SEC. 4. Section 4 o said act is hereby amended so as to read as follows: SEC. 4. There is hereby appropriated out of the general fund of the treasury of this State not otherwise appropriated, the sum of $250,000, to be used in the constructon of works for the restraining and impounding of débri3 resulting from m ning operations, natural erosion, or other causes, and for the purchase of tes there.or. The appropriat on made by thi section is intended as a reappropriation of the sum of $250,000 appropriated by the act entitled "An act to provide for the appointment, duties, and compensation of a débris commissioner, and to make an appropriation to be expended under his directions n the discharge o h's duties as such commissioner," approved March 24, 1893, and it is expressly intended and provided by his act that the State of California shal, n no event, incur any 1 ability hereunder beyond the amount of the appropr`ation herein made; and no cont actor, c'aimant, or person shall acquire any right or obl gation against the State o Cal fornia beyond said um so appropriated and set apart for the purposes hereinabove se forth, and it is expressly declared that any claim or demand against the State of California in excess of said appropriation shall be invalid and void. Said moneys shall be paid only upon orders drawn by the State comptroller upon the written request of aid débris commissioner, as in this act provided.

SEC. 5. Section 7 of said act is hereby amended so as to read as follows:

SEC. 7. All expenditures authorized by the provisions of this act shall be subject to the approval of the State board of examiners; and the State comptroller is hereby authorized to draw his warrant for all expenditures not in excess of the appropriation herein provided for, so approved by the State board of examiners, and the State 11easurer is hereby directed to pay the same.

SEC. 6. This act shall take effect immediately.

AMENDATORY ACT.

LAWS 1905, P. 142; MAR. 18. 1905.

AN ACT to amend section 1 of an act entitled, etc. (Title the same as in sec. 1).

The People, etc.

SEC. 1. Section 1 of the act entitled "An act to provide for the appointment, duties, and compensation of a débris commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner, approved March 24, 1893, and amended March 13, 1901," is hereby amended so as to read as follows:

SEC. 1. The governor of the State of California shall, on or before the 1st day of May, 1905, appoint a competent civil and mining engineer for a period of four years only, to be known as and called the State débris commissioner.

APPROPRIATIONS.

LAWS 1897, P. 302; MAR. 31, 1897.

AN ACT making an appropriation to pay the claim of John F. Kidder, for traveling expenses, from August 15, 1893, to December 21, 1896, inclusive.

The People, etc.

SEC. 1. The sum of $480 is hereby appropriated to pay the claim of John F. Kidder, débris commissioner, for traveling expenses incurred from August 15, 1893, to December 21, 1896, both dates inclusive (the same having been approved by the State board of examiners).

LAWS 1897, 355, P. 361; APR. 1, 1897.

AN ACT making appropriations for the support of the government of the State of California, for the fortyninth and fiftieth fiscal years.

The People, etc.

SEC. 1. The following sums of money are hereby appropriated, out of any money in the State treasury not otherwise appropriated, for the support of the government of the State of California for the forty-ninth and fiftieth fiscal years: * * *

For salary of secretary to débris commissioner, $3,000.

AN ACT making appropriations, etc., for the fifty-first and fifty-second fiscal years.

The People, etc.

SEC. 1. The following sums of money are hereby appropriated, etc., for the fiftyfirst and fifty-second fiscal years:

*

*

*

For salary of débris commissioner, $7,200.

For salary of secretary of débris commissioner, $3,000.

MINING PARTNERSHIPS.

PARTNERSHIPS FOR MINING PURPOSES.

LAWS 1863-64, P. 478; APR. 4, 1864. (REPEALED.)

AN ACT concerning partnerships for mining purposes.

The People, etc. SEC. 1. All written contracts of copartnerships for mining purposes upon the lands of the United States within this State, formed by two or more persons, shall be subject to the conditions and liabilities prescribed by this act.

SEC. 2. Any member of a copartnership, or his successor in interest, in any mining claim, who shall neglect or refuse to pay any assessment, or shall neglect to perform any labor or other liability incurred by the copartnership agreement, may, after the expiration of 60 days after such assessment, labor, or other liability has become due, be notified in writing by any remaining partner or partners, or by his or their agents, that such assessment, labor, or liability is due, which written notice shall specify the name of such mine and the district wherein it is located, and shall particularly mention the liability which has been incurred; and if such delinquent reside within the State he shall be personally served with such notice; and if the person so notified shall refuse or neglect for 30 days after service of such written notice to comply with the requirements of the copartnership agreement, the remaining partner or partners may sell the interest of such delinquent partner in and to such mining claim.

SEC. 3. All sales under the provisions of this act shall be at public auction, and by giving five 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 to be sold, and the name of the delinquent partner or partners, and the time and place of such sale, which place shall be within the district where the mine is located. The purchaser at such sale shall acquire all the rights and title of the delinquent partner.

SEC. 4. If any delinquent partner in any mine is absent from the State, or resides in any other State or Territory, the notice to such delinquent shall be by publication, once a week for four months, in some newspaper published in the county where the mine is located; or if there be no newspaper in the county, then such notice shall be published in some newspaper in an adjoining county. After the expiration of the time of such publication, the interest of such delinquent shall be sold in the manner prescribed in section 3 of this act.

SEC. 5. This act shall take effect from and after its passage. (Repealed by the act following.)

LAWS 1865-66, P. 828; APR. 2, 1866. (GENERAL LAWS 1864-1871, SEC. 8949-8956.)

AN ACT entitled "An act concerning partnerships for mining purposes."

The People, etc.

SEC. 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 public 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 copartners for the purpose of prospecting or working said mining claim, and shall be subject to the provisions and liabilities imposed by this act. NOTE.-Sections 8949-8956, General Laws 1864-1871, are the same as sections 1-9.

32857°-18-Bull, 161- -13

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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 such 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 30 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: Provided, 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 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 expiration of 30 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 such 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 10 days after personal service or leaving notice at his residence, when such service has been had or notice so left, or for 20 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 delinquent 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 10 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 4, 1864, is hereby repealed.

SEC. 9. This act shall take effect from and after its passage.

ANNOTATIONS.

MINING PARTNERSHIPS.

1. PARTNER'S INTEREST-ASSESSMENT WORK.

2. JUDICIAL SALE OF STOCK.

1. PARTNER'S INTEREST-ASSESSMENT WORK.

A mining copartnership must exist between the owners of a mining claim before any of the joint owners or partners can avail themselves of the provisions of this act. Brundage v. Adams, 41 Cal. 619, p. 623 (1871).

This act distinctly designates the persons subject to the provisions and liabilities imposed thereby and such persons must be copartners for the purpose of procuring or working a mining claim and it is not enough that they are owners and shareholders; and so long as the relation of owners and shareholders exist between parties their interest in a mining claim can not be divested by forfeiture on the failure of one such owner to pay his part of an assessment for working the mine.

Brundage v. Adams, 41 Cal. 619, p. 623 (1871).

2. JUDICIAL SALE OF STOCK.

A purchaser of mining stock at a constable's sale for unpaid assessments due on such stock acquires no title unless it appears that the owner of the stock was notified in the manner required by either section 2 or section 4 of this act.

Sayer v. Donahue, 1 Cal. Unrep. Cas. 410, p. 411 (1868).