ACT 4927.

An act to provide for the appointment, duties, and compensation of a debris commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner. [Approved March 24, 1893. Stats. 1893, p. 339.]

Amended 1897, p. 169; 1901, pp. 284, 564; 1905, p. 142. Section 6 repealed 1901, p. 564.

Repealed 1907, p. 224.
See ante, Act 4925.

ACT 4928.

An act to establish a uniform system of mine bell signals, to be used in all mines operated in the state of California, and for the protection of miners. [Approved March 8, 1893. Stats. 1893, p. 82.] Repealed 1917; Stats. 1917, p. 434.

ACT 4929.

An act regulating the sale of mineral lands belonging to the state. [Stats. 1873-74, p. 766.]

Amended 1875-76, p. 20; 1880, p. 26. Repealed 1897, p. 438.

The repealing act contained the following sections:

§ 2. When it shall be shown by affidavits or otherwise, to the satisfaction of the surveyor-general, that any portion of a sixteenth or thirtysixth section belonging to the statė is valuable for its mineral deposits, the surveyor general shall not approve any application to purchase the same, nor shall the register of the state land office issue a certificate of purchase therefor, until the question of the character of the land has been referred for determination to a court of competent jurisdiction, in the manner provided by section 3414 of the Political Code, and adjudged not to be valuable as mining land.

§ 3. The sixteenth and thirty-sixth sections belonging to the state, in which there may be found valuable mineral deposits are hereby declared to be free and open to exploration, occupation, and purchase of the United States, under the laws, rules, and regulations passed and prescribed by the United States for the sale of mineral lands.

§ 4. This act shall take effect from and after its passage.

The repealing act of 1897 was in turn repealed in 1921 (Stats. 1921, p. 1305). The repealing act of 1921 contained the following provision:

Such repeal shall be without prejudice to any rights or remedies of any person acquired under said act prior to the fifteenth day of Feb. ruary A. D. one thousand nine hundred twenty-one, or to any defenses then existing in behalf of the state or any officer thereof for any act performed in his official capacity, but all such rights, remedies and defenses are hereby expressly reserved to all such persons and to the state and its officers, respectively.

АСТ 4930.

To regulate the rights of owners of mines. [Stats. 1869-70, p. 569.] This act gave rights of way to miners and provided a means by which rights of way and places of deposit could be obtained. It has not been

in terms repealed, but as county courts have been abolished, it is probably not in force.

This act is also probably superseded by § 14 of article I of the constitution, requiring compensation in condemnation proceedings to be fixed by a jury. See, also, in this connection subdivision 5 of § 1238 of the Code of Civil Procedure relating to condemnation of property for roads, flumes, dumping places, etc., for mines.

ACT 4931.

An act entitled an act relating to the working, rights of way, easement, and drainage of mines in the state of California.

[Approved March 31, 1891. Stats. 1891, p. 219.]

§ 1. Affidavit to be filed with county recorder. Effect of failure. Coowners may perform work. Tunnels and cuts.

Rights of way reserved. Damages.

§ 2.

§ 1. Affidavit to be filed with county recorder. Effect of failure. Co-owners may perform work. Tunnels and cuts. Whenever any mine owner, company, or corporation shall have performed the labor and made the improvements required by law for the location and ownership of mining claims or lodes, such owner, company, or corporation shall file or cause to be filed, within thirty days after the time limited for performing such labor or making such improvements, with the county recorder of deeds of the county in which the mine or claim is situated, [an affidavit] particularly describing the labor performed and improvements made, and the value thereof, which affidavit shall be prima facie evidence of the facts therein stated. Upon the failure of any claimant or mine owner to comply with the conditions of this act in the performance of labor, or making of improvements upon any claim, mine, or mining ground, the claim or mine upon which such failure occurred shall be opened to relocation in the same manner as if no location of the same had ever been made. But if, previous to relocation, the original locators, their heirs, assigns, or legal representatives, resume work upon such claim, and continue the same with reasonable diligence until the required amount of labor has been performed or improvements made, and the required statement of accounts and affidavits filed with the county recorder, then the claim shall not be subject to relocation because of previous failure to file accounts. Upon the failure of any one of the several co-owners to contribute his portion of the expenditures, required hereby, the co-owners who have performed the labor or made the improvement may, at the expiration of the year, give such delinquent co-owner personal notice, in writing, or by publication in the newspaper published nearest the claim for at least once a week for ninety days; and if, at the expiration of ninety days after such notice in writing or publication, such delinquent shall fail or refuse to contribute his portion of the expenditures required by this section, his interest in the claim shall become the property of his co-owners who made the required expenditures. A copy of such notice, together with an affidavit showing personal service or publication, as the case may be, of such notice, when filed or recorded with the recorder of deeds of the county in which such mining claim is situated, shall be evidence of the acquisition of title of such co-owners. Where a person or company has or may run a tunnel or cuts for the purpose and in good faith

for the purpose of developing a lode, lodes, or claims owned by said person or company or corporation, the money so expended in running said tunnel shall be taken and considered as expended on said lodes or claims; provided, further, that said lode, claim, or claims shall be distinctly marked on the surface as provided by law.

