the
purpose of lcyying such assessment; such notice
shall be given as provided in the fourth section
cf this Let. and ii minority Of the shares in
such Mining claim be represented ut 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 be auth
ovizcd 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-
lnquent of said mining company against delin-
ouent members for the collection of sufficient
amount of assessment to pay for the working
and pre-. pcctins Of such claim up to the time
such assessment is made, and such delinquent
assessment may be collected in this Act proyided;
provided, tlat 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 set shall not exceed an
amount sufficient to pay lor the work required By
the bylaws; and, provided. further, that no new
sEent Shall be made until all previous asses
ments have been paid, or the remedies for collec-
tion thereof shall have been exhausted.


See ). Any member OF mining company. or
bis heirs, executors, administrators, or assigns III
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 cX.
pirttion Of thirty days after such assessment, Ia
Dor or other liability has become due be notified
in writing by any remaining member or members,
OF 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
ticularly mention the liability which has been
incurred.


Sec A. Such notice and all other notices
required under This Act, shall bo served rs fol-
lows:


Tirst.-1r 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 II the party reside out OF the county,
hut within the State, and his place Of residence
is known, such notice sh II be deposited in post
Office or express Office, in sealed envelope, with
postage or express charges, as The case may be,
pre- >,id, 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 a 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
| llNutu III tNii iVJplIllHS CUultJ.


Sec ). If the person so notified shall neglect
or rcfuso 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 fall 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 as may be
required to pay such ass essment or liability, to-
! gether with costs OF sale.


See. 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 dcln.
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 O.


feet or shares is sold to pay the delinquent assess


mcnt or liabilities; aud the officer selling sha


execute a deed to the purchaser or purchasers


and such deed shall he received in all Courts n,