WILSON'S MINING LAWS United States, Arizona, California Nevada and Utah ANNOTATED, WITH FORMS AND CORPORATION LAWS OF ARIZONA FOURTH EDITION REVISED TO JULY 1, 1909 COMPILED BY CALVERT WILSON ATTORNEY AT LAW 350 Wilcox Building, Los Angeles, Cal. Price, 50 cents, paper; $1.00, cloth Merchants Bank & Trust Company 209-21 1 South Broadway LOS ANGELES, CAL. Transacts a General Banking and Trust Business. Municipal and other High Grade Securities Bought and Sold. c l TO ATTORNEYS I would advise you that I have in my office a complete -set of Arizona Statutes, decisions and forms which you are welcome to use at any time. I have associates, mostly attorneys, who can act as agents for corporations, in all the principal towns of Arizona, and I can thus quickly and carefully assist you to incorporate. Corres- pondence with attorneys on Arizona practice will be cheerfully answered to assist them in their business. I was for many years District Attorney in Arizona and have been in this line of business for 15 years. You can save yourself a great deal of trouble and possible error by handing or sending your original articles (and two copies) to me, and my associate in Arizona will attend to filing and publishing and return all papers to you promptly. We are also prepared to hold stockholders' meetings any- where in Arizona by proxy when desired. If you have occasion to associate counsel with you in any mining litigation in Arizona, I would have you know that either my father, Gen. Thos. F. Wilson, or myself attend all terms of Court in Phoenix (Maricopa County), Yuma (Yuma Countv), Nogales (Santa Cruz County), Florence (Final County), Tomb- stone (Cochise County), and Tucson (Pima County). We have had from fifteen to twenty years' experience in mining litiga- tion in Arizona. We can also assist you to obtain patents to mining claims or agricultural entries either through the local U. S. Land Offices at Phoenix, Arizona, or Los Angeles, California, or the Depart- ments in Washington. Gen. Thos. F. Wilson resides at Tucson, Arizona, where he was United States Attorney. We will be glad to be associated in any class of general law business you may have in Arizona. I refer by permission to Hon. W. J. Hunsaker, Hon. E. W. Camp, and Messrs. Works, Lee & Works, Attorneys, Los An- geles, California. CALVERT WILSON, Attorney at Law, Los Angeles, California. 350 Wilcox Building. Home Phone 1851. LibnQr SUMMARY OF UNITED STATES LAWS All mineral lands are open to occupation and purchase by any citizen, or he who has declared his intention to become a citizen of the United States. A mining claim located since May 10, 1872, shall not exceed fifteen hundred feet in length along the vein or lode and three hundred feet on each side of the middle of the vein at the sur- face. The locator of a mining claim has the exclusive right of pos- session and enjoyment of all of the surface of his claim and of all veins, lodes or ledges throughout their entire depth, the top or apex of which lies inside his surface lines extended vertically downwards. The owner of a mining claim may follow his ledge should its dip carry him beyond his side lines extended ver- tically down, so long as he does not trespass on the surface of another claim; but in no case can he go beyond his end lines, which must in all cases be parallel. No lode claim can be recorded until a vein or lode has been discovered thereon. Where two claims cross each other the prior location is en- titled to all the ore or mineral within the space of intersection, but the subsequent location has a right of way through the space of intersection for the working of the mine, and where two or more veins unite the oldest location takes the vein below the point of union, including all the space of intersection. A PATENT can be obtained on a mining claim after $500 has been expended thereon for development or improvement, upon its being surveyed by a United States mineral surveyor, and by the payment of $5 per acre for the land to the United States Government. TO HOLD AN UNPATENTED MINING CLAIM, not less than $100 worth of labor shall be performed or improvements made thereon each year, subject to the local laws of the State or rules of the mining district. Where several claims are held in common and are contiguous, the whole expenditure may be made on any one claim. The period within which this work is required to be done begins on the first day of January of the year succeeding the year of location. 6 MINING LAWS OF THE UNITED STATES Discovery 152 U. S. 227; 134 Cal. 585; 94 F. R. 600; 177 U. S. 505; 93 F. R. 612; 167 U. S. 115; 5 F. R. 172; 17 Utah 185. Willing to Develop 82 Fed. ; 37 Oregon 185. Length and Width of Location 18 Col. 524; 5 F. R. 172. What is Mining Claim 104 U. S. 284. Surface Lines 171 U. S. 75; 122 U. S. 484; 104 F. R. 664; 118 U. S. 196 ; 171 U. S. 293. Overlapping Claims 171 U. S. 75; 171 U. S. 83. Gen. 115 U. S. 45; 104 U. S. 279; 94 U. S. 762. Sec. 2321. Proof of citizenship, under this chapter, may consist, in the case of an individual, of his own affidavit there- of; in the case of an association of persons unincorporated, of the affidavit of their authorized agent, made on his own knowl- edge, or upon information and belief ; and in the case of a cor- poration organized under the laws of the United States, or of any state or territory thereof, by the filing of a certified copy of their charter or certificate of incorporation. 11 F. R. 125; 130 U. S. 299 ; 72 Cal. 531. Supplemented by an act of April 26th, 1882, which provides as follows: "That applicants for mineral patents, if residing beyond the limits of the district wherein the claim is situated, may make any oath or affidavit required for proof of citizenship before the clerk of any court of record, or before any notary public of any state or territory." 22 Stats, at Large, p. 49, chap. 106. Sec. 2322. The locators of all mining locations heretofore made or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claims exists on the tenth day of May, eighteen hundred and seventy-two, so long as they com- ply with the laws of the United States, and with State, Terri- torial and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far de- part from a perpendicular in their course downward as to ex- tend outside the vertical side lines of such surface locations. But their ri FORFEITURE TO CO-OWNER. (For Law on this subject, see Section 2324). NOTICE OF FORFEITURE. To : You are hereby notified that I, the undersigned, have expend- ed during the year . . . . , the sum of hundred dollars, in labor and improvements on the following described mining claims, being one hundred dollars worth" of labor and improvements on each of the following named mining claims, to-wit : Those certain mining claims, situ- ated in the mining district, county, state of , known and described as follows : mining claim, according to lo- cation notice thereof, recorded in Book of Mining Records, page , Records of county, state of (Follow with description of remaining claims, as above). That said work was done and improvements made on said claims during the year , in order to hold the said claims under the provisions of Section 2324 of the Revised Statutes of the United States, and the amendments thereto, and the laws of the state of , concerning annual labor to be done on mining claims. That there is due from you to the undersigned the sum of hundred dollars on account of your share of the said hundred dollars expended for annual labor on the said mining claims during the year ....... and You are hereby notified by the undersigned that if within ninety days from the personal service of this notice upon you, or within ninety days after the service of this notice upon you by publication, you fail, refuse or neglect to contribute your portion of such expenditure, to-wit : the sum of hundred dollars to the undersigned, your interest in said min- ing claims will become the property of the undersigned, your co-owner, in accordance with the law in such cases made and provided. Dated state of . , June . 19.. PROOF OF SERVICE OF NOTICE PERSONALLY. State of ) County of \ ss - , being duly sworn, says, 26 MINING LAWS OF THE UNITED STATES that he served the within and foregoing forfeiture notice upon , the delinquent co-owner therein named, upon the day of , A. D , at said county of , by delivering to the said , a true copy of the said notice, and explaining the contents thereof, and that the said wholly failed to comply with the demand contained in said notice, or to pay or tender his proportion of said expenditures during the period of ninety days after said date, or at any time since hitherto. (To be sworn to before Notary Public). PUBLISHER'S PROOF OF FORFEITURE. State of I County of j ss - (Copy of above notice attached). , being duly sworn, saith, that he is the publisher of the , a weekly news- paper, published in said county, and that said is the newspaper published nearest to said Lode Claim, and that the above notice was published in said paiper fourteen successive weeks, the first publication appear- ing in the issue of , , and the last pub- lication in the issue of. . (To be sworn to before Notary Public). AFFIDAVIT OF NON-PAYMENT. State of ) County of \ ss ' , being duly sworn, saith, that , the person named in the forfeiture notice attached to the within proof of publication, wholly failed to comply with the demand contained in said notice or to pay or tender his proportion of said expenditures, during the period of said notice or within ninety days there- after, or at any time. (To be sworn to before Notary Public). The Calkins Company 348 North Main Street : Los Angeles, Cal. EVERYTHING FOR THE ASSAYER AND CHEMIST "Advance" Combination Crucible and Muffle Furnace No. 10 10 Melts and 18 Cupellations Simultaneously Balances, Chemist's Glassware, Crushers, Grinders, Furnaces, Crucibles, Hydrocarbon Burners, Acids, Chemicals. POTASSIUM CYANIDE and ZINC SHAVINGS ARIZONA MINING LAWS (See also U. S. Mining Laws.) Sees. 1772, 1773, 1774, 1775 and 1776 provides for summary sales of mining claims and interests therein belonging to es- tates by order of Probate Court. Sees. 2013, 2014, 2015, 2016 and 2017, provide for optional sales on mines by guardians, etc. Sec. 2746 provides that injunctions against working mines shall only be granted upon notice. 2904. All miners, laborers and others who may labor, and all persons who may furnish material of any kind designed or used in or upon any mine -or mining claim, and to whom any sum is due for such labor or material shall have a lien upon the same for such sums as are unpaid. 2 Ariz. 326; 4 Ariz. 200; 7 Ariz. 258; 7 Ariz. 399. '3231. (Section 1.) On the discovery of mineral in place on the public domain of the United States, the same may be lo- cated as a mining claim by the discoverer for himself, or for himself and others, or for others. Citizenship 5 Ariz. 152 ; 3 Ariz. 6 ; 6 Ariz. 323. Location by Agent 1 Ariz. 99. Local Laws of Miners' 1 Ariz. 99 ; 1 Ariz. 493. Possession 1 Ariz. 404 ; 3 Ariz. 6. 3232. (Sec. 2.) Such location shall be made by erecting at or contiguous to the point of discovery a conspicuous monu- ment of stones not less than three feet in height, or an upright post, securely fixed, projecting at least four feet above the ground, in which monument of stones or on which post there shall be posted a location notice, which shall h* signed by the name or names of the locator or locators. The location notice must contain : 1. The name of the claim located. 2. The name or names of the locators. 3. The date of the locations. 4. The length and width of the claim in feet, and the dis- tance in feet from the point of discovery to each end of the claim. 5. The genera] course of the claim. 6. The locality of the claim with reference to some natural object or permanent monument whereby the claim can be iden- tified. What Claim Includes 1 Ariz. 426; 4 Ariz. 34; 7 Ariz. 95. Location Notice and Amendment 2 Ariz. 272; 4 Ariz. 34; MINING LAWS OF ARIZONA 29 3 Ariz. 6 ; 6 Ariz. 79 ; 6 Ariz. 55 ; 6 Ariz. 623 ; 6 Ariz. 263 ; 7 Ariz. 95. Relocation 2 Ariz. 347 ; 2 Ariz. 326 ; 6 Ariz. 55. 3233. (Sec. 3.) Until each and all of the above specified things shall have been done, no right thereto shall have been acquired. 3234. (Sec. 4.) From the time of the location of a mining claim, as above specified, the locator shall be allowed ninety days within which to do or cause to be done the following things : 1. To cause to be recorded in the office of the county record- er of the county in which the claim is situated a copy of the lo- cation notice. 2. To sink a discovery shaft in the claim to a depth of at least eight feet from the lowest part of the rim of the shaft at the surface, and deeper, if necessary, until there is disclosed in said shaft mineral in place. 3. To monument the claim on the ground so that its bound- aries can be easily traced. Location W'ork 2 Ariz. 407. Recording Notice 1 Ariz. 493 ; 3 Ariz. 6 ; 6 Ariz. 55. 3235. (Sec. 5.) The failure to do all the things enumerated in this section in the time and place specified shall be con- strued into an abandonment of the claim, and all right and claim thereto of the discoverer and locator shall be forfeited. 3236. (Sec. 6.) Such surface boundary shall be marked by six substantial posts projecting at least four feet above the sur- face of the ground, or by substantial stone monuments at least three feet high, to-wit : One at each corner of said claim and one at the center of each end line thereof. 3237. (Sec. 7.) Any open cut, adit or tunnel which shall be made as above provided for, as a part of the location of a lode mining claim, and which shall be equal in amount of worlf to a shaft eight feet deep and four feet wide by six feet long, and which shall cut a lode or mineral in place at a depth of ten feet from the surface, shall be equivalent, as a discovery work, to a shaft sunk from the surface. 3238. (Sec. 8.) Location notices may be amended at any time and the monuments changed to correspond with the amended location ; PROVIDED, That no change shall be made that will interfere with the rights of others. 3239. (Sec. 9.) The amount of assessment or representa- tion work or improvements to be done or made during each year, after the completion of the location as heretofore provided, 30 MINING LAWS OF AKIZONA and the time for doing the same, shall be as provided by the laws of the United States. 2 Ariz. 407 ; 6 Ariz. 55 ; 6 Ariz. 623. 