Hines v. Miller

Citations

• 122 Cal. 517
• 55 P. 401
• 1898 Cal. LEXIS 623

Syllabus

<p>Mechanics’ Liens—Work upon Mining Claim—Employment by Agent of Owners—Notice.—In case o£ employment of laborers claiming mechanic’s liens upon a mining claim, by one who was in charge of and superintending the work as the agent of the owners in the working of the claim, the rule of notice to or knowledge by the owners of the performance of labor in improvements made by persons other than the owners, provided for by section 1192 of the Code of Civil Procedure, has no application.</p> <p>Id.—Sinking Shaft upon Quartz Claim.—Persons employed in sinking a shaft on a quartz mining claim are each entitled to a lien upon the mining claim for the labor so performed.</p> <p>in.—Meaning of Mining Terms—Judicial Notice.—Courts will take judicial notice of the true significance of all English words and phrases, and that such expressions as shafts, tunnels, levels, chutes, stopes, uprises, cross-cuts, inclines, et cetera, when applied to mines, signify instrumentalities, through which the mines are opened, developed, prospected, and worked; and he who engages in the construction of any of them, is engaged in., mining equally with one who extracts the gravel or ore from the mine.</p> <p>Id.—Shaft Sunk by Lessees—Knowledge of Owners—Absence of Notice to Laborers—Enforcement of Liens.—Work done by lessees in sinking a shaft under a lease from the owners of a mine which by its terms expressly provides that the lessees may sink shafts and run tunnels in working and developing the mine,. and that the lessors were to receive one-fourth of the gross output, must be deemed done with the knowledge of the owners;, and in the absence of the notice by the owners provided for in section 1192 of the Code of Civil Procedure that they would not be responsible therefor, liens may be enforced against them by the laborers employed in the work.</p>