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ART. 17. One hundred feet along the base, and running from base to base through the mountain, shall constitute a tunnelling claim to this mining district, and no miner shall hold more than one tunnelling claim, in addition to the other claims already provided for by the mining laws of this district.

ART. 18. And each tunnelling company may work its claim by employing such number of persons to work upon the same as it my deem expedient.

RT. 19. And no such claim shall be considered forfeited until

thirty days after its abandonment. o - JUBAL HARRINGTON, President. E. DAY, Secretary.

Chattel Mortgage by a Water-right Company

Whereas, the following-named persons and firms are interested in, and claim to be the owners of a water-ditch or canal, and appurtenances, known as the ditch or canal of the Middle Yuba Canal and Water Company, in the proportions or number of shares set opposite the name of o and who reside at the places, and follow the profession, trade or occupation set opposite the name of each, the whole ownership thereof being }. into one thousand shares, viz.:

Names of Shareholders or Number of Shares | Residence of Share- Occupation, Trade or wners. | owned by each. holders or Owners. [...

Jones & Brown . . 497 | so one. | Merchants.

Present resi-
* dence of D.
- Jones, one
of said firm,
State of Wis-
consin.
San Juan, Ne-
vada Co.

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Richard Holmes . . 60 Banker.

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And whereas such ditch or canal was built and constructed under and in pursuance of an agreement, or articles of association, called constitution and by-laws, a copy whereof is hereto annexed, marked A., and is owned and possessed in pursuance thereof. And whereas, such ditch or canal is situate and located in the county of Nevada, and state of California, and is particu

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larly designated and delineated on a map or plate hereto an-
nexed, marked B.
And whereas, there has been heretofore borrowed of M. John-
son & Co. (to wit: Martin Johnson, now deceased, and Henry
Pearce, of the city of San Francisco) the sum of forty thousand
dollars, which sum has been expended in constructing and keep-
ing in repair said canal or ditch. And whereas, there is now due
to said Henry Pearce, surviving partner of M. Johnson & Co.,
on account of said loan, the sum of nine thousand eight hun-
dred, and twenty dollars and thirty-nine cents. And whereas,
for the purpose of completing the construction of such canal or
ditch, and of paying certain floating and outstanding debts,
owing by the Middle Yuba Canal and Water Company, and in-
curred in constructing and carrying on such canal or ditch, it has
become and is necessary to raise, by loan, the further sum of
twenty thousand dollars.
And whereas, at a meeting of the shareholders of said com-
pany and owners of said canal or ditch, on the 7th day of Feb-
ruary, 1858, pursuant to said constitution and by-laws, or articles
of association, it was voted and resolved that the Middle Yuba
Canal and Water Company will raise, by loan, to be secured by
mortgage upon the ditch or canal and waterworks of said com-
pany, the sum of twenty thousand dollars, to bear a rate of in-
terest not exceeding three per cent. per month, payable quarterly,
and if not paid when due, to be compounded with, and added to
the principal, and thereafter to form a new principal, and bear
the same rate of interest until paid.
And whereas, at said meeting it was also voted and resolved,
that if the said Henry Pearce, surviving partner aforesaid, will
and has consented to postpone the payment of said sum or loan
due to him as aforesaid, that the Middle Yuba Canal and Water
Company would secure the payment thereof by mortgage upon
said ditch, canal, or waterworks, to bear a rate of interest of three
per cent. per month, payable quarterly, and if not paid when
due, to be compounded with and added to the principal, and
thereafter to form a new principal, and bear the same rate of in-
terest until paid.
And whereas, at said meeting it was also voted and resolved,
that the president and trustees of the Middle Yuba Canal and
Water Company be authorized, empowered and instructed to
negotiate for and procure such loan, and such postponement, and
for and on behalf of the said company, to execute and deliver a
mortgage or mortgages upon the ditch or canal and waterworks
of said company, with the appurtenances, to secure the payment
of said loans and sums of money and interest as above specified.
Now therefore, this indenture, made the day of Febru-
ary, (1858) eighteen hundred and fifty-eight, by and between

