2477. Money expended or indebtedness assumed.

SEC. 2. The proportion of money expended or indebtedness assumed by such corporation or association, and for the payment of which such joint tenant, tenant in common, or coparcener, is made liable under the provisions of this act, shall be deemed such an amount of money or indebtedness as bears the same proportion to the whole amount of money expended or indebtedness assumed, as the interest in the mining claim owned or claimed by such joint tenant, tenant in common, or coparcener, bears to the whole of the mining claim.

2478. Who may join in suit-Issue of facts-Judgment to be separate.

SEC. 3. Any number of such joint tenants, tenants in common, or coparceners, may be joined as parties defendant in any suit instituted under the provisions of this act; but each defendant shall be entitled to plead separately; and when the cause shall be tried by jury, as many of the separate issues of fact as may be agreed upon by the parties may be determined by the same jury. Judgment shall be rendered for or against each defendant separately, and the costs of suit may be apportioned among the several parties defendant, against whom judgment may be rendered, in such manner as to the court may appear just and equitable; provided, that in all cases the defendant, prior to the institution of suit under the provisions of this act, shall be entitled to three weeks' notice of the intention of such corporation or association to institute such suit, which notice may be either personally or by the publication in some newspaper published in the county within which such mining claim is located; and if none be published in said county, then in the nearest adjoining county.

2479. What summons shall specify.

SEC. 4. The summons shall specify: First, the amount of money actually expended, or indebtedness assumed, by such corporation or association, in the actual and necessary working and development of said mining claim; and, second, the amount due from each joint tenant, tenant in common, or coparcener, as his or her proportion of such money or indebtedness. 2480. Where suit to be brought-Service of summons.

SEC. 5. All suits instituted under the provisions of this act shall be brought in the county within which the mining claim may be located; and where the defendant is a nonresident of the county within which suit is brought, but a resident of the state, service of summons may be had personally, as in other cases, or by publication in the same manner as provided by law for service of summons by publication where the defendant is a nonresident of the state and a resident of the State of California; and all of the provisions of law regulating proceedings in other civil cases shall, so far as the same are applicable, apply to suits instituted under this act.

2481. Lien.

SEC. 6. The amount of money expended or indebtedness assumed, by such corporation or association, as the proportion due from such joint tenant, tenant in common, or coparcener, for the actual and necessary working and development of said mining claim, shall be a lien in favor of such corporation or association upon the interest of such joint tenant, tenant in common, or coparcener, in such mining claim, from the time such money was expended, or indebtedness assumed, by such corporation or association; which lien shall bind such interest from the time of such payment or assumption as against any subsequent purchaser, mortgagee, or other person acquiring a lien upon, or title to, or interest in, the same. Suit may be instituted against the person owning or claiming such interest at the time of the commencement of the action for the recovery of the whole amount due upon such interest; and

all judgments rendered in any action instituted under the provisions of this act, and any execution issued thereon, shall bind and run against such interest, and no other property of the defendant shall be subject to execution on said judgment.

2482. Sales to be absolute.

SEC. 7. All sales of any interest in a mining claim under an execution issued on a judgment obtained in any suit instituted under the provisions of this act shall be absolute, and the purchaser shall be entitled to the immediate possession of the interest purchased by him at such sale.

An Act to facilitate the recovery of ores, gold, silver, lead or copper, taken by theft or trespass, and to provide a punishment for the violations of the provisions thereof.

Approved March 29, 1907, 416

2483. Assayers and buyers to keep record-What shall state.

SECTION 1. That every assayer, person, partnership, association or corporation engaged, or who or which may hereafter be engaged, directly, indirectly or occasionally in the business, or who or which, being engaged in other business, shall at any time assay, mill, sample, reduce, ship, transport, buy, purchase, trade in, barter, concentrate, smelt, refine or sell metalliferous bearing ores, free gold, gold dust, gold amalgam, gold nuggets, gold specimens, gold bullion, free silver, silver nuggets, silver bullion, lead or lead bullion, copper or copper bullion, shall keep and preserve a book of records thereof, in which shall be entered at the times they shall occur the following entries, with the dates thereof:

First-The name of the assayer, person, persons, partnership, association or corporation on whose behalf such ore, free gold, gold dust, gold amalgam, gold nuggets, gold specimens, gold bullion, free silver, silver nuggets, silver bullion, lead, lead bullion, copper or copper bullion, is delivered, or purchased, or sampled, or transported, or sold, or reduced, or smelted, or milled, as the case may be.

Second-The weight or quantity thereof, and a short description of each and every lot or consignment thereof.

Third-The name or names of the teamster or teamsters, packer or packers, or other person or persons actually delivering or transferring the same, and each and every portion of the same, and the name or names of the owner or owners of the team, pack train, railway or express company, automobile or other conveyance used or employed in and for such delivery.