3240. (Sec. 10.) Within three months after the expiration of the period of time fixed for the performance of annual labor or the making of improvements upan any mining claim, the person on whose behalf such work or improvement was made, or some person for him knowing the facts, may make and record in the office of the county recorder of the county where- in such claim is situated, an affidavit, in substance as follows : Territory of Arizona, County of ss. , being duly sworn, deposes and says that he is a citizen of the United States and more than twenty-one years of age, resides at in County, Arizona Territory, and is personally acquainted with the mining claim known as mining claim, situated in mining district, Ari- zona Territory, the location notice of which is recorded in the office of the County Recorder of said county, in book of Records of Mines, at page That between the day of A. D , and the day of A. D , at least dollars' worth of work and improvements were done and performed upon said claim, not including the location work of said claim. Such work and improvements were made by and at the expense of , owners of said claim, for the purpose of complying with the laws of the United States pertaining to assessments of annual work, and (here name the miners or men who worked upon the claim in doing the work) were the men employed by said owner and who labored upon said claim, did said work and improvements, the same being as follows, to-wit: Here describe the work done.) Signature Subscribed and sworn to before me this. . . .day of A. D My commission as Notary Public expires on the day of A. D (Notarial Seal.) Notary Public. 3241. (Sec. 11.) Such affidavit, when so recorded, shall be prima facie evidence of the performance of such labor or the making of such improvements, and said original affidavit, after it has been recorded, or a certified copy thereof, or the record thereof, shall be received as evidence accordingly by the courts of this Territory. The location of an abandoned or forfeited MINING LAWS OF AKIZONA 31 claim shall be made in accordance with the provisions of para- graph 3232 (Sec. 2..), of Title 47, Chapter XLVII, of the Revised Statutes of Arizona, 1901, except that the relocator may, if he so elect, perform his location work by sinking the original location shaft ten feet deeper than it was originally, or in case the original location work consisted of a tunnel or open cut, he may perform his location work by extending said tun- nel or open cut by removing therefrom 240 cubic feet of rock or vein material. The above section is as amended March 12, 1907. Abandonment and Forfeiture 1 Ariz. 493; 6 Ariz. 55; 6 Ariz. 323 ; 6 Ariz. 103 ; 6 Ariz. 263. Relocation 2 Ariz. 347 ; 2 Ariz. 326 ; 6 Ariz. 55. 3242. (Sec. 12.) The locator of a placer mining claim shall locate his claim in the following manner: By posting a loca- tion notice thereon containing the name of the claim, the name of the locator or locators, the date of location and the number of acres claimed, a description of the claim with reference to some natural object or permanent monument that will identify the claim by marking the boundaries of his claim with a post or monument of stones at each angle of the claim located. When a post is used it must be at least four inches thick by four feet six inches in length, set one foot in the ground and sur- rounded by a mound of stone or earth. 3243. (Sec. 13.) Where it is practically impossible on ac- count of a bed rock or precipitous ground to sink such posts, they may be placed in a pile of stones. And if for any reason it is impossible to erect and maintain a post or monument of stone at any angle of such claim, a witness post or monument may be used, said witness monument to be placed as near the true corner as the nature of the ground will permit. When a mound of stone is used, it must be at least three feet in height and four feet in diameter at the base. 3244. (Sec. 14.) The locator of any placer claim shall, with- in sixty days after the date of location of such claim, have a copy of the location notice claim recorded in the office of the county recorder of the county in which said placer claim may be situated. Any record of the location of a placer mining claim which shall not contain all the requirements of this section shall be void. 3245. (Sec. 15.) Whenever a co-owner or co-owners shall give to a delinquent co-owner or co-owners the notice in writing or notice by publication provided for in section twenty-three hundred and twenty-four (2324) of the Revised Statues of the United States, an affidavit of the persons giving such notice, stating the time, place, manner of service, and by whom and 32 . MINING LAWS OF ARIZONA upon whom such service was made, shall be attached to a true copy of such notice, and such notice and affidavit must be re- corded in the office of the county recorder of the county in which the mining claim is situate within ninety (90) days after giving the notice ; or, if such notice is given by publication in a newspaper, there shall be attached to a printed copy of such notice an affiadavit of the editor, publisher or foreman of such paper, stating the date of the first, last and each insertion of such notice therein, and when and where the newspaper was published during that time and the name of such newspaper. Such affidavit and notice shall be recorded as aforesaid within one hundred and eighty days after the first publication thereof. 194 U. S. 248; 150 U. S. 585. 3246. (Sec. 16.) The original of such notice and affidavits. or the records thereof, shall be evidence that the delinquent mentioned in Section 2324 has failed or refused to contribute his proportion of the expenditure required by that section, and of the services of publication of said notice; Provided, The writing affidavit hereinafter provided for is not of record. 3247. (Sec. 17.) If such delinquent shall, within the ninety days required by Section 2324 aforesaid, contribute to his co- owner or co-owners his proportion of such expenditures, such co-owners shall sign and deliver to the delinquent, or delin- quents a writing, stating that the delinquent or delinquents, by name, has, within the time required by Section 2324 of the Revised Statutes of the United States, contributed his share for the year upon the mine, and further stating therein the districts, county and territory wherein the same is situate, and the book and page where the location notice is re- corded. Such writing shall be recorded in the office of the county recorder of said county. 3248. (Sec. 18.) If such co-owner or co-owners shall fail to sign and deliver such writing to the delinquent or delinquents within twenty days after such contribution, the co-owner or co- owners, so failing as aforesaid, shall be liable to a penalty of one hundred dollars, to be recovered by any person for the use of the delinquent or delinquents in any court of competent jur- isdiction. If such co-owner or co-owners fail to deliver such writing within said twenty Hays, then the delinqeunt, with two disinterested persons having personal knowledge of such con- tribution, may make an affidavit, setting forth in what manner, the amount of, to whom and upon what mine such contribution was made. Such affidavit or a record thereof, in the office of the county recorder of the county in which said mine is situate, shall be prima facie evidence of such contribution. MINING LAWS OF ARIZONA 33 3249. (Sec. 19.) In all actions, judgments, grants or con- veyances it shall be a sufficient description of a mining claim if it can be intelligently learned therefrom the name of the claim, the district, county and territory where it is situate, and the book and page where the location notice thereof is recorded. Sales 6 Ariz. 103 ; 7 Ariz. 258. Leases 7 Ariz. 399. 3250. (Sec. 20.) The county recorders of the several coun- ties are authorized and required to procure suitable books in which the records of all mines and mineral deposits shall be kept, which said books shall be paid for out of the county treas- ury. 3251. (Sec. 21.) Nothing in this act shall be so construed as to effect the claims to mines and mineral deposits heretofore located and duly recorded. Sees. 3252, 3253, 3254, 3255, 3256 and 3257 provide for joint drainage of adjoining mines by different owners. * 3258. (Sec. 28.) The regents of the University of Arizona shall charge for assaying ores taken from deposits and mines within the territory of Arizona no higher rate than one dollar for each assay producing gold and silver, and two dollars for .assays producing gold, silver and copper, and two dollars and fifty cents for assaying ores showing more than three metals; and the maximum rate for an assay shall be two dollars and fifty cents and the minimum rate for an assay shall be one dollar. 3259. (Sec. 29.) There shall be a uniform fee of one dol- lar charged by each county recorder in the territory of Ariz- ona for recording each notice of location of a mining claim, including: certificate of work done to comply with the law re- garding locations, the said one dollar to be in full for filing, recording and indexing said notice and certificate and certify- ing to the same under seal. For laws concerning uniform system of bell signals in mines, see page 118, 1907 Session Laws of Arizona. Too long for this "book. AN ACT VALIDATING MINING LOCATIONS. Section 1. That no relocation of an abandoned Mining Claim made prior to the 12th day of March, 1907, shall be held to be invalid upon the ground that the notice of relocation did not state that said claim was in part or in whole an abandoned mining claim. Section 2. This Act shall take effect and be in force from .and after its passage. Approved March 18, 1909. 34 MINING LAWS OF AKIZONA ARIZONA FORM OF LOCATION NOTICE. NOTICE OF MINING LOCATION Lode Claim To All Whom It May Concern : This minirfg claim, the name of which is the mining claim, situate on lands belonging to the United States of Amer- ica, and in which there are valuable mineral deposits, was en- tered upon and located for the purposes of exploration and purchase by ( Locator must insert either ' ' a citizen of the United States," or, "who has declared his inten- tion to become a citizen of the United States.") the under- signed, on the day of 190 . . The length of this claim is feet, and claim feet, in a direction and feet in a direction from the center of the discovery shaft, at which this notice is posted, lengthwise of the claim, together with feet in width of the surface grounds, on each side of the center of said claim. The general course of the lode deposit and premises is from the to the The claim is situated and located in the mining district, in County, in the Territory of Arizona, about in a direction from The surface boundaries of the claim are marked upon the ground as follows: Beginning at at a point in a direction feet from th ediscovery shaft (at which this notice is posted,) being in the center of the end line of said claim ; thence feet to a , being the corner of said claim ; thence feet to a being at the . . corner of said claim ; thence feet to n at the center of the end of said claim ; thence feet to a , being at the corner of said claim; thence feet to a at the corner of said claim ; thence feet to the place of beginning. All done under the provisions of Chapter Six, of Title XXXII, of the Revised Statutes of the United States, and of an act of the general assembly of Arizona, entitled "An act to Re- vise and Codify the Laws of the Territory of Arizona," ap- proved March 16, 1901. Dated and posted on the ground this day of 190.. Witir MINING LAWS OF ARIZONA o c l-g II O c Oo End Monument O I? 300 ft. O 300 ft. c o; v S s ~ M, e r 1 * o S li End Monument This diagram is to give locator a general idea of plan of location under the new law. The Discovery Shaft can be in the center of claim or any distance from either end desired. In the diagram it is placed 500 feet from one end and 1000 feet from the other. Commence description of claim at a center end monument, giving its distance and direction from center of Discovery Shaft; thence bound the claim in either direction. In description be careful to state locality of claim with refer- ence to some natural object, or permanent monument, as will identifv the claim. 36 MINING LAWS OF ARIZONA ARIZONA. AFFIDAVIT OF LABOR PERFORMED AND IMPROVE- MENTS MADE. Territory of Arizona, County of ss. , being duly sworn, deposes and says that he is a citizen of the United States and more than twenty-one years of age, and resides at in County, Arizona Territory, and is personally acquainted with the mining claim known as mining claim, situate in Mining District, County of , Arizona Territory, the location notice of which is recorded in the office of the County Recorder of said County, in Book of records of Mines, at page ; that between the day of A. D. 190. ., and the day of A. D. 190. ., at least dollars' worth of work and improvements were done and performed upon said claim, not including the location work of said claim. Such work and improvements were made by and at the expense of owner, .of said claim, for the purpose of complying with the law of the United States pertaining to assessment of annual work, and were the men employed by said owner, .and who labored upon said claim, did said work and improvements, the same being as follows, to-wit : Subscribed and sworn to before me this day of .A. D. 190.. Notary Public. (My commission expires ) MINING LAWS OF ARIZONA AFFIDAVIT OF LABOR PERFORMED AND IMPROVE- MENTS MADE ON GROUP OF CLAIMS. Territory of Arizona, County of ss. , being duly sworn deposes and says that he is a citizen of the United States and more than twenty-one years of age, and resides at in County, Arizona Territory, and is personally acquainted with those certain mining claims and premises located and known as the mining claim or lode, and the mining claim or lode, both situated in the Vulture Mining District, County of Maricopa and Territory of Arizona, and notices of location of which mining claims and premises are recorded in the office of the County Recorder of said County of Maricopa, as follows. to-wit : The location notice of said mining claim in Book , page , of Records of Mines, and the location notice of said mining claim in Book of Records of Mines at page That between the day of A. D. 190. . . ., and the day of A. D. 190 , at least two hundred (200) dollars worth of work and improvements were done and performed upon said mining claims, not including the loca- tion work of either of said or mining claims, which said two hundred (200) dollars worth of work was performed and done for the purpose of develop- ing both of said mining claims and to develop each of said mining claims, as both of said mining claims adjoin each other and are extensions of each other and the two said imning claims constitute one group; and the tendency of said work was to developed each and all of said mining claims; That said work and improvements were made by and at the expense of - , one of the owners of said premises and mining claims for the purpose of complying with the laws of the United States and of the Territory of Arizona, pertaining to assessment or annual work, and were the men employed by the said owner and who labored upon said mining claims and premises and who did said work and improvements, and said work so done upon said premises is described as follows, to-wit : 38 MINING LAWS OF ARIZONA Subscribed and sworn to before me this day of , A. D. 1904. My commission expires Notary Public in and for the County of , Territory of Arizona. ARIZONA NOTICE OF LOCATION OF PLACER CLAIM. For this form use the same given under Calif orniaLaws. Main T*LHT /^D/^^lTD Home 8945 1 niL OKX/VsJ&IV 10421 We make a specialty of Sup- plies for Miners, Prospectors and Campers. A separate department main- tained for such supplies, and your convenience. We solicit your business and shall be glad to quote you prices. Our Fall Retail Catalogue just issued. Full of suggestions. CORRESPONDENCE INVITED " Wholesale Wept." J. R. Newberry Co. 612-614 South Broadway LOS ANGELES : : CALIFORNIA CALIFORNIA MINING LAWS (See also U. S. Mining Laws.) CIVIL CODE. Sec. 586. (Civil Code.) Any corporation organized in this State for the purpose of mining or carrying on mining operations in or without this state, may establish and maintain agencies in other sta.tes of the United States, for the transfer and issuing of their stock ; and a transfer or issue of the same at any such transfer agency, in accordance with the provisions of its by- laws, is valid and binding as fully and effectually for all pur- poses as if made upon the books of such corporation at its prin- cipal office within this state. The agencies must be governed by the by-laws and the directors of the corporation. 