When three or more persons,
owning or claiming as joint tenants, tenants in common or coparceners a
majority of the number of feet, shares or interests in any mining claim
in this State, shall have formed, or shall hereafter form themselves into
a corporation or organized association for the purpose of working and
developing such mining claim, and shall actually proceed to work and
develop the same, such corporation or association may, without demand,
except by commencement of an action, institute in any court of competent
jurisdiction suit in its corporate or associate name, as upon an implied
contract for the payment of money, against any person not a stockholder
in or a member of such corporation or association, owning or claiming to
own in such mining claim as joint tenant, tenant in common or coparcener,
for his proportion of the money actually expended, or indebtedness
assumed, by such corporation or association in the actual and necessary
working and development of such mining claim.
[1:73:1865; B § 91; BH § 247; C § 263; RL § 2476; NCL § 4174]
The proportion of money expended or
indebtedness assumed by such corporation or association, and for the
payment of which such joint tenant, tenant in common or coparcener is
made liable under the provisions of NRS 520.010 to 520.070 ,
inclusive, shall be deemed such an amount of money or indebtedness as
bears the same proportion to the whole amount of money expended or
indebtedness assumed as the interest in the mining claim owned or claimed
by such joint tenant, tenant in common or coparcener bears to the whole
of the mining claim.
[2:73:1865; B § 92; BH § 248; C § 264; RL § 2477; NCL § 4175]
1. In all cases the defendant, prior to the institution of suit
under the provisions of NRS 520.010 to
520.070 , inclusive, shall be entitled
to 3 weeks’ notice of the intention of such corporation or association to
institute such suit, which notice may be either served personally or by
publication in some newspaper published in the county within which such
mining claim is located. If no newspaper is published in the county, then
publication shall be made in a newspaper published in the nearest
adjoining county.
2. Any number of such joint tenants, tenants in common or
coparceners may be joined as parties defendant in any suit instituted
under the provisions of NRS 520.010 to
520.070 , inclusive, but each defendant
shall be entitled to plead separately. When the cause shall be tried by
jury, as many of the separate issues of fact as may be agreed upon by the
parties may be determined by the same jury.
3. Judgment shall be rendered for or against each defendant
separately, and the costs of suit may be apportioned among the several
parties defendant, against whom judgment may be rendered, in such manner
as to the court may appear just and equitable.
[3:73:1865; B § 93; BH § 249; C § 265; RL § 2478; NCL § 4176]
The summons shall specify:
1. The amount of money actually expended or indebtedness assumed
by such corporation or association in the actual and necessary working
and development of the mining claim.
2. The amount due from each joint tenant, tenant in common or
coparcener as his proportion of such money or indebtedness.
[4:73:1865; B § 94; BH § 250; C § 266; RL § 2479; NCL § 4177]
1. All suits instituted under the provisions of NRS 520.010 to 520.070 ,
inclusive, shall be brought in the county within which the mining claim
is located.
2. Where the defendant is a nonresident of the county within which
suit is brought, but a resident of the State, service of summons may be
had personally, as in other cases, or by publication in the same manner
as provided by Nevada Rules of Civil Procedure for service of summons by
publication where the defendant is a nonresident of the State.
3. All of the provisions of law and Nevada Rules of Civil
Procedure regulating proceedings in other civil cases shall, so far as
the same are applicable, apply to suits instituted under NRS 520.010
to 520.070 , inclusive.
[5:73:1865; B § 95; BH § 251; C § 267; RL § 2480; NCL § 4178]
1. The amount of money expended or indebtedness assumed by such
corporation or association as the proportion due from such joint tenant,
tenant in common or coparcener for the actual and necessary working and
development of the mining claim shall be a lien in favor of such
corporation or association upon the interest of such joint tenant, tenant
in common or coparcener in such mining claim from the time such money was
expended or indebtedness assumed by such corporation or association.
2. The lien shall bind such interest from the time of such payment
or assumption as against any subsequent purchaser, mortgagee or other
person acquiring a lien upon, or title to, or interest in the same.
3. Suit may be instituted against the person owning or claiming
such interest at the time of the commencement of the action for the
recovery of the whole amount due upon such interest.
4. All judgments rendered in any action instituted under the
provisions of NRS 520.010 to 520.070
, inclusive, and any execution issued
thereon, shall bind and run against such interest, and no other property
of the defendant shall be subject to execution on the judgment.
[6:73:1865; B § 96; BH § 252; C § 268; RL § 2481; NCL § 4179]
All sales of any interest in a
mining claim under an execution issued on a judgment obtained in any suit
instituted under the provisions of NRS 520.010 to 520.070 ,
inclusive, shall be absolute, and the purchaser shall be entitled to the
immediate possession of the interest purchased by him at such sale.
[7:73:1865; B § 97; BH § 253; C § 269; RL § 2482; NCL § 4180]
Inspection of Mines by Stockholders
1. Any person who is the bona fide owner of stock shares
representing the value of one-fifth of 1 percent of the original capital
stock of any company incorporated for the purpose of working upon and
mining in any lode, ledge, deposit or bed of the precious metals or
useful minerals in this State, and any number of persons who are bona
fide owners of an aggregate number of mining shares, amounting in value
to one-fifth of 1 percent of such capital stock, at the time application
for a permit to examine any such mine shall be made, may, upon a written
order from the county clerk or from the justice of the peace of the
township in which such lode, ledge, deposit or bed is located, fully
examine all of the shafts, adits, borings, drifts, stopes, hoisting
apparatus, properties and appurtenances belonging to any such mining
company.