Fourth-The name and location of the mine, mining claim, mining location, or other premises from which the same has been or purports to have been extracted, mined or procured, and if the products or property consists of concentrates, amalgam, bullion concentrates, free gold or free silver, there shall also be recorded the name and location of the mill, concentrator, refinery or smelter which milled or purported to have milled, reduced, concentrated, smelted or refined the same, and for whom such milling, reducing, refining, concentration or smelting was done.

Fifth-The date of the receipt thereof, and whether received by purchase, barter, trade or gift, or for treatment, concentration, reduction, sampling, refining, assay, transportation, sale, exchange or otherwise.

Sixth-Whether [whenever] the assayer, person, partnership, association or corporation receiving any property hereinabove specifically designated. shall become the owner thereof by purchase, barter, trade or exchange, there shall also be recorded in said book a statement showing the amount and terms of such purchase, barter, trade or exchange.

Seventh-Whenever the assayer, person, partnership, association or corporation receiving any property hereinabove specifically designated, shall

become the owner thereof by purchase, barter, trade or exchange there shall also be recorded in said book a statement showing the amount and terms of such purchase, barter, trade or exchange.

Seventh-Whenever the assayer, person, partnership, association, or corporation receiving any property herein specifically designated shall as agent, factor, broker or in any other capacity sell, barter, trade or exchange the same for and in behalf of the owner or reputed owner thereof, there shall also be recorded in said book the date, names of the parties, the amount and character of the property sold or disposed of, (by) and the amount of such transaction.

Eighth-The interest, if any, of the delivering person, partnership, association or corporation in the property or any part thereof herein above specifically designated, whether as owner, lessee, pledgee, superintendent, foreman or workman in the mine, mining claim, mining location, premises, mill, concentrator, sampler, refiner or smelting works from which the same was or purports to have been mined or treated.

2484. Stolen ore, how recovered-Affidavit-Examination of books.

SEC. 2. Whenever affidavit shall be made by any person before any justice of the peace or district judge that any ore, free gold, gold dust, gold amalgam, gold nuggets, gold specimens, gold bullion, free silver, silver nuggets, silver bullion, lead, lead bullion, copper or copper bullion has been stolen or unlawfully taken from him or from any copartnership, association or corporation in which he is interested, or in which he is an officer or agent, stating as near as may be the character, amount and value thereof, such person by himself, or his attorneys, or both, upon presentation of such affidavit, or a copy thereof, duly certified as such by the officer before whom the same is verified, shall have access to such book or books of any and every assayer, person, partnership, association or corporation hereby required to keep the same, and may freely and without hindrance or interference, read and examine all entries which may have been made therein during a period of sixty days next preceding the date of such affidavit; provided, nevertheless, that the person making such affidavit or the partnership, association or corporation, or in whose behalf the same is made, shall at the time thereof have a present ownership or interest in the assay office, mine, claim, premises, mill, smelter, concentrator, refinery or establishment, from which such ores, free gold, gold dust, gold amalgam, gold specimens, gold bullion, silver, silver nuggets, silver bullion, lead, lead bullion, copper, copper bullion, has been stolen or unlawfully taken or alleged to have been stolen or unlawfully taken. 2485. Failure to keep or making false record punished.

SEC. 3. Every assayer, person, copartnership, association or corporation described in section 1 of this act, who or which shall fail, refuse or neglect to keep the book or books, or to make the entries therein as hereby required, or who or which shall make or cause to be made any false or fictitious entry therein, or who or which shall refuse the right of inspection thereof to any person entitled thereto, as herein provided, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than three hundred dollars or more than one thousand dollars.

2486. Failure, refusal or neglect no defense.

SEC. 4. If any assayer, person, partnership, association or corporation shall fail, refuse or neglect to make the inquiries or secure the information necessary to the making of the proper [ty] entries in said book as provided in section 1 of this act, or shall so negligently and imperfectly make such entry or entries that the nature, character or value of the ore or other property therein mentioned the assayer, partnership, person, association or corporation delivering the same or receiving the proceeds thereof cannot be

ascertained, identified or determined, or shall fail, neglect or refuse to keep such book or books, or shall wilfully lose or mislay or wilfully or knowingly permit to be lost or mislaid the said book or books, or that the same cannot be produced for inspection as herein provided, such failure, refusal or neglect shall not excuse, protect or operate as a defense to any such assayer, partnership, association or corporation as defendant or defendants in any action or prosecution brought or instituted under the provisions of this act.

An Act to regulate the purchase of ore.

Approved March 29, 1907, 365

2487. Possessor of mining claim deemed owner of ore.

SECTION 1. Any person, copartnership, association or corporation in the actual and peaceable possession of any mining claim, under claim or color of title, and engaged in the mining, shipment and treatment, or sale of ores therefrom, shall, as to all persons purchasing such ore or ores in good faith and without notice as herein provided, of the title or claim of title or ownership of any other person, copartnership, association or corporation thereto shall be deemed to be the lawful owner or owners of such ore or ores. 2488. Purchaser in good faith deemed owner.

