Year: 1866

for Mining Purposes.


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


Section |. Whenever any two or more persons
being owners. occupants. or iocators of any min
ing claim. or whenever any two or more persons
shall have associated themselves together. with
or without any written agreement. (hut not as IA
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 copar.ners
forthe purpose OF prospecting or working said
claim. and shall be subject to the provisions ana


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 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 gnatng a 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
mcnt; but. il a majority OF the shares in such
company be not represented at such meeting
! then n majority OF those present shall be auth
! orized to cause the said mining claim to be pros
| peced 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 ottener
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 Tor 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 co n panios ave
! bylaws designating what amount Of work shall
! be done on such caim m, then any assessment made
AS provided in this Act shall not exceed an
amount sufficient to pay Tor the work required by
! the bylaws; and. provided further, that no new
assessment shall be made until all previous asses
mens have been paid, or the remedies for collec-
| tion thereof shall have been exhausted.
Sec. ). Any member of a mining company. or
his heits. 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
| piration of thirty days after such assessment Ia
b0r 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 f. Such notice, and all other notices
required under this Act shall be served as fol-
lows:


First If the party reside in tho 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,
! I'm " he nd nj #
| is known, such notice sh II be deposited n 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 bis place of
residence


Third-If such party reside out of the State.
Or his place of residence is unknown. such notice
shall be published ouce 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


shed in an adjoining county.


Sec. D. II 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
! fee 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 as may be
required to pay such as essment or liability to-
! gelher 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. 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
oil 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 vine and place until a sufficient number of
eet or shares is sold to pay the delinquent assess
ment or liabilities; and the officer selling shall
| execute a deed to the purchaser or purchasers
and such deed shall be received in ali Courts as
| prlma tacie evidence of the lawful authority of
the officer selling, and the regularity of all pro-
cHedings prior to the execution of the deed, and
as prima iacie evidence that all the right title
aad interest OF the party delinquent has been
lawfully and rghtfully sold and conveyed to the
purchaser, and the purchasers title to such min
| ing claim shall be absolute.


! Sec. I. The provisions of this Act shall also
apply 10 all persons who have refused or neglect.
ed to sign articles OF Incorporation or 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, is
hereby repealed.


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


its passage.


c. w. FINLEY,