2. Not more than one owner of such percentage or aggregate
percentages of such mining stock, either in person or by an accredited
agent, is entitled to such written order for examination of any specified
mine or mining property oftener than twice in 1 month; these days shall,
however, not be less than 14 days apart.
3. The superintendent or other person or persons in charge of any
incorporated mining claim or mining property in this State shall keep
posted in some conspicuous place at or near the mine the day of the week
in which authorized stockholders may be admitted under the provisions of
NRS 520.110 to 520.150 , inclusive, and shall, on such day, admit any
authorized stockholder to examine all of the shafts, adits, borings,
drifts, stopes, hoisting apparatus, properties and appurtenances
belonging to any such mining company.
[1:41:1877; A 1879, 57; BH § 284; C § 301; RL § 2492; NCL §
4194]—(NRS A 1959, 119)
1. Each county clerk, or justice of the peace in each of the
townships, shall keep in his office a suitable book for registration, in
which he shall enter the names of all persons who shall be entitled to
the privileges granted by NRS 520.110
to 520.150 , inclusive.
2. The county clerks, or justices of the peace of the several
townships, are authorized to administer an oath or affirmation to each
applicant for such privileges. For administering such oath or affirmation
and for registering the name of the applicant, the county clerk or
justice of the peace shall receive a fee of $1, to be paid by the
applicant at the time of registration.
[2:41:1877; BH § 285; RL § 2493; NCL § 4195]
1. Upon making application as provided in NRS 520.120 for the privilege of entering and examining
any of the mining properties mentioned in NRS 520.110 , the applicant must present to the county
clerk or justice of the peace certificates of stock shares, or
informational statements sent pursuant to NRS 78.235 , indicating ownership of one-fifth of 1
percent of the original capital stock of the company whose mine or mining
property he desires to examine.
2. Thereupon, the applicant must make oath or affirmation that the
stock certificates or informational statements presented by him are
currently accurate and are actually his own property, or that the
certificates of stock or informational statements at the time of
presentation are currently accurate and really belong to the person or
persons whom he is, under the provisions of NRS 520.110 , authorized to represent.
[3:41:1877; A 1879, 57; BH § 286; RL § 2494; NCL § 4196]—(NRS A
1987, 586)
Immediately upon
complying with the provisions of NRS 520.130 , the county clerk or justice of the peace
shall furnish the applicant with a written order for admission to the
mine and mining properties which he may desire to examine.
[4:41:1877; A 1879, 57; BH § 287; RL § 2495; NCL § 4197]
110 . Any mining superintendent, mining foreman or
mining secretary of any incorporated mining company in this state, acting
under and for such mining company, who shall fail or refuse to comply
with any of the conditions mentioned in NRS 520.110 shall for each such failure or refusal be
guilty of a misdemeanor.
[5:41:1877; BH § 288; RL § 2496; NCL § 4198]—(NRS A 1967, 607)
MINING PARTNERSHIPS
A mining partnership exists
when two or more persons who own or acquire a mining claim for the
purpose of working it and extracting the mineral therefrom actually
engage in working the claim.
[1:155:1933; 1931 NCL § 5030]
An express agreement to become partners or to share the profits and
losses of mining is not necessary to the formation or existence of a
mining partnership. The relation arises from the ownership of shares or
interests in the mine and working it for the purpose of extracting the
minerals therefrom.
[2:155:1933; 1931 NCL § 5030.01]
A member
of a mining partnership shares in the profits and losses thereof in the
proportion which the interest or share he owns in the mine bears to the
whole partnership capital or whole number of shares.
[3:155:1933; 1931 NCL § 5030.02]
Each
member of a mining partnership has a lien on the partnership property for
the debts due the creditors thereof, and for money advanced by him for
its use.
[4:155:1933; 1931 NCL § 5030.03]
The mining ground
owned and worked by partners in mining, whether purchased with
partnership funds or not, is partnership property.
[5:155:1933; 1931 NCL § 5030.04]
One of the partners in a mining partnership may convey his
interest in the mine and business without dissolving the partnership. The
purchaser, from the date of his purchase, becomes a member of the
partnership.
[6:155:1933; 1931 NCL § 5030.05]
A purchaser of an interest in the mining ground of a mining partnership
takes it subject to the liens existing in favor of the partners for debts
due all creditors thereof, or advances made for the benefit of the
partnership, unless he purchased in good faith, for a valuable
consideration, without notice of such lien.
[7:155:1933; 1931 NCL § 5030.06]
A purchaser of the
interest of a partner in a mine, when the partnership is engaged in
working it, takes with notice of all liens resulting from the relation of
the partners to each other and to the creditors of the partnership.
[8:155:1933; 1931 NCL § 5030.07]
No member of
a mining partnership or other agent or manager thereof can, by a contract
in writing, bind the partnership, except by express authority derived
from the members thereof.
[9:155:1933; 1931 NCL § 5030.08]
The decision of the
members owning a majority of the shares or interest in a mining
partnership binds it in the conduct of its business.
[10:155:1933; 1931 NCL § 5030.09]
Nothing
contained in NRS 520.160 to 520.250
, inclusive, prevents persons described
in NRS 520.160 from forming a
partnership under either chapter 87 or
chapter 88 of NRS.
[11:155:1933; 1931 NCL § 5030.10]—(NRS A 1985, 1296)
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