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SEC. 5. Indigent miners shall be charged for medical attendance, surgical operations, board, and nursing while residents in the hospital and asylum, no more than the actual cost; paying patients, whose friends can pay their expenses, shall pay according to the terms directed by the trustees.
SEC. 6. The several boards of supervisors of counties, or any constituted authority in the state having care and charge of any indigent sick, or aged person or persons, if satisfactorily proven by them to have been miners, shall have authority to send to the "California State Miners' Hospital and Asylum" such persons, and they shall be severally chargeable with the expenses of the care, maintenance, and treatment, and removal to and from the hospital and asylum of such patients.
LARCENY OF GOLD-DUST AND AMALGAM.
An act supplementary to an act entitled "An act concerning crimes and punishments," passed April 16, 1850.
[Approved March 20, 1872; 1871-2, 435.]
SECTION 1. Every person who shall feloniously steal, take and carry away, or attempt to take, steal, and carry from any mining claim, tunnel, sluice, under-current, riffle-box, or sulphurate (sulphuret) machine any gold-dust, amalgam, or quicksilver, the property of another, shall be deemed guilty of grand larceny, and upon conviction thereof shall be punished by imprisonment in the state prison for any term of not less than one year nor more than fourteen years. SEC. 2. This act shall be in force from and after its passage.
MINER'S INCH DEFINED.
An act fixing and defining a miner's inch of water.
The people of the state of California, represented in senate and assembly, do enact as follows:
SECTION 1. The standard miner's inch of water shall be equivalent or equal to one and one-half cubic feet of water per minute, measured through any aperture or orifice.
SEC. 2. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.
This act shall be in effect and force sixty days from and after its passage.
FORMS FOR LOCATION NOTICES.
The following forms for mineral location notices have been found to fill the requirements of the statutes:
Notice is hereby given, That I,
a citizen of the United States, have discovered a vein of rock in place, carrying gold, silver, copper, and other valuable deposits, upon which I have erected a discovery monument and posted this notice, as hereinafter set forth; that in accordance with the provision of Chapter 6, Title 32 of the Revised Statutes of the United States and the laws of the State of California, I hereby claim fifteen hundred linear feet of said vein, measured thereon as hereinafter set forth. Said discovery was made on the day of 19____. Immediately upon making the same, and on the 19----,
I erected at the point of discovery, a substantial monument, consisting of a mound of rocks and --. and posted thereon this notice. and I claim in from
The general course of said vein is length thereon feet and feet said discovery monument. I also claim three hundred feet on each side of the center of the vein. This vein or claim shall be known as and called the
It is situated in
NOTICE OF QUARTZ LODE LOCATION.
Dated and posted on the ground, this
That the following is a description of said location as marked on the ground: ‡ commencing at the of said claim, a from which initial point the discovery monument is disfeet in a direction;
Mining District, and B. and M., in
being placed about §
*Make this description in accordance with the facts, as "The general course of said vein is north and south. I claim in length thereon 500 feet north and 1,000 feet south from said discovery monument."
If the claim is upon surveyed land, give the section, township and range, if possible. This is not required by law, but makes a much better description.
Here refer to some natural object or permanent monument so as to identify the locality of the claim, in compliance with section 2324, Revised Statutes U. S. A road, house, tree, known mountain or peak, government corner, mill, or known mining claim, are such objects or monuments. As, "About one mile directly east from John Doe's quartz mill and 400 rods west from the Last Hope mine," etc.
Here state: "Commencing at the N. E. corner of said claim, a mound of rocks 4 ft high," or at any other corner or point in the boundary; give the distance and direction from this initial monument to the discovery monument, and then locate the discovery with reference to some natural object or permanent monument.
Here follows a description of the claim from the initial monument. For instance: "Thence 600 ft. northwesterly to the N. W. corner of said claim, at which point is a mound of rocks 2 ft. high, marked so-and-so (if marked); thence 1,500 ft. southwesterly to the S. W. corner of said claim, being a mound of rocks," etc.; so going around the claim to the point of beginning.
NOTICE OF LOCATION OF PLACER CLAIM.
Notice is hereby given, That
of the United States, h---- this
--- day of
19----, discovered a valuable placer deposit within the limits of this claim; that by virtue of said discovery,
ha---- located, and hereby locate and claim the following described land,
situate in wit: *
acres.† Said claim is hereby named Said claim is marked upon the ground as follows: ‡-----This notice is posted on a mound of rocks at the point of discovery, situated §
Dated and posted on the ground, this
B. and M., containing--
*The statute provides that the locator must give "a description of the claim by reference to legal subdivisions of sections, if the location is made in conformity with the public surveys; otherwise a description with reference to some natural object or permanent monument as will identify the claim."
When not described by legal subdivisions, the description should conform to that contained in the final certificate of location of a lode claim.
The statute provides that, whether described by legal subdivisions or not, the location shall be marked by the locator on the ground, and as the affidavit to be filed later is not required to contain a description of the claim, we think this notice should state how the location is marked; as, for instance, "At the N. E. corner of said tract a mound of rocks 3 ft. high, marked so-and-so (if marked), and at the N. W. corner a stake in a mound of rocks, marked," etc., and so on for each monument enclosing the claim.
Here state where the discovery is located, as, for instance, "20 feet S. W. of the N. E. corner monument."
Note: A duplicate of either of these notices must be filed for record with the county recorder within 30 days from the discovery; and the locator is allowed 30 days to mark his location on the ground.
The foregoing form of placer notice may be used for location of all deposits which are classed under placer laws.
"BLUE SKY LAW."
