MINING CORPORATIONS. An Act for the further protection of stockholders in mining companies. [Approved April 23, 1880.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall not be lawful for the directors of any mining corporation to sell, lease, mortgage, or otherwise dispose of the whole or any part of the mining ground owned or held by such corporation, nor to purchase or obtain in any way (except by location) any additional mining ground, unless such act be ratified by the holders of at least two thirds of the stock of such corporation then outstanding. Such ratification may be made either in writing, signed and acknowledged by such stockholders, or by resolution, duly passed at any regularly called stockholders' meeting. The certificate of the secretary of any mining corporation, reciting such ratification at a stockholders' meeting, or the names of stockholders with the amount of stock held by each, and the total stock outstanding, signed and acknowledged by him in the manner provided for acknowledgments to conveyances of real property, may be attached to or indorsed upon any deed, mortgage, conveyance, or other instrument made under this Act and recorded with such deed, conveyance, or other instrument, and the recitals contained in such certificate, or the duly recorded copy thereof, are made prima facie evidence of their truthfulness for all purposes whatsoever; provided, that no one except a stockholder in any such corporation shall be permitted to urge any objection to the acquisition of any additional ground or other property by such corporation. [Amendment approved March 9, 1897.] SEC. 2. All stock in each and every mining corporation in this State shall stand in the books of said company, in all cases, in the names of the real owners of such stock, or in the name of the trustees of such real owners; but in every case where such stock shall stand in the name of a trustee, the party for whom he holds such stock in trust shall be designated upon said books, and also in the body of the certificate of such stock. SEC. 3. It shall not be lawful for any such corporation, or the secretary thereof, to close the books of said corporation more than 253 two days prior to the day of any election. At such election the stock of said corporation shall be voted by the bona fide owners thereof, as shown by the books of said corporation, unless the certificate of stock, duly indorsed, be produced at such election, in which case said certificates shall be deemed the highest evidence of ownership, and the holder thereof shall be entitled to vote the same. SEC. 4. All Acts and parts of Acts in conflict with this Act are hereby repealed. SEC. 5. This Act shall take effect from and after its passage. 106 Cal. 551; 118 Cal. 137; 119 Cal 359; 127 Cal. 284; 130 Cal. 351 An Act for the better protection of the stockholders in corporations, formed under the laws of the State of California, for the purpose of carrying on and conducting the business of mining. [Approved March 30, 1874; amended April 23, 1880; amended February 26, 1897.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be the duty of the secretary of every corporation formed for the purpose of mining, or conducting mining in California, to keep a complete set of books showing all receipts and expenditures of such corporation, the sources of such receipts, and the objects of such expenditures, and also all transfers of stock. All books and papers shall, at all times during business hours, be open to the inspection of any bona fide stockholder; and if any stockholder shall at any time so request, it shall be the duty of the secretary to attend at the office of said company at least one hour in the day out of regular business hours, and exhibit such books and papers of the company as such stockholder may desire, who shall be entitled to be accompanied by an expert; and he shall also be entitled to make copies or extracts from any such books or papers. Any stockholder may, at reasonable hours, have permission to examine such mining property, and he shall be entitled to be accompanied by an expert to examine such property, to take samples, and to make such other examination as he may deem necessary. It shall be the duty of the directors, on the second Monday of each and every month, to cause to be made an itemized account or balance sheet for the previous month, embracing a full and complete statement of all disbursements and receipts, showing from what sources such receipts were derived, and for what and to whom such disbursements or payments were made, and for what object or purpose the same were made; also all indebtedness or liabilities incurred or existing at the time, and for what the same were incurred, and the balance of money, if any, on hand. Such account or balance sheet shall be verified under oath by the president and secretary, and posted in some conspicuous place in the office of the company. It shall be the duty of the Superintendent, on the first Monday of each month, to file with the secretary an itemized account, verified under oath, showing all receipts and disbursements made by him for the previous month, and for what said disbursements were made. Such account shall also contain a verified statement showing the number of men employed under him, and for what purpose, and the rate of wages paid to each one. He shall attach to such account a full and complete report, under oath, of the work done in said mine, the amount of ore extracted, from what part of mine taken, the amount sent to mill for reduction, its assay value, the amount of bullion received, the amount of bullion shipped to the office of the