October 1st 1849 CONSTITUTION AND BY LAWS of the
NEW YORK and CALIFORNIAN EXCELSIOR MINING COMPANY
with which I entend to cooperate in the Gold regions
CONSTITUTION
Preamble not—–Article first. We the undersigned being desirous of conducting business upon a Mutual and permanent basis, to promote its Sucessful prosecution, and to ensure harmony and good order; do enact the following Constitution and by laws for our good government.
Art First-This Company Shall be knom as, and denominated the
NEW YORK And CALIFORNIAN EXCELSIOR MINING COMPANY
Art 2-This company shall consist of nine members Subject to an increase by a Majority Vote
Art 3-The Officers of this Company Shall consist of a President Secretary and two Treasurers, to be elected Monthly. the tenure of whose office, shall be comptency and a faithful discharge of the duties asigned them.
Art 4th-All the precious Metal: Money and other property accumulated or acquired by this Company (Barring private Property) Shall constitute a fund from which each member may draw one half of the nett profits of which his share shall entitle him, the remaining one half shall remain in the hands of the Company and shall constitute its Capital, on which to conduct business, untill such times as a dividend be declared, or the disolution of the Company shall become necessary
Art 5th-Each member shall Secure to himself his equal and undivided ratio of the joint Stock o:f the Company, and shall append his name to the Constitution and Laws.
Art 6th-A Majority of the members o:f this Company shall have pbwer to determine upon all Matters of policy, provided at lease two thirds of the Members be convened in council. Should this be impractable a Statement of the transactions together with evidence in justification shall be submitted at the first oportunity of the Company.
Art 7th-No person Shall be eligible to Membership in this Company who Shall have contracted Bodily disease in the practice of licenticousness. Upon the detection of Such disease, upon any Member of this Company, he Shall be deemed guilty of having robbed the Company of his Most valuable Servises, and of being a enemy to the health and happiness of those whom he was in honor bound to respect: he Shall forfit to the Company his proportion of the profits which Shall accure during his inability to perform the proper duties asigned him: his Medical expences Shall be chargable to his private account: and if found to be intractable may be discounted from the company
Art 8th-If a Member be taken Sick, he Shall be properly cared for at the expence of the Company; and Shall be entitled to his full Share of the profits. as when in possesion of Sound health, And in case of the death of any Member of the Company, (or otherwise) Shall be Scrupulously determined and transmited to his legal heirs or representatives: he Shall be buried with all the propriety and Solemnity of which the circumstances will admit. All the incidents relating to his Sickness and death, Manner and place of buriel Shall be. duly recorded by the Secretary.
Signed
BY LAWS
Article 1-It Shall be the duty of the President to preside over all councils for the transactions of business and main tain order therein: he Shall call a Meeting of the Company, at the request of two or more of its Members, and Shall be entitled to a voice in the disposition of affairs
Art 2-It Shall be the duty of the Secretary to keep a record of the proceedings of the Company to place on file all documents and to conduct the corespondence of the Company Subject to their approval.
Art 3-It Shall be the duty of the Treasurers to keep correct account in due form of all the receipts and expenditures of the Company: And to keep a personal account with each Member: They Shall hold the funds of the Company: Subject to an order from the Secretary endorsed by the President, they Shall at all times hold their Books open to the inspection of the Members of the Company.
Art 4th-Each Member Shall direct his best efforts for the promotion of the objects of the Company, and Shall deliver over to the Treasures, all the Gold or precious Metals he May Collect or property he may acquire in the Service .of the Company in the Common fund.
Art 5th-If any Member Shall be detected in Secreting or with holding any part of the property, Gold or precious Metals he May acquire, or in appropriating any part thereof to his own private use, he Shall forfeit his entire intrest in the Company, or Such a Share of the Same as a Majority of the Company May decide.
Art 6th-In case of difficulty and danger the Members Shall Mutualy Stand by and Support one another and it Shall be the duty of every Member to respect the private property and rights of others.
Art 7th-The Sabbath day Shall be observed as a day of rest by this Company, when not prevented by circumstances beyond our controll. ·
Art 8th-All Gambling and gross immorality is Strictly prohibited; and if any Member Shall be found Gambling or in any otherwise doing inviolence to the Moral Sence of the Company. He Shall be admonished for the first offence, and upon a repetition thereof May be fined or expelled from the Company as a Majority of the Members Shall decide.
Art 9th-This Company Shall not be held liable for losses in any goods or adventures Made by any of the Members individualy.
Art 10th-If any Member Shall absent himself from the Company, for his own amusement: or engage in any other capasity except that for the interest of the Company, he Shall derive none of the profits accruing from the Company during his absence, and Shall pay for his board, while not in the Services of the Company.
Art 11th-Any action upon the part of Members of this Company, not Specified in the Constitution or Laws May be deemed offensive by a Majority of the Company, Shall be Subject to Such penalties as they in their judgment May deem proper to afix.
Art 12-No part of these articles Shall be altered, amended or anulled, unless by a two third Vote.