resume 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, particularly describing the labor performed and improvements made, and the value thereof, which affidavit shall be prima facie evidence of the facts therein stated. failure of any claimant or mine owner to comply with the conditions of this act in the performance Upon the 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, work upon such claim, and continue the same with reasonable diligence until the required amount of labor has been made, and the required statement of performed or improvements and affidavits filed with the county recorder, then accounts 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 coowner personal notice, in writing, or by publication in the newspaper published claim for at least once a week for ninety days; the 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 coowners who made the required expenditures. A copy of such notice, together with an showing personal service or publication, as the affidavit 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 nearest 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. Sec. 2. 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 damage 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. Sec. 3. Ths act shall take effect immediately. TITLE 184. MISSING PERSONS. An act authorizing the appointment of trustees for the estates of missing persons, and defining the duties of such trustees. [Approved March 23, 1893; Stats. 1893, p. 218.] Section 1. That whenever any resident of this state has been or may hereafter be missing, or his whereabouts unknown, for the period of ninety days, and any such person owns, is seised, or entitled to the seisin or the possession of any real or personal property in this state, and it is represented to the superior court, or a judge thereof, of any county in which such person owns any property, upon verified petition of the wife or of any relative or friend of such person, that his whereabouts has been unknown for such period of time and is still unknown, and that his estate requires the attention, supervision, and care of ownership, it shall be the duty of such court to appoint some suitable person or persons to take charge and possession of such estate as trustee. and to manage and control the same under the direction of said court. Sec. 2. That in appointing such trustee the court shall preferably appoint the wife of such missing person (if any such there be), or her nominee, and in the absence of a wife, some person who would be entitled to participate in the dis tribution of such missing person's estate were he dead; and the court shall have power to direct such trustee to pay to the person or persons constituting the family of such missing person such sum or sums of money, for family expenses and support, from the income of such estate, as it may from time to time determine. Sec. 3. That the bond of the trustee so appointed shall be in double the amount of the estimated annual income of such estate; provided, that where such missing person has a wife living and no children, and the estate of such missing person is shown to be solvent, and the wife applies to be appointed trustee, the court shall require no bond of her. Sec. 4. It shall be the duty of such trustee or trustees to take possession of all the real and personal estate in this state of such missing person, and to collect and receive the rents, income and profits thereof; to collect all indebtedness owing to such missing person, and pay the costs and expenses thereof out of the trust fund, and to pay such indebtedness of such missing person as he may be authorized to do by the court making the appointment of the trustee; and he shall from time to time, as he may be directed, account to and with said court for all of his or their acts and doings as trustee, and the court making such appointment may at any time, upon the application of any party interested, and upon good cause shown therefor, remove any trustee which it may so appoint, and appoint some other person or persons trustee or trustees in his or their place or stead. Sec. 5. Upon presentation of the verified petition mentioned in section one, the court or judge shall order the same to be filed with the clerk of the court, and shall appoint a time for the hearing of said petition, not less than ten days from the date of said order; and the clerk shall publish no tice in some newspaper published in said county. stating that such petition will be heard at the time so appointed. In the court room of said court. Said notice shall be published for five days, and such other notice of said application shall be given in such manner and to such persons as the court or indge may direct. All orders, judgments, and decrees made in proceedings under this statute may be entered and recorded as and with the like effect as other orders, judgments, and decrees in superior courts. From and after the presentation of said petition, and until decision rendered thereon, the wife of such missing person shall have all the powers of a trustee duly appointed and qualified under this act, and shall act as such trustee, subject to the direction of the court. Sec. 6. This act shall be in force from and after its passage. TITLE 185. MODOC COUNTY. Consult the following acts: An act to create the county of Modoc, to establish the boundaries thereof, and to provide for its organization, [Approved February 17, 1874; 1873-4, 124.] An act supplemental to the foregoing act of February seventeenth, eighteen hundred and seventy-four. [Approved March 23, 1874; 1873-4, 517.] This act made provision for the hospital fund of Modoc county; also defined the powers of the commissioners as to the registry of voters; also provided for the levy of a tax for a building fund; and extended the act of March 26, 1857, in relation to hogs found running at large in Colusa and other counties, over Modoc county. A reference to special acts relating to Modoc county may be found in Deering's Annotated Penal Code, p. 639. TITLE 186. MONO COUNTY. A reference to local acts relating to Mono county is contained in Deering's Annotated Pe nal Code, pp. 639, 640. TITLE 187. MONTEREY. An act to repeal an act entitled "An act to incorporate the city of Monterey," approved May 11, 1853, and acts amendatory thereof, approved March 4, 1857, April 18, 1862, and April 2, 1866. [Approved March 16, 1889; 1889. 227.] See also an act to amend the act to reincorporate Salinas city, approved March 27, 1895, Stats. 1895, p. 206. TITLE 188. MONTEREY COUNTY. A reference to special acts relating to Monterey county is contained in Deering's Annotated Penal Code, pp. 640, 641. TITLE 189. MORGUE. An act to provide for the construction and maintenance of a public morgue in the city and county of San Francisco. This act was approved March 5, 1885; Stats. 1885, p. 25. TITLE 190. MORTGAGES. Acts relating to attorney's fee on foreclosure: See Code of Civil Procedure, Appendix, title, Mortgages, p. 863 et seq. |