142 Cal. 391 ; 127 Cal. 605 ; 92 Cal. 503. Sec. 587. (Civil Code.) All stock of any such corporation, is- sued at a transfer agency, must be signed by the president and secretary of the corporation, and countersigned at the time of its issue by the agent having charge of the transfer agency. No stock must be issued at a transfer agency unless the certificate of stock, in lieu of which the- same is issued, is at the time sur- rendered for cancellation. Sec. 587a. (Civil Code.) It is lawful for two or more corpora- tions formed or that may hereafter be formed, under the laws of this state, for mining purposes, which own or possess mining claims or lands adjoining each other, or lying in the same vi- cinity, to consolidate their capital stock, debts, property, as- sets, and franchises, in such manner and upon such terms as may be agreed upon by the respective boards of directors or trustees of such corporations so desiring to consolidate their interests; but no such consolidation must take place without the written consent of the stockholders representing two-thirds of the capital stock of each corporation, and no such consolida- tion can, in any way, relieve such corporations, or the stock- holders thereof, from any and all just liabilities ; and in case of such consolidation, due notice of the same must be given, by ad- vertising, for one month, in at least one newspaper in the county where the said mining property is situated, if there is one published therein, and also in one newspaper published in the county where the principal place of business of any of said corporation is. And when the consolidation is completed, a cer- tificate thereof, containing the manner and terms of such con- solidation, must be filed in the office of the county clerk of the county in which the original certificate of incorporation of each of said corporations is filed, and a copy thereof must be filed MINING LAWS OF CALIFORNIA 41 in the office of the secretary of state; such certificate must be signed by a majority of each board of trustees or directors of the original corporations, and it is their duty to call, within thirty days after the filing of such certificate, a meeting of the stockholders of all of said corporations so consolidated, to elect a board of trustees or directors for the consolidated corpora- tion, for the year thence next ensuing; and to cause notice of the time and place fixed for such meeting to be mailed to each stockholder of each of such corporations at his last known place of residence or business at least ten days before the time fixed for such meeting. The said certificate must also contain all the requirements prescribed by section two hundred and ninety. 81 Cal. 378 ; 104 U. S. 450. Sec. 588. (Civil Code.) It is the duty of the secretary of every corporation formed for the purpose of mining, or conducting mining in California, whether such. corporation be formed and organized under the laws of the State of California or of any other state, territory, or foreign country, to keep at some place within the State of California an office and in such office to keep a complete set of books showing all receipts and expenditures, of such corporation, the sources of such receipts, and the objects of such expenditures, and also all transfers of stock. All books and papers must, at all times during business hours, be open to the inspection of any stockholder. He is entitled to be accompanied by an ex- pert, and to make copies or extracts from any such books or papers. He may, at reasonable hours, examine such mining property, accompanied by an expert, take samples, and make such other examination as he may deem necessary. It is the duty of the directors, on the second Monday of each and every month, to cause to be made an itemized account or balance sheet for the previous month, embracing a full and complete state- ment of all disbursements and receipts, showing from what sources such receipts were derived, and to whom and for what object or purpose such disbursements or payments were made; also all indebtedness or liabilities incurred or existing at the time, and for what the same were incurred, and the balance of money, if any, on hand. Such account or balance sheet must be verified under oath by the president and secretary, and posted in some conspicuous place in the office of the com- pany. It is the duty of the superintendent, on the first Monday of each month, to file with the secretary an itemized account, verified under oath, showing all receipts and disbursements made by him for the previous month, and for what said dis- bursements were made. Such account must also contain a veri- fied statement showing the number of men employed under him, and for what purpose, and the rate of wages paid to each. He 42 MINING LAWS OF CALIFORNIA must attach to such account a full and complete report, under oath, of the work done in said mine, the amount of ore ex- tracted, from what part of mine taken, the amount sent to mill for reduction, its assay value, the amount of bullion received, the amount of bullion shipped to the office of the company or elsewhere, and the amount, if any, retained by the superin- tendent. It is his duty to forward to the office of the company a full report, under oath, of all discoveries of ores or mineral- bearing quartz made in said mine, whether by boring, drifting, sinking or, otherwise, together with the assay value thereof. All accounts, reports and correspondence from the superintend- ent must be kept in some conspicuous place in the office of said company, open to the inspection of all stockholders. 92 Cal. 580; 92 Cal. 503; 119 Cal. 358; 81 Cal. 231; 51 Fed. 61. Sec. 589. (Civil Code.) Any stockholder of a corporation formed under the laws of this state for the purpose of mining, is entitled to visit, accompanied by his expert, and examine the mine or mines owned by such corporation, and every part thereof, at any time he may see fit ; and when such stockholder applies to the president of such corporation, he must immedi- ately cause the secretary thereof to issue and deliver to such ap- plicant an order, under the seal of the corporation, directed to the superintendent, commanding him to show and exhibit such parts of said mine or mines as the party named in said order may desire to visit and examine. It is the duty of the superin- tendent, on receiving such order, to furnish such stockholder every facility for making a full and complete inspection of said mine or mines, and the workings therein, and to accompany said stockholder either in person, or to furnish some person familiar with said mine or mines to accompany him in his visit to and throug'h such mine or mines, and every part thereof. If the superintendent fails to obey such order, such stockholder is entitled to recover, in any court of competent jurisdiction, against the corporation, the sum of one thousand dollars, and traveling expenses to and from the mine, as liquidated damages, together with costs of suit. In case of such refusal, it is the duty of the directors of the corporation forthwith to remove the officer so refusing, and thereafter he must not be employed directly or indirectly by the corporation, nor must any salary be paid to him. Sec. 590. (Civil Code.) In case of the refusal or neglect of the president to cause to be issued by the secretary the order men- tioned in section five hundred and oighty-nine, such stockholder is entitled to recover airainst said president the sum of one thousand dollars and costs, as provided in the last section. If the directors fail to have the reports and accounts current made and posted, as provided in section five hundred and MINING LAWS OF CALIFORNIA 43 eighty-eight, they are liable, either severally or jointly, to an action by any stockholder complaining thereof, and on proof of such refusal or failure, he may recover judgment for actual damages sustained by him, with costs of suit. Each of such de- faulting directors is also liable to removal for such neglect. 72 Cal. 305; 89 Cal. 52; 119 Cal. 358; 135 Cal. 375; 92 Cal. 580. Sec. 661. (Civil Code.) Fixtures attached to mines. Sluice- boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills and all other machinery or tools used in working or developing a mine, are to be deemed affixed to the mine. (En. March 21, 1872.) 76 Cal. 578; 118 Cal. 635; 118 Cal. 148; 14 Cal. 59; 24 Pac. 920. Sec. 819. (Civil Code.) A tenant for years or at will, unless he is a wrong-doer by holding over, may occupy the buildings, take the annual product of the soil, work mines and quarries open at the commencement of his tenancy. 101 Cal. 425, 115 Cal. 622. Sec. 1159. (Civil Code.) Judgments may be recorded with- out acknowledgement. Judgments affecting the title to or pos- session of real property authenticated by the certificate of the clerk of the court in which such judgments were rendered (and notices of location of mining claims), may be recorded without acknowledgement, certificate of acknowledgement or further proof. The record of all notices of location of mining claims heretofore made in the proper office without acknowledgement, or certificate of acknowledgement, or other proof shall have the same force and effect for all purposes as if the same had been duly acknowledged, or proved and certified as required by law. Affidavits showing work or posting of notices upon mining claims may also be recorded in the recorder's office of the coun- ty where such mining claims are situated. (En. March 21, 1872. Am'd. 1897, 97.) 129 Cal. 361; 83 Cal. 187. Sec. 1424. (Civil Code.) Where hydraulic mining can be carried on. The business of hydraulic mining may be carried on within the State of California wherever and whenever the same can be carried on without materiol injury to the naviga- ble streams, or the lands adjacent thereto. ( En. Stats. 1893, 337.) 81 Fed. 243 ; 88 Fed. 664 ; 79 Cal. 289 ; 66 Cal. 138. Sec. 1425. (Civil Code.) Meaning of hydraulic mining. Hydraulic mining within the meaning of this title, is mining by means of the application of water, under pressure, through a 44 MINING LAWS OF CALIFOENIA nozzle, against a natural bank. (En. Stats. 1893. 337.) Ill Cal. 571; 121 Cal. 662; 137 Cal. 432 ; , 132 Cal. 297; 124 Cal. 186. MINING ACT OF 1909. Title X, Part IV, Division II (New). (In effect from and after July 1, 1909. Stats. 1909, Chap. 225.) MINING CLAIMS. Mining claims; how located. Boundaries. Kecordation. Placer claims ; how located. Recordation. Tunnel rights; how located. Boundaries. Recordation. Defective location ; how remedied. When survey and certificate part of record. Mill site; location of. Recordation. Improvements. Value of improvements; how established. Recordation fee. Notice of delinquency; how given. Record of location as evidence. Certified copies of records as evidence. Construction. Disqualification for failure to perform develop- Sec. 1426. Sec. 1426a. Sec. 1426b. Sec. 1426c. Sec. 1426d. Sec. 1426e. Sec. 1426f. Sec. 1426g. Sec. 1426h. Sec. 1426i. Sec. 1426J. Sec. 1426k. Sec. 14261. Sec. 1426m. Sec. 1426n. Sec. 1426o. Sec. 1426p. Sec. 1426q. Sec. 1426r. Sec. 1426s. ment work. Sec. 1426. (Mining claims; how located.) Any person, a citi/on of the United States, or who has declared his intention to become such, who discovers a vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposit, may locate a claim upon such vein or lode, by defining the boundaries of the claim, in the manner hei-em;i Her described, and by posting a notice of such location, at the point of discovery, which notice must contain: First The name of the lode or claim. Second The name of the lo- cator or locators. Third The number of linear feet claimed in length along the course of the vein, each way from the point of discovery, with the width on each side of the center of the c];iim. and the general course of the vein or lode, as near as may be. Fourth The date of location. Fifth Such a descrip- tion of the claim by reference to some natural object, or per- manent monument, as will identify the claim located. 