as may seem proper. The court in which the action may be pending shall also have power, upon application of the receiver, based upon his affidavit, to punish as for contempt all persons who have been guilty of disturbing the receiver in the possession of the claim. The receiver mentioned in this section shall keep an accurate account of all the proceeds of the claim pending action, and of all amounts paid out for working the same, and shall retain the proceeds and pay the same over, pursuant to the order of the court. The receiver shall also be required, on demand of either party, to give security for the faithful performance of his trust, and shall be allowed for the same a reasonable compensation, to be paid out of the proceeds of the claim in his hands, but in no case exceeding ten per cent. upon such proceeds. Gen. Laws, 5579, 5580.

Statute of Limitations.

SEC. 64. No action for the recovery of property in mining claims or for the recovery of the possession thereof, shall be maintained, unless it appears that the plaintiff, his ancestor, predecessor or grantor, was seized or possessed of the premises in question within two years before the commencement of this action. No cause of action or defense to an action founded upon the title to property in mining claims or to the rents or profits out of the same shall be effectual, unless it appear that the person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor or grantor, of such person was seized or possessed of the premises in question within two years before the commencement of the act in respect to which such action is prosecuted or defense made. Gen. Laws, 4382, 4383.

Foreign Miners.

SEC. 65. The state has the power to require the payment by foreigners of a license fee for the privilege of working the gold mines in the state. 1 Cal. 232.

An Act to Regulate the Rights of the Owners of Mines. SEC. 66. An act to regulate the rights of the owners of mines, approved March 9th, 1870, provides as follows:

1st. The owner or owners of mines or mining claims in this state shall have a right of way, for ingress and egress, for all necessary purposes, over and across the land or mining claims of others, as hereinafter prescribed.

2d. Whenever any mine or mining claim shall be so situated that it cannot be conveniently worked without a road thereto or a ditch to convey water thereto, or a ditch or cut to drain water therefrom, or without a flume or tunnel thereto, or a place whereon to dump or deposit tailings, and such road, ditch or drain or such flume or tunnel, shall necessarily pass over, across or through or under, and such place of deposit be upon mining claims or other lands owned or occupied by others, then shall such first-mentioned owner or owners be entitled to a right of way for such road, ditch, drain, flume or tunnel, over, across or through, or under or to, such place of deposit upon such other mining claims or lands, upon compliance with the provisions of this act.

3d. Whenever the owner or owners of any mine or mining claim shall desire to work the same, and it is necessary, to enable him or them to do so conveniently, that he or they should have a right of way, for any of the purposes mentioned in the foregoing sections, or that he or they should have a place for dumpage and deposit of tailings, as mentioned in the preceding section, and such right of way or place of deposit shall not have been acquired by private agreement between him or them and the owners or occupants of the claims or lands, over, across, under or upon, which he or they seek to establish such right of way or place of deposit, then it shall be lawful for him or them to present to the county court or to the county judge, if the court be not in session, of the county wherein such mine or claims are situated, a petition, praying that such right of way or place of deposit be awarded to him or them. Such petition shall be verified and shall contain a particular description of the character and extent of the right sought; a description of the mine or claims of the petitioners and of the claims or lands to be affected by such right or privilege, with the names of the owners or occupants thereof. It shall also show that such right or privilege has not been acquired by private agreement or contract between the re

spective parties, and shall conclude with a prayer for the allowance thereof by the court or judge, and the appointment of three commissioners to assess the damages resulting from such allowance.

4th. Upon the receipt of such petition and the filing thereof in the office of the clerk of the county court, the court or judge, as the case may be, shall direct a citation to issue under the seal of the court, to the owners named in the petition of mining claims or lands to be affected by the granting of such right or privilege, requiring them and each of them to appear before such court or the judge thereof, if the court be not in session, on a day therein named, which shall not be less that ten days from the service thereof, and show cause why such right or privilege should not be awarded or allowed and such commissioners appointed, as prayed for. Such citation shall be served on each of the parties therein named, in the manner prescribed by law for the service of summons in ordinary proceedings at law.

