mine, surface or underground, upon presenting his ce tificate of stock, and it is made the duty of all officer managers, agents and superintendents to allow suc inspection. The violation of any of the foregoing pre visions subjects the trustees to a fine of two hundre dollars, costs and expenses of the stockholder in travelin to and from the property, to be recovered by the sufferin stockholder in any court of competent jurisdiction, eithe of the county of the principal place of business or wher the mine is situatedı.

1 Stat. 1873-74, p. 866. For general corporation law, see civil cod §§ 283-403.

§ 193. Mining partnerships. Following are the pro visions of the civil code :1 Section 2511. A mining partner ship exists when two or more persons, who own or acquir a mining claim for the purpose of working it and extracting the mineral therefrom, actually engage in working the same. Section 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 from the ownership of shares or interests in the mine and working the same for the purpose of extracting the minerals therefrom. Section 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. Section 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. Section 2515. The mining ground owned and worked by partners in mining, whether purchased with partnership funds or not, is partnership

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 pur-
chaser, from the date of his purchase becomes a member
of the partnership. Section 2517. A purchaser of an in-
terest 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 part-
nership. Section 2519. No member of a mining partner-
ship or other agent, or manager thereof can, by a con-
tract 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 partner-
ships for mining purposes, approved April 4, 1864,2 pro-
vided 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 per-
sonal 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 search-
ing statute, this was repealed. And it is enacted in Sec-
tion 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 forture complete at the expiration of ten days after persal 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