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vided, upon each lead or vein, and as many by purchase as the local laws of the miners in the district where such claims are located may allow; and the discoverer of any new lead or vein, not previously located upon, shall be allowed one additional claim for the discovery thereof. Nothing in this section shall be so construed as to allow any person not the discoverer to locate more than one claim upon any one lead or vein.
Sec. 4. Every person, or company of persons, after establishing such claim or claims, shall, within one year after recording or taking such claim or claims, work or cause to be worked to the amount of fifty dollars for each and every claim, and for each successive year shall do the same amount of work, under penalty of forfeiture of said claim or claims: Provided, That any incorporate company owning claims on any lead or vein may be allowed to work upon any one claim the whole amount required as above for all the claims they may own on such lead or vein.
Sec. 5. It shall be the duty of the county clerk of any county, upon the receipt of a notice of a miners' meeting organizing a miners' district in said county, with a description of the boundaries thereof, to record the same in a book to be kept in his office as other county records, to be called 66 book of record of mining claims;' and, upon the petition of parties interested, he may appoint a deputy for such district, who shall reside in said district or its vicinity, and shall record all mining claims and water rights in the order in which they are presented for record; and shall transmit a copy of such record at the end of each month to the county clerk, who shall record the same in the above-mentioned book of record, for which he shall receive one dollar for each and every claim. It shall further be the duty of said county, clerk to furnish a copy of this law to his said deputy, who shall keep the same in his office, opeņ at all reasonable times for the inspection of all persons interested therein.
Sec. 6. Miners shall be empowered to make local laws in relation to the possession of water rights, the possession and working of placer claims, and the survey and sale of town lots in mining camps, subject to the laws of the United States.
Sec. 7. That ditches used for mining purposes, and mining flumes permanently affixed to the soil, be and they are hereby declared real estate for all intents and purposes whatever.
Sec. 8. That all laws relative to the sale and transfer of real estate, and the application of the liens of mechanics and laborers therein, be and they are hereby made applicable to said ditches and flumes: Provided, That all interests in mining claims known as placer or surface diggings may be granted, sold, and conveyed by bill of sale and delivery of possession, as in cases of the sale of personal property: Provided further, That the bills of sale or conveyances executed on the sale of any placer or surface mining claim shall be recorded within thirty days after the date of such sale, in the office of the county clerk of the county in which such sale is made, in a book to be kept by the county clerk for that purpose, to be called the record of conveyances of mining claims.
Sec. 9. Mortgages of interests in placer or surface mining claims shall be executed, acknowledged, recorded, and foreclosed as mortgages of chattels.
Sec. 10. The county clerk shall be entitled to a fee of one dollar each for every conveyance or mortgage recorded under the provisions of this act.
21.-QUARTZ STATUTE OF IDAHO.
The following is the statute of Idaho in regard to quartz claims :
SECTION 1. That any person or persons who may hereafter discover any quartz lead or lode shall be entitled to one claim thereon by right of discovery, and one claim each by location.
Sec. 2. That a quartz claim shall consist of two hundred feet in length along the lead or lode by one hundred feet in breadth, covering and including all dips, spurs, and angles within the bounds of said claim, as also the right of drainage, tunnelling, and such other privileges as may be necessary to the working of said claim.
SEC. 3. The locator of any quartz claim on any lead or lode shall, at the time of locating such claim, place a substantial stake, not less than three inches in diameter, at each end of said claim, on which shall be a written notice specifying the name of the locator, the number of feet claimed, together with the year, month, and day when the same was taken.
Sec. 4. All claims shall be recorded in the county recorder's office, within ten days from the time of posting notice thereon : Provided, That when the claim located is more than thirty miles distant from the county seat the time shall extend to fifteen days.
Sec. 5. Quartz claims recorded in accordance with the provisions of section 4 of this act shall entitle the person so recording to hold the same to the use of himself, his heirs and assigns: Provided, That within six months from and after the date of recording he shall perform, or cause to be performed, thereon work amounting in value to the sum of one hundred dollars.
Sec. 6. Any person or persons holding quartz claims in pursuance of this act shall renew the notice required in section 3 at least once in twelve months, less such claimant is occupying and working the same.
Sec. 7. The conveyances of quartz claims heretofore made by bills of sale or other instruments of writing, with or without seals, shall be construed in accordance with the local mining rules, regulations, and customs of miners in the several mining districts, and said bills of sale or instruments of writing concerning quartz claims without seals shall be prima facie evidence of sale, as if such conveyance had been made by deed under seal.
Sec. 8. Conveyances of quartz claims shall hereafter require the same formalities and shall be subject to the same rules of construction as the transfer and conveyance of real estate.
Sec. 9. The location and pre-emption of quartz claims heretofore made shall be established and proved when there is a contest before the courts, by the local rules, customs, and regulations of the miners in each mining district where such claim is located, when not in conflict with the laws of the United States or the laws of this Territory.
Sec. 10. This act to take effect and to be in force from and after its approval by the governor;
. Approved February 4, 1864.
23.-STATUTE OF ARIZONA.
