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corporation having the charge of such transfer agency; and no stock shall be issued at such transfer agency unless the certificate or certificates of stock in lieu of which the same is issued shall at the time of such issuance be surrendered for cancellation.
SEC. 3. The stockholders of any such corporation may pass by-laws for the regulation and conduct of any such transfer agency: Provided, The same be not inconsistent with the provisions of this act. And such transfer agency shall at all times be subject to the control of the trustees of said corporation.
SEC. 4. All acts or parts of acts inconsistent herewith are hereby repealed.
AN ACT supplementary to an act to amend "An act defining the time for commencing civil actions", passed April 22, 1850, p. 6e,
approved April 18, 1863. (Approved February 18, 1864; Cal. Stats., 1863–64, p. 91.) SECTION 1. No action for the recovery of property in mining-claims, or for the recorery of the possession thereof, shall be maintained unless it appears that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the premises in question within two years before the commencement of this action.
SEC. 2. No cause of action or defense to an action founded upon the title to property in mining-claims, or to the rents or profits out of the same, shall be effectual unless it appear that the person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person was seized or possessed of the premises in question within two years before the commencement of the act in respect to which such action is prosecuted or defense made.
SEC. 3. This act shall take effect from and after its passage.
AN ACT to regulate the rights of the owners of mives. (Approved April 1, 1870; Parker's Gen. Laws Cal., p. 336.) SECTION 1. The owner or owners of mines or mining.claims in this state shall have a right of way for ingress and egress, for all necessary purposes, over and across the land or mining.claims of others, as hereinafter prescribed.
SEC. 2. Whenever any mine or mining-claim shall be so situated that it cannot be conveniently worked without a road thereto, or a ditch to convey water thereto, or a ditch or cut to drain water therefrom, or without a flame or tunnel thereto, or a place whereon to dump or deposit tailings, and such road, ditch, or drain, or such flume or tunnel shall necessarily pass over, across, or through or under, and such place of deposit be upon mining-claims or other lands owned or occupied by others, then shall such first-mentioned owner or owners be entitled to a right of way for such road, ditch, drain, flume, or tunnel over, across, or through or under or to such place of deposit upon such other mining.claims or lands, upon compliance with the provisions of this act.
Sec. 3. Whenever the owner or owners of any mine or mining.claim shall desire to work the same, and it is necessary, to enable him or them to do so conveniently, that he or they should have a right of way for any of the purposes mentioned in the foregoing sections, or that he or they should bave a place for dumpage and deposit of tailings, as mentioned in the preceding section, and such right of way or place of deposit shall not have been acquired by private agreement between him or them and the owners or occupants of the claims or lands over, across, under, or upon which he or they seek to establish such right of way or place of deposit, then it shall be lawful for bim or them to present to the county court, or to the county judge if the court be not in session, of the county wherein such mine or claims are situated, a petition, praying that such right of way or place of deposit be awarded to bim or them. Such petition shall be verified and shall contain a particular description of the character and extent of the right sought, a description of the mine or claims of the petitioners and of the claims or lands to be affected by such right or privilege, with the names of the owners or occupants thereof. It shall also show that such right or privilege has not been acquired by private agreement or contract between the respective parties, and shall conclude with a prayer for the allowance thereof by the court or judge, and the appointment of three commissioners to assess the damages resulting from such allowance.
SEC. 4. Upon the receipt of such petition and the filing thereof in the office of the clerk of the county court, the court or judge, as the case may be, shall direct a citation to issue, under the seal of the court, to the owners, named in the petition, of mining-claims or lands to be affected by the granting of such right or privilege, requiring them and each of them to appear before such court, or the judge thereof if the court be not in session, on a day therein named, which shall not be less than ten days from the service thereof, and show cause why such rigut or privilege should not be awarded or allowed, and such commissioners appointed as prayed for. Such citation shall be served on each of the parties therein named in the manner prescribed by law for the service of summons in ordinary proceedings at law.
SEC. 5. Upon the day named in the citation, or upon any subsequent day to which the hearing may be adjourued, the county court, or the county judge if the court be not in session, shall proceed to hear the allegations and proofs of the respective parties, and if satisfied that the claims of the petitioners can only be conveniently worked by means of the right of way, privilege, or place of deposit prayed for, shall make an order adjudging and awarding to such petitioners such right of way, privilege, or place of deposit, and appointing three disinterested persons, residents of the county, as a commission to assess the damages resulting to the owners of mining-claims or lands affected thereby.
