Mill site, location of. § 1426j. The proprietor of a vein or lode claim or mine, or the owner of a quartz mill or reduction works, or any person qualified by the laws of the United States, may locate not more than five acres of non-mineral land as a mill site. Such location shall be made in the same manner as hereinbefore required for locating placer claims. New section; added March 13, 1909; stats. 1909, p. 315; in effect July 1, 1909. Record of location, mill site. § 1426k. The locator of a mill site claim or location shall, within thirty days from the date of his location, record a true copy of his location notice with the county recorder of the county in which such location is situated, for which service the recorder shall receive a fee of one dollar. New section; added March 13, 1909; stats. 1909, p. 315; in effect July 1, 1909. Yearly work required, mining claim. § 14261. The amount of work done or improvements made during each year to hold possession of a mining claim shall be that prescribed by the laws of the United States, to wit: One hundred dollars annually. New section; added March 13, 1909; stats. 1909, p. 315; in effect July 1, 1909. Record of work. § 1426m. Whenever mine owner, company, or corporation shall have performed the labor and made the improvements required by law upon any mining claim, the person in whose behalf such labor was performed or improvements made, or some one in his behalf, shall within thirty days after the time limited for performing such labor or making such improvements make and have recorded by the county recorder, in books kept for that purpose, in the county in which such mining claim is situated, an affidavit setting forth the value of labor or improvements made, the name of the claim, and the name of the owner or claimant of said claim at whose expense the same was made or performed. Such affidavit, or a copy thereof, duly certified by the county recorder, shall be prima facie evidence of the performance of such labor or the making of such improvements, or both. New section; added March 13, 1909; stats. 1909, p. 315; in effect July 1, 1909. Recorder's fee. § 1426n. For recording the affidavit herein required, the county recorder shall receive a fee of fifty cents. New section; added March 13, 1909; stats. 1909, p. 316; in effect July 1, 1909. Delinquent co-owners, notice to; payment by delinquents. § 14260. Whenever a coöwner or coöwners of a mining claim shall give to a delinquent coöwner or coöwners the notice in writing or notice by publication provided for in section 2324, Revised Statutes of the United States, an affidavit of the person giving such notice, stating the time, place, manner of service, and by whom and upon whom such service was made, shall be attached to a true copy of such notice, and such notice and affidavit must be recorded in the office of the county recorder, in books kept for that purpose, in the county in which the claim is situated, within ninety days, after the giving of such notice; for the recording of which said recorder shall receive the same fees as are now allowed by law for recording deeds; or if such notice is given by publication in a newspaper, there shall be attached to a printed copy of such notice an affidavit of the printer or his foreman, or principal clerk of such paper, stating the date of the first, last and each insertion of such notice therein, and where the newspaper was published during that time, and the name of such newspaper. Such affidavit and notice shall be recorded as aforesaid, within one hundred and eighty days after the first publication thereof. The original of such notice and affidavit, or a duly certified copy of the record thereof, shall be prima facie evidence that the delinquent mentioned in section 2324 has failed or refused to contribute his proportion of the expenditure required by that section, and of the service of publication of said notice; prorided, the writing or affidavit hereinafter provided for is not of record. If such delinquent shall, within the ninety days required by section 2324, aforesaid, contribute to his coöwner or coöwners, 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 coöwner or coöwners 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 are 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 coöwner or coöwners shall fail to sign and deliver such writing to the delinquent or delinquents within twenty days after such contribution, the coöwner or coöwners 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 coöwner or coöwners 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. New section; added March 13, 1909; stats. 1909, p. 316; in effect July 1, 1909. Records to be received in evidence. § 1426p. 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. New section; added March 13, 1909; stats. 1909, p. 317; in effect July 1, 1909. Copies of records as evidence. § 1426q. 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. New section; added March 13, 1909; stats. 1909, p. 317; in effect July 1, 1909. Effect on mining districts. § 1426r. 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. New section; added March 13, 1909; stats. 1909, p. 317; in effect July 1, 1909. Neglect to perform development work. § 1426s. 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. New section; added March 13, 1909; stats. 1909, p. 317; in effect July 1, 1909. § 1772. One who sells or agrees to sell any article to which there is affixed or attached a trade-mark, thereby warrants that mark to be genuine and lawfully used. Enacted March 21, 1872. Selling goods with counterfeit trademark: See Pen. C., § 351. Other marks. § 1773. One who sells or agrees to sell any article to which there is affixed or attached a statement or mark to express the quantity or quality thereof, or the place where it was, in whole or in part, produced, manufactured, or prepared, thereby warrants the truth thereof. Enacted March 21, 1872. Owner of trade-mark: Pol. C. § 3199. As to trade-marks generally, see Civ. C. §§ 654, 655, 991; Pol. C. §§ 3196 to 3201; Pen. C. §§ 349a to 3544; also "Trademarks," statutes at large, Appendix. |