SECTIONS 850-856 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 850-856

850. Upon the failure of any co-owner of a mine or mining claim to
contribute his proportionate share of the taxes which have been
levied and assessed upon the mine or claim for the period of five
years, any co-owner who has paid such share may at the expiration of
the five years serve upon the delinquent co-owner notice thereof.

851. The notice shall be served in the manner provided by law for
the service of a summons in a civil action, but where service is by
publication, the publication shall be in a newspaper of general
circulation published in the county in which the mine or claim is
situated or if there is no such newspaper, in such a newspaper in an
adjoining county, and the publication shall be at least once a week
for 90 days.

852. If prior to the expiration of 90 days from the service the
delinquent fails or refuses to contribute his proportionate share of
the taxes, the co-owner contributing such share may file in the
superior court of the county in which the mine or claim is situated a
verified petition setting forth the facts and particularly
describing the mine or claim.

853. If the mine or claim is situated in more than one county, the
petition may be filed in the superior court of either county.

854. The clerk shall set the petition for hearing by the court and
give notice thereof by causing a notice of the time and place of the
hearing to be posted at the county courthouse at least 10 days before
the hearing. The court may order such further notice as it deems
proper.

855. The court shall hear evidence for or against the petition and
may order judgment thereon vesting the interest of the delinquent in
the mine or claim in the petitioner.

856. A certified copy of the decree may be recorded in the office
of the recorder of each county in which any part of the mine or claim
is situated.