§ 2. Rights of way reserved. Damages. All mining locations and mining claims shall be subject to a reservation of the right of way through or over any mining claims, ditches, roads, canals, cuts, tunnels, and other easements for the purpose of working other mines; provided, that any danger occasioned thereby shall be assessed and paid for in the manner provided by law for land taken for public use under the right of eminent domain.

§ 3. Act takes effect when. This act shall take effect immediately.

ACT 4932.

An act regulating the hours of employment in underground mines and in smelting and reduction works. [Approved March 10, 1909. Stats. 1909, p. 279.]

Probably superseded by Act 4933, post, which is word for word the same.

This act is constitutional: Martin, In re, 157 Cal. 51, 26 L. R. A. (N. S.) 242, 106 Pac. 235. See Holden v. Hardy, 169 U. S. 366.

АСТ 4933.

An act regulating the hours of employment in underground mines, underground workings, whether for the purpose of tunneling, making excavations or to accomplish any other purpose or design or in smelting and reduction works.

[Approved May 30, 1913. Stats. 1913, p. 331.]

See ante, Act 4932.

This act provided that the hours of labor should not exceed eight within twenty-four hours.

1. Eight-hour day for underground workers.

§ 2.

Penalty.

§ 3. Inconsistent acts repealed.

§ 1. Eight-hour day for underground workers. That the period of employment for all persons who are employed or engaged in work in underground mines in search of minerals, whether base or precious, or who are engaged in such underground mines for other purposes, or who are employed or engaged in any other underground workings whether for the purpose of tunneling, making excavations or to accomplish any other purpose or design, or who are employed in smelters and other institutions for the reduction or refining of ores or metals shall not exceed eight hours within any twenty-four hours, and the hours of employment in such employment or workday shall be consecutive, excluding, however, any intermission of time for lunch or meals; provided, that, in case of emergency where life or property is in imminent danger, the period may be a longer time during the continuance of the exigency or emergency.

§ 2. Penalty. Any person who shall violate any provision of this act, and any person who as foreman, manager, director or officer of

§1. Waters containing minerals withdrawn from sale. There is hereby withdrawn from selection and sale all of the lands embraced within the original meander lines of streams and lakes belonging to the state, the waters of which contain minerals in commercial quantities, and all such lands which may hereafter inure to the state by virtue of its sovereignty, excepting such lands now contracted to be sold under sections 3493m to 3493t, both inclusive, of the Political Code.

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§ 2. Water may be taken only under this act. No person, firm or corporation shall take water from such streams or lakes taining minerals and extract from such waters such minerals, except under the terms and conditions of this act; and no person, firm or corporation may lease any land herein referred to and extract therefrom minerals deposited therein or thereon, except under the terms and conditions of this act.

§ 3. Statement to be filed with county assessor and state controller. Every person, firm or corporation taking from the waters of such stream, lakes or lands any minerals, shall file, on or before the last Monday in January of each year, with the county assessor of the county in which any such stream or lake is situated, and also with the state controller, a written statement, duly verified, showing in tons of two thousand pounds, the amount of mineral taken by such person, firm or corporation from such water or land during the year ending December 31st last preceding and sold by said person, firm or corporation during the said year preceding. Any such person, firm or corporation neglecting or refusing to furnish such statement shall be subject to a fine of one hundred dollars for each day after the said last Monday in January such person, firm or corporation shall fail to furnish such statement, and, in addition to said fine, shall forfeit all leases granting the right to extract such minerals from said. water and said land. Any person who shall, either on behalf of himself or any firm or corporation, verify any such statement which shall be untrue in any material part, shall be deemed guilty of a misdemeanor.

§ 4. Examination of statement. In case either the assessor or the state controller shall not be satisfied with the statement as returned, he may make an examination of the matters necessary to verify or correct said statement, and, for that purpose, may subpoena witnesses and call for and compel the production of necessary books and papers belonging to the person, firm or corporation making the returns.