RIGHTS OF WAY. RIGHTS OF WAY OVER MINING CLAIMS. LAWS 1853, P. 169; MAY 12, 1853. COMPILED LAWS 1850–1853, P. 291. (GENERAL LAWS 18501864, SEC. 909.) AN ACT to authorize the formation of corporations for the construction of plank or turnpike roads. The People, etc. SEC. 16. The company shall not locate their road through any house or orchard, or through any yard or garden within 50 feet of any dwelling house, or through or over any mining claim, ditch, flume, or aqueduct, carrying water for mining or other purposes, so as to hinder or obstruct the working of such claim or the running of such water without the consent of the owner thereof, or the approval of two or three commissioners, to be appointed by the court of sessions for such purpose; and should such approval be obtained, and the road be located, the damages shall be assessed by the last-named commissioners, and collected in the same manner as is provided in section 15 of this act. LAWS 1869-70, P. 569; APR. 1, 1870. (GENERAL LAWS 1864-1871, SEC. 8934-8943.) The People, etc. * SEC. 1. The owner or owners of mines or mining claims in this State shall have a right of way for ingress and egress, for all necessary purposes, over and across the land or mining claims of others, as hereinafter prescribed. NOTE.-Sect ons 8934-8943, General Laws 1864-1871, are the same as sections 1 to 11, Laws 1869–70, p. 569. SEC. 2. Whenever any mine or mining claim shall be so situated that it can not be conveniently worked without a road thereto, or a ditch to convey water thereto, or a ditch or cut to drain water therefrom, or without a flume or tunnel thereto, or a place whereon to dump or deposit tailings, and such road, ditch, or drain, or such flume or tunnel shall necessarily pass over, across, or through or under, and such place of deposit be upon mining claims or other lands owned or occupied by others, then shall such first-mentioned owner or owners be entitled to a right of way for such road, ditch, drain, flume, or tunnel over, across, or through or under, or to such place of deposit upon such other mining claims or lands, upon compliance with the provisions of this act. SEC. 3. Whenever the owner or owners of any mine or mining claim shall desire to work the same and it is necessary, to enable him or them to do so conveniently, that he or they should have a right of way for any of the purposes mentioned in the foregoing sections, or that he or they should have a place for dumpage and deposit of tailings, as mentioned in the preceding section, and such right of way or place of deposit shall not have been acquired by private agreement between him or them and the owners or occupants of the claims or lands over, across, under, or upon which he or they seek to establish such right of way or place of deposit, then it shall be lawful for him or them to present to the county court, or to the county judge, if the court be not in session, of the county wherein such mine or claims are situated, a petition praying that such right of way or place of deposit be awarded to him or them. Such petition shall be verified and shall contain a particular description of the character and extent of the right sought, a description of the mine or claims of the petitioners, and of the claims or lands to be affected by such right or privilege, with the names of the owners or occupants thereof. It shall also show that such right or privilege has not been acquired by private agreement or contract between the respective parties and shall conclude with a prayer for the allowance thereof by the court or judge and the appointment of three commissioners to assess the damages resulting from such allowance. SEC. 4. Upon the receipt of such petition and the filing thereof in the office of the clerk of the county court, the court or judge, as the case may be, shall direct a citation to issue, under the seal of the court, to the owners named in the petition, of mining claims or lands to be affected by the granting of such right or privilege, requiring them and each of them to appear before such court or the judge thereof, if the court be not in session, on a day therein named, which shall not be less than 10 days from the service thereof, and show cause why such right or privilege should not be awarded or allowed, and such commissioners appointed as prayed for. Such citation shall be served on each of the parties therein named, in the manner prescribed by law for the service of summons in ordinary proceedings at law. SEC. 5. Upon the day named in the citation, or upon any subsequent day to which the hearing may be adjourned, the county court, or the county judge, if the court be not in session, shall proceed to hear the allegations and proofs of the respective parties, and if satisfied that the claims of the petitioners can only be conveniently worked by means of the right of way, privilege, or place of deposit prayed for, shall make an order adjudging and awarding to such petitioners such right of way, privilege, or place of deposit, and appointing three disinterested persons, residents of the county, as a commission to assess the damages resulting to the owners of mining claims or lands affected thereby. SEC. 6. The commissioners so