act supplemental to and amendatory of the act entitled "An act to promote the development of the mining resources of the United States," approved May 10, 1872.

MINERAL EXHIBIT.

LAWS 1885, P. 227; FEB. 11, 1885.

ASSEMBLY CONCURRENT RESOLUTION No. 11, relative to sending the mineral collection of the State mining bureau to the World's Fair and Cotton Centennial Exposition at New Orleans. Resolved by the Assembly, the Senate concurring, That the State mineralogist be, and he is hereby, authorized and directed to carefully pack and ship to New Orleans so much of the cabinet of minerals now in the State Mining Bureau at San Francisco as will secure a proper representation of the mineral wealth and resources of California in the World's Industrial and Cotton Centennial Exposition, now open in New Orleans, said exhibit to be under the charge and control of the State mineralogist, and at the close of said exposition, or sooner if by him deemed expedient or proper, to be returned to its present quarters in the State mining bureau. * * *

CONSIDERATION MINERAL-LAND BILL.

LAWS 1899, P. 496; MAR. 6, 1899.

SENATE JOINT RESOLUTION No. 21 relative to the mineral-land bill.

Resolved by the Senate and Assembly of the State of California, jointly, That we earnestly urge immediate consideration of the mineral land bill now pending in Congress, and respectfully request Hon. T. B. Reed, speaker of the House of Representatives, to recognize some member of the California delegation to call the same up for consideration before the close of the present session.

Resolved, That the secretary of the senate be instructed to transmit by telegraph a copy of the foregoing resolution to the Speaker of the House of Representatives at Washington, D. C.

MINERAL LANDS AND MINES-SALE AND CONVEYANCE.

SHERIFF'S SALES OF MINERAL LANDS.

LAWS 1853, P. 19; JAN. 22, 1853.

AN ACT explanatory of the duties of sheriffs and rights of redemptioners under the thirty-seventh section of the "Act to provide for the levying, assessing, and collecting public revenue," passed April 23, 1852.

The People, etc.

SEC. 1. In exposing real or personal property as described in this act, it shall be the duty of the sheriff, or other officer, to sell only so much thereof, or interest thereins as will be sufficient to pay the amount of the tax levied thereon, or for which the same shall be liable, together with such costs and charges as are or may be allowed by law. SEC. 2. The real or personal property embraced in the provisions of this act shall be the following: *

* *

Fourth. Mining interests or claims.

SEC. 3. The sheriff or other officer selling any of the before-described real or personal property or estate for taxes, shall immediately thereafter execute to the purchaser a certificate and deed thereof in the manner provided by law, on the sale of real estate under execution, and the purchaser thereof shall be vested with the same rights in reference thereto as appertain to purchasers from sales of real estate under execution. SEC. 4. Any real estate so sold for taxes, which is at the time of such sale the property of, or in which minor heirs may be interested, shall be subject to redemption any time within one year after such minor heirs shall have attained the age of majority, by such minor heirs or their legal representatives, on the payment as herein provided of the amount of the taxes, costs, and charges thereon.

SCHOOL LAND WARRANTS.

LAWS 1859, P. 338; APR. 16, 1859.

AN ACT to provide for the issuance of patents to lands located with State school-land warrants, and for land purchased under the act of April 23, 1858.

The People, etc.

SEC. 1. In all cases where school-land warrants have been issued, in pursuance of the act approved May 3, 1852, entitled "An act to provide for the disposal of the 500,000 acres of land donated to this State for school purposes, by act of Congress, approved April 4, 1841," and the same shall have been, or may be, hereafter located upon any of the public lands within this State, subject to such location, and in conformity with the provisions of said act, or of an act approved April 30, 1857, providing for the location and patenting of school lands, or where parties have purchased lands under the act of April 23, 1858, and obtained the certificate of purchase of the register of the State land office, the holder of such warrant, or certificate of purchase, his, her, or their heirs or assigns, upon complying with the provisions of this act, shall be entitled to receive a patent from the State for the lands thus located or purchased.

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SEC. 8. Nothing in this act shall be construed so as to authorize or confirm the location or purchase of any of the mineral, swamp, or overflowed lands in this State, as school lands.

NOTE.-The act of April 30, 1857, made no exceptions as to mineral lands.

ANNOTATIONS.

