except in those cases where the facts appearing of record show affirmatively that the case is one within the restrictions of the act of April, 1880. (Granite etc. Co. v. Maginness, 118 Cal. 131, 50 Pac. 269.)

The act of 1880 in relation to conveyance by mining corporations does not dispense with the resolution of the board of directors. It merely superadds a requirement of ratification by the holders of twothirds of the capital stock. (Alta Silver Mining Co. v. Alta Placer Mining Co., 78 Cal. 629, 21 Pac. 373.)

And stockholders of a mining corporation have no power under the act of April 23, 1880, to ratify an attempted mortgage of the mining property of the corporation, which is invalid by reason of not being authorized by the board of directors. (Curtin v. Salmron River etc. Co., 130 Cal. 345, 80 Am. St. Rep. 132, 62 Pac. 552.)

Adverse Holding.-The occupation of a lot by one of the promoters of a corporation under a deed from the corporation conveying him only the right to the surface, and reserving all rights for mining purposes, was under the title created by it, and could not be adverse, but was an acknowledgment of the ownership and right of the corporation. (Scadden Flat etc. Co. v. Scadden, 121 Cal. 33, 53 Pac. 440.)

Evidence of an occasional working of the mine by the promoters, after the mill was burned and the corporators had ceased to work the mine, which working was not brought to the knowledge of the corporation, actual or presumed, there being no proof of a repudiation of the rights of the corporation, by word or act, brought home to it, cannot establish an adverse claim in their favor. (Scadden Flat etc. Co. v. Scadden, 121 Cal. 33, 53 Pac. 440.)

Effect of Amendment of 1897.-The amendatory act of 1897, regardless of any question as to its constitutionality, is operative as to the independent provision limiting the liability of directors of mining corporation to the stockholders to the actual damage sustained by him from their neglect of imposed duty, and has so entirely changed the remedy of the stockholder as to preclude the enforcement of the penalty for a previous violation of the original act. (Anderson v. Byrnes, 122 Cal. 272, 54 Pac. 821.)

The change of penalty by the amendment of 1897 to the act of 1874, so as to limit the recovery for the failure of the directors to post monthly accounts and weekly statements of superintendents, to the actual damage alleged and proved, is a valid and independent provision, not affected by the question whether the amendment of 1897 is in part unconstitutional. (Johnson v. Tautphaus, 127 Cal.

605, 60 Pac. 172.)

An unenforced judgment in favor of a stockholder for the recov ery of the penalty of one thousand dollars from the directors of a mining corporation, under the act of 1880, from which an appeal was pending at the time of the passage of the amendatory act of 1897, must be reversed, by reason of the destruction of the right

to enforce the penalty. (Anderson v. Byrnes, 122 Cal. 272, 54 Pac. 821.)

Mechanic's Lien. -Mining claims severally located on the same ledge and consolidated in one mining company, and worked by it as one mine, may, for the purposes of the mechanic's lien law, be regarded and treated as a single claim, and declared on as such; and claims of lien may be filed upon the property as a whole. (Hamilton v. Delhi Min. Co., 118 Cal. 148, 50 Pac. 378.)

But no lien attaches for work done on the property of a mining corporation when ordered upon the individual credit of a director, and wholly apart from any official relation of such director to the corporation, and the doctrine of instructive and implied notice to the corporation of such work is inapplicable. (Ayers v. Gold Min. Co., 116 Cal. 333, 48 Pac. 221.)

Bankruptcy-National Law not Applicable.-The national bankruptcy act of 1898 does not apply to mining corporations organized under the laws of this state for the exclusive purpose of engaging in mining therein; and the provisions of the insolvency laws of this state, so far as applicable to such mining corporations, are not superseded or affected by the federal law. (Herron Co. v. Superior Court, 136 Cal. 279, 89 Am. St. Rep. 124, 68 Pac. 814.)

And a mere power of assessment for mining purposes is not assets. (Harmon v. Page, 62 Cal. 448.)

An act for the protection of miners.

[Approved March 16, 1872; Stats. 1871-72, p. 413.]

1. Protection of miners.

§ 2. Escape shaft.

§ 3. Liabilities-Damages.

Section 1. It shall not be lawful for any corporation, association, owner, or owners of any quartz-mining claims within the state of California, where such corporation, association, owner, or owners employ twelve men daily, to sink down into such mine or mines any perpendicular shaft or incline beyond a depth from the surface of three hundred feet without providing a second mode of egress from such mine, by shaft or tunnel, to connect with the main shaft at a depth of not less than one hundred feet from the surface.

Sec. 2. It shall be the duty of each corporation, association, owner, or owners of any quartz mine or mines in this state, where it becomes necessary to work such mines beyond the depth of three hundred feet, and where the number of men employed therein daily shall be twelve or more, to proceed to sink another Corporation Laws-49

shaft or construct a tunnel so as to connect with the main working shaft of such mine as a mode of escape from underground accident or otherwise. And all corporations, associations, owner, or owners of mines as aforesaid, working at a greater depth than three hundred feet, not having any other mode of egress than from the main shaft, shall proceed as herein provided.

