Sluice boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or developing a mine, are deemed affixed to the mine.
Chapter 4Miscellaneous Provisions
Section § 3980
This law states that various tools and equipment such as sluice boxes, flumes, hoses, pipes, railway tracks, cars, blacksmith shops, and mills are considered to be permanently attached to a mine if they are used for working or developing it.
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Section § 3981
This law allows hydraulic mining in California as long as it doesn't significantly harm nearby navigable streams or surrounding land.
The business of hydraulic mining may be carried on within the state wherever and whenever it can be carried on without material injury to navigable streams or the lands adjacent thereto.
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Section § 3982
This law defines 'hydraulic mining' as a way of mining where water, under pressure, is sprayed through a nozzle to break down natural earth formations.
“Hydraulic mining,” as used in Section 3981, is mining by means of the application of water, under pressure, through a nozzle, against a natural bank.
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Section § 3983
This law allows mining corporations based in California to set up offices in other states to manage and distribute their company shares. It states that any action taken by these offices to transfer or issue shares is legally as valid as if it were done at the company's main office in California. These offices must follow the corporation's bylaws and be overseen by the corporation's directors.
Any corporation organized in this state for the purpose of mining or carrying on mining operations in or outside this state, may establish and maintain agencies in other states, for the transfer and issuing of its shares. A transfer or issue of the shares of the corporation at any of its transfer agencies, in accordance with its bylaws, is valid and binding as fully and effectually for all purposes as if made upon the books of the corporation at its principal office within this state. The transfer agencies shall be governed by the bylaws and the directors of the corporation.
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Section § 3984
If you're a shareholder in a mining corporation formed in California, you're entitled to visit and examine the company's mines whenever you want, with an expert if necessary.
To do this, you need to apply to the company's president, who will instruct the secretary to give you an official order for the mine's superintendent. This order will require the superintendent to show you the parts of the mine you want to see. The superintendent must provide you with all the facilities needed to inspect the mine fully and personally accompany you or ensure someone familiar with the mine does.
If the superintendent doesn't comply, you can sue the corporation for $1,000 plus travel expenses. In such cases, the corporation's directors must immediately fire the uncooperative officer, who cannot be rehired later by the company.
Any shareholder of a corporation formed under the laws of this state for the purpose of mining, may visit, accompanied by his or her expert, and examine the mines owned by the corporation, and every part thereof, at any time he or she may see fit.
When the shareholder applies to the president of the corporation, the president shall immediately cause the secretary thereof to issue and deliver to the shareholder an order, under the seal of the corporation, directed to the superintendent, commanding him or her to show and exhibit parts of the mines that the shareholder named in the order may desire to visit and examine. The superintendent, on receiving the order, shall furnish the shareholder every facility for making a full and complete inspection of the mines, and of the workings therein, and shall either accompany the shareholder in person or furnish some person familiar with the mines to accompany the shareholder in the visit to and through the mines and every part thereof.
If the superintendent fails to obey the order, the shareholder may recover, in any court of competent jurisdiction, against the corporation, the sum of one thousand dollars ($1,000) and traveling expenses to and from the mine, as liquidated damages, together with costs of suit. In case of a refusal, the directors of the corporation shall immediately remove the officer so refusing, and thereafter he or she shall not be employed directly or indirectly by the corporation and shall not be paid any salary.
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Section § 3985
If you enter into any grubstake contracts or prospecting agreements that affect mining location titles in California, they must be recorded at the county recorder's office where the contract is made to be valid. These contracts also need to be officially acknowledged by a notary or someone else authorized to do so. Once recorded and acknowledged, the contracts serve as strong preliminary evidence in court if there's a dispute over mining titles.
All grubstake contracts and prospecting agreements entered into after September 19, 1939, and which may in any way affect the title of mining locations, or other locations under the mining laws of this state, shall be void and of no effect unless the instrument has first been recorded in the office of the county recorder of the county in which the instrument is made. The instrument shall be duly acknowledged before a notary public or other person competent to take acknowledgments. Grubstake contracts and prospecting agreements, duly acknowledged and recorded as provided for in this section, shall be prima facie evidence in all courts in this state in all cases where the title to mining locations and other locations under the mining laws of this state are in dispute.
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