142fia. (Boundaries.) The locator must define the boundaries of his claim s, that they may be readily traced, and MINING LAWS OF CALIFORNIA 45 in no case shall the claim extend more than fifteen hundred feet along the course of the vein or lode, nor more than three hundred feet on either side thereof, measured from the center line of the -vein at the surface. Sec. 1426b. (Recordation of.) Within thirty days after the posting of his notice of location upon a lode mining claim, the locator shall record a true copy thereof in the office of tht county recorder of the county in which such claim is situated, for which service the county recorder shall receive a fee of one dollar. Sec. 1426c. (Placer claims; how located.) The location of a placer claim shall be made in the following manner: By post- ing thereon, upon a tree, rock in place, stone, post or monu- ment, a notice of location, containing the name of the claim, name of locator or locators, date of location, number of feet or acreage claimed, such a description of the claim by refer- ence to some natural object or permanent monument as will identify the claim located, and by marking the boundaries so that they may be readily traced; provided, that where the United States survey has been extended over the land em- braced in the location, the claim may be taken by legal sub- divisions and no other reference than those of said survey shall be required and the boundaries of a claim so located and described need not be staked or monumented. The de- scription by legal subdivisions shall be deemed the equivalent of marking. Sec. 1426d. (Recordation of.) Within thirty days after the posting of the notice of location of a placer claim, the locator shall record a true copy thereof in the office of the county recorder of the county in which such claim is situated, for which service the recorder shall receive a fee of one dollar. Sec. 1426e. (Tunnel right; how located.) The locator of a tunnel right or location, shall locate his tunnel right or loca- tion by posting a notice of location at the face or point of commencement of the tunnel, w r hich must contain : First The name of the locator or locators. Second The date of the location. Third The proposed course or direction of the tunnel. Fourth a description of the tunnel, with reference to some natural object or permanent monument as shall identify the claim or tunnel right. Sec. 14261 (Boundaries.) The boundary lines of the tunnel shall be established by stakes or monuments placed along the lines at an interval of not more than six hundred feet from the face or point of commencement of the tunnel to the ter- minus of three thousand feet therefrom. Sec. 1426g. (Recordation of.) Within thirty days after the posting the notice of location of the tunnel right or location, the locator shall record a true copy thereof in the office of the 46 MINING LAWS OF CALIFOBNIA county recorder of the county in which such claim is situated, for which service the recorder shall receive a fee of one dollar. Sec. 1426h. (Defective location; how remedied.) If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that his original loca- tion notice was defective, erroneous, or that the requirements of the law had not been complied with before filing; or in case the original notice was made prior to the passage of this act, and he shall be desirous of securing the benefit of this act, such locator, or his assigns, may file an additional notice, subject to the provisions of this act; provided, that such amended location notice does not interfere with the existing rights of others at the time of posting and filing such amended location notice, and no such amended location notice or the record thereof, shall preclude the claimant, or claimants, from proving any such title as he or they may have held under pre- vious locations. Sec. 1426i. (When survey and certificate part of record.) Where a locator, or his assigns, has the boundaries and corners of his claim established by a United States deputy mineral survey, or a licensed surveyor of this state, and his claim con- nected with the corner of the public or minor surveys of an established initial point, and incorporates into the record of the claim, the field notes of such survey, and attaches to and files with such location notice a certificate of the surveyor, setting forth : First, that said survey was actually made by him. giving the date thereof. Second, the name of the claim surveyed and the location thereof. Third, that the description incorporated in the declaratory statement is sufficient to iden- tify : such survey and certificate becomes a part of the record, and such record is prima facie evidence of the facts therein contained. Sec. 1426J. (Mill site; how located.) The proprietor of a vein or lode claim or mine, or the owner of a quartz mill or re- duction works, or any person qualified by the laws of the Tinted States, may locate not more than five acres of non- mineral land ;is a mill site. Such location shall be made in the same manner as hereinbefore required for locating placer claim*, See. 1426k. (Recordation.) The locator of a mill site claim 01- location shall, within thirty days from the date of his loca- tion, record a true copy of his location notice with the county recorder of tin- county in which such location is situated, for which service the recorder shall receive a fee of one dollar. Sec. 14261. (Improvements, i The amount of work done or improvements made during each year to hold possession of a mining claim shall be that prescribed by the laws of the United States, to-wit : One hundred dollars annually. MIXING LAWS OF CALIFORNIA 47 ic. 1426m. (Value of improvements; how established.) jnever mine owner, company or corporation shall have per- led tin 1 hilmr and made the improvements required by law i an}' mining claim, the person in whose behalf such labor performed or improvements made, or someone in his behalf, I. within thirty d;iys after the time limited for performing labor or making such improvements, make and have re- ed by the county recorder, in books kept for that purpose, ie county in which such mining claim is situated, an affi- t setting forth the value of labor or improvements made, aame of the claim, and the name of the owner or claimant aid claim at whose expense the same was made or per- ied. Such affidavit, or a copy thereof, duly certified by the t\ recorder, shall be prima facie evidence of the perform- of such labor or the making of such improvements, or c. 1426n. (Recordation fee.) For recording the affidavit in required, the county recorder shall receive a fee of fifty 3. c. 1426o. (Notice of delinquency; how given.) When- a co-owner or co-owners of a mining claim shall give to linquent co-owner or co-owners the notice in writing or je by publication provided for in section 2324, Revised utes of the United States, an affidavit of the person ig such notice, stating the time, place, manner of service, by whom and upon whom such service was made, shall be ;hed to a true copy of such notice, and such notice and avit must be recorded in the office of the county recorder, ooks kept for that purpose, in the county in which the a is situated, within ninety days after the giving of such ;e; for the recording of which said recorder shall receive ;ame fees as are now allow r ed by law for recording deeds ; such notice is given by publication in a newspaper, there be attached to a printed copy of such notice an affidavit ie printer or his foreman, or principal clerk of such paper, ng the date of the first, last and each insertion of such e. therein, and where the newspaper was published during time, and the name of such newspaper. Such affidavit notice shall be recorded as aforesaid, within one hundred eighty days after the first publication thereof. The orig- of such notice and affidavit, or a duly certified copy of ecord thereof, shall be prima facie evidence that the de- lent mentioned in section 2324 has failed or refused to [ibute his proportion of the expenditure required by that on, and of the service of publication of said notice ; pro- I, the writing or affidavit hereinafter provided for is not icord. If such delinquent shall, within the ninety days ired by section 2324, aforesaid, contribute to his co-owner 48 MINING LAWS OF CALIFORNIA or co-owners, his proportion of such expenditures, and also all costs of service of the notice required by this section, whether incurred for publication charges, or otherwise, such co-owner or co-owners shall sign and deliver to the delinquent or delinquents a writing, stating that the delinquent or delin- quents by name has within the time required by section 2324, aforesaid, contributed his share for the year , upon the mine, and further stating therein the district, county and state wherein the same is situated, and the book and page where the location notice is recorded, if said mine was located under the provisions of this act; such writing shall be recorded in the office of the county recorder of said county, for which he shall receive the same fees as are now allowed by law for recording deeds. If such co-owner or co- owners shall fail to sign and deliver such writing to the delin- quent or delinquents within twenty days after such contribu- tion, the co-owner or co-owners so failing as aforesaid shall be liable to the penalty of one hundred dollars to be recovered by any person for the use of the delinquent or delinquents in any court of competent jurisdiction. If such co-owner or co- owners fail to deliver such writing within said twenty days, the delinquent, with two disinterested persons having personal knowledge of such contribution, may make affidavit setting forth in what manner, the amount of, to whom, and upon what mine, such contribution was made. Such affidavit, or a record thereof, in the office of the county recorder, of the county in which such mine is situated, shall be prima facie evidence of such contribution. Sec. 1426p. (Record of location as evidence.) The record of any location of a mining claim, mill site or tunnel right, in the office of the county recorder, as herein provided shall be received in evidence, and have the same force and effect in the courts of the state as the original notice. Sec. 1426q. (Certified copies of records as evidence.) Copies of the records of all instruments required to be recorded by the provisions of this act, duly certified by the recorder, in whose custody such records are, may be read in evidence, under the same circumstances and rules as are now, or may be here- after provided by law, for using copies of instruments relating to real estate, duly executed or acknowledged or proved and recorded 1426r. (Construction existing; mining districts and iviru- lations not affected.) The provisions of this act shall not in ;my niimnrr he construed as affecting or abolishing any inin- in_r .list riot or the rules and regulations thereof within the State of c.-ilifornia. Sec. 1426s. (Disqualification for failure to perform develop- ment work.) The failure or neglect of any locator of a mining MINING LAWS OF CALIFORNIA 49 claim to perform development work of the character, in the manner and within ilu> lime required by the laws of the United States, shall disqualify such locators from relocating the ground embraced in the original location or mining claim or any part thereof under the mining laws, within three years after the chile of his oriii'inal location and any attempted relocation thereof by any of the original locators shall render such loca- tion void. Sec. 2. All acts and parts of acts in conflict with this act, are hereby repealed. Civ. Code, 1909. Sec. 2511. When a mining partnership exists. A mining partnership exists when two or more persons who own or acquire a mining claim for the purpose of working it and ex- tracting the mineral therefrom actually engage in working the same. (En. March 21, 1872.) 107 Cal. 504; 128 Gal. 120; 121 Gal. 213; 127 Cal. 520; 89 Cal. 367 ; 112 Cal. 380. Sec. 2512. (Civil Code.) Express agreement not necessary to constitute. An express agreement to become partners or to share the profits and losses of mining is not necessary to the formation or existence of a mining partnership. The relation arises from the ownership of shares or interests in the mine and working the same for the purpose of extracting the minerals therefrom. (En. March 21, 1872.) 127 Cal. 520; 42 Cal. 367; 107 Cal. 504. Sec. 2513. (Civil Code.) Profits and losses, how shared. A member of a mining partnership shares in the profits and losses thereof in the proportion which the interest or share he owns in the mine bears to the whole partnership capital or whole number of shares. (En. March 21, 1872.) 89 Cal. 367. Sec. 2514. (Civil Code.) Lien of partners. Each member of a mining partnership has a lien on the partnership property for the debts due the creditors thereof, and for money advanced by him for its use. This lien exists notwithstanding there is an agreement among the partners that it must not. (En. March 21, 1872.) 144 Cal. 771 ; 89 Cal. 367 ; 66 Cal. 577. Sec. 2515. (Civil Code.) Mine-Partnership property. The mining ground owned and worked by partners in mining, whether purchased with partnership funds or not, is partner- ship property. (En. March 21, 1872.) 24 Cal. 569; 28 Cal. 569. Sec. 2516. Partnership not dissolved by sale of interest. One of the partners in a mining partnership may convey his 50 MINING LAWS OF CALIFORNIA interest in the mine and business without dissolving the part- nership. The purchaser from the date of his purchase, becomes a member of the partnership. (En. March 21, 1872.) 112 Cal. 380; 42 Cal. 367; 19 Cal. 120. Sec. 2517. (Civil Code.) Purchaser takes, subject to liens, unless, etc. A purchaser in an interest in the mining ground of a mining partnership takes it subject to the liens existing in favor of the partners for debts due all creditors thereof, or advances made for the benefit of the partnership, unless he purchased in good faith, for a valuable consideration, without notice of such lien. (En. March 21, 1872.) Sec. 2518. (Civil Code.) Takes with notice of lien, when. A purchaser of the interest of a partner in a mine when the partnership is engaged in working it, takes with notice of all liens resulting from the relation of the partners to each other and to the creditors of the partnership. (En. March 21, 1872.) 42 Cal. 180 ; 42 Cal. 636. Sec. 2519. (Civil Code.) Contract in writing, when binding. No member of a mining partnership or other agent or manager thereof can, by a contract in writing, bind the partnership, except by express authority derived from the members thereof. (En. March 21, 1872.) 42 Cal. 367 ; 42 Cal. 180 ; 23 Cal. 198. Sec. 2520. (Civil Code.) Owners of majority of shares govern. The decision of the members owning a majority of the shares or interests in a mining partnership binds it in the con- duct of its business. (En. March 21, 1872.) 