Sec. 6. The commissioners so appointed, being duly sworn, shall proceed without delay to examine the mine or claims of the person or persons petitioning, as well as the mining-claims or lands to be affected by the right or privilege prayed for. They may also hear testimony relative to the value of such mining.claims or lands, and the damages resulting from such right or privilege, and report in writing the result of their inquiries to the court or judge appointing them. Such report shall designate the course or line and dimensions of the road, ditch, drain, flume, or tunnel (as the case may be), or the place of deposit prayed for. It shall further designate the value of the lands to be occupied by or appropriated to and for such right of way or place of deposit, and assign the damages which each of the owners or occupants of mining.claims or lands affected by such right of place or deposit shall suffer in consequence thereof.
Seo. 7. Within ten days from the filing of such report, any of the parties concerned in the same may move, for cause shown by affidavit, to set aside the same; and if, upon the hearing of such motion, such court or judge shall set aside or vacate such report, a new commission shall be appointed, which shall proceed in all respects as is provided for the first commission. If no motion to set aside the report of the first or any succeeding commission be made as provided in the last section, or if, being made, it is denied, then the same shall be regarded as final, and an order shall be made by the court or judge in pursuance thereof.
SEC. 8. Upon the payment of the sum assessed as damages to each of the owners or occupants of claims or lands to whom the same shall have been awarded by the report and order mentioned in the preceding section, then the person or persons petitioning shall be entitled to the right of way or place of deposit, as designated and defined by such report, over or upon the land or claims of the person or persons receiving such compensation, and he or they may, upon making such payment, proceed to occupy the line, route, way, or place of deposit so designated, and to erect thereon such works and structures, and make such excavations, as may be necessary to the use and enjoyment of the right of way or place of deposit so awarded.
SEC. 9. Whenever the owner or owners of any mine or mining.claims are desirous, in working the same, to carry off the tailings and other refuse matter through and along any water course, ravine, or natural outlet, which is in whole or in part owned or occupied by other persons for mining or other purposes, then such first-mentioned owner or owners may proceed, in the manner hereinbefore provided, to have such right and privilege awarded to him or them: Provided, nevertheless, That the county court or judge shall not make such award or appoint a commission unless such court or judge shall be satisfied that the right or privilege sought can be enjoyed without especial injury to those owning or occupying claims or lands along or upon such water course, ravine or outlet.
Sec. 10. All costs and expenses shall be paid by the party making the application, and the commissioners appointed shall receive fire dollars per day for each day actually engaged in the service.
AN ACT 10 secure to the winers of this state pure and unadulterated quicksilver. (Approred March 10, 1866; Parker's Gen. Laws Cal.,
SECTION 1. Every company or person within this state engaged in the production of quicksilver by mining for the purposes of sale, and every firm, company, or person importing into this state quicksilver for the purpose of sale, shall cause to be prepared a metallic stamp of such forin and character as may enable such company or person to impress upou wax or other plastic material the seal hereinafter provided. Such stamp shall be so constructed that either by characters engraved upon the same, or moveable types and dies connected therewith, there may be impressed a seal, showing:
First. The name of the company, firm, or person producing or importing the quicksilver.
SEC. 2. Before any tank of quicksilver shall leave the works of any mining company engaged in the production of the same for sale, or the warehouse of any firm or person importing such quicksilver for sale, such company, firm, or person shall cause a seal of wax, or other plastic material adapted to the purpose, to be applied to the tap, plug, or orifice through which such tank is filled, in such a manner that such tap or plug cannot be removed or disturbed, or such orifice opened without breaking or displacing such seal. Such seal when thus applied shall be impressed with the stamp abore provided, in such manner that such seal shall exhibit plainly all the characters required of euch stamp
SEC. 3. Any person who shall forge or falsely fabricate the stamp or seal of any company, firm, or person, as herein provided, or attach the same to any tank or vessel of quicksilver, shall be deemed guilty of forgery, and, upon conviction, shall be punished by imprisonment in the state prison for the period of not less than one nor more than five years.