SCHOOL LANDS.

SUBSEQUENT DISCOVERY OF MINERALS-EFFECT ON TITLE.

Where school lands are properly located and the purchase money paid and a patent issued after investigation and determination by the proper State officers, and the conditions and characteristics of the land are not such as to constitute it mineral lands within the meaning of this statute, the verity of this record can not be overthrown on proof of the fact that the patentee has subsequently discovered gold in the land in some considerable and paying quantities.

Ah Yew v. Choate, 24 Cal. 562, p. 566 (1864).

SALE OF STATE LANDS.

LAWS 1863, P. 591; APR. 27, 1863.

AN ACT to provide for the sale of certain lands belonging to the State.

SEC. 17. When a certificate of purchase has been issued by the register, the same shall be deemed prima facia evidence of legal title to the land for which the certificate of purchase is issued: Provided, Such certificates of purchase shall not be so construed as to affect the working of mineral lands for mining purposes. * *

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ANNOTATIONS.

STATE LANDS.

AGRICULTURAL LANDS SUBJECT TO MINING.

While according to the strict terms of this act a purchaser of mineral lands in sections 16 and 36 holds them under his certificate of purchase, subject to be entered and worked for mining purposes, yet it seems that the legislature intended that such purchaser under his patent, though absolute in form, should still hold such lands • subject to be entered upon and worked for mining purposes, as it was the evident intention of the legislature to conserve the policy of the State in the matter of mines and mining as settled at the beginning of its political history.

Higgins v. Houghton, 25 Cal. 252, p. 261 (1864).

By this act the State assumed that it was the owner of mineral lands in sections 16 and 36 in each township, and that as such owner it had the right to sell and convey them; but it was the intention of the act that the parties by whom such mineral lands should be purchased, or to whom they should be certified, should hold them subject to be entered upon and worked for mining purposes.

Higgins v. Houghton, 25 Cal. 252, p. 261 (1864).

The rights of agriculturists are made to yield to those of the miner, where gold is discovered in lands settled by him and that are still a part of the public domain. Tartar v. Spring Creek Water & Min. Co., 5 Cal. 396, p. 398 (1855).

The act of May 3, 1852, makes no reservation of mineral lands, and a party is not prohibited either by that law or any other from locating school-land warrants on any mineral lands of the State.

Nims v. Johnson, 7 Cal. 110, p. 113 (1857).

SUMMARY SALES-LANDS OF ESTATES.

LAWS 1865-66, P. 359; MAR. 22, 1866. (GENERAL LAWS 1864-1871, SEC. 9215-9219.) AN ACT to provide for the summary sale of mines or mining interests belonging to the estates of deceased persons.

The People, etc.

SEC. 1. Whenever it shall appear from the inventory of the estate of any deceased person that said estate consists in whole or in part of any mines or interests in mines, or of shares, interests, or stocks in any mining corporation, such mines, interests, stocks, or shares may be sold under the order of the probate court having jurisdiction of said estate, and as hereinafter provided.

SEC. 2. The executor, administrator, or any heir at law of such estate, any creditor having a claim against the estate, any partner or member of any mining company in which such interests or shares are held, the president of any mining corporation in which stocks or shares are held or owned by such estate, may file in the probate court a petition in writing, setting forth therein the general facts of such estate being then in due course of administration, and particularly describing the mine, interest, stock, or shares owned by such estate, and which it is desired to sell. Such petition shall further set forth particularly the condition and situation of the mines, mining interests, or of the mining company or corporation in which such interests or shares are held, and especially the reasons for such sale.

SEC. 3. Upon the presentation of such petition, the probate judge shall make an order directing all persons interested to appear before him at a time and place specified, not less than 4 nor more than 10 weeks from the time of making such order, to show cause why an order should not be granted to the executor or administrator to sell such mines, mining interests, shares, or stocks, as are set forth in such petition, and as belong to such estate. A copy of such order to show cause shall be personally served on all persons interested in the estate at least 10 days before the time appointed for hearing the petition, or shall be published at least four successive weeks in such newspaper as the court shall order: Provided, however, If all persons interested in the estate shall signify in writing their assent to such sale, the notice may be dispensed with. SEC. 4. If, upon the hearing of such petition, it shall appear to the satisfaction of the probate judge that it is to the interest of the estate that such mining property or interests of the estate should be sold, or if it be made to appear to his satisfaction that an immediate sale is necessary in order to secure the just rights or interests of the mining partners, tenants in common, or mining corporations in which such mining shares, stocks, or property are held, such probate judge shall thereupon make an order of sale authorizing the executor or administrator to sell such mining interests, mines, stocks, or shares, as hereinafter provided.

