..... or co-owners, his proportion of such expenditures, and also all costs of service of the notice required by this section, whether incurred for publication charges, or otherwise, such co-owner or co-owners shall sign and deliver to the delinquent or delinquents a writing, stating that the delinquent or delinquents by name has within the time required by section 2324, aforesaid, contributed his share for the year ......, upon the ... mine, and further stating therein the district, county and state wherein the same is situated, and the book and page where the location notice is recorded, if said mine was located under the provisions of this act; such writing shall be recorded in the office of the county recorder of said county, for which he shall receive the same fees as are now allowed by law for recording deeds. If such co-owner or coowners shall fail to sign and deliver such writing to the delinquent or delinquents within twenty days after such contribution, the co-owner or co-owners so failing as aforesaid shall be liable to the penalty of one hundred dollars to be recovered by any person for the use of the delinquent or delinquents in any court of competent jurisdiction. If such co-owner or coowners fail to deliver such writing within said twenty days, the delinquent, with two disinterested persons having personal knowledge of such contribution, may make affidavit setting forth in what manner, the amount of, to whom, and upon what mine, such contribution was made. Such affidavit, or a record thereof, in the office of the county recorder, of the county in which such mine is situated, shall be prima facie evidence of such contribution. Sec. 1426p. (Record of location as evidence.) The record of any location of a mining claim, mill site or tunnel right, in the office of the county recorder, as herein provided shall be received in evidence, and have the same force and effect in the courts of the state as the original notice. Sec. 1426q. (Certified copies of records as evidence.) Copies of the records of all instruments required to be recorded by the provisions of this act, duly certified by the recorder, in whose custody such records are, may be read in evidence, under the same circumstances and rules as are now, or may be hereafter provided by law, for using copies of instruments relating to real estate, duly executed or acknowledged or proved and recorded 1426r. (Construction existing; mining districts and regulations not affected.) The provisions of this act shall not in any manner be construed as affecting or abolishing any mining district or the rules and regulations thereof within the State of California. Sec. 1426s. (Disqualification for failure to perform development work.) The failure or neglect of any locator of a mining claim to perform development work of the character, in the manner and within the time required by the laws of the United States, shall disqualify such locators from relocating the ground embraced in the original location or mining claim or any part thereof under the mining laws, within three years after the date of his original location and any attempted relocation thereof by any of the original locators shall render such location void. Sec. 2. All acts and parts of acts in conflict with this act, are hereby repealed. Civ. Code, 1909. Sec. 2511. When a mining partnership exists. A mining partnership exists when two or more persons who own or acquire a mining claim for the purpose of working it and extracting the mineral therefrom actually engage in working the same. (En. March 21, 1872.) 107 Cal. 504; 128 Cal. 120; 121 Cal. 213; 127 Cal. 520; 89 Cal. 367; 112 Cal. 380. Sec. 2512. (Civil Code.) Express agreement not necessary to constitute. 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. (En. March 21, 1872.) 127 Cal. 520; 42 Cal. 367; 107 Cal. 504. Sec. 2513. (Civil Code.) Profits and losses, how shared. 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. (En. March 21, 1872.) 89 Cal. 367. Sec. 2514. (Civil Code.) Lien of partners. 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. (En. March 21, 1872.) 144 Cal. 771; 89 Cal. 367; 66 Cal. 577. Sec. 2515. (Civil Code.) Mine-Partnership property. The mining ground owned and worked by partners in mining, whether purchased with partnership funds or not, is partnership property. (En. March 21, 1872.) 24 Cal. 569; 28 Cal. 569. Sec. 2516. Partnership not dissolved by sale of interest. One of the partners in a mining partnership may convey his interest in the mine and business without dissolving the partnership. The purchaser from the date of his purchase, becomes a member of the partnership. (En. March 21, 1872.) 112 Cal. 380; 42 Cal. 367; 19 Cal. 120. Sec. 2517. (Civil Code.) Purchaser takes, subject to liens, unless, etc. A purchaser in an interest 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. (En. March 21, 1872.) Sec. 2518. (Civil Code.) Takes with notice of lien, when. A purchaser of the 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 partnership. (En. March 21, 1872.) 42 Cal. 180; 42 Cal. 636. Sec. 2519. (Civil Code.) Contract in writing, when binding. No member of a mining partnership or other agent or manager thereof can, by a contract in writing, bind the partnership, except by express authority derived from the members thereof. (En. March 21, 1872.) 42 Cal. 367; 42 Cal. 180; 23 Cal. 198. Sec. 2520. (Civil Code.) Owners of majority of shares govern. 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. (En. March 21, 1872.) 