Where owners of mining claims as a consolidated property are cognizant of the fact that the property was being developed as a single mine or claim and that improvements and labor thereon were placed with the purpose and effect of enhancing the value of each of the several locations embraced in the consolidated property, the owners are, within the provisions of this section, deemed to have authorized the improvements for that purpose and on failure to post the required notice they are responsible for such work and estopped from subsequently raising an objection to the enforcement of a lien against the consolidated property.

Hamilton v. Delhi Min. Co., 118 Cal. 148, p. 152, 50 Pac. 378 (1897).

The owners of a mine and mining claim who leased the same by a written lease to certain-named persons, his heirs, associates, or assigns, with authority to enter into the immediate possession of the mine and work and develop the same in such manner as may be most expedient or advisable, by sinking shafts, running tunnels, or otherwise, the lessors to receive one-fourth of the gross products taken from the mine, must be deemed to have knowledge of subsequent work done by employees of the lessee in sinking a shaft on the mine, and in the absence of a notice on the part of such lessors that they would not be responsible for work done in operating the mine, as provided by this section, the mining claim is subject to the liens of the laborers in sinking the shaft or in the construction of any building or improvement upon the mining clairn.

Hines v. Miller, 122 Cal. 517, p. 520, 55 Pac. 401 (1898).

Higgins v. Carlotta Gold Min. Co., 148 Cal. 700, p. 705, 84 Pac. 758, 113 Am. St. 349 (1906).

McClung v. Paradise Gold Min. Co., 164 Cal. 517, p. 521, 129 Pac. 774 (1913).

The language of this section relating to buildings and improvements, and to knowledge of construction thereof, does not apply to a case of a laborer performing labor in a mine; and the term "owner or person having or claiming an interest" in the lands on which an improvement is erected is not the person referred to in section 1186 as having a "lien, mortgage, or incumbrance."

Williams v. Santa Clara Min. Association, 66 Cal. 193, p. 200, 5 Pac. 85 (1884).

5. INTEREST SUBJECT TO LIEN-MORTGAGE-PRIORITY.

As a mortgage is only a lien on land and passes by simple assignment and not by a conveyance of the land, a mortgagee of a mining claim is not one having "an interest in the land" on which a building or improvement may be constructed within the meaning of this section.

Williams v.

Santa Clara Min. Association, 66 Cal. 193, p. 201, 5 Pac. 85 (1884).

This section of the code refers to an estate or interest in land which may be sold and conveyed and does not provide that a mere lien shall become "subject" to another subsequent lien, in the sense that the latter lien shall acquire precedence over the prior.

Williams v. Santa Clara Min. Association, 66 Cal. 193, p. 201, 5 Pac. 85 (1884).

6. LIEN OF CONTRACTOR-LABORER NOT CONTRACTOR-PRIORITY.

If laborers and material men performing labor and furnishing materials for the improvement of a mine are to be regarded as original contractors, then each would be entitled to recover, upon a lien filed by him, only such amount as might be due him under his contract, after deducting all claims of other parties for work done and materials furnished.

Sparks v. Butte County Gravel Min. Co., 55 Cal. 389, p. 392 (1880).

The lien of an original contractor under this section is subject to all other liens, and any such original contractor is required to defend any action brought at his own

expense.

Sparks v. Butte County Gravel Min. Co., 55 Cal. 389, p. 392 (1880).

7. ENFORCING LIENS-LIENORS JOINING.

The provisions of section 1195 to the effect that any number of persons claiming liens may join in the same action seem to imply that the liens must all be on the same property; but where several claims adjoin each other with a ditch as a backbone and are all owned by the same owner and used and operated as one mine they may be considered as one piece of property under these provisions.

Malone v. Big Flat Gravel Min. Co., 76 Cal. 578, p. 583, 18 Pac. 772 (1888).

This section authorizes any number of persons or miners claiming liens to join in the same action and if any number of joint plaintiffs fail to establish their lien, and the right of recovery in each is less than $300, the superior courts have no jurisdiction and the plaintiffs must fail. The fact that the sum total of the claims of all the plaintiffs exceeds $300 will not give a superior court jurisdiction as the claims are separate and distinct and judgments must be entered for the amount due each of the several claimants.