89 Cal. 367 ; 42 Cal. 180. Sec. 2955. This section provides that mining machinery may be chattel mortgaged. CODE OF CIVIL PROCEDURE. Sec. 690. (Code of Civil Proc.) Exemption from Executions. 5. The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars; also his sluices, pipes, hose, windlass, derrick, cars, pumps, tools, implements, and appli- ances necessary for carrying on any mining operations, not exceeding in value the aggregate sum of five hundred dollars; and two horses, mules, or oxen with their harness, and food for such horses, mules or oxen for one month, when necessary to be used on any whim, windlass, derrick, car pump, or hoist- ing gear; and also his mining claim, actually worked by him, not exceeding in value the sum of one thousand dollars. Sec. 738. Code of Civil Proc., provides for an action to quiet title, with right of trial by jury. Under this section an action MINING LAWS OF CALIFORNIA 51 may be brought to quiet title to mining property by any person in possession. See. 742. (Code of Civil Proc.) An order may be made to allow a party to survey and measure the land in dispute. The court in which an action is pending for the recovery of real property, or for damages for an injury thereto, or a judge thereof, may, on motion, upon notice by either party, for good cause shown, grant an order allowing to such party the right to enter upon the property and make survey and measurement thereof, and of any tunnels, shafts, or drifts therein, for the purpose of the action, even though entry for such purpose has to be made through other lands, belonging to parties to the action. En. March 11, 1872. Am'd 1880, 11. Sec. 743. (Code of Civil Proc.) Order, what to contain, and how served. If unnecessary injury done, the party survey- ing to be liable therefor. The order must describe the property, and a copy thereof must be served on the owner or occupant ; and thereupon such party may enter upon the property, with necessary surveyors and assistants, and make such survey and measurement; but if any unnecessary injury be done to the property, he is liable therefor. En. March 11, 1872. Sec. 748. (Code of Civil Proc.) Mining claims, actions con- cerning to be governed by local rules. In actions respecting mining claims, proofs must be admitted of the customs, usages or regulations established and in force at the bar or diggings embracing such claim; and such customs, usages or regula- tions, when not in conflict with the laws of this state, must govern the decision of the action. (En. March 11, 1872.) 69 Cal. 383 ; 31 Cal. 393. Sec. 1183. '(Code of Civil Proc.) This section provides that: Mechanics, materialmen, contractors, subcontractors, artisans, architects, machinists, builders, miners, and all per- sons and laborers of every class performing labor upon or furnishing materials to be used in the construction, alteration, addition to, or repair, either in whole or in part, of any build- ing, wharf, ditch, bridge, flume, aqueduct, well, tunnel, fence, machinery, railroad, wagon road or other structure, shall have a lien upon the property upon which they have bestowed labor or furnished materials, for the value of such labor done and materials furnished, whether at the instance of the owner, or of any other person acting by his authority or under him, as con- tractor or otherwise; and any person who performs labor in any mining claim or claims, or in or upon any real property worked as a mine, either in the development thereof or in working thereon by the subtractive process, has a lien upon the same, and the works owned and used by the owners for 52 MIXING LAWS OF CALIFORNIA reducing the ores from such mining claim or claims, or real property so worked as a mine, for the work or labor done or materials furnished by each respectively, whether done or furnished at the instance of the owner of such mining claim or claims or real property worked as a mine or of the building, or other improvement of his agent; and every contractor, sub- contractor, architect, builder or other person having charge of any mining, or work and labor performed in and about such mining claim or claims, or real property worked as a mine, or the construction, alteration, addition to or repair, either in whole or in part of any building or other improve- ment as aforesaid, or of such mining claim or claims, either as lessee or under a working bond or contract thereon, with the privilege of purchase, or otherwise, shall be held to be the agent of the owner for the purposes of this chapter. Reference is here made to said Section for terms of contract, etc. Sec. 1187. (Code of Civil Proc.) Provides that such liens shall be filed in the recorder's office; for the provisions of such section reference is here made to the same and to succeeding sections for procedure to enforce mechanics liens. Sees. 1204 to 1207, inclusive. (Code of Civil Proc.) Provide, in cases of assignment of mining companies, for liens on mining claims and procedure to collect same. EMINENT DOMAIN. Sec. 1238. (Code of Civil Proc.) Purposes for which it may be exercised. Subject to the provisions of this title, the right of eminent domain may be exercised in behalf of the following public uses. 5. Roads, tunnels, ditches, flumes, pipes and dumping places for working mines; also outlets, natural or otherwise, for the flow, deposit or conduct of tailings or refuse matter from mines; also an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit, or conduct of tailings or refuse matter from their several mines. 6. By-roads leading from highways to residences, farms, mines, mills, factories and buildings for operating machinery, or necessary to reach any property used for public purposes. 12. Canals, reservoirs, dams, ditches, flumes, aqueducts, a and outlets, natural or otherwise, from sources other than a navi-aldc hike, for supplying, storing and dischar-ini: \\ati-r for or in connection with the operation of machinery for tho purposes <.t' 'jvnrrat ing and transmit! inir electricity for Ml.\L\\; LAW* OF CALIFORNIA 53 the supply of mines, quarries, railroads, tramways, mills and factories with electric power; and also for the supplying of electricity to light or heat mines, quarries, mills, factories, incorporated cities and counties, vil hires or towns; and also for furnishing electricity for lighting, heating or power pur- poses to individuals or corporations, together with lands, build- ings and all other improvements in or upon which to erect, install, place, use or operate machinery for the purpose of generating and transmitting electricity for any of the purposes or uses above set forth. 108 Cal. 90; 73 Cal. 485; 63 Cal. 73. Sec. 1580. (New in 1909.) This section went into effect May 19th, 1909, and gives the proceedings necessary to be taken by an executor, administrator or guardian of a minor or incompetent person fgr the sale of mining claims belonging to an estate, a minor or an incompetent person. This section is too long to insert here, but may be found in the California Session Laws of 1909, or in the Code of Civil Procedure, edi- tion of 1909. Sec. 1925. (Code of Civil Proc.) Certificates of purchase primary evidence of ownership. A certificate of purchase or of location of any lands in this state, issued or made in pursuance of any law of the United States or of this state, is primary evidence that the holder or assignee of such certificate is the owner of the land described therein ; but this evidence may be overcome by proof that at the time of the location or time of filing a pre-emption claim on which the certificate may have been issued, the land was in the adverse possession of the ad- verse party, or those under whom he claims, or that the adverse party is holding the land for mining purposes. (En. March 11, 1872.) 91 Cal. 544; 125 Cal. 405; 87 Cal. 299. Sec. 1927. (Code of Civil Proc.) Whenever any patent for mineral lands within the State of California, issued or granted by the United States of America, shall contain a statement of the date of the location of a claim or claims, upon which the granting or issuance of such patent is based, such statement shall be prima facie evidence of the date of such location. (Act approved March 16, 1872. Stats. 1871, page 413). For the Protection of Miners. Section 1. It shall not be lawful for any corporation, asso- ciation, owner, or owners of any quartz mining claims within the State of California, where such corporation, association, owner or owners employ twelve men daily, to sink down into such mine or mines any perpendicular shaft or incline beyond a depth from the surface of three hundred feet without providing 54 MINING LAWS OF CALIFORNIA a second mode of egress from such mine, by shaft or tunnel, to connect with the main shaft at a depth of not less than one hundred feet from the surface. Modes of escape. Sec. 2. It shall be the duty of each corporation, association, owner or owners of any quartz mine or mines in this state, where it becomes necessary to work such mines beyond the depth of three hundred feet, and where the number of men employed therein daily shall be twelve or more, to proceed to sink another shaft or construct a tunnel so as to connect with the main working shaft of such mine as a mode of escape from underground accident, or otherwise. And all corporations, as- sociations, owner or owners of mines, as aforesaid, working at a greater depth than three hundred feet, not having any other mode of egress than from the main shaft, ishall proceed as here- in provided. Liabilities. Sec. 3. When any corporation, association, owner or owners of any quartz mine in this state shall fail to provide for the proper egress, as herein contemplated, and where any accident shall occur, or any miner working therein shall be hurt or in- jured, and from such injury might have escaped if the second mode of egress had existed, such corporation, association, owner or owners of the mine where the injuries shall have occurred shall be liable to the person injured in all damages that may accrue by reason thereof; and an action at law in a court of competent jurisdiction may be maintained against the owner or owners of such mine, which owners shall be jointly or severally liable for such damages. And where death shall ensue from in- juries received from any negligence on the part of the owners thereof, by reason of their failure to comply with any of the provisions of this act, the heirs or relatives surviving the de- ceased may commence an action for the recovery of such dam- ages, as provided by an act entitled An Act Requiring Compen- sation for Causing Death by Wrongful Act, Neglect or Default, Approved April twenty-sixth, eighteen hundred and sixty-two. Sec. 4. This act shall take effect and be in force six months from and after its passage. ACT OF MARCH 31 1891. Easement, and Drainage of Mines in the State of California. Section 1. Whenever any mine-owner, company or corpo- ration shall have performed the labor and made the improve- ments required by law for the location and ownership of min- ing claims or lodes, such owner, company or corporation shall file or cause to be filed, within thirty days after the time lim- MINING LAWS OF CALIFORNIA 55 ited for performing such labor, or making such improvements, with the county recorder of deeds of the county in which the mine or claim is situated, (an affidavit), particularly describing the labor performed and improvements made, and the value thereof, which affidavit shall be prima facie evidence of the facts therein stated. Upon the failure of any claimant or mine- owner to comply with the conditions of this act in the perform- ance of labor, or making of improvements upon any claim, mine or mining ground, the claim or mine upon which such failure oc- curred shall be open to relocation in the same manner as if no location of the same had ever been made. But if, previous to relocation, the original locators, their heirs, assigns or legal representatives, resume work upon such claim, and continue the same with reasonable diligence until the required amount of labor has been performed or improvements made, and the re- quired statement of accounts and affidavits filed with the county recorder, then the claim shall not be subject to relocation be- cause of previous failure to file accounts. Upon the failure of any one of the several co-owners to contribute his portion of the expenditures required hereby, the co-owners who have per- formed the labor or made the improvement may, at the expi- ration of the year, give such delinquent co-owner personal no- tice, in writing, or by publication in the newspaper published nearest the claim for at least once a week for ninety days; and if, at the expiration of ninety days after such notice in writing or publication, such delinquent shall fail or refuse to contribute his portion of the expenditures required by this section, his in- terests in the claim become the property of his co-owners, who made the required expenditures. A copy of such notice, together with an affidavit showing personal service or publication, as the case may be, of such notice, when filed or recorded with the re- corder of deeds of the county in which such mining claim is situated, shall be evidence of the acquisition of title of such co- owners. Where a person or company has or may run a tun- nel or cuts for the purpose and in good faith for the purpose of developing a lode, lodes or claims owned by said person or company or corporation, the money so expended in running said tunnel shall be taken and considered as expended on said lodes or claims; provided further, that said lode, claim or claims shall be distinctly marked on the surface, as provided by law. Sec. 2. All mining locations and mining claims shall be subject to a reservation of the right of way through or over any mining claims, ditches, roads, canals, cuts, tunnels, and other easements for the purpose of working other mines; provided, that any damage occasioned thereby shall be assessed and 56 MINING LAWS OF CALIFORNIA paid for in the manner provided by law for land taken for pub- lic use under the right of eminent domain. Sec. 3 This act shall take effect immediately. Harris v. Kellogg, 117 Cal. 484. ACT OF MARCH 20, 1903. Section 1. Provides that all abandoned mining shafts shall be fenced. Sec. 2. Provides that boards of supervisors may cause shafts on unoccupied public land to be fenced. Sec. 3. Provides that removing covering or fencing over mining shaft shall be a misdemeanor. Act 483 to be found in the Session Laws of 1875, at page 853, provided for the Recording of Mining Claims in Calaveras county. (142 Cal. 411.) Act 2223 of March 27, 1874. For the