The following is the statute of Arizona on the registry and government of mines and mineral deposits, with the exception of the sections providing the manner in which the rights of miners shall be enforced by the courts :
Section 1. All mining rights on the public lands of the United States, as well as rights acquired by discovery on the lands of private individuals, are possessory in their character only, and such possessory rights shall be limited, regulated, and governed as hereinafter provided.
Sec. 15. Every mining claim or pertenencia is declared to consist of a superficial area of two hundred yards square, to be measured so as to include the principal mineral vein or mineral deposits, always having reference to and folIowing the dip of the vein so, far as it can or may be worked, with all the earth and minerals therein. But any mining district organized in accordance with the provisions of this chapter may prescribe the dimensions of said mining claim or pertenencia for such district : Provided, That in no case the dimensions so prescribed shall exceed the number of yards allowed by this section ; and further provided, That no such mining district shall diminish the extent of the territorial claim to one pertenencia, as defined in this section.
Sec. 16. Any person discovering or opening a vein or other mineral deposit in this Territory, nut actually worked or legally owned by other parties or registered in accordance with this chapter, shall by properly denouncing and registering the same be entitled to claim and hold a possessory right to a tract of land to the extent of two mining claims or pertenencias, including the said vein or mineral deposit, and conforming as nearly as possible to the general direction thereof, each to be measured two hundred yards long by two hundred yards wide, the direction of the lines to be determined by the person claiming.
Sec. 17. If two or more persons are associated, and have formed a company for the exploration and working of mines, and one or several shall make discoveries of mineral deposits in consequence thereof, said company so engaged in exploration shall be entitled to denounce and register one discovery claim only upon each lode.
SEC. 18. It shall be lawful for the claimants of a mine or mineral lands to locate and take possession of public lands for a mill site and other necessary works connected therewith, which shall not exceed one quarter section, containing a stream or other water suitable for the purpose. They shall have a right to place a dam or other obstructions on such stream, and to divert its waters for the above uses and purposes. They shall, within the time and in the manner prescribed in this chapter for the registration and denouncement of mines, proceed to denounce and register the same with the clerk of the probate court, and they shall be known as auxiliary lands. And if within three years from the day their notice of claim is so recorded, they shall expend in fitting the same for a mill, or in, placing a mill or reduction works thereon, the sum of one hundred dollars, they may cause the record of such work to be made and proceedings for confirming their title to be instituted as provided in section 29 of this chapter, with like effect, and receive a certificate of title as therein provided, conforming as nearly as they can to the requirements of that section. Instead of the work required by section 32 of this chapter they shall use the machinery or other works erected upon said land for mining purposes at least thirty days in each year. Such claims shall be subject to all the provisions of this chapter which are applicable to mining rights, and may be abandoned and relocated. All rights to auxiliary lands acquired under the laws of any minipg'district before this act takes effect shall be valid, and the owners of the same, upon complying with the provisions of this section, may take the like proceedings to confirm their titles, with a like effect.
Sec. 19. It shall be the duty of all claimants of mining claims, mineral lands, and auxiliary tracts, to at once define the extent and boundary of them as nearly as possible, by good substantial monuments or other conspicuous marks, in the preserce of the recorder of the mining district, or of some witness who shall prove to the satisfaction of the recorder that the same has been done, and to post up a public notice of their claim at the opening of the principal vein, and to have them properly registered and recorded within three months from the time of first claiming them at the office of the mining district recorder according to the provisions of this chapter. Such record shall give a faithful description of the veins, mineral deposits, and tracts of lands, the character and bearing of the veins or deposits, and their connection with natural monuments or conspicuous objects in the vicinity.
Sec. 20. No person shall change his original monuments or boundaries of mineral or other lands, but if a subsequent investigation makes this convenient or necessary, and it can be done without prejudice to other parties, then such change shall take place by the sanction of the judge of the probate court, provided they are properly recorded, and the new boundaries and monuments fixed at once when the original ones are removed.
Sec. 21. All minerals, woods, waters, earths, and vegetation found within the boundaries of any tract of land registered and claimed for mining shall be exclusively used by him or them who are legally entitled to the possession of the land wherein or whereon they are situated, so long as they are used for mining purposes only: Provided, That no one shall have the right to prevent transient persons from using the waters along the public highways, where they were provided by nature in natural tanks, springs, streams, or otherwise, nor from making such equitable disposition of the waters as the legislature shall prescribe.
Sec. 22. No person shall have the right to impede or inconvenience travelling by fencing up the public roads, filling them up with rubbish, or undermining them so as to endanger their safety, neither shall any one change their established direction without sanction of the proper authorities.
Sec. 23. Whenever two or more persons or parties explore and prospect one and the same vein, and at or about the same time but at different places, and without knowledge of each other, then he or they who shall prove first occupancy shall have the right of first location, taking the principal point of excavation as the centre of their claim or claims on each side along the general direction of such vein or deposit. The other parties shall proceed by the same laws after the others have fixed their boundaries. Should there be left vacant ground between the different parties, then it shall be at the option of the first discoverers so to change their boundaries as shall best suit them, and have them recorded accordingly Any other parties shall locate in the order of the time of their arrival on the vein or mineral deposit.