SEC. 5. After such order of sale shall be made by the probate judge, all further proceedings for the sale of such mining property shall be in conformity with the laws providing for the sale of other real property under the orders of the probate court. And whenever such mining interest shall consist of stocks or shares held and owned as personalty, such further proceedings for the sale thereof, after the order of the sale, shall be in conformity with the law providing for the sale of the other personal property of an estate.

AMENDATORY ACT.

CODE SECTIONS SHOWN.

LAWS 1880, P. 93; APR. 16, 1880; SEC. 1529–1533, CODE CIVIL PROCEDURE.

SEC. 1529. When it appears from the inventory of the estate of any decedent that his estate consists in whole or in part of mines, or interests in mines, such mines or interests may be sold under the order of the court having jurisdiction of the estate, as hereinafter provided.

SEC. 1530. The executor or administrator, or any heir at law, or creditor of the estate, or any partner or member of any mining company, in which interests or shares are held or owned by the estate, may file in the court a petition, in writing, setting forth the general facts of the estate being then in due course of administration, and particularly describing the mine, interest, or shares which it is desired to sell, and particularly the condition and situation of the mines or mining interests, or of the mining company in which such interests or shares are held, and the grounds upon which the sale is asked to be made.

SEC. 1531. Upon the presentation of such petition, the court, or a judge thereof, must make an order directing all persons interested to appear before such court, at a time and place specified, not less than 4 or more than 10 weeks from the time of making such order, to show cause why an order should not be granted to the executor or administrator to sell such mine, mining interests, shares, or stocks, as are set forth in the petition and belonging to the estate. A copy of the order to show cause must be personally served on all persons interested in the estate, at least 10 days before the time appointed for hearing the petition, or published at least four successive weeks in such newspaper as such court or judge shall specify. If all persons interested in the estate signify in writing their assent to such sale, the notice may be dispensed with.

SEC. 1532. If, upon hearing the petition, it appears to the satisfaction of the court that it is to the interest of the estate that such mining property or interests of the estate should be sold, or that an immediate sale is necessary in order to secure the just rights or interests of the mining partners, or tenants in common, such court must make an order authorizing the executor or administrator to sell such mining interests, mines, or shares, as hereinafter provided.

SEC. 1533. After the order of sale is made, all further proceedings for the sale of such mining property, and for the notice, report, and confirmation thereof, must be in conformity with the provisions of article 4 of this chapter.

ANNOTATIONS.

SALE OF MINERAL LANDS.

SUMMARY SALE BY ADMINISTRATOR.

These sections are headed "Summary sales of mines and mining interests," and relate to summary sales of mines or mining interests by administrators.

Byrne, In re, 112 Cal. 176, p. 178, 44 Pac. 467 (1896).

A mine or an interest in a mine, belonging to the estate of the decedent, where the only title is that of possession, which may be lost by abandonment or by a failure to comply with local regulations, is subject to sale under the provisions of these sections, but it does not follow that the piece of real estate may be sold under the provisions of these sections merely because there is thought to be mining ground within its boundaries.

Byrne, In re, 112 Cal. 176, p. 178, 44 Pac. 467 (1896).

A petition by an administrator, or by an interested person, to require an administrator to sell lands under the provisions of these sections, is insufficient to authorize a sale under these sections where there is no direct statement in the petition that the property is either a mine or an interest in a mine, and where it is not even stated that there is any mining ground upon the tract of land described; and a reference to the land in the petition by a name indicating a mining claim or by the name of a mining claim, is not evidence that the property is a mine.

Byrne, In re, 112 Cal. 176, p. 179, 44 Pac. 467 (1896).

A petition asking for a summary sale of a mine or mining claim by an administrator must show that the property is either a mine or a mining interest within the meaning of these sections.

Byrne, In re, 112 Cal. 176, p. 179, 44 Pac. 467 (1896).