Protection of Coal Mines and Coal Miners, can be found in the Session Laws of Californa, 1873-4, at page 726. Act 2225, of March, 1893, provides for a uniform system of mine bell signals to be used in all mines operated in the State of California. (California Laws 1893, page 82.) Act 2226 of March 24, 1893, provides for the appointment, duties and compensation of a Debris Commissioner, and makes an appropriation to be expended in the discharge of his duties as such commissioner. This act can be found in the Session Laws of California, of 1893, page 339; of 1897, page 169; of 1901, pages 284 and 564; and in full as amended in General Laws of California, Act Xo. 2226. Act. 2227. (General Laws.) This provides that public lands of California, Sees. 16 and 36, are open to mineral entry. Act 2228. To regulate the rights of owners of mines. This act gave rights of way to miners, and places of de- posits. It has not been repealed in terms, but as County Courts have been abolished, it is probably not in force. It can be found in Statutes of California, 1869-70, of page 569. CALIFORNIA HYDRAULIC MINING. For provisions of an Act to create the California Debris Com- mission and regulate Hydraulic Mining in California. See Act of Congress, March 1, 1893, ch. 183 ; 27 U. S. Stat. at Large 507; also Amendment of February 27, 1907, in 34 Stat. at Large, page 1001. EIGHT HOUR LAW. (Approved March 10th. 1909.) Section 1. Provides that persons ni.ua^rd in work in under- ground mines, shall ut exceed eight hours in any twenty-four hours, except in case of emergency. Sec. 2. Provides a penalty for anyone violating the act, laborer ,,r employer. MINING LAWS OF CALIFORNIA 57 NOTICE OF QUARTZ LODE LOCATION. Notice is hereby given, That I a citizen of the United States, have discovered a vein of rock in place, carrying gold, silver, copper, and other valuable de- posits, upon which I have erected a discovery monument and posted this notice, as hereinafter set forth; that in accordance with the provision of Chapter 6, Title 32 of the Revised Sta- tutes of the United States and the laws of the State of Cali- fornia, I hereby claim fifteen hundred linear feet of said vein, measured thereon as hereinafter set forth. Said discovery was made on the day of 189 . . . Immediately upon making the same, and on the day of 189. ., I erected at the point of dis- covery, a substantial monument, consisting of a mound of rocks and , posted thereon this notice. The * general course of said vein is and I claim in length thereon feet and feet from said discovery monument. I also claim three hundred feet on each side of the center of the vein. This vein or claim shall be known as and called the It is situated in Mining District an in f Sec , Tp , R S. B. M., in County, California, and the discovery monument being placed about from That the following is a description of said location as marked on the ground; * commencing at the of said claim, a from which initial point the discovery monument is distant about feet in a direction ; thenceU Dated and posted on the ground, this day of 190.. . Witness . . Locators. *Make this description in accordance with the facts, as "The general course of said vein is north and south. I claim in length thereon 500 feet north and 1000 feet south from said discovery monument." t If the claim is upon surveyed land, give the section, township and range, if possible. This is not required by law, but makes a much better description. Here refer to some natural object or permanent monument so as to identify the locality of the claim, in compliance with section 2324, Revised Statutes U. S. A road, house, tree, known mountain or peak, government corner, mill, or known mining claim, etc., are such objects or monuments. As, "About one mile directly east from Jim Budd's quartz mill and 400 rods west from the Lone Star mine," etc. JHere state: "Commencing at the N. E. corner of said claim, a mound 58 MINING LAWS OF CALIFOKNIA of rocks 4 ft. high," or at any other corner or point in the boundary; give the distance and direction from this initial monument to the discovery monument, and then locate the discovery with reference to some natural object or permanent monument. ||Here follows a description of the claim from the initial monument. For instance: "Thence 600 ft. northwesterly to the N. W. corner of said claim, at which point is a mound of rocks 2% ft. high, marked so and-so (if marked); thence 1500 ft. southwesterly to the S. W. corner of said claim, being a mound of rocks," etc.; so going around the claim to the point of beginning. NOTICE OF LOCATION OF PLACER CLAIM;. Notice is hereby given, That citizen . . of the United States, h . . this day of 189. . discovered a valuable placer deposit within the limits of this claim; that by virtue of said dis- covery, ha., located, and hereby locate and claim the following de- scribed land, situate in Mining District County, California, to-wit :* of section , Township , Range S. B. M., containing acres. 1 " Said claim is hereby named Placer Claim. Said claim is marked upon the ground as follows :* This notice is posted on a mound of rocks at the point of discovery, situated Dated and posted on the ground, this day of , 189 . . Locator. For form of Mill Site Location Notice, see U. S. Mining Laws. For form of Affidavit of Annual Labor, see end of Arizona Mining Laws. For form of Notice of Forfeiture, see U. S. Mining Laws, at end thereof. *The statute provides that the locator must give "a, description of the claim by reference to legal subdivisions of sections, if the location is made in conformity with the public surveys; otherwise a description with reference to some natural object or permanent monument as will identify the claim." tWhen not described by legal subdivisions, the description should con- form to taht contained in the final certificate of location of a lode claim. JThe statute provides that, whether described by legal subdivisions or not, the location shall be marked by the locator on the ground, and as the affidavit to be filed later is not required to contain a description of the claim, we think this notice should state how the location is marked; as, for Instance, "At the N. E. corner of said tract a mound of rocks 3 ft. high, marked so-and-so (if marked), and at the N. W. corner a stake in a mound of rocks, marked." etc., and so on for each monument enclosing the claim. SHere state where the discovery is located, as, for instance, "20 ft. S. W. of the N. E. corner monument." ||A duplicate of this notice must be filed for record with the county recorder within thirty dayn from the discovery; and the locator is allowed thirty days to mark his location on the ground. A PRACTICAL CAR The NO TIRE TROUBLES Made for Adverse Road Conditions Wheels 36 and 38 inches, with Solid Rubber Side Wire Tires. Shaft Drive; 90-inch Wheel Base; Extra Road Clearance. Frame Hot Riveted and Reinforced. MAGNETO Single or Double Rumble EASY RIDING QUALITIES UNSURPASSED High Grade Essentials and Details for F\/JLL, "Description We are also Southwest Headquarters for STUDEBAKER. Ore, Freight, Camp and Prospectors' Buckboards, Four-Spring Mountain Wagons and Other Necessities ROAD AND GRADING MACHINERY Newell Mathews Co. Los Angeles and Market, Streets LOS ANGELES, CALIFORNIA MINING LAWS OF NEVADA As Amended March 29, 1907, to take effect July 1, 1907, complete. For new laws of 1909, concerning Mining Corporations and Inspection of Mines, see pages 98 and 104, respectively. (See also U. S. Mining Laws.) LOCATION AND RELOCATION. How to Locate. Sec. 1. Any person, a citizen of the United States, or one who has declared his intention to become such, who discovers a vein or lode, may locate a claim upon such vein or lode by defining the boundaries of the claim in the manner hereinafter described and by posting a notice of such location at the time and point of discovery, which notice must be posted upon one of the several monuments prescribed in section 2 of this act, and such notice must contain : First The name of the lode or claim. Second The name cf the locator or locators. Third The date of the location. Fourth The number of linear feet claimed in length along the course of the vein, each way from the point of discovery, with the width on each side of the center of the vein, and the general course of the vein or lode as near as may be. Van Valkenburg v. Huff, 1 Nev. 147 ; Mallet v. Uncle Sam G. & S. M. Co., 1 Nev. 188 ; Overman S. M. Co. v. Ameri- can M. Co., 7 Nev. 312; Phillpotts v. Blasdel, 8 Nev. 61; Wiell v. Lucerne M. Co., 11 Nev. 200; Golden Fleece v. Cable Consolidated M. Co., 12 Nev. 312; Cleeson v. White, 13 Nev. 443 ; Overman S. M. Co. v. Corcoran, 15 Xev. 147 ; Rose v. Richmond M. Co., 17 Nev. 25 ; Poujade v. Ryan, 21 Nev. 449; Brady v. Husby, 21 Nev. 453: 134 F. R. 610. Discovery Shaft to Be Sunk Depth Ten Feet Boundaries of Claim, How Defined. Sec. 2. The locator of a lode mining claim must sink a dis- covery shaft upon the claim located 4x6 feet to the depth of at least ten feet from the lowest part of the rim of such shaft at the si 11- face, or deeper if necessary, to show by such work a lode deposit of mineral in place ; a cut or crosscut or tunnel which outs the lode at a depth of ten feet, or an. open cut along the said ledge or lode equivalent in size to a shaft four feet by six feet by ten feet deep, is equivalent to a discovery shaft. The MIXING LAWS OF NEVADA 61 locator must define the boundaries of his claim by removing the top of a tree (having a diameter of not less than four inches), not less than three feet above the ground, and blazing and marking the same; or by a rock in place, capping such rock with smaller stones, such rock and stones to have a height of not less than three feet; or by setting a post or stone, one at each corner and one at the center of each side line. When a post is used, it must be at least four inches in diameter by four and one-half feet in length, and set one foot in the ground. When it is practically impossible on account of bedrock or precipitous ground to sink such posts, they may be placed in a mound of earth or stones, or where the proper placing of such posts or other monuments is impracticable or dangerous to life or limb, it shall be lawful to place such posts or monuments at the nearest point, properly marked to designate its right place. When a stone is used, not a rock in place, it must be not less than six inches in diameter and eighteen inches in length, and set two-thirds of its length in the top of a mound of earth or stone four feet in diameter, and two and one-half feet in height. All trees, posts or rocks used as monuments which are not four feet in diameter at the base shall be surrounded by a mound of earth or stones four feet in diameter by two feet in height, which trees, posts, stones or rock monuments must be so marked as to designate the corners of the claim located ; pro- vided, however, that the locator of a mining claim shall within twenty days from the date of posting the notice of location define the boundaries of said claim by placing at each corner and the center of each sideline one of the hereinbefore described monuments, and shall within ninety days from the date of posting of said location notice perform the location work here- inbefore prescribed. Silver M. Co. v. Fall, 6 Nev. 116 ; Southern Cross G. & S. M. Co. v. Europia M. Co., 15 Nev. 383; Sisson v. Som- mers, 24 Nev. 379. WHAT NOTICE SHALL CONTAIN WHEN LOCATION IS VOID. Sec. 3. Any locator or locators of a mining claim, after having established the boundaries of said claim, and after complying with the provisions of this act, with reference to the establishment of such boundaries, may file with the district mining recorder a notice of location, setting forth the name given to the lode or vein, the number of linear feet claimed in length along the course of the vein, the date of location, the date on which the boundaries of the claim were completed, and the name of the locator or locators. Should any claim be located in any section or territory where no district has 62 MINING LAWS OF NEVADA yet been formed, or where there is no district recorder, the locator or locators of such claims may file with the county recorder notice of location as set forth above, and said notice of location will be prima facie evidence in all courts of justice of the first location of said lode or vein. Within ninety days of the date of posting the location notice upon the claim the locator shall record his claim with the mining district recorder and the county recorder of the mining district, or county, in which such claim is situated by a location certificate, which must contain: First. The name of the lode or vein. Second. The name of the locator or locators. Third. The date of the location and such description of the location of said claim with reference to some natural object or permanent monument as will identify the claim. Fourth. The number of linear feet claimed in length along the course of the vein each way from the point of discovery, with a width on each side of the center of the vein , and the general course of the lode or vein as near as may be. Fifth. The dimensions and location of the discovery shaft, or its equivalent, sunk upon the claim. Sixth. The location and description of each corner, with the markings thereon. Any record of the location of a lode mining claim which shall not contain all the requirements named in this section shall be void. All records of lode or placer mining claims, millsites or tunnel rights heretofore made by any recorder of any mining district, or any county recorder are hereby declared to be valid and to have the same force nnd effect as records made in pursuance of the provisions of this act. And any such record, or a copy thereof, duly verified by a mining recorder or duly certified by a county recorder, shall be prima facie evidence of the facts therein stated. Notice to Claim but One Location Sec. 4. No notice of location of a lode claim shall claim more than one location, whether the location be made by one or several persons. And if such notice purport to claim more than one location it shall be absolutely void, except as to the first location therein described. And if they are described together, or so that it cannot be told which location is first described the notice of location shall be void as to all. What Location Includes. Sec. 5. The location or record of any vein or lode claim shall be construed to include all surface ground within the surface lines thereof, and all lodes and ledges throughout their entire MINING