Sec. 4. Any person who shall willfully and knowingly adulterate and debase any quicksilver designed for sale, or that may hereafter be offered for sale, by mixing with such quicksilver any lead, antimony, or other base metal, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in a sum not exceeding one thousand dollars, or imprisonment in the county jail not exceeding one year, or both such fine and imprisonmeut.
SEC. 5. Any vendor of quicksilver who shall vend or sell to any person any quicksilver debased or adulterated, by mixture with the same of any lead, antimony, or other base metals, shall be liable to tho purchaser of such quicksilver for all the damages and injury sustained from such debasement, to be recovered by such purchaser in a civil action. And such damages, when ascertained by the court or jury, shall be at once quadrupled by the court, or by the clerk by order of the court, and judgment for four times the damages proven shall be entered in favor of the plaintiff and against such defendant: Provided, That nothing contained in this section shall be taken to apply to any person selling quicksilver that has been already employed in mining or the mechanical arts, and who, when selling the same, shall state to the purchaser that such quicksilver has been thus employed.
AN ACT entitled an act concerning partnerships for mining purposes. (Approved April 28, 1866; Parker's Gen. Laws Cal., p. 338.)
SECTION 1. Whenever any two or more persons, being owners, occupants, or locators of any mining-claim, or when any two or more persons shall have associated themselves together, with or without any written agreement (but not as a body corporate), for the purpose of working or prospecting any mining.claim on any of the pablic lands of the United States, shall, after being notified in writing by any member of said mining company that they have been associated in said mining-claim, be deemed to be copartners for the purpose of prospecting or working said mining-claim, and shall be subject to the provisions and liabilities imposed by this act.
SEC. 2. After a 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 said claim for the purpose of prospecting, working, or developing suelt claim, designating a time and place for a meeting 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 meeting, then a majority of those present at such meeting shall be authorized to levy such assessment; but if a majority of the shares in such company be not represented at such meeting, then a majority of those present shall be authorized to cause the said mining.claim to be prospected or worked; and thereafter the owners in such mining-claim shall be liable for their respective proportion of the expenses so incurred in prospecting, working, or developing such claim to the extent of the value of their interest in such claim; and thereafter assessments may be levied from time to time, not oftener than once in thirty days, by any member not delinquent of said mining company, against delinquent 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 as in this act provided : Prorided, That when the mining companies have by-laws designating what amount of work shall be done in 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 by-laws: And provided further, That no new assessment shall be made until all previous assessments have been paid, or the remedies for the collection thereof shall have been exhausted.
SEC. 3. Any member of a mining company, or his beirs, 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 expiration of thirty days after such assessment, labor, 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 snch mine and the district wherein it is located, and shall particularly mention the liability which has been incurred.
SEC. 4. Such notice and all other notices required under this act shall be served as follows:
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 a post-office or express-office, in a sealed envelope, with postage or express charges, as the case may be, prepaid, 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 successive weeks in some newspaper published in the county where the mine is located, if there be such paper; otherwise, in some newspaper published 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 beeu had, or votice so left, or for twenty days after deposit in post or express office 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 delinquents shall be deemed to have absolutely forfeited and abandoned to the other members of said mining company 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 remaining member or members may sell the interest of such delinquent member in and to such mining-claim, or so much of said interest as may be required to pay such assessment or liability, together with costs of sale.
SEC. 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 delinquency, and the name of such delinquent member 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 a sufficient number of feet or shares is sold to pay the delinquent assessment or liabilities; and the officer selling shall execute a deed to the purchaser or purchasers, and such deed shall be received in all courts as prima facie evidence of the lawful authority of the officer selling, and of the regularity of all proceedings prior to the execution of the deed, 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 purchaser's title to such mining-claim shall be absolute.
Sec. 7. The provisions of this act shall also apply to all persons who have refused or neglected to sign articles of incorporation or a 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-four, is hereby repealed.
AN ACT to authorize and direct the municipal authorities of the several cities and incorporated towns of this state to executo certain
trusts in relation to the town lands granted to the incorporated cities and towns in this state by the act of Congress entitled "An act for the relief of the inhabitants of cities and towns upon the public lands ”, approved March second, eighteen hundred and sixty-seven. (Approved March 24, 1868; Parker's Gen. Laws Cal., p. 443.) (NorE.- Aster providing for the survey, sale, etc., of such lavds, it is provided that deeds shall issue to purchasers; and it is then ing
SECTION 9. *** Prorided, further, That whenever mining-claims shall have been located prior to the passage of this act, and when the same shall be prior in location to the claim of any occupant for other purposes, such mining rights, according to the metes and bounds so located and claimed, shall not in any manner be affected by the provisions of this act; nor shall any sale be made nor any title be conveyed by reason of any sale or pretended sale of such lands so claimed for mining purposes until after the occupancy of such mining-claims shall have been abandoned by the holders thereof.