SEC. 2. Any person who, or copartnership, association or corporation which shall in good faith and in the usual course of business and without notice, as hereinafter provided, purchase and obtain delivery of any ore or ores from any person, copartnership, association or corporation in possession of the mines, mining claim or claims, from which such ore or ores shall have been mined and extracted, shall be deemed the owner or owners of such ores except as herein provided; and he or they shall not be liable to, or subject to any action at law or in equity, for the recovery of the same or the value thereof by any person, copartnership, association or corporation who or which may thereafter be adjudged to be the owner or owners of such mine, mines, mining claim or claims.

2489. Notice not to purchase-Action for recovery of ore-Injunction.

SEC. 3. If any person, corpartnership, association or corporation shall be or shall claim to be the owner or owners, or entitled to the possession or enjoyment of any mine, mines, mining claim, claims or premises, then in the possession of some other person, copartnership, association or corporation claiming to be the owner or owners or entitled to the possession thereof, and mining, shipping and treating or selling the ore therefrom, may, if he, they, or it shall intend or desire to hold purchasers of or those intending to purchase such ore or ores, responsible for the value thereof, serve or cause to be served upon such purchaser or purchasers, or intending purchaser or purchasers, a notice in writing, which shall contain the name of the mine, mines, mining claim, claims or premises, the name of the person, copartnership, association or corporation claiming or asserting ownership or right to the possession or enjoyment thereof, the name or names of the person, copartnership, association or corporation in possession of and mining, shipping and selling ore therefrom, and warning such purchaser or purchasers, or intending purchaser or purchasers, that he, they or it will be held liable and responsible for all ore or ores by him, them, or it purchased and delivered or to be purchased and delivered from such mine, mines, mining claim, claims or premises by such person, copartnership, association or corporation, or his, their or its heirs, assigns or agents subsequent to the service of such notice. Within thirty days from and after the service of such notice, the person, copartnership, association or corporation serving or causing to be served the same, shall institute an action to enforce his, their or its title in some court of competent jurisdiction against the person, copartnership, association or

corporation in possession of and mining and shipping ore from such mine, mines, mining claim, claims or premises, and to enjoin him, them or it from the mining or shipment and sale of ores taken therefrom, pending such action, and at once notify such purchaser or purchasers or intending purchaser or purchasers of such ore or ores of the pendency of such action; provided, that if the notice hereinabove required shall be served after an action shall have been instituted, it shall not be necessary to commence another under the provisions hereof.

2490. Claimant serving notice and not bringing suit liable for double damages.

SEC. 4. If any person, copartnership, association or corporation claiming title to or right of possession of such mine, mines, mining claim, claims or premises, not having before then brought action, shall serve a notice upon any purchaser or purchasers or intending purchaser or purchasers of ore or ores, as provided in section 3 of this act, and shall fail or neglect to institute an action as herein required, such notice shall be deemed to have been waived, and the party or parties serving such notice shall be liable to the parties injured thereby in double damages including costs and reasonable attorney fees, and such purchaser or purchasers or intending purchaser or purchasers shall not be bound by anything therein contained.

2491. Purchaser responsible to real owner.

SEC. 5. Any purchaser of ore or ores, who or which shall have received the notice herein provided for, and followed or preceded by the commencement of an action, as herein set forth, [who] shall purchase or continue to purchase and receive ores taken from the mine, mines, mining claim, claims or premises named therein, shall be liable and responsible for the value thereof to the person, copartnership, association or corporation who or which shall be ultimately adjudged or decreed to be the owner or entitled to the possession thereof.

An Act to protect the rights of owners of stock shares and other interests in the mineral and metal-yielding mines of this state.

Approved February 21, 1877, 80

2492. Provision for inspection of mines by stockholders.

SECTION 1. Any person who shall be the bona fide owner of stock shares representing the value of one-fifth of one per cent of the original capital stock of any company incorporated for the purpose of working upon and mining in any lode, ledge, deposit, or bed of the precious metals, or useful minerals, in this state, and any number of persons who shall be bona fide owners of an aggregate number of mining shares, amounting in value to onefifth of one per cent of said capital stock, at the time application for a permit to examine any such mine shall be made, such owner or owners of mining stock shall, upon a written order from the county clerk, or from the justice of the peace of the county in which such lode, ledge, deposit, or bed is located, be entitled to the privilege of fully examining all of the shafts, adits, borings, drifts, stopes, hoisting apparatus, and every and all properties and appurtenances belonging to any such mining company; provided, that not more than one owner of said percentage or aggregate percentages of such mining stock shall either in person, or by an accredited agent, be entitled to such written order for examination of any specified mine or mining property, oftener than twice in one month; these days shall, however, not be more than fourteen, nor less than fifteen days apart. It shall be the duty of the superintendent or other person or parties in charge of any incorporated mining claim, or mining property in this state, to keep posted in some conspicuous