LAWS OF NEVADA 63 depth, the top or apex of which lies inside of such lines extend- ed downward, vertically with all parts of such lodes or veins as continue to dip beyond the side lines of the claim, but shall not include any portion of such lodes, veins or ledges beyond the end lines of the claim, or the end lines continued, whether by dip or otherwise, or beyond the side lines in any other man- ner than by the dip of the lode. End Lines. Sec. 6. If the top or apex of the lode in its longitudinal course extends beyond the exterior lines of the claim at any point on the surface, or as extended vertically downward, such lode may not be followed in its longitudinal course where it is intersected by the exterior lines. Jones v. Prospect Tunnel Co., 21 Nev. 339. Relocation in Case of Defective Certificate. Sec. 7. If at any time the locator of any mining claim here- tofore or hereafter located, or his assigns, shall apprehend that his original certificate was defective, erroneous, or that the requirements of the law had not been complied with before filing; or shall be desirous of changing his surface boundaries or of taking in any part of an overlapping claim which has been abandoned; or in case the original certificate was made prior to the passage of this law, and he shall be desirous of securing the benefits of this Act, such locator or his assigns may file an additional certificate, subject to the provisions of this Act ; provided, that such relocation does not interfere with the existing rights of others at the time of such relocation, and no such relocation or the record thereof shall preclude the claimant or claimants from proving any such titles as he or they may have held under previous location. Phillpotts v. Blasdel, 8 Nev. 61. Relocation and Survey. Work to Be Done on Relocation. Sec. 8. The relocation of abandoned lode claims shall be by sinking a new discovery shaft and fixing new boundaries, in the same manner as if it were the location of a new claim ; or the relocator may sink the original discovery shaft ten feet deeper than it was at the time of abandonment, in which case the record must give the depth and dimensions of the original discovery shaft at the date of such relocation, and erect new or adopt the old boundaries, renewing the posts or monuments if removed or destroyed. In either case a new location stake <>4 MINING LAWS OF NEVADA shall be erected. In any case, whether the whole or part of an abandoned claim is taken, the record may state that the whole or any part of the new location is located as abandoned prop- erty. If it is not known to the relocator that his location is on an abandoned claim, then the provisions of this section do not apply. Sever v. Gergovich, 16 Nev. 325 ; Rose v. Richmond M. Co., 17 Nev. 25 ; South End M. Co. v. Tinney, 22 Nev. 19. Survey and Certificate of Surveyor Become Part of Record. Sec. 9. Where a locator, or his assigns, has the boundaries and corners of his claim established by a United States deputy mineral surveyor, or a licensed surveyor of this State, and his claim connected with the corner of the public or minor surveys of an established initial point, and incorporates into the record of the claim the field notes of such survey, and attaches to and files with such location certificate a certificate of the surveyor, setting forth: First, that said survey was actually made by him, giving the date thereof; second, the name of the claim surveyed and the location thereof; third, that the description incorporated in the declaratory statement is sufficient to iden- tify. Such survey and certificate becomes a part of the record, and such record is prima facie evidence of the facts therein contained. LOCATION OF PLACER CLAIM. Statutes 1899, p. 94. Location of Placer Claim, Section 1. The location of a placer claim shall be made in the following manner: By posting thereon, upon a tree, rock in place, stone, post, or monument, a notice of location, con- taining the name of the claim, name of locator or locators, date of location, and number of feet or acres, claimed, and by mark- ing the boundaries and the location point in the same manner and by the same means as required by the laws of this State for marking the boundaries of lode claim locations; provided, that where the United States survey has been extended over the land embraced in the location, the claim may be taken by legal subdivisions, and, except the marking of the location point as hereinbefore prescribed, no other markings than those of said survey shall be required. Relating to Location. Sec. 2. Within ninety days after the posting of the notice of location of a placer claim, the locator shall perform not less than twenty dollars worth of labor upon the claim for the development thereof, and shall have recorded by the mining MINING LAWS OF NEVADA 65 district recorder and the County Recorder of the district and county in which the claim is situated a certificate which shall state the name of ; the claim, designating it as a placer claim, name of locator or locators, date of location, number of feet or acres claimed, a description of the claim with regard to some natural object or permanent monument, so as to identify the claim, and the kind and amount of work done by him as herein required, and the place on the claim where said work was done. This certificate, or the record thereof, or a duly certified copy of said record, shall be prima facie evidence of the re- citals therein. But if such certificate do not state all the facts herein required to be stated, -it shall be void. Note. 1 A decision of the Supreme Court in the case of Butte City Water Co. vs. Baker practically establishes the validity of the above Act. The case is reported in 196, U. S., page 119. LOCATION OF TUNNEL RIGHT. Statutes 1897, p. 108. Notice to Contain. Section 1. The locator of a tunnel right or location shall locate his tunnel right or location by posting a notice of location at the face or point of commencement of the tunnel, which must contain : First The name of the locator or locators. Second The date of the location. Third The proposed course or direc- tion of the tunnel. Fourth The height and width thereof. Fifth The position and character of the boundary monuments. Sixth A description of the tunnel by such reference to a nat- ural object or permanent monument as shall identify the claim or tunnel right. Boundary Lines. Sec. 2. The boundary lines of the tunnel shall be established by stakes or monuments placed along such lines at an interval of not more than three hundred feet from the face or point of commencement of the tunnel to tfre terminus of three thousand feet therefrom. The stakes or monuments shall be of the same size and character as those provided for lode or placer claims in this Act. Locator Shall Record. Sec. 3. The locator of a tunnel right or location shall, within sixty days of the date of the location, record his location with the mining district recorder and the County Recorder of the county or district in which such location is situated, which must be similar in all respects to the one posted on the location. Any record of a tunnel right or location which shall not contain all the requirements named in this section shall be void. 66 MINING LAWS OF NEVADA Relating to Blind Lodes or Veins. Sec. 4. All blind lodes, or veins or lodes not previously known to exist, discovered in a tunnel run for the development of a vein or lode, or for the discovery of mines, and within three thousand feet from the face of such tunnel, shall be lo- cated upon the surface and held in like manner as other lode claims under the provisions of this Act. Provisions of Act Applicable. Sec. 5. The provisions of this Act shall be construed as equally applicable to all classes of location except where the requirement as to any one class is manifestly inapplicable to any other class or classes. LOCATION OF SALINE LANDS. (Act of Feb. 24, 1865, p. 172.) Location of Saline Lands. Section 1. Any person may locate, claim and hold not ex- ceeding one hundred and sixty acres of the public lands within this State containing salt or saline matter. Duty of Persons Locating Saline Lands. Sec. 2. It shall be the duty of any person or persons locating salt lands to have the same surveyed by the County Surveyor of the county in which said lands are located, within thirty days from the date of location; and the surveyor shall, within thirty days from the completion of said survey, make and de- liver to the party employing him to make the survey, a correct description and plat of the lands thus surveyed, and the same shall be recorded in the office of the County Recorder of said county within thirty days from the delivery thereof by the surveyor. Prior Locations Ratified. Sec. 3. All locations made prior to the passage of this Act upon saline lands are hereby ratified and confirmed to the lo- cators thereof, their heirs and assigns; provided, the parties now holding and occupying said lands shall, within sixty days from the passage of this Act, have the same surveyed and re- corded as provided in section two of this Act. When Subject to Relocation. Sec. 4. All persons claiming and holding saline lands under the provisions of this Act shall keep and hold actual possession of said lands by occupying the same, and whenever said lands are abandoned for a period longer than sixty days, the same shall be subject to relocation. MINING LAWS OF NEVADA 67 LOCATION OF MILL SITE. Mill Site. Statutes 1897 > P- 107 ' Section 1. The proprietor of a vein or lode claim or mine, or the owner of a quartz mill or reduction works, may locate five acres of non-mineral land as a mill site. Notice to Contain. Sec. 2. The locator of a mill site location shall locate his claim by posting a notice of location thereon, which must con- tain: First The name of the locator or locators. Second The name of the vein, or lode claim, or mine, of which he is the proprietor, or the name of the quartz mill or reduction works of which he is the owner. Third The date of the loca- tion. Fourth The number of feet or acres claimed. Fifth A description of the claim by such reference to a natural object or permanent monument as shall identify the claim or mill site. And by marking the boundaries of his claim in the same man- ner as provided in this Act for the marking of the boundaries of a placer mining claim, so far as the same may be applicable thereto. Locator Shall Record. Sec. 3. The locator of a mill site claim or location shall, within thirty days from the date of his location, record his location with the mining district recorder and the County Recorder of the district or county in which such location is situated, by a location certificate which must be similar in all respects to the one posted on the location. When Location is Void. Sec. 4. Any record of a mill site location which shall not contain the name of the locator or locators, the name of the vein or lode claim or mine of which the locator is the proprietor, or the name of the quartz mill or reduction works of which the locator is the owner, the number of feet or acres claimed, and such description as shall identify the claim with reasonable certainty, shall be void. Robinson v. Imperial M. Co., 5 Nev. 44; Hamburg M. Co. v. Stevenson, 17 Nev. 450. ASSESSMENT WORK. Amount of Work to Hold Possession. Section 1. The amount of work done or improvements made during each year to hold possession of a mining claim shall be that prescribed by the laws of the United States, to-wit : One 68 MINING LAWS OF NEVADA hundred dollars annually. In estimating the worth of labor required to be performed upon any mining claim, to hold the same under the laws of the United States, the value of a day's labor is hereby fixed at the sum of four dollars ; provided, how- ever, that in the sense of this statute eight hours of labor actually performed upon the mining claim shall constitute a day's labor. Affidavit of Work Performed. Sec. 2. Within sixty days after the performance of labor or making of improvements, required by law to be annually per- formed or made upon any mining claim, the person in whose behalf such labor was performed or improvements made, or someone in his behlf, shall make and have recorded by the min- ing district recorder or the County Recorder, in books kept for that purpose, in the mining district or county in which such mining claim is situated, an affidavit setting forth the amount of money expended, or value of labor or improvements made, or both, the character of expenditures or labor or improve- ments, a description of the claim or part of the claim affected by such expenditures, or labor or improvements, for what year, and the name of the owner or claimant of said claim at whose expense the same was made or performed. Such affidavit, or a copy thereof, duly certified by the County Recorder, shall be prima facie evidence of the performance of such labor or the making of such improvements, or both. Sees. 1 and 2, Statutes 1897, p. 105. Recorder's Fee. Sec. 3. For taking and recording the affidavit herein re- quired the mining recorder shall receive a fee of one dollar. Records to Impart Notice. Sec. 4. The instruments and Records mentioned in sections one and two shall be deemed to impart to subsequent pur- chasers and incumbrancers, and to all other persons whomso- ever, notice of the contents thereof. Sees. 3 and 4, Statutes 1887, p. 137. Delinquency of Co-owners. Notice to a Delinquent Proviso Penalty. Sec. 5. Whenever a coowner or coowners shall give to a de- linquent coowner or coowners the notice in writing or notice by publication provided for in Section 2324, Revised Statutes of the United States, an affidavit of the person giving such notice, stating the time, place, manner of service and by whom and MINING LAWS OF NEVADA 69 upon whom such service was made, shall be attached to a true copy of such notice, and such notice and affidavit must be recorded by the mining district recorder or the County Re- corder, in books kept for that purpose, in the mining district or county in which the claim is situated; within ninety days after the giving of such notice, or if such notice is given by publication in a newspaper, there shall be attached to a printed copy of such notice an affidavit of the printer or his foreman or principal clerk of such paper, stating the date of the first, last and each insertion of such notice therein, and when and where the newspaper was published during that time, and the name of such newspaper. Such affidavit and notice shall be recorded as aforesaid within one hundred and eighty