Year: 1866

for Mining Purposes.


The People of the State of California, repre-
sented in Senate and Assembly. 90 enact as
follows:


Section /. Whenever any two OF more persons
being owners, occupants, or locators Of any min
ing claim, or whenever any two or mcre persons
shall have associated themselves together, with
or without any written agreement, (hut not AZ L
body corporate,) for the purpose oI workng = or
prospecting any mining claim Oh Iny OF the
public lands of the United States shall after be-
ing notified in writing by any memoir OF s'id
mining company that they have been associated
in said mining claim, be deemed TO be copartners
for the purpose OF prospecting or working SAM
claim. and shall be subject to the pro'lslohs ana
! liabilities imposed by this Act.


Sec ?. After 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, designating time aud place ior a meet
ing of the members OF such company Tor 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 be authorized to levy such assess
ment; bat, il majority OF the shares in such
company he not represented ut such meeting,
tncu Il majority OF tuOse present ouult We uutu-
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 10 the extent OF the value of their inter
est in such claim. and thereafter assessments
may be levied from time to time. not ottener
than once in thirty days, by any member not de-
lnquent of said mining company. against dclin
quent members for the collection OF sufficient
| amount OF assessment to pay Tor the working
aud 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 10 pay Tor the work required by
the bylaws; aud. provided, further, that no new
| assessment shall be made until all previous asses
mens have been paid. the remedies iOr co!lec-
tion thereof shall have been exhausted.


Sec. 3. Any member OF mining company. or
his heiis 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'
p,ation 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. 4. Such notice, and all other notices
required under this Act, shall DE 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-It the party reside out OF the county,
but within the State, and his place o residence
| is known. such notice sh II he deposited in post
Office or express office, in sealed envelope, with
| postage or express eharges, as the case may be-
| pre- paid. address ed 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 ). If the person so notified shall neglect
or refuse to pay or discharge such assessments
work 6r 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-
|
pauy all the right, title, claim aud 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 much OF said interest as may be


required to pay such as essment or liability, to-
| gether with costs of sale.


Sec. G. 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.
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 deed to the purchaser or purchasers,


and such deed shall be received in all Courts as


prima iacie evidence of the lawful authority of


the officer selling, and the regularity of all pro-


cnedngs prior to the execution OF the deed. and


as prima iace evidence that all the. right, ttic


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. r. 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. s. An Act entitled an Act concerning
partnerships for mining purposes, approved
April fourth, eighteen hundred and sixty-lour, is


hereby repealed.


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