AN ACT FOR THE BETTER REGULATION OF THE MINES AND GOVERNMENT OF FOREIGN MINERS.

New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 541, 9 October 1850, Page 3

AN ACT FOR THE BETTER REGULATION OF THE MINES AND GOVERNMENT OF FOREIGN MINERS.

The People of the State of California, represented in Senate and Assembly, do enact as follows : — Sec. 1, No person who is not a native or naturalized citizen of the United States, or who may not have become a citizen under the treaty of Guadaloupe Hidalgo, (all the native Californian Indians excepted,) shall be per-

mitted to mine in any part of this State, without having first obtained a license so to do according to the provisions of this Act. Sec. 2. The governor shall appoint a Collector of licenses to foreign miners for each of the mining counties, and for the county of San Francisco, who, before entering upon the duties of bis office, shall take the oath required by the Constitution, and shall give his bond to the State with at least two good and sufficient sureties, conditioned for the faithful performance of his official duties, which bond shall be appfoved by the Governor and filed in the office of the Secretary of State. Sec. 3. Each Collector of licenses to foreign miners shall be commissioned by the Governor. Sec. 4. It shall be the duty of the Comptroller to cause to be printed or engraved a sufficient number of licenses, which shall be numbered consecutively, and shall be in the form following, to wit. " Number , (Date.) A. 8., a citizen of , age years, complexion is hereby licensed to work in the mines of California for the period of thirty days." The Comptroller shall countersign each of such licenses, and shall transfer them to the Treasurer, keeping an account of the number so transferred. Sec. 5 The Treasurer shall sign and deliver to the Collectors of licenses to foreign miners so many of the licenses mentioned in the preceding section as he shall deem proper, and shall take his receipt for the same and chafge him therewith. Such collector and his sureties shall be liable upon his bond for the number so furnished him, either for their return or the amount for which they may be sold ; and the moneys collected, as herein provided shall be paid into the treasury as prescribed in this Act. Sec. 6. Every person required by the first section of this Act to obtain a license to mine, shall apply to the Collector of licenses to foreign miners and take license to mine, fot which he shall pay the sum of twenty dollars per month ; and such foreigners may from time to time take out a new license, at the same rate per month, until the Governor shall issue his proclamation announcing the passage of a law by Congress, regulating the mines of precious metals in this State. Sec. 7. If any such foreigner or foreign* ers shall refuse or neglect to take out such license by the second Monday of May next, it shall be the duty of the Collector of licenses to foreign miners of the county in which such foreigner or foreigners shall be, to furnish his or their names to the Sheriff of the county, ot to any Deputy Sheriff, whose duty it shall be to summon a posse of American citizens, and if necessary, forcibly prevent him or them from continuing such mining operations. Sec. 8. Should such foreigner or foreign> ers, after having been stopped by a Sheriff or | Deputy Sheriff from mining in one place, seek a new location and continue such mining operations, it shall be deemed a misdemeanor, for which such offender or offenders shall be ar* rested as for a misdemeanor and he or they shall be imprisoned for a term not exceeding three months, and fined not more than one thousand dollars. Sec. 9. Any foreigner who may obtain a license in conformity with the provisions of this Act, shall be allowed to work the mines anywhere in this State, under the same regulations as citizens of the United Slates. Sec. 1 0. It shall be the duty of each collector of licenses to foreign miners to keep a full and complete register of the names and description of all foreigners taking out licenses, and a synopsis of all such licenses, to be returned to the Treasurer. Sec. 11. Each license, when sold, shall he endorsed by the collector selling or issuing the same, and shall be in uo case transferable ; and the collector may retain out of the money received for each license, the sum of three dollars, which shall be the full amount of his compensation. Sec. 12. Each collector of licenses to foreign miners shall, once in every two months, and oftener, if called upon by the Treasurer, proceed to the seat of government, settle with the Treasurer, pay over to the officer all moneys collected from foreigners not before paid over, and account with him for the unsold licenses remaining in his hands. Sec. 13. If any collector shall neglect or refuse to do his duty as herein provided, it shall be the duty of the Comptroller, upon receiving a uotice thereof from the Treasurer, to give information thpreof to the District Attorney in whose district the said officer may have been appointed, who shall bring an action against such collector and his sureties upon his bond, before any court of competent jurisdiction ; and upon recovery had thereon, the said District Attorney shall receive for his service ten per cent, upon the amqunt collected, the balance to be paid by him into the treasury in the manner provided bj law for

like payments. Sec. 14. It shall be the duty of the Governor, so soon as he shall have been official-

ly informed of the passage of a law by the United States Congress, assuming the control of the mines of the State, to issue his proclamation, requiring all collectors of licenses to foreign miners to stop the issuing of licenses. Sec. 15. It shall be the duty of the Governor of State, immediately after the passage of this Act, to have two thousand copies each, in English and Spanish, printed and sent to the mining districts for circulation among the miners, and also to have the same published for thirty days in the Pacific New* at San Francisco and in some newspapers at Sacramento City and at Stockton. John Bkjler, Speaker of the Assembly. John M'Dougal, Lieut.-Governor and President of the Senate. Approved, April 13th, 1850. Peter H. Burnett.

Office of Secretary of State, San Jose, April 13th 1850. I hereby certify that the foregoing is a true copy of an original.Act, now on file in this office. W. Van Voorhies, Secretary of State.