CIVIL CODE: 1872.
TITLE X, Cuar. IV:-MINING PARTNERSHIPS.
Sec. 2511. When a mining partnership exists.
2516. Partnership not dissolved by sale of interest. 3512. Express agrcement not necessary to constitute.
2517. Purchaser takes, subject to liens, unless, etc. 313. Profits and losses, how shared.
2518. Takes with notice of lien, when. 2314. Lien of partners.
2519. Contract in writing, when binding. 2513. Mine-Partnership property.
2520. Owners of majority of shares govern. SECTION 2511. A mining partnership exists when two or more persons who own or acquire a mining-claim for the purpose of working it and extracting the mineral therefrom actually engage in working the same.
SEO. 2512. An express agreement to become partners or to share the profits and losses of mining is not necessary to the formation or existence of a mining partnership. The relation arises froin the ownership of shares or interests in the mine and working the same for the purpose of extracting the minerals therefrom.
SEC. 2513. A member of a mining partnership shares in the profits and losses thereof in the proportion which the interest or share he owns in the mine bears to the whole partnership capital or whole number of shares.
Sec. 2514. Each member of a mining partnership has a lien on the partnership property for the debts due the creditors thereof, and for money advanced by him for its use. This lien exists notwithstanding there is an agreement among the partners that it must not.
SEC. 2515. The mining ground owned and worked by partners in mining, whether purchased with partnership funds or not, is partnership property.
SEC. 2016. One of the partners in a mining partnership may convey his interest in the mine and business without dissolving the partnership. The purchaser, from the date of his purchase, becomes a member of the partnership.
SEC. 2517. A purchaser of an interest in the mining ground of a mining partnership takes it subject to the liens existing in favor of the partners for debts due all creditors thereof, or advances made for the benefit of the partnership, unless he purchased in good faith, for a valuable consideration, without notice of such lien.
SEC. 2518. A purchaser of the interest of a partner in a mine, when the partnership is engaged in working it, takes with notice of all liens resulting from the relation of the partners to each other and to the creditors of the partnership.
SEC. 2519. No member of a mining partnership or other agent or manager thereof can, by a contract in writing, bind the partnership, except by express authority derived from the members thereof.
SEC. 2520. The decision of the members owning a majority of the shares or interests in a mining partnership binds it in the conduct of its business.
SECTION 283. A corporation is a creature of the law, having certaiu powers and duties of a natural person. Being created by the law, it may continue for any length of time which the law prescribes.
SEC. 284. Corporations are either public or private. Public corporations are formed or organized for the government of a portion of the state; private corporations are formed for the purpose of religion, benevolence, education, art, literature, or profit.
SEC. 285. Private corporations may be formed by the voluntary association of any five or more persons for the purposes and in the manner prescribed in this article. A majority of such persons shall be citizens of this state. Married women may become corporators, officers, and members of religions, benevolent, art, literary, or educational corporations.
SEC. 286. The purposes for which private corporations may be formed are the following, and noue other: 1. Fire, marine, life, health, accident insurance; 2. The insurance of the lives of domestic animals; 3. Construction, conduct, and maintenance of railroads, and telegraph lines in connection therewith ; 4. Construction, conduct, and maintevance of street railroads, plank roads, turnpikes, common wagon roads, 5. Construction, conduct, and maintenance of bridges, ferries, wharves, chutes, piers; 6. The establishment, conduct, and maintenance of express or stage lines; 7. Constructing, conducting, and maintaining telegraph lines;
8. Constructing and maintaining canals for navigation, and canals and ditches for drainage, agricultural, or mining purposes;
9. For navigating the ocean, or any of the waters of this state, with vessels propelled by sails, or in whole or in part by steam;
10. The purchase of lands for and the distribution of homesteads;
11. The accumulation of funds for the purchase of real property, and for the erection of buildings and improvements thereon, for the benefit of the members thereof;