company or elsewhere, and the amount, if any, retained by the superintendent. It shall also be his duty to forward to the office of the company a full report, under oath, of all discoveries of ores or mineral-bearing quartz made in said mine, whether by boring, drifting, sinking, or otherwise, together with the assay value thereof. All accounts, reports, and correspondence from the superintendent shall be kept in some conspicuous place in the office of said company, and to be open to the inspection of all stockholders; provided, that this section shall apply only to mining corporations whose stock is listed and offered for sale at public exchange, and shall not apply to mining corporations whose stock is not listed in the public exchange and is not offered for public sale. [Amendment approved February 26, 1897.] SEC. 2. Any bona fide stockholder of a corporation formed under the laws of this State for the purpose of mining, shall be entitled to visit, accompanied by his expert, and examine the mine or mines owned by such corporation, and every part thereof, at any time he may see fit to make such visit and examination; and when such stockholder shall make application to the president of such corporation, he shall immediately cause the secretary thereof to issue and deliver to such applicant an order, under the seal of the corporation, directed to the superintendent, command ing him to show and exhibit such parts of said mine or mines, as the party named in said order may desire to visit and examine. It shall be the duty of the superintendent, on receiving such order, to furnish such stockholder every facility for making a full and complete inspection of said mine or mines, and of the workings therein; it shall be his duty also to accompany said stockholder either in person, or to furnish some person familiar with said mine or mines to accompany him in his visit to and through such mine or mines, and every part thereof. In case of the failure or refusal of the superintendent to obey such order, such stockholder shall be entitled to recover, in any court of competent jurisdiction, against said corporation, the sum of one thousand dollars and traveling expenses to and from said mine as liquidated damages, together with costs of suit. In case of such refusal, it shall be the duty of the directors of such corporation forthwith to remove the officer so refusing, and thereafter he shall not be employed directly or indirectly by such corporation, and no salary shall be paid to him. [Amendment approved April 23, 1880.] SEC. 3. In case of the refusal or neglect of the president to cause to be issued by the secretary the order in the second section of this Act mentioned, such stockholder shall be entitled to recover against said president the sum of one thousand dollars and costs, as provided in the last section. In case of the failure of the directors to have the reports and accounts current made and posted as in the first section of this Act provided, they shall be liable, either severally or jointly, to an action by any stockholder in any court of competent jurisdiction complaining thereof, and on proof of such refusal or failure, such complaining stockholder shall recover judgment for actual damages sustained by him, with costs of suit. And each of such defaulting directors shall also be liable to removal for such neglect. [Amendment approved February 26, 1897.] SEC. 4. All Acts in conflict with the provisions of this Act are hereby repealed. [Approved March 30, 1874.] Note: The original Act took effect sixty days after passage. amendments thereto took effect immediately. All 105 Cal. 377, 379; 115 Cal. 310; 119 Cal. 363; 127 Cal. 287, 606. An Act to establish a uniform system of mine bell signals, to be used in all the mines operated in the State of California, and for the protection of miners. [Approved March 8, 1893.] The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Every person, company, corporation, or individual, operating any mine within the State of California-gold, silver, copper, lead, coal, or any other metal or substance where it is necessary to use signals by means of bell or otherwise, for shafts, inclines, drifts, crosscuts, tunnels, and underground workingsshall, after the passage of this bill, adopt, use, and put in force the following system or code of mine bell signals, as follows: 1 bell, to hoist. (See Rule 2.) 1 bell, to stop if in motion. 2 bells, to lower. (See Rule 2.) 3 bells, man to be hoisted; run slow. (See Rule 2.) 4 bells, start pump if not running, or stop pump if running. 1-3 bells, start or stop air compressor. 5 bells, send down tools. (See Rule 4.) 6 bells, send down timbers. (See Rule 4.) 7 bells, accident; move bucket or cage by verbal orders only. 1-4 bells, foreman wanted. 2-1-1 bells, done hoisting until called. 2-1-2 bells, done hoisting for the day. 2-2-2 bells, change buckets from ore to water, or vice versa. 3-2-1 bells, ready to shoot in the shaft. (See Rule 3.) Engineer's signal, that he is ready to hoist, is to raise the bucket or cage two feet and lower it again. (See Rule 3.) Levels shall be designated and inserted in notice hereinafter mentioned. (See Rule 5.) SEC. 2. For the purpose of enforcing and properly understanding the above code of signals, the following rules are hereby established: RULE 1. In giving signals make strokes on bell at regular intervals. The bar (-) must take the same time as for one stroke of the bell, and no more. If timber, tools, the foreman, bucket, or , cage, are wanted to stop at any level in the mine, signal, by number of strokes on the bell, the number of the level first before giving |