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property. Section 2516. 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. Section 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. Section 2518. A purchaser of an 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. Section 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. Section 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. An act concerning partnerships for mining purposes, approved April 4, 1864,2 provided for the sale of the partner's interest, who failed to pay assessments, on account of expenses and outlays incurred under partnership contract, something after the manner of sales of delinquent stock by corporations, notice, personal or by publication, the former to residents and the latter to non-residents, for thirty days, if personal and four months if by publication, the assessment being sixty days overdue, was all that was required to authorize the sale by the copartners of the delinquent's interest. By a later and more comprehensive and searching statute, this was repealed. And it is enacted in Section one of the repealing act, that two or more owners, occupants or locators, or persons associated together

otherwise than as a body corporate, with or without written agreement, for mining purposes on the public lands, shall become copartners with any one associating himself with them, upon receiving notice of the fact, and shall be subject to all the liabilities imposed by the act. By Section two it is provided that any member of such company or association, desiring to work the claim located, may call a meeting by notifying the other members to have an assessment levied for that purpose, and at such meeting, whether there be representatives of a majority in interest present or not, a majority of those present may decide to work the claim at the expense of all, and thereafter levy assessments not oftener than once in thirty days, to defray the expenses. These assessments may be levied by any member not delinquent. When the company has by-laws the assessments shall only be for the amount thereby authorized. No new assessment shall be made until previous ones are collected, or the means for that purpose have been exhausted. By Section three written notice to the member, his heirs, executors, etc., when the assessment is thirty days overdue, is required, which notice should specify the name of the mine, mining district, and the liability. Section four provides for the service of notice. To residents of the county where the mine is located it must be by personal delivery, or left at his residence. To residents of the state without the county, by the post or through the express office, addressed to him at his residence, if known. To non-residents of the state, and those whose residences are unknown, by publication, once a week for eight weeks, in a paper of the county where the mine is located, if any, otherwise in a paper of an adjoining county. Section five declares the forfeiture complete at the expiration of ten days after personal service; twenty days after posting, or the full

period of publication, and authorizes a sale of so much of the interest of the delinquent as will pay delinquent assessments. Section six requires the sale to take place at the mine on ten day's notice, by posting in three public places. The sale is to be by offering the smallest number of feet or shares at a time, and continuing until enough is realized, or all is sold. The sale may be conducted by any constable of the township, sheriff or auctioneer, and is to be by auction. The deed of the officer selling is prima facie evidence of his authority, and the regularity of proceedings prior to sale. Section seven applies the provisions of the act to all persons who have refused to join in incorporating the company. Section eight is the repealing clause.3

1 Hart's Civil Code of Cal., 344 (1876).

2 Stat. 1863-64, p. 478.

3 Stat. 1867-68, p. 173.

§ 194. Conveyance of mining claims-May be by bill of sale or other instrument of writing, sealed or unsealed. All prior conveyances by this method are validated; but such conveyances are held fraudulent and void except as between the parties, unless there be an immediate and continued change of possession, or the instrument is acknowledged and recorded. This act only applied to gold mining claims until March 20, 1863, when this limitation was repealed.1

Stat. 1860, p. 175.

§ 195. Sale of decedents' interests in mines.-Generally an interest in a mine, except when represented by stock in a corporation, is regarded as real estate; but such interests may be brought into an estate in course of administration and sold as personal property on petition of any creditor, partner, or member of a company, or of the president of a corporation. Such petition should

describe the condition and situation of the mine, interest or corporation. The order of sale is only made after a hearing before the probate judge, upon summons from him giving the time and place, within not less than four nor more than ten weeks, to show cause against the order of sale. The order, or summons, shall be personally served on the parties interested ten days before hearing, or published four successive weeks in a newspaper. But if the written consent of the parties interested be obtained, the notice may be dispensed with. If upon the hearing it appear that the interests of the estate, or of the partners, tenants in common or corporations would be best subserved thereby, the executor or administrator will be ordered to sell in conformity with the laws providing for the sale of other real property under order of of the probate court, except where the interest is represented by shares of stock, when the sale shall be made as of other personal property.1

1 Stat. 1865-66, p. 359.

§ 196. Sale of state mineral lands.-The original statute, as amended, regulating the sale of the sixteenth and thirty-second sections of lands designated, or found in fact to be mineral in character, is in substance as follows, with the amendments noted: Section one provides that one desiring to purchase shall make affidavit of citizenship or declaration of intention; of lawful age, and a desire to purchase the land described by legal subdivisions; that the applicant has not entered to exceed forty acres, including that applied for; that there is no adverse occupation, or if any, that the plat of the township has been filed, and the adverse occupant in occupation six months or over. Section two provides that persons in actual possession at the time of survey by the United States or at the passage of the act, shall be preferred

purchasers, "to the extent of his or her mining claim, pro-· vided he or she make application for the purchase of the same on or before the first day of January, 1877, if the plat of such survey be already filed in the United States land office; and if not so filed, then within six months after the filing of such plat as aforesaid."1 Section three provides, that in cases of contest the matter shall, within thirty days after application, be referred by the surveyorgeneral or register, unless sooner, at the request of either party to the superior 2 court of the county in which the land is situated. Upon filing a copy of the order of reference with the clerk of the court, either party may commence the action; unless the action be commenced within ninety days, the party making the demand, or where the order is filed without demand, the adverse party, shall be deemed to have waived his claim. Section four prescribes the price of the land at $2.50 per acre, payable, in gold coin, to the county treasurer within fifty days from the approval by the surveyor-general, in default of which the land reverts to the state. Payments to the county treasurer to be paid over and accounted for as other moneys received for state lands. Section five requires the same proceedings as to approving locations, issuing certificates of purchase or patents, etc., as are required in the sale of non-mineral sections, except as is specially provided for in the act. Section six subjects all state patents to the lands in question, to accrued water rights, ditches and reservoirs acquired by prior possession, and confirms all rights of way for ditches, canals, mining and other purposes over all the sixteenth and thirty-second sections. Section seven prohibits the issuing of a patent to lands embracing mining claims, except to the owners thereof [" and not to such owners in excess of forty acres "],3 and provides for the reimbursement of those who have paid for such lands

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