appointed, being duly sworn, shall proceed without delay to examine the mine or claims of the person or persons petitioning, as well as the mining claims or lands to be affected by the right or privilege prayed for. They may also hear testimony relative to the value of such mining claims or lands and the damages resulting from such right or privilege, and report in writing the result of their inquiries to the court or judge appointing them. Such report shall designate the course or line and dimensions of the road, ditch, drain, flume, or tunnel (as the case may be), or the place of deposit prayed for. It shall further designate the value of the lands to be occupied by or appropriated to and for such right of way or place of deposit, and assign the damages which each of the owners or occupants of mining claims or lands affected by such right or place of deposit shall suffer in consequence thereof. SEC. 7. Within 10 days from the filing of such report any of the parties concerned in the same may move, for cause shown by affidavit, to set aside the same; and if, upon the hearing of such motion, such court or judge shall set aside or vacate such report a new commission shall be appointed, which shall proceed in all respects as is provided for the first commission. If no motion to set aside the report of the first or any succeeding commission be made as provided in the last section, or if, being made, it is denied, then the same shall be regarded as final, and an order shall be made by the court or judge in pursuance thereof. SEC. 8. Upon the payment of the sum assessed as damages to each of the owners or occupants of claims or lands to whom the same shall have been awarded by the report and order mentioned in the preceding section, then the person or persons petitioning shall be entitled to the right of way or place of deposit as designated and defined by such report, over or upon the land or claims of the person or persons receiving such compensation, and he or they may, upon making such payment, proceed to occupy the line, route, way, or place of deposit so designated and to erect thereon such works and structures, and mak esuch excavations as may be necessary to the use and enjoyment of the right of way or place of deposit so awarded. SEC. 9. Whenever the owner or owners of any mine or mining claims are desirous, in working the same, to carry off the tailings and other refuse matter through and along any water course, ravine, or natural outlet which is in whole or in part owned or occupied by other persons for mining or other purposes, then such first-mentioned owner or owners may proceed, in the manner hereinbefore provided, to have such right and privileges awarded to him or them; provided, nevertheless, that the county court or judge shall not make such award or appoint a commission unless such court or judge shall be satisfied that the right or privilege sought can be enjoyed without especial injury to those owning or occupying claims or lands along or upon such water course, ravine, or outlet. SEC. 10. All costs and expenses shall be paid by the party making the application, and the commissioners appointed shall receive $5 per day for each day actually engaged in the service. SEC. 11. This act shall take effect from and after its passage. ANNOTATIONS. RIGHTS OF WAY AND EASEMENTS. 1. STATUTORY REMEDY NOT EXCLUSIVE. 2. MINERS' CUSTOMS. 3. APPROPRIATION OF LAND-DEPOSIT OF TAILINGS. 1. STATUTORY REMEDY NOT EXCLUSIVE. This act undertakes to provide means by which a party may procure a right which he would not otherwise have; but it can not be construed to have the effect of excluding a party from the enforcement of a right which he claims to have independent of the statute. Bliss v. Kingdom, 46 Cal. 651, p. 653 (1873). 2. MINERS' CUSTOMS. The fact that this act provides for condemnation of a right of way through a mining claim for ditches, flumes, and tunnels for the convenient working of another claim does not deprive the owner of the mining claim of a right to construct a tunnel through an adjoining claim under the local customs of the miners in the particular mining district. Bliss v. Kingdom, 46 Cal. 651, p. 653 (1873). 3. APPROPRIATION OF LAND-DEPOSIT OF TAILINGS. When a place of deposit for tailings is necessary for the fair working of a mine the owner of a mine has a right to appropriate such ground as may be reasonably necessary for this purpose, providing he does not interfere with preexisting rights; but his intention in this respect should be clearly manifested by outward acts, and the mere posting of a notice is not a sufficient act of appropriation. Jones v. Jackson, 9 Cal. 237, p. 244 (1858). See Esmond v. Chew, 15 Cal. 137 (1860). AN ACT providing for the investigation by the State veterinarian, the secretary of the State board of health, and the State commissioner of horticulture of injury to animal life and vegetation in California, caused by smelter wastes, and making an appropriation therefor. The People, etc. SEC. 1. The State veterinarian, the secretary of the State board of health, and the State commissioner of horticulture, said officers now existing under the laws of this State, are hereby directed and empowered to cause to