An act providing for the regulation and supervision of companies, brokers, agents, and sales of securities as the same are therein defined, and to prevent fraud in the sale of securities; providing for the enforcement of said act and penalties for the violation thereof; and creating a state corporation department and the office of commissioner of corporations.
[Approved May 18, 1917. In effect July 27, 1917.]
The people of the State of California do enact as follows:
SECTION 1. This act shall be known as the "corporate securities act."
SEC. 2. Words used in this act in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter, and in the neuter, the masculine and feminine; the singular number includes the plural, and the plural, the singular; "writing" includes "printing" and "typewriting"; "oath" includes "affirmation"; the word "county" includes "city and county"; and "territory" includes "district." The following words have in this act the signification attached to them in this section, unless otherwise apparent from the context: 1. The word "department" means the "state corporation department" created by this act.
2. The word "commissioner" means the "commissioner of corporations."
3. The word "company" includes all domestic and foreign, private corporations, associations, joint stock companies, and partnerships, of every kind, and also trustees, as hereinafter defined; excepting therefrom:
(a) All national banking associations and other corporations organized and existing under and by virtue of the acts of the congress of the United States;
(b) All public utilities subject to the jurisdiction, control, and regulation of the railroad commission of this state and to the public utilities act;
(c) All corporations transacting a banking or insurance business within this state;
(d) All corporations, associations, or societies transacting business under the supervision, examination, and license of the bureau of building and loan supervision; and
(e) Every corporation organized under the laws of this state exclusively for the purposes provided in any of the following titles, to wit: XIa, XII, XIIa, XIV, XXI, XXII, of Part IV, Division First, of the Civil Code, and in accordance with the provisions of such titles.
4. The word "trust" as used in this act includes all voluntary trusts, as the same are defined in the Civil Code, expressly created by or declared in an instrument in writing, other than a will or a judicial writ, order, decree, or judgment, to carry on any business or to secure the payment or repayment of money.
5. The word "trustee," except as hereinafter used in subdivision 9 of this section, includes only persons or companies executing trusts as hereinbefore defined.
6. The word "security" includes:
(a) All shares or other interests or rights into which the capital, capital stock, or property of companies or rights of stockholders or members therof are divided, including all treasury shares and shares of their own capital stock purchased or otherwise acquired by companies upon delinquent assessment sales or in any other lawful manner, and all certificates and other instruments issued by them or their authority, evidencing or representing such shares, interests, or rights;
(b) All bonds, debentures, and evidences of indebtedness issued by any company;
(c) Any instrument issued or offered to the public by any company, evidencing or representing any right to participate or share in the profits or earnings or the
distribution of assests of any business carried on for profit; excepting therefrom the following:
1. Bills of exchange and promissory notes not offered to the public by the drawer, maker, or underwriter thereof, and all mortgages and deeds of trust of property situated in this state, executed to secure the payment thereof; and
2. Any security listed in any standard manual of information, as to which the commissioner shall first make and file his written finding to the effect that such security is fully and accurately described in such manual and that a sale thereof will not, in his opinion, work a fraud upon the purchaser thereof; provided, that if such finding shall thereafter be vacated or set aside, such security shall not thereafter be deemed to be included within this exception.
7. A "sale," within the meaning of this act, includes every contract by which, for a pecuniary consideration, called a price, one transfers to another an interest in property, and also an exchange, a pledge, a hypothecation, and any transfer in trust or otherwise as security for the performance of an obligation, and also any issue of any security by a company; and the word "sell," as used in this act, includes every act by which such sale is made.
8. The word "agent" as used in this act means and includes every person or company employed or appointed by a company or a broker who shall, within this state, either as an employee or otherwise, for a compensation, sell, offer for sale, negotiate for the sale of, or take subscriptions for any security of any company of its own issue offered for sale by it.
9. The word "broker" as used in this act includes every person or company, other than an agent, who shall, in this state, engage, either wholly or in part, in the business of selling, offering for sale, negotiating for the sale of, or otherwise dealing in any security or securities issued by others, or of underwriting any issue of securities or of purchasing such securities with the purpose of reselling them or of offering them for sale to the public for a commission or at a profit; ercepting therefrom the following:
(a) Any owner of any security who is not the issuer or an underwriter thereof, who sells or exchanges the same for his own account; provided, that such sale or exchange is not made in the course of repeated and successive transactions of like or similar character by him;
(b) Any trustee who, in such capacity, lawfully disposes of any property;
(e) Any company transacting a banking or insurance business in this state, selling a security for an owner thereof or a broker, other than an underwriter thereof, at a commission of not more than two per cent of the par or face value thereof; provided, such sale is not made in the course of repeated and successive transactions of like or similar character by such company;
(d) One, not the issuer, who disposes of securities to a broker or to a purchaser who, as a part of his regular business, purchases such securities;
(e) Any pledge holder selling, in good faith and not for the purpose of avoiding the provisions of this act, and in the ordinary course of business, a security pledged with him as security for a bona fide debt.
10. The words "actual fraud," as used in this act, are defined in section one thousand five hundred seventy-two of the Civil Code.
Permit to sell securities.
SEC. 3. No company shall sell, except upon a sale for a delinquent assessement made in accordance with the provisions of Article II of Chapter II of Title I of Part IV of Division First of the Civil Code; or offer for sale, negotiate for the sale of, or take subscriptions for any security of its own issue until it shall have first applied for and secured from the commissioner a permit authorizing it so to do. Such application shall be in writing, shall be verified as provided in the Code of Civil Procedure for the verification of pleadings, and shall be filed in the office of the commissioner. In such application the applicant shall set forth the names and addresses of its officers, the location of its office, an itemized account of its financial condition, the amount and character of its assets and liabilities, a detailed state