Sec. 24. Whenever two or more parties shall select the same mine or mineral deposit for exploration, and the parties first on the ground, knowing the other parties to be at work, shall fail to give warning, either verbally or in writing, of their priority claim on euch vein or deposit, then that portion of the mine situated between the main excavations of the two parties shall be eyually divided between them, irrespective of the number of members each company may have: Provided, That the intervening portions shall not exceed the quantity of land allowed by the provisions of this chapter.
Sec. 25. The laws and proceedings of all mining districts established in this Territory for the denouncement, registration, and regulation of mines, mining claims, mineral lands, and auxiliary lands, prior to the day this act takes effect, are hereby legalized and declared to be as valid and binding in all courts of law as if enacted by this legislative assembly, to the extent and under the conditions and restrictions herein contained.
I. All rights, claims, and titles to any veins, mineral lands, or mineral deposits, and auxiliary lands, acquired before this act takes effect, under, by virtue of, and in conformity to the laws of said mining districts, are hereby declared to be valid and legal, and shall be respected and enforced in all courts of this Territory, when sustained by the evidence herein provided; but no amount of work done thereon shall be construed to give a perpetual title thereto, but shall give such title only and such rights and privileges as is provided in section 29 of this chapter; and no person who was at the time of the location of his claim an inhabitant of this Territory shall forfeit his claiin because he was not a resident also of the mining district in which his said claim was located. And no such right, claim, or title shall be considered as abandoned provided the claimant shall within six months from the day this act takes effect file with the clerk of the probate court of the county in which his claim is situated a brief description of the same, giving the name of the district in which the lode is situated, and of the lode or lodes, and the extent of his claim thereon, with a declaration that he intends to retain and work the same according to law, unless such claim has been forfeited and subject to relocation under the laws of such mining district before this act takes effect.
II. All records and all papers required by the laws of said mining districts to be deposited with the recorders of said districts for record shall be received as evidence of their contents in all courts of this Territory, and shall not be rejected for any defects in their form, when their contents may be understood, but shall be valid to the extent priivided by said mining laws, except as hereinbefore restricted: Provided, That such records and papers are deposited with or recorded by the clerk of the probate court of the county in which said mining district is located, and within three months from the time this acts takes effect; and if said records or papers are lost or mutilated, or if such recorder of a mining district shall neglect or refuse to deposit the same as aforesaid, an affidavit of their contents made by any person interested therein, or certified or sworn copies thereof, may be so recorded, and shall have the like effect.
III. All conveyances of mines, mining rights, mineral and auxiliary lands made prior to the time this act takes effect shall be valid and binding to pass the title of the grantor thereof, although defective in form and execution, if their contents can be understood, and as such shall be received and regarded in all courts of this Territory; Provided, That such conveyances shall be deposited with or recorded by the clerk of the probate court of the county where said mines are situated, within three months from the time this act takes effect, and if lost or mutilated, copies or affidavits of their contents, executed as aforesaid, may be recorded as provided above.
Sec. 26. Every recorder, register, clerk, or other recording officer, of every such mining district, or who has at any time acted as such recording officer, within three months after this act takes effect, shall deposit with the clerk of the probate court of the county in which said district or greater part thereof is situated, all records which he has so kept, and all papers deposited in luis hands for record, and papers so made or deposited with his predecessors in said office, which are in his hands as aforesaid, or he shall so deposit certified copies of the
And such records and other papers shall be securely kept by such clerk, open in office hours to public inspection, and copies of the same duly certified by him shall be received in all courts of justice, and have the same effect as the originals. And any such recorder, register, or other recording officer of each mining district who shall neglect or refuse to comply with the provisions of this section shall be liable in damages to the party injured thereby, and shall be liable to be punished by the judge of probate of the county in which said mining district, or the greater part thereof, is situated, for contempt, by fine not exceeding five thousand dollars and imprisoned not more than one year, and shall be incapable of holding any such office and niining claim.
Sec. 27. Mining districts now existing may be continued, or new mining districts
may be established in the manner and for the purposes hereinafter provided. I. The recorder of every mining district now existing shall at the same time that he deposits the records of said districts with the clerk of the probate court, as the last preceding section requires, take an oath before the judge of said court that he will faithfully perform the duties of his office until another recorder shall be elected and qualified in his place, which oath shall be recorded by the clerk of the probate court. He shall record in a book to be kept by him for that purpose all notices of claims or rights to veins, mineral deposits, mineral lands, and auxiliary lands which may be left with him to be recorded, and shall note
papers which may be received by him to be recorded, the time when they were so received by him, and they shall be considered as recorded from that time. He shall, when requested by any such claimant, go with him to his claim and see that the same is measured by metes and bounds, and marked by substantial monuments on the surface of the earth, and shall make a record of the same, and of the time when it was done, and certify it to be correct, or shall make a record and certificate of the same on the evidence of a credible witness, who was present when the same was done, and is cognizant of the facts, and