89 Cal. 367; 42 Cal. 180. Sec. 2955. This section provides that mining machinery may be chattel mortgaged. CODE OF CIVIL PROCEDURE. Sec. 690. (Code of Civil Proc.) Exemption from Executions. 5. The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars; also his sluices, pipes, hose, windlass, derrick, cars, pumps, tools, implements, and appli ances necessary for carrying on any mining operations, not exceeding in value the aggregate sum of five hundred dollars; 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 on any whim, windlass, derrick, car pump, or hoisting gear; and also his mining claim, actually worked by him, not exceeding in value the sum of one thousand dollars. Sec. 738. Code of Civil Proc., provides for an action to quiet title, with right of trial by jury. Under this section an action. may be brought to quiet title to mining property by any person in possession. Sec. 742. (Code of Civil Proc.) An order may be made to allow a party to survey and measure the land in dispute. The court in which an action is pending for the recovery of real property, or for damages for an injury thereto, or a judge thereof, may, on motion, upon notice by either party, for good cause shown, grant an order allowing to such party the right to enter upon the property and make survey and measurement thereof, and of any tunnels, shafts, or drifts therein, for the purpose of the action, even though entry for such purpose has to be made through other lands, belonging to parties to the action. En. March 11, 1872. Am'd 1880, 11. Sec. 743. (Code of Civil Proc.) Order, what to contain, and how served. If unnecessary injury done, the party surveying to be liable therefor. The order must describe the property, and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon the property, with necessary surveyors and assistants, and make such survey and measurement; but if any unnecessary injury be done to the property, he is liable therefor. En. March 11, 1872. Sec. 748. (Code of Civil Proc.) Mining claims, actions concerning to be governed by local rules. In actions respecting mining claims, proofs must 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 laws of this state, must govern the decision of the action. (En. March 11, 1872.) 69 Cal. 383; 31 Cal. 393. Sec. 1183. (Code of Civil Proc.) This section provides that: Mechanics, materialmen, contractors, subcontractors, artisans, architects, machinists, builders, miners, and all persons and laborers of every class performing labor upon or furnishing materials to be used in the construction, alteration, addition to, or repair, either in whole or in part, of any building, wharf, ditch, bridge, flume, aqueduct, well, tunnel, fence, machinery, railroad, wagon road or other structure, shall have a lien upon the property upon which they have bestowed labor or furnished materials, for the value of such labor done and materials furnished, whether at the instance of the owner, or of any other person acting by his authority or under him, as contractor or otherwise; and any person who performs labor in any mining claim or claims, or in or upon any real property worked as a mine, either in the development thereof or in working thereon by the subtractive process, has a lien upon the same, and the works owned and used by the owners for reducing the ores from such mining claim or claims, or real property so worked as a mine, for the work or labor done or materials furnished by each respectively, whether done or furnished at the instance of the owner of such mining claim or claims or real property worked as a mine or of the building, or other improvement of his agent; and every contractor, subcontractor, architect, builder or other person having charge of any mining, or work and labor performed in and about such mining claim or claims, or real property worked as a mine, or the construction, alteration, addition to or repair, either in whole or in part of any building or other improvement as aforesaid, or of such mining claim or claims, either as lessee or under a working bond or contract thereon, with the privilege of purchase, or otherwise, shall be held to be the agent of the owner for the purposes of this chapter. Reference is here made to said Section for terms of contract, etc. Sec. 1187. (Code of Civil Proc.) Provides that such liens shall be filed in the recorder's office; for the provisions of such section reference is here made to the same and to succeeding sections for procedure to enforce mechanics liens. Secs. 1204 to 1207, inclusive. (Code of Civil Proc.) Provide, in cases of assignment of mining companies, for liens on mining claims and procedure to collect same. EMINENT DOMAIN. Sec. 1238. (Code of Civil Proc.) Purposes for which it may be exercised. Subject to the provisions of this title, the right of eminent domain may be exercised in behalf of the following public uses. 5. Roads, tunnels, ditches, flumes, pipes and dumping places for working mines; also outlets, natural or otherwise, for the flow, deposit or conduct of tailings or refuse matter from mines; also an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit, or conduct of tailings or refuse matter from their several mines. 6. By-roads leading from highways to residences, farms, mines, mills, factories and buildings for operating machinery, or necessary to reach any property used for public purposes. 12. Canals, reservoirs, dams, ditches, flumes, aqueducts, pipes and outlets, natural or otherwise, from sources other than a navigable lake, for supplying, storing and discharging water for or in connection with the operation of machinery for the purposes of generating and transmitting electricity for |