improvement, or fruit trees growing or standing upon mineral lands, and the property of another, except as provided in the act. Section two provides that any one desiring to occupy such public land in the possession of another, occupied by such crops, improvements, or trees, shall first give a bond to the owners of the crops, improvements, or trees, to be approved by a justice of the township, with two or more sureties in a sum to be fixed by three disinterested citizen householders of the township, one to be selected by the obligor, one by the obligee, and one by the justice, conditioned that the obligor shall indemnify the obligee for all damage to such improvements, crops, or trees resulting from the proposed mining operations. Section three declares a violation of either of the preceding sections a misdemeanor punishable by fine of not less than fifty nor more than two hundred dollars, or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment, with the proviso that such mineral lands may be worked by miners after the crops are harvested. 1 Stat. 1855 p. 145.

§ 180. Jurisdiction of actions. ---Except in San Francisco, justices of the peace were by statute clothed with jurisdiction of actions to determine the right to mining claims.1 This was subsequently amended so as to give them jurisdiction " of an action to determine the right to a mining claim, and for damages for injury to the same, when the damages do not exceed two hundred dollars."2 By a subsequent statutes it is provided in Section sixty-three that upon the application of plaintiff in such actions the justice may appoint a receiver of the proceeds of the mine, pending the action. This section is amended by a later act, wherein the provisions of the amended statute are substantially embodied, with the additions that the application may be by the party out of possession on notice of one day to the other party. If the parties agree upon a receiver, he shall be appointed, otherwise he shall be selected and appointed by the justice. The receiver shall take an oath that he is not interested in the action, and will honestly receive, keep, and account for the proceeds, etc. The justice has power to issue an order to any sheriff or constable to put the receiver into possession, which he shall retain so long as the action is undetermined in any court. The court in which the action is pending has power, on two days' notice to the parties, to make orders for the disposal of the proceeds for the safety of the same. The court also has power, on application of the receiver, to punish for contempt any one who disturbed the receiver in the possession of the claim. By Section sixty-four of the amended act, the receiver is required to keep an accurate account of receipts and disbursements, pay out the proceeds on the order of the court, on demand of either party give security for the faithful performance of his trust, and shall be allowed out of the proceeds a reasonable compensation, not to exceed 10 per cent. of such proceeds.

1 Stat. 1853, p. 298, Ch. viii., § 67, subd. 10.

2 Act of April 19, 1856, Stat. 1856, p. 133.

3 Stat. 1854, p. 71.

4 April 28, 1855, Stat. 1855, р. 199.

5 Stat. 1854, p. 71.

§ 181. Customs, usages, and regulations. In actions respecting mining claims, proof shall be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim; and such customs, usages or regulations, when not in conflict with the constitution and laws of this state, shall govern the decision of the action.1

§ 182. Limitation of actions. 1-By Section one of the statute, the time within which actions for the recovery of property in mining claims, or the possession thereof may be maintained, is two years from the seizin or possession of the property by the plaintiff, his ancestor, predecessor, or grantor. By Section two, the same limitation is fixed to actions, or defenses to actions founded upon the title to property in mining claims, or to the rents and profits out of the same. The action or defense cannot be maintained unless it appear that the plaintiff or defendant, or the person under whose title the action or defense is prosecuted or made, his ancestor, predecessor, or grantor was so seized or possessed, within two years next preceding the bringing of the action.

1 Stat. 1863-64, p. 91.

§ 183. Foreign miners. 1-It was provided by statute that only citizens of the United States and California Indians should be allowed to take gold from any of the mines of the state, without first having obtained a license therefor and paid a license tax. That foreigners (aliens) without such license should not be allowed to prosecute or defend any action in the courts of the state, and that the employers of such foreigners should be liable for the amount of such license tax for each alien so employed.2 This statute was repealed by a subsequent act, in which the greater part of the repealed statute was re-enacted, omitting the exclusion of foreigners from the right to prosecute or defend actions. A subsequent amendment extended the right to mine without license to those who had declared their intention to become citizens prior to the passage of the act.4 An act repealing and re-enacting the foregoing provisions left the requirement of a license from foreign miners; classifying those who might become citizens, and excluding others; requiring the tax of $4 to be paid monthly, and declaring that such license was not transferable.5 Still later the matter was under legislative consideration, and it was enacted that all persons and companies interested with such unlicensed foreigners, as partners, lessors, or otherwise in mining, should be liable for the license tax of each foreigner with whom such person or company was interested; that the mining ground, improvements, tools and machinery could be sold for the payment thereof; that the collector could summon and examine under oath any person or company believed to have in his possession, or under his control, any money, gold dust, or other property of such foreign miners; or as to the indebtedness of such person or company to such foreign miners. And in case of such possession or control of property, or indebtedness to such foreign miners, the collector was authorized to collect from the person or company so indebted the amount of the license tax, and require the delivery of the gold dust, money or property. The foregoing provisions, except such as had been repealed, as already noticed above, were re-enacted in substance, and it was provided that in collecting such license tax the collector could seize and sell the property of the persons liable, on one hour's notice, at public auction, and after deducting the tax and expenses, pay over the balance to the owner of the property; that he might follow delinquents into other counties; that he might administer oaths to foreigners without certificates of naturalization; that all foreigners not eligible to become citizens residing in mining districts should be considered miners; that delinquents from whom collection could not be made, should be required to work on the roads at $1 per day to liquidate the amount, and failing or refusing to perform such work, would be guilty of misdemeanor, punishable by imprisonment in the county jail not less than five nor more than thirty days.7 The

only other provision on this subject is one providing for the distribution of the proceeds of miners' licenses, 10 per cent. to the school fund, and the residue to the general funds of the county, and directing how and by whom the license shall be issued; the record to be kept, and providing for official reports to the board of supervisors.8

1 Stat. 1850. Repealed March 14, 1851.

2 Stat. 1852, p. 84.

3 Stat. 1853, p. 62.

4 Stat. 1854, p. 55.

5 Stat. 1855, p. 216.

6 Stat. 1858, p. 302.

7 Stat. 1861, p. 447.

8 Stat. 1867-68, 173.

§ 184. Mining Corporations. -The first enactment concerning corporations provides for a certificate of corporation by the incorporators; the filing of the certificate; the management of the company's business and election of trustees; the appointment of officers; authorizes trustees to make calls and pass by-laws; declares stock to be personal property, and prescribes when shares are not transferable; makes a certified copy of certificate evidence of incorporation; requires certificate of capital to be filed with county clerk; requires annual reports; provides that dividends shall only be declared from actual profits; capital stock to be paid in money; liability of officers for all corporate debts, in case of false certificate or report; exempts personal representatives of deceased stockholders from personal liability, but allows them to vote as stockholders; personal liability of other stockholders; permits change in nature of business or amount of capital, and prescribes the manner in which such change may be effected by stockholders' meetings; fixes the liability of trustees for debts in excess of capital; declares when stockholders shall not be personally