be prosecuted with all possible diligence an investigation of the injury, as well as the extent thereof, to animal life and vegetation in the State of California caused by smelter wastes that emanate from establishments or smelting plants where metal is extracted from ores. SEC. 2. The said State veterinarian, the secretary of the State board of health, and the State commissioner of horticulture shall, upon completion of such investigation, make a report in writing to the governor of the State of California giving in full all the facts and circumstances ascertained in such investigation, and if as a result of such investigation it shall be ascertained that the wastes from any such establishment or smelting plant are causing serious injury to animal life or vegetation, it shall be the duty of the governor to notify the attorney general of this State of the facts and circumstances therewith, and thereafter it shall be the duty of the said attorney general to bring an action in the name of the people of the State of California against the person or persons, company, or corporation owning or in control of such establishment or smelting plant to discontinue the discharge of wastes that are harmful to animal life or vegetation. SEC. 3. The sum of $5,000 is hereby appropriated out of any money in the State treasury not otherwise appropriated, to be expended by the said State veterinarian, the secretary of the State board of health, and State commissioner of horticulture in carrying out the purposes of this act, and the State comptroller is hereby authorized and directed to draw his warrants from time to time to the full amount of this appropriation, in favor of the person or persons authorized by law to receive the same, and the State treasurer is hereby directed to pay the same. REPEALING ACT. LAWS 1917, P. 280; MAY 5, 1917. AN ACT to repeal an act entitled "An act. etc." (same as in section 1). The People, etc. SEC. 1. An act entitled "An act providing for the investigation by the State veterinarian, the secretary of the State board of health, and the State commissioner of horticulture of injury to animal life and vegetation in California, caused by smelter wastes, and making an appropriation therefor," approved June 16, 1913, is hereby repealed. 220 TAXATION. MACHINERY AND STOCK. LAWS 1853; MAY 18, 1853. COMPILED LAWS 1850-1853, 669, P. 670, 689, 691. The People, etc. SEC. 1. * * * ARTICLE I. PROPERTY SUBJECT TO TAXATION. First. All lands and lots of ground lying within this State owned or claimed by any person or corporation, whether patented or not, including in the assessment thereof the value of all houses, fixtures, and improvements of every kind or value thereon, or affixed thereto, all machinery, machinery for mining purposes, canals, water races, * * * * SEC. 1. All monied or stock corporations, or private associations, and all companies and associations for mining purposes, whether the same be or be not incorporated, and whether the capital stock of such corporation, private association, or mining company, be located in or without the limits of this State, shall be liable to taxation in the manner hereinafter prescribed. SEC. 2. The president, cashier, secretary, treasurer, agent, or other proper officer, or manager of every incorporated company, and of each mining company or association that is now or shall hereafter be under and by virtue of any law of this State authorizing the same, or that may exist by virtue of the laws of any other State, or by virtue of any private or individual agreement, who derive any income or profit on their capital in this State, or who have capital invested in their machinery, dam or dams, canal or canals, or other works for mining purposes; and the principal persons having charge of the affairs of every private association engaged in selling foreign bills of exchange, drafts, or certificates of deposit on capital within this State, shall, on or before the second Monday of May, annually, make and deliver, on application of the assessor of the county in which the company or private association is liable to be taxed, and in the same manner as is required by this act, of all private citizens or inhabitants within this State, a written statement, specifying: First, the real estate, if any, owned by any such company or private association, the county or counties in which it is situated, and the sums of money actually paid therefor, or the actual value thereof. Second, the present value of all machinery and of all works and improvements. Third, the city, town, or place in which the depot of the property of such company or private association is situated; or, if there be no such office, the place where its operations are carried on; and such statements shall be certified, under the oath of such president or other officer or person, to be in all respects just and true. SEC. 1. The term real estate, as used in this act, shall be construed to include all lands within this State. SEC. 2. For the purpose of revenue, the term personal property, as used in this act, shall be construed to include * * * all stock and interest invested or owned in any company or association owning or having the management of any mines * * * |