5th. Upon the day named in the citation or upon any subsequent day to which the hearing may be adjourned, the county court or the county judge, if the court be not in session, shall proceed to hear the allegations and proofs of the respective parties, and if satisfied that the claims of the petitioners can only be conveniently worked by means of the right of way, privilege or place of deposit, prayed for, shall make an order adjudging and awarding to such petitioners such right of way, privilege or place of deposit, and appointing three disinterested persons, residents of the county, as a commission to assess the damages resulting to the owners of mining claims or lands affected thereby.

6th. The commissioners so appointed, being duly sworn, shall proceed without delay to examine the mine or claims of the person or persons petitioning, as well as the mining claims or lands to be affected by the right or privilege prayed for. They may also hear testimony relative to the value of such mining claims or lands and the damages resulting from such right or privilege, and report, in writing, the result of their inquiries to the court or judge appointing them. Such report shall designate the course or line

and dimensions of the road, ditch, drain, flume or tunnel, as the case may be, or the place of deposit prayed for. It shall further designate the value of the lands to be occupied by or appropriated to, and for such right of way or place of deposit, and assign the damages which each of the owners or occupants of mining claims or lands affected by such right or place of deposit shall suffer in consequence thereof.

7th. Within ten days from the filing of such report any of the parties concerned in the same may move, for cause shown by affidavit, to set aside the same; and if upon hearing of such motion, such court or judge shall set aside or vacate such report, a new commission shall be appointed which shall proceed in all respects as is provided for the first commission. If no motion to set aside the report of the first or any succeeding commission be made, as provided in the last section, or if being made it is denied, then the same shall be regarded as final and an order shall be made by the court or judge in pursuance thereof.

8th. Upon the payment of the sum assessed as damages to each of the owners or occupants of claims or lands to whom the same shall have been awarded by the report and order mentioned in the preceding section, then the person or persons petitioning shall be entitled to the right of way or place of deposit, as designated and defined by such report, over or upon the land or claims of the person or persons receiving such compensation, and he or they may, upon making such payment, proceed to occupy the line, route, way or place of deposit, so designated, and to erect thereon such works and structures and make such excavations as may be necessary to the use and enjoyment of the right of way or place of deposit so awarded.

9th. Whenever the owner or owners of any mine or mining claim are desirous, in working the same, to carry off the tailings and other refuse matter through and along any watercourse, ravine or natural outlet, which is in whole or in part owned or occupied by other persons, for mining or other purposes, then such first-mentioned owner or owners may proceed in the manner hereinbefore provided to have such right and privilege awarded to him or them: provided, nevertheless, that the county court or judge shall not make such

award or appoint a commission unless such court or judge shall be satisfied that the right or privilege sought can be enjoyed without especial injury to those owning or occupying claims or lands along or upon such watercourse, ravine or outlet.

10th. All costs and expenses shall be paid by the party making the application, and the commissioners appointed shall receive five dollars per day for each day actually engaged in the service.

11th. This act shall take effect from and after its passage. Pub. Laws, 1870.

SECTION 1. Pledges are, in general terms, voluntary submissions of property belonging to a debtor as security for the payment of money.

SEC. 2. This submission may be, technically, a pledge or a mortgage of personal or real property.

SEC. 3. The chief distinction at common law between a pledge and chattel mortgage was, that in a pledge the title did not pass to the pledgee, who held only a lien on the property, and in all cases the possession must accompany the pledge, whilst in a chattel mortgage the title of the mortgagee became absolute at law on the default of the mortgagor, and it was not essential to the validity of the instrument that possession of the mortgaged property should be delivered. It is apparent, therefore, that while the general office to be performed by each is the same to wit: to secure the payment of money or the performance of some other act-the consequences resulting from a failure to per