Miller v. Carlisle, 127 Cal. 327, p. 328, 59 Pac. 785 (1899).

Separate miners having several liens for labor performed upon a mining claim may unite in an action to enforce the same.

Ascha v. Fitz, 5 Cal. Unrep. Cas. 481, p. 482, 46 Pac. 298 (1896).

See Skym v. Weske Consolidated Co., 5 Cal. Unrep. Cas. 551, 47 Pac. 116 (1896).

MINERS' PROPERTY-EXEMPTION.

LAWS 1851, 51, P. 86; APR. 29, 1851. LAWS 1854, P. 59, 63; MAY 15, 1854. LAWS 1862, P. 573; MAY 15, 1862.

AN ACT to regulate proceedings in civil cases in the courts of justice of this State.

SEC. 219. The following property shall be exempt from execution, except as herein otherwise specially provided:

*

*

*

Fifth. The tent and furniture, including a table, camp stools, bed and bedding of a miner; also his rocker, shovels, spade, wheelbarrows, pumps, and other instruments used in mining, with provisions necessary for his support for one month:

NOTE.-The fifth paragraph was not changed by either of the amendatory acts.

*

FIRST AMENDATORY ACT.

LAWS 1863-64, P. 523; APR. 4, 1864. (GENERAL LAWS 1850-1864, SEC. 5158.)

AN ACT to amend an act entitled "An act to regulate proceedings in civil cases in courts of justice in this State," approved April 29, 1851.

The People, etc.

SEC. 1. Section 219 of the above entitled act is hereby amended so as to read as follows:

SEC. 219. The following property shall be exempt from execution, except as herein otherwise specially provided: *

*

*

Fifth. The cabin or dwelling of a miner, not exceeding in value the sum of $500; also, his sluices, pipes, hose, windlass, derrick, cars, pumps, tools, implements, and appliances necessary for carrying on any kind of mining operations, not exceeding in value the aggregate sum of $500; and two horses, mules, or oxen, with their harness, and food for such horses, mules, or oxen, for one month, when necessary to be used for any whim, windlass, derrick, car, pump, or hoisting gear.

AMENDMENTS TO CODE 1875-76, P. 94; APR. 1, 1876. (SEC. 10690, CODES AND STATUTES VOL. 2. SEC. 690, CODE OF CIVIL PROCEDURE.)

AN ACT to amend section 690 of the Code of Civil Procedure, and for other purposes.

The People, etc.

NOTE. Section 219 of the original act became section 690, Code of Civil Procedure

SEC. 1. Section 690 of the Code of Civil Procedure is hereby amended to read as follows:

690. The following property is exempt from execution, except as herein otherwise specially provided: *

*

Fifth. (Similar to amendatory act of April 4, 1864, except the following clause is added): and, also, his mining claim, actually worked by him, not exceeding in value the sum of $1,000.

AMENDATORY ACTS OF MARCH 10, 1903, AND MARCH 22, 1907.

LAWS 1903, P. 114; MAR. 10, 1903. LAWS 1907, P. 882; MAR. 22, 1907. (SEC. 690, CODE CIVIL PROCEDURE.)

AN ACT to amend section 690 of the Code of Civil Procedure, relating to property exempt from execution.

The People, etc.

SEC. 1. Section 690 of the Code of Civil Procedure is hereby amended so as to read as follows:

690. The following property is exempt from execution, except as herein otherwise specifically provided: *

* *

16. All material, not exceeding $1,000 in value, purchased in good faith for use in the construction, alteration, or repair of any building, mining claim or other improvement, as long as in good faith the same is about to be applied to the construction, alteration, or repair of such building, mining claim, or other improvement, 17. All machinery, tools, and implements, necessary in and for boring, sinking. putting down, and constructing surface or artesian wells; also the engines necessary for operating such machinery, implements, tools, etc.; also all trucks necessary for the transportation of such machinery, tools, implements, engines, etc.: Provided, That the value of all the articles exempted under this subdivision shall not exceed $1,000.

