For the support of the mining bureau, including salaries, $50,000, 60 per cent of said sum to be expended for geological field work and scientific research. AN ACT making appropriations for the support of the government of the State of California for the fortyseventh and forty-eighth fiscal years. The People, etc. * SEC. 1. The following sums of money are hereby appropriated out of any money in the State treasury not otherwise appropriated for the support of the government of the State of California for the forty-seventh and forty-eighth fiscal years: * * For the support of the mining bureau, including salaries, $50,000, 60 per cent of said sum to be expended for geological field work and scientific research. AN ACT making appropriations for the support of the government of the State of California for the fortyninth and fiftieth fiscal years. The People, etc. SEC. 1. The following sums of money are hereby appropriated out of any money in the State treasury not otherwise appropriated for the support of the government of the State of California for the forty-ninth and fiftieth fiscal years: * * * For support of the mining bureau, including salaries, at least 50 per cent of said sum to be expended for field work and scientific research, $50,000. AN ACT making appropriation, etc., for the fifty-first and fifty-second fiscal years. The People, etc. * SEC. 1. The following sums of money are hereby appropriated, etc., for the fiftyfirst and fifty-second fiscal years: * * * For support of State mining bureau, including salaries, $50,000: Provided, That $20,000 of said sum shall be expended in making a practical and scientific examination of the Mother Lode and other mineral districts in California, including the oil districts, and preparing a brief and accurate history of such districts and the development, product, resources, methods of working, and future possibilities of the mining and oil industries in California; such examinations to be made by competent experts experienced in California mining, and assistants, all of whom shall be appointed and their compensation fixed by the governor. AN ACT making an appropriation to pay for printing, binding, and ruling and all other work performed and materials furnished by the State printing office to the various State offices, boards, commissions, prisons, schools, hospitals, and other State institutions, for the remainder of the fifty-second fiscal year. The People, etc. AN ACT making appropriations, etc., for the fifty-third and fifty-fourth fiscal years. The People, etc. SEC. 1. The following sums of money are hereby appropriated, etc., for the fiftythird and fifty-fourth fiscal years: * * * For support of State mining bureau, including salaries, $57,000: Provided, That not less than $29,000 of said sum shall be expended in making a practical and scien tific examination of the mineral districts in California, including the oil districts, and preparing a brief and accurate history of such districts and the development, product, resources, methods of working, and future possibilities of the mining and oil industries in California. Such examinations to be made by competent experts experienced in California mining, and assistants, all of whom shall be appointed and compensation fixed by the governor. AN ACT making an appropriation, etc., for the fifty-fifth and fifty-sixth fiscal years. The People, etc. SEC. 1. The following sums of money are hereby appropriated, etc., for the fiftyfifth and fifty-sixth fiscal years: * * * AN ACT making appropriations, etc., for the fifty-seventh and fifty-eighth fiscal years. The People, etc. SEC. 1. The following sums of money are hereby appropriated, etc., for the fiftyseventh and fifty-eighth fiscal years: For salary of State mineralogist for the State mining bureau, $6,000. LAWS 1907, 859, P. 868; MAR. 22, 1907. AN ACT making appropriations, etc., for the fifty-ninth and sixtieth fiscal years. The People, etc. SEC. 1. The following sums of money are hereby appropriated, etc., for the fiftyninth and sixtieth fiscal years: For the support of the mining bureau, including salaries, $40,000. LAWS 1909, 1105, P. 1117; APR. 26, 1909. AN ACT making appropriations, etc., for the sixty-first and sixty-second fisca lyears. The People, etc. SEC. 1. The following sums of money are hereby appropriated, etc., for the sixtyfirst and sixty-second fiscal years: For support of mining bureau, including salaries, $60,000: Provided, That not less than $30,000 shall be expended in making a practical and scientific examination of the mineral districts of California, including the oil districts, and the development, production, resources, methods of working and future possibilities of the mining and oil industries of California; such examination to be made by competent experts experienced in California mining, and assistants, all of whom shall be appointed and their compensation fixed by the governor. For printing, binding, ruling, and all other work performed and materials furnished by the State printing office to State mining bureau, $7,500. LAWS 1911, 1368, P. 1380; MAY 1, 1911. AN ACT making appropriations, etc., for the sixty-third and sixty-fourth fiscal years. The People, etc. SEC. 1. The following sums of money are hereby appropriated, etc., for the sixtythird and sixty-fourth fiscal years: * * * STATE MINING BUREAU. For salary State mineralogist, $6,000. For support of the mining bureau, including salaries, $40,000. For printing, binding, ruling, and all other work performed and materials furnished by the State printing office to the State mining bureau, $4,000. AN ACT making appropriations, etc., for the sixty-fifth and sixty-sixth fiscal years. The People, etc. SEC. 1. The following sums of money are hereby appropriated, etc., for the sixtyfifth and sixty-sixth fiscal years: * * * STATE MINING BUREAU. For salary of State mineralogist, $6,000. For support of the mining bureau, including salaries, $80,000. AN ACT making appropriations, etc., for the sixty-seventh and sixty-eighth fiscal years. The People, etc. SEC. 1. The following sums of money are hereby appropriated, etc., for the sixtyseventh and sixty-eighth fiscal years: * * * STATE MINING BUREAU. For salary of State mineralogist, $7,200. For support of the mining bureau, including salaries, $90,000. LAWS 1917, 488, P. 503; MAY 14, 1917. AN ACT making appropriations, etc., for the sixty-ninth and