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the Middle Yuba Canal & Water Co., of Nevada, Nevada county, California, a company for mining, chemical, or agricultural purposes, and furnishing and selling water for such purposes, and each of the firms and persons subscribing this indenture, whose residences, trades, professions and occupations are hereinbefore set forth, shareholders in and part owners of said ditch or canal and waterworks, parties of the first part, and Henry Pearce, }. of the second part, witnesseth, that the said parties of the rst part, as a company and individually, for and in consideration of the premises, and in consideration of the sum of lent and advanced by the party of the second part to the parties of the first, the receipt whereof is hereby confessed and acknowledged, and in further consideration of the postponement by said Pearce of the payment of said sum so due and owing to him, hath sold, granted, conveyed and mortgaged, and by these presents doth sell, grant, convey and mortgage unto the said party of the second part, all the right, title, interest, claim and property of the .# parties of the first part, as a company, members of firms and individually, of, in and to the ditch, or canal and waterworks, reservoirs and rights of water, including dams, sluices, gates, trunks and branches belonging and pertaining to the Middle Yuba Canal and Water Co., as the same is more particularly designated and delineated on the map or plot marked B., hereto annexed, and forming part of this instrument. This grant and instrument is intended as security for the payment of the said sum of twenty thousand dollars in one year from date, with interest at three per cent. per month, payable monthly, and if not paid when due, to be added to the principal, and compounded, and bear the same rate of interest; which payments of principal and interest, at the times and in the manner above mentioned, at the banking house of Banks & Bull, in the city and county of San Francisco, will render this conveyance and instrument void : but in case default be made in the payment of the principal or interest above mentioned, or any part, at the time, place, and in the manner above mentioned, then the said party of the second part is hereby authorized and empowered to sell the property hereinbefore mentioned, to wit: said ditch, or canal and waterworks, with the appurtenances and every part and parcel thereof, in the manner provided by law, and under and in pursuance of a decree of a court of competent jurisdiction, and out of the moneys arising from such sale, to retain two and one-half per cent. upon the amount then due and unpaid and to grow due, for attorney and counsel fees of foreclosure, together with the legal costs and charges of making such sale, the said principal sum and interest thereon then unpaid and owing; and the overplus, if any there be, shall be paid to the Middle Yuba Canal & Water Company.

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And the said Middle Yuba, Canal and Water Company covenant, promise and agree, to and with the party of the second part, to pay to him the said principal sum and interest, as above speci#. at the time, place, and in the manner above mentioned.

And the undersigned firms and individuals covenant, promise and agree, to and with the party of the second part, to pay to him the said principal sum and interest as above specified, at the time, place, and in the manner above mentioned.

In witness whereof, &c.

For mode of executing this instrument, see statutory provisions and forms under the title CHATTEL. MoRTGAGE.

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No particular form of words is necessary to constitute a mortgage; and where two instruments taken together, described the property, and the amount of indebtedness, and conveyed the premises as security for the indebtedness, they were held to constitute a sufficient mortgage.' It is not necessary, to constitute a mortgage, that it should appear upon the face of the papers, that there was any personal obligation on the part of the mortgagor to pay the amount of the principal and interest. Such obligation would only enable the mortgagee to look to the mortgagor for any deficiency remaining after the application of the proceeds of sale of the premises to the payment of the sum secured.” A claim against the estate of a deceased person, although secured by mortgage, must be presented to the executor or administrator, with the necessary affidavit, or suit cannot be maintained for its recovery.” See title ExECUTORS AND ADMINISTRATORS." A mortgage given upon a homestead, will not avail as a lien, to the extent of the homestead exemption—five thousand dollars —unless the wife join in the execution of the instrument." See titles HoMESTEAD and ACKNow LEDGMENTs. She should also join with her husband in a mortgage of her separate estate—see title HUSBAND AND WIFE. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale". The court may, by injunction, on good cause shown, restrain

1 1 Cal. 803. * 5 id. 504; Sid. 66; 10 id. 296. 2 10 id. 197. * Wood's Dig. art. 994, 995. * 6 id. 886; 9 id. 123.

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