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*

NOTE.-The amendment of March 10, 1903 (Laws 1903, p. 114), does not change paragraph 5 of section 690, as already amended. The act of March 22, 1907 (Laws 1907, p. 882), does not change paragraph 5 of section 690, as already amended.

ANNOTATIONS.

MINER'S EXEMPTION.

MINING CLAIMS AND HOMESTEADS EXEMPT.

The right of a miner, under subdivision 5 of this section, to have his cabin or dwelling, and also his mining claim, exempt from execution is not inconsistent with other sections of the code as to the exemption of a homestead, and does not prevent a miner from selecting, as exempt from execution, a mining claim as a homsetead, though the dwelling may be of a value greater than $500, and the claim of a value greater than $1,000, but when they are properly selected and filed upon as a homestead, they are entitled to be protected.

Gaylord v. Place, 98 Cal. 472, p. 479, 33 Fac. 484 (1893).

MINERS' WAGES.

WAGES OF MINERS PROTECTED.

LAWS 1867–68, P. 213; MAR. 21, 1868. LAWS 1871-72, P. 205; MAR. 2, 1872. (CODE CIVIL PROCEDURE, SEC. 1204-1206.)

The People, etc.

AN ACT to protect the wages of labor.

NOTE. This act was amended by the act of March 2, 1872 (Laws 1871-72, p. 205). These amendments are shown in parentheses, and the parts omitted in brackets. The original sections 1-3 are now sections 1204-1206, Code Civil Procedure.

SEC. 1. (Sec. 1204, Code Civil Procedure.) That in all assignments of property, whether real or personal, which shall hereafter be made by any persons, or chartered company or corporation, or by any person or persons owning or leasing real or personal property, to trustees or assignees, on account of inability at the time of the assignment to pay his, her, or their debts, or in proceedings in insolvency, the wages of the miners, mechanics, salesmen, servants, clerks, or laborers employed by such person or persons, or chartered company or corporation, shall be held and deemed preferred claims, and paid by such trustees or assignees before any other creditor or creditors of the assignor; provided, that the claims of each miner, mechanic, salesman, servant, clerk, or laborer thus preferred shall not exceed in value $100 ($250) of gold coin of the United States, and the services shall have been rendered or labor performed within 40 (90) days next preceding said assignment or the filing of said proceeding in insolvency.

SEC. 2. (Sec. 1205, Code Civil Procedure.) That in all cases of the death of any employer or employers, the wages of each miner, mechanic, salesman, clerk, servant, and laborer, for services rendered within the 40 (90) days next preceding the death of the employer [not exceeding $100 of gold coin of the United States], shall rank after the funeral expenses of the last sickness, the charges and expenses of administering upon the estate, and the allowance to the widow and infant children, and be paid pro rata before all other claims against the estate of the deceased person or persons: Provided, This act shall in no way affect the homestead or other property exempted by law from forced sale in payment of debts, or any mortgage or lien lawfully obtained on the property of the deceased before his death.

SEC. 3. (Sec. 1206, Code Civil Procedure.) In all cases of executions, attachments, and writs of a similar nature [hereafter to be issued] against any person or persons, or chartered company or corporation, it shall be lawful for such miners, mechanics, salesmen, servants, clerks, and laborers to give notice of their claim or claims, and the amount thereof, duly certified and sworn to by the creditor or creditors making the claim, to the officer executing either of such writs, at any time before the actual sale of property levied on; and such officers shall pay to such miners, mechanics, salesmen, servants, clerks, or laborers, out of the proceeds of the sale, the amount each is justly and legally entitled to receive for services rendered, within the 40 (90) days next preceding the levy of the writ of execution, attachment, or other writ, not exceeding $100 ($250) of gold coin of the United States: Provided, If any or all of the claims so presented and claiming preference under this section shall be disputed by either the debtor or the creditor [the miner, mechanic, salesman, servant, clerk, or laborer] (the person) presenting the same shall commence an action within 10 days for the recovery thereof, and shall prosecute his action with due diligence or be forever barred from any claim of priority of payment thereof; but in case ́action is rendered necessary by the act, as aforesaid, of either debtor or creditor, and judgment