seventieth fiscal years. The People, etc. SEC. 1. The following sums of money are hereby appropriated, etc., for the sixtyninth and seventieth fiscal years: * * * STATE MINING BUREAU. For salary of State mineralogist, $7,200. For support of the State mining bureau, $110,000. MINING CLAIMS. LOCATIONS RECORDING NOTICE. LAWS 1875-76, P. 853; APR. 3, 1876. AN ACT to regulate the recording of mining locations in Calaveras County. The People, etc. SEC. 1. A copy of the notice of location of any mining claim hereafter located in the county of Calaveras shall be filed and recorded in the office of county recorder of said county within 6 days from the date of posting said notice of location, notwithstanding any rule, regulation, or by-law of any mining district in said county. SEC. 2. Whenever a notice of location is posted without being recorded, as provided in section 1 of this act, such location shall not be considered notice to subsequent locations recording under this act. MINING CLAIMS RECORD OF NOTICE. LAWS 1897, P. 97; MAR. 9, 1897. CIVIL CODE (1872), SEC. 1159. AN ACT to amend section 1159 of an act entitled "An act to establish a Civil Code," approved March 21, 1872, relative to recording of certain instruments and validating records heretofore made. The People, etc. NOTE. The original section made no reference to mining claims. SEC. 1. Section 1159 of an act entitled "An act to establish a Civil Code," approved March 21, 1872, is hereby amended to read as follows: * SEC. 1159. * * The record of all notices of location of mining claims heretofore made in the proper office without acknowledgment or certificate of acknowledgment or other proof shall have the same force and effect for all purposes as if the same had been duly acknowledged or proved and certified as required by law. Affidavits showing work or posting of notices upon mining claims may also be recorded in the recorder's office of the county where such mining claims are situated. ANNOTATIONS. MINING LOCATIONS. LOCATION NOTICE-RECORDING. This act constituted the only regulation in force in February, 1889, relative to the recording of location notices; and whatever might be the effect of an entire failure to comply with its provisions, a substantial compliance with the requirements of the act would be sufficient, and if a description contained in a notice was complete enough to enable one examining it to ascertain therefrom that the land actually claimed was included therein, this would be such a substantial compliance as would satisfy the statute, as such a description would be a full notice that the land had in fact been appropriated by others. Mitchell v. Hutchinson, 142 Cal. 404, p. 411, 76 Pac. 55 (1903). A placer mining location can not be declared invalid under this act on the gound that it did not conform to the lines of the public survey, as required by the United States statutes (sec. 2329, 2330, and 2331, U. S. Rev. Stat.), where the description of the claim by metes and bounds consisted of nine courses, of which five conformed to the lines of the United States system of public land surveys, where the description did conform to the system of public land surveys as near as was practicable without including within the descripton ground which would be of no value for mining purposes. Mitchell v. Hutchinson, 142 Cal. 404, p. 411, 76 Pac. 55 (1903). A mistake in recording a mining location notice as to a boundary line and the omission of one of several courses is immaterial where there is sufficient description remaining to give notice of the ground intended to be appropriated. Mitchell v. Hutchinson, 142 Cal. 404, p. 411, 76 Pac. 55 (1903). A location notice of a mining claim in Calaveras County must be recorded as required by this special act; but a notice that contains no description of the claim by reference to any natural object or permanent monument by which it may be identified as required by the United States statute (sec. 2324, Rev. Stat.) is insufficient, and the record of it as required by this act adds no force to the notice, nor is the record of such a notice any proof that it was posted on the claim, or that the location was so marked on the ground that its boundaries could be readily traced. Mutchmor v. McCarty, 149 Cal. 603, p. 607, 87 Pac. 85 (1906). This was a special act of the legislature applicable to Calaveras County only, requiring all notices of mining locations to be recorded in the office of county recorder. Mutchmor v. McCarty, 149 Cal. 603, p. 607, 87 Pac. 85 (1906). While the act of March 27, 1897 (p. 214), requiring notices of mining locations to be recorded was repealed by the act of March 20, 1899 (p. 148), yet this act permits notices of locations of mining claims to be recorded and it is the duty of a county recorder to record a notice of the location of a mining claim when presented and on payment of the proper fee, and the duty of the recorder to record the notice does not depend upon the validity of the instrument offered for record, or the effect of the record; and a failure on the part of a recorder to perform his duty in this respect renders him liable in an action upon his official bond. County of Kern v. Lee, 129 Cal. 361, p. 363, 61 Pac. 1124 (1900). LOCATION CERTIFICATE. SEC. 1925, CODE CIVIL PROCEDURE. SEC. 1925. A certificate of purchase, or of location, of any lands in this State, issued or made in pursuance of any law of the United States, or of this State, is primary evidence that the holder or assignee of such certificate is the owner of the land described therein; but this evidence may be overcome by proof that, at the time of the location, or time of filing a preemption claim on which the certificate may have been issued, the land was in the adverse possession of the adverse party, or those under whom he claims, or that the adverse party is holding the land for mining purposes. ANNOTATIONS. CERTIFICATE OF PURCHASE. EVIDENCE OF OWNERSHIP-RIGHTS OF HOLDER. This section applies to certificates of purchase of mineral land and such certificates are prima facie evidence of ownership; but this may be overcome by proof that at the time of the location of the mining claim upon which the certificate issues the claim was in the adverse possession of a third person. McTarnahan v. Pike, 91 Cal. 540, p. 544, 27 Pac. 784 (1891). See Young v. Shinn, 48 Cal. 26. Langenour v. Hennaging, 59 Cal. 625. 32857°-18-Bull. 161—10 |