Year: 1866

for Mining purposes.


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


Section !. Whenever any two or more persons
being owners, occupants, or locatofs of any min
ing claim, or whenever any two or more persons
shall have associated themselves together with
or without any written agreement out not as
body corporate for the purpose OF working Or
prospecting any mining claim on any OF tne
public lands of the United States, shall after De.
ing notified III writing by any mem"er OF s'ld
mining company that they have oeen assocmted
| for the purpose of prospecting or working said
claim, and shall be subject to the provisions aud
liabilities imposed by this Act.


Sec. 2 After mining claim shall have been
located any person who shall be a 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 aud place tor 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 a majority Of the shares in such
company be not represented at such meeting.
then majority of those present shall be auth
orized TO cause the said mining claim to be pros
pec,ed 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 oltener
than once in thirty days, by any member not de-
! linouent of said mining company, against dclln-
uuent members for the collection Of sufficient
tofa NJ to for a NO
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 ave
! by laws 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 prev ous asses
ments have been paid, or the remedies for colec-
| tion thereof shall have been exhausted.
| Sec. 3. 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.
piration 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
ticularly mention the liability which has been
incurred


Sec 4. Such notice. and all other notices
required under this Act, shall he 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-If 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 ioI
twenty days after deposit in post or express of
fee Of such notice, when such deposit has beer
. 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
!
pany all the right, title, claim and interest owned
held, or possessed by such delinquent in the said
mining claim, such portion thereof rs shall bt
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 bt
required to pay such assessment 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. auctfoncer 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 he within the district
where the mine is located, and shall commence
by Offering the smallest number of feet shares
in such claim for sale and continue selling at the
same time and place until sufficient number o


feet shares is sold to pay the delinquent
S ment or liabilities; and the officer selling shall
r execute a deed to the purchaser purchasers
. and such deed shall be received in all Courts a
prma facie evidence of the lawful authority o


the officer selling, and the regularity Of all pro
c"edings prior to the execution O: the deed, ant
as prima facie evidence that all the right title
and interest of the party delinquent has beer
lawfully and rightfully sold and conveyed to the
! purchaser, and the purchasers title to such min
ing claim shall be absolute.


Sec. T. The provisions OF this Act shall also
apply to all persons who have refused or neglect
ed to sign articles of Incorporation or deco
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-four, il


hereby repealed.


Sec. g. This Act shall take effect from and afte


its passage.