Sec. 3. When any corporation, association, owner, or owners of any quartz mine in this state, shall fail to provide for the proper egress as herein contemplated, and where any accident shall occur, or any miner working therein shall be hurt or injured and from such injury might have escaped if the second mode of egress had existed, such corporation, association, owner, or owners of the mine where the injuries shall have occurred shall be liable to the person injured in all damages that may accrue by reason thereof; and an action at law in a court of competent jurisdiction may be maintained against the owner or owners of such mine, which owners shall be jointly or severally liable for such damages. And where death shall ensue from injuries received from any negligence on the part of the owners thereof by reason of their failure to comply with any of the provisions of this act, the heirs or relatives surviving the deceased may commence an action for the recovery of such damages as provided by an act entitled an act requiring compensation for causing death by wrongful act, neglect, or default, approved April twenty-sixth, eighteen hundred and sixty-two.

Sec. 4. This act shall take effect and be in force six months from and after its passage.

An act for the protection of coal mines and coal miners.

[Approved March 27, 1874; Stats. 1873-74, p. 726.]

Section 1. The owner or agent of every coal mine shall make or cause to be made an accurate map or plan of the workings of such coal mine, on a scale of one hundred feet to the inch.

Sec. 2. A true copy of which map or plan shall be kept at the office of the owner or owners of the mine, open to the inspection of all persons, and one copy of such map or plan shall be kept at the mines by the agent or other person having charge of the mines, open to the inspection of the workmen.

Sec. 3. The owner or agent of every coal mine shall provide at least two shafts, or slopes, or outlets, separated by natural strata of not less than one hundred and fifty feet in breadth, by which shafts, slopes, or outlets distinct means of ingress and egress are always available to the persons employed in the coal mine; provided, that if a new tunnel, slope or shaft will be required for the additional opening, work upon the same shall commence immediately after the passage of this act, and continue until its final completion, with reasonable dispatch.

Sec. 4. The owner or agent of every coal mine shall provide and establish for every such mine an adequate amount of ventilation, of not less than fifty-five cubic feet per second of pure air, or thirty-three hundred feet per minute, for every fifty men at work in such mine, and as much more as circumstances may require, which shall be circulated through to the face of each and every working place throughout the entire mine, to dilute and render harmless and expel therefrom the noxious, poisonous gases, to such an extent that the entire mine shall be in a fit state for men to work therein, and be free from danger to the health and lives of the men by reason of said noxious and poisonous gases, and all workings shall be kept clear of standing gas.

Sec. 5. To secure the ventilation of every coal mine, and provide for the health and safety of the men employed therein, otherwise and in every respect, the owner, or agent, as the case may be, in charge of every coal mine, shall employ a competent and practical inside overseer, who shall keep a careful watch over the ventilating apparatus, over the air ways, the traveling ways, the pumps and sumps, the timbering, to see as the miners advance in their excavations that all loose coal, slate, or rock overhead is carefully secured against falling; over the arrangements for signaling from the bottom to the top, and from the top to the bottom of the shaft or slope, and all things connected with and appertaining to the safety of the men at work in the

mine. He, or his assistants, shall examine carefully the workings of all mines generating explosive gases, every morning before the miners enter, and shall ascertain that the mine is free from danger, and the workmen shall not enter the mine until such examination has been made and reported, and the cause of danger, if any, removed.

Sec. 6. The overseer shall see that the hoisting machinery is kept constantly in repair and ready for use, to hoist the workmen in or out of the mine.

Sec. 7. The word "owner" in this act shall apply to lessee as well.'

Sec. 8. For any injury to person or property occasioned by any violation of this act, or any willful failure to comply with its provisions, a right of action shall accrue to the party injured for any direct damages he or she may have sustained thereby, before any court of competent jurisdiction.

Sec. 9. For any willful failure or negligence on the part of the overseer of any coal mine, he shall be liable to conviction of misdemeanor, and punished according to law; provided, that if such willful failure or negligence is the cause of the death of any person, the overseer, upon conviction, shall be deemed guilty of mansiaughter.

Sec. 10. All boilers used for generating steam in and about coal mines shall be kept in good order, and the owner or agent thereof shall have them examined and inspected by a competent boiler-maker, as often as once in three months.

Sec. 11. This act shall not apply to opening a new coal mine. Sec. 12. This act shall take effect immediately.

ARTICLE XXIV.

MUTUAL BENEFIT SOCIETIES.

An act relating to mutual beneficial and relief associations. [Approved March 28, 1874; Stats. 1873-74, 745. Amended 1880; Stats. 1880, 25; Stats. 1901, 6.]

§ 1. Mutual beneficial and relief associations.

§ 2. How formed.

$ 3. Powers.

§ 4. Idem.

§ 5. By-laws.

§ 6. Old associations.