days after the first publication thereof. The original of such notice and affidavits, or a duly certified copy of the record thereof, shall be evidence that the delinquent mentioned in Section 2324 has failed or refused to contribute his proportion of the expenditure required by that section and of the service or publication of said notice ; provided, the writing or affidavit hereinafter pro- vided for is not of record. If such delinquent shall, within the ninety days required by Section 2324 aforesaid, contribute to his coowner or coowners his proportion of such expenditures, such coowner or coowners shall sign and deliver to the de- linquent or delinquents a writing, stating that the delinquent or delinquents by name, has within the time required by Section 2324 of the Revised Statutes of the United States con- tributed his share for the year , upon the mine, and further stating therein the district, county and State wherein the same is situate and the book and page where the location notice is recorded; such writing shall be recorded in the office of the County Recorder of said county. If such coowner or coowners shall fail to sign and deliver such writing to the delinquent or delinquents within twenty days after such contribution, the coowner or coowners so failing as aforesaid shall be liable to a penalty of one hundred dollars, to be re- covered by any person for the use of the delinquent or delin- quents in any court of competent jurisdiction. If such coowner or coowners fail to deliver such writing within said twenty days, then the delinquent, with two disinterested persons hav- ing personal knowledge of such contribution, may make affi- davit setting forth in what manner, the amount of, to whom and upon what mine such contribution was made. Such affi- davit, or a record thereof in the office of the County Recorder 70 MINING LAWS OF NEVADA of the county in which said mine is situate, shall be prima facie evidence of such contribution. Statutes 1897, p. 106. MINING RECORDER AND RECORDS. Records Impart Notice and Are Received in Evidence. Duties of Mining Recorders Duplicate Notices. Section 1. It shall be the duty of each and every mining recorder of the several mining districts of the State to require all persons locating and recording a mining claim to make a duplicate copy of each and every mining notice, which copy the said mining recorder shall carefully compare with the original, and mark " duplicate" on its face or margin, and he shall immediately deposit with or transmit the same to the County Recorders of the respective counties in which said min- ing district may be located. Fee to Be Collected. Sec. 2. The said district mining recorders, at the time of comparing said duplicate notices with the original, shall collect from the locators of said mining claims the sum of one dollar for each and every notice compared, which sum he shall trans- mit, together with the said duplicate notices, to the County Recorders of the respective counties in which said mining claims shall be located. (See also end of sec. 9.) Duplicates to Be Filed. Sec. 3. Whenever, owing to the distance of the mining dis- trict from the county seat, it becomes .inconvenient for the district mining recorder to personally deposit the duplicate copy with the County Recorder, then in that case he may for- ward the same by mail or express, or such other manner as will insure safe transit and delivery to the County Recorder. Fees for Recording. Sec. 4. The County Recorders of the several counties shall receive for their services for recording each of said duplicate notices mentioned in section two of this Act, the sum of one dollar; provided, that in case the location is made outside of any organized mining district or in the absence of a mining re- corder in any organized district, then the person or persons making location shall, within ninety days after making such location, transmit a duplicate copy of such notice to the Re- corder of the county in which the location is made, and the Recorder shall record the same for a fee of one dollar. MINING LAWS OF NEVADA 71 Duplicate Notice to Have Force. Sec. 5. The record of any original or duplicate notice of the location of a mining claim in the office of the County Recorder, as herein provided, shall be received in evidence, and have the same force and effect in the courts of the State as the original mining district records. . Sees. 4 and 5 as amended Statutes 1897, p. 77. Penalty. Sec. 6. Any person neglecting or refusing to comply with the provisions of this Act, shall be deemed guilty of a mis- demeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by such fine and imprisonment. County Recorders to Be Ex-Officio District Mining Recorders. Sec. 7. In every mining district in this State, in which the seat of government of any county is situated, the County Re- corder of said county shall be ex-officio district mining recorder, subject in the discharge of his duties to such rules, regulations and compensations as may be now in force or hereafter pre- scribed by the mining laws of the mining districts respectively to which this Act is applicable. He shall, as such ex-officio mining recorder, be responsible on his official bond for the faithful performance of the duties of his office and the correct and safe keeping of all the records thereof, and the correct and safe keeping of the copies of all the records mentioned and re- ferred to in section two of this Act. Records to Impart Notice. Sec. 8. All instruments of writing relating to mining claims now copied into books of mining or other records, now in the office of the County Recorders of the several counties of this State, shall, after the passage of this Act, be deemed to impart to subsequent purchasers and incumbrancers, and all other persons whomsoever, notice of the contents thereof; provided, that nothing herein contained shall be construed to affect any rights heretofore acquired or vested. Copies May Be Read in Evidence. Sec. 9. Copies of the records of all such instruments men- tioned in section one of this Act, duly certified by the Recorder in whose custody such records are, may be read in evidence under the same circumstances and rules as are now or may hereafter be provided by law, for using copies of instruments 72 MINING LAWS OF NEVADA relating to mining claims or real estate, duly executed or acknowledged, or proved and recorded. Golden Fleece v. Cable Consolidated M. Co., 12 Nev. 312 ; Southern Cross G. & S. M. Co. v. Europia M. Co., 15 Nev. 383; Paujade v. Ryan, 21 Nev. 449; Brady v. Hus- by, 21 Nev. 453. FEE FOR RECORDING PROOF OF LABOR. (Statutes 1909, p. 310.) Fees for Recording Proof of Labor on Mining Claims. Section 1. From and after the passage and approval of this Act the County Recorders and District Mining Recorders of this State shall charge the following fees for recording certifi- cates of proof of labor on mining claims : One dollar for recording any such certificate that embraces therein one claim, and an additional fee of twenty-five cents for each and every additional mining claim embraced in said certificate; and pro- vided further, that if any such certificate shall contain more than one hundred words, an additional fee of thirty cents shall be charged for each one hundred words or fractional part thereof in excess of said first one hundred words. Repeal. Sec. 2. All acts and parts of Acts in conflict with the pro- visions of this Act are hereby repealed. (Receipt from Recorder, see page 96.) CONVEYANCE OF MINING CLAIM. In Same Manner as Real Estate. Section 1. Conveyance of mining claims shall hereafter re- quire the same formalities and be subject to the same rules of construction as the transfers and conveyances of other real estate. Hale & Norcross G. & S. M. Co. v. Storey County et al., 1 Nev. 104 ; Phillpotts v. Blasdell, 8 Nev. 61 ; Weill v. Lu- cerne M. Co., 11 Nev. 200 ; Gruber v. Baker, 20 Nev. 453. Former Conveyances Construed. Sec. 2. All conveyances of mining claims heretofore made by bills of sale or other instruments in writing, with or with- out seals, recorded or unrecorded, shall be construed in accord- ance with the lawful local rules, regulations and customs of the miners in the several mining districts of this territory; and if heretofore regarded valid and binding in such districts, shall have the same force and effect between the parties thereto, as prima facie evidence of sale, as if such conveyances had been made by deed under seal. MINING LAWS OF NEVADA :;{ How Proved. Sec. 3. The location and transfers of mining claims here- tofore made, shall be established and proved in contestation before courts, by the local rules, regulations or customs of the miners in the several mining districts of the territory in which such location and transfers were made. Van Valkenburg et al. v. Huff et al., 1 Nev. 142; Mallett v. Uncle Sam G. & S. M. Co., 1 Nev. 188 ; Oreamuno v. Uncle Sam G. & S. M. Co., 1 Nev. 217 ; Smith et al. v. North American Mining Co., 1 Nev. 423 ; Chase v. Savage S. M. Co., 2 Nev. 9; Bullion M. Co. v. Croesus G. & S. M. Co., 2 Nev. 168; Gottschall et al. v. Melsing et al., 2 Nev. 185. Lands Defined. Sec. 4. The term " lands," as used in this Act, shall be con- strued as coextensive in meaning with lands, tenements, and hereditaments, and shall include in its meaning all possessory right to the soil for mining and other purposes, and the term "estate and interest in lands," shall be construed and embrace every estate and interest, present and future, vested and con- tingent, in lands as above defined. Mortgage to Be Recorded. Sec. 5. A mortgage for a good and valuable consideration upon possessory claims to public lands, all buildings and im- provements upon such lands, all quartz and mining claims, and all such personal property as shall be fixed in its structure to the soil, acknowledged in manner and form as mortgages upon real estate are required by law to be acknowledged and record- ed in the office of the Recorder in the county in which the property is situated, shall have the same effect against third persons as mortgages upon real estate. Capon v. Stout, 11 Nev. 304. Mining Rules. Sec. 6. This Act shall not be so construed as to interfere or conflict with the lawful mining rules, regulations, or customs in regard to the locating, holding, or forfeiture of claims, but, in all cases of mortgages of mining interests under this Act, the mortgagee shall have the right to perform the same acts that the mortgagor might have performed for the purpose of pre- venting a forfeiture of the same under the said rules, regula- tions, or customs of mines, and shall be allowed such compensa- tion therefor as shall be deemed just and equitable by the court ordering the sale upon a foreclosure ; provided, that such com- 74 MINING LAWS OF NEVADA pensation shall, in no case, exceed the amount realized from the claim by a foreclosure and sale. Deed of Minor Held Valid Proviso Suits Pending. Sec. 7. In all cases in this State since the first day of July, A. D. eighteen hundred and sixty-seven, where minors over the age of eighteen years have sold interests acquired by them in mining claims or locations by virtue of their having located such claims, or having been located therein by others and have executed deeds purporting to convey such interests, such deeds, if otherwise sufficient in law, shall be held valid and sufficient to convey such interest fully and completely, notwithstanding the minority of the grantor, and without any power or right of subsequent revocation ; provided, that this section shall not ap- ply to cases where any fraud was practiced upon such minor, or any undue or improper advantage was taken by his pur- chaser or any other person to induce such minor to execute such deed ; and, provided further, that this section shall not ap- ply to or affect any suits which may now be pending in any courts of this State, in which the legality or validity of such deeds may be involved. Minors Empowered to Sell or Convey. Sec. 8. All minors in this State, over the age of eighteen years, are hereby authorized and empowered to sell and convey by deed such interests as they may have acquired, or may here- after acquire, in mining claims or mining locations within this State, by virtue of locating the same, or being located therein, and such deed shall, if otherwise sufficient in law, be held valid and sufficient to convey such interest fully and completely, and without the right of subsequent revocation, notwithstanding the minority of the grantor, subject, however, to the same pro- visions and limitations contained in the first section of this act. ACTIONS FOR TITLE AND POSSESSION. Application for Patent Jurisdiction of Court. Right of Possession. Section 1. In all actions brought to determine the right of possession of a mining claim, or metalliferous vein or lode, where an application has been made to the proper officers of the Government of the United States by either of the parties to such action for a patent for said mining claim, vein, or lode, it shall only be necessary to confer jurisdiction on the court to try said action, and render a proper judgment therein, that it ap- pear that an application for a patent for such mining claim, MINING LAWS OF NEVADA 75 vein, or lode has been made, and that the parties to said action are claiming such mining claim, vein, or lode, or some part thereof, or the right of possession thereof. Golden Fleece v. Cable Con. Mining Co., 12 Nev. 312; Rose v. Richmond Mining Co., 17 Nev. 25; Gottschall v. Mel- sing, 2 Nev. 185 ; Chase v. Savage S. M. Co., 2 Nev. 9 ; Bullion M. Co. v. Croesus G. & M. Co., 2 Nev. 168 ; Stone- cif er v. Yellow Jacket S. M. Co., 3 Nev. 39 ; Schissler v. Chesshire, 7 Nev. 434; Welland v. Huber, 8 Nev. 203; Rogers v. Cooney, 7 Nev. 213; Hamburg M. Co. v. Stevenson, 17 Nev. 450 ; Patchen v. Kelley, 19 'Nev. 404 : Deno v. Griffin, 20 Nev. 249; Jones v. Prospect Tunnel Co., 21 Nev. 339; South End Mining Co. v. Tinney, 22 Nev. 19 ; Abbott v. Primeaux, 16 Nev. 361 ; Steel v. Gold Lead G. & S. M. Co, 18 Nev. 80. Trial, When Postponed. Sec. 2. In actions involving the title to mining claims and quartz ledges, if it be made to appear to the satisfaction of the court that in order that justice may be done, and the action fairly tried on its real merits, it is necessary that further de- velopments should be made, and that the party applying has been guilty of no laches and is acting in good faith, the court shall grant the postponement of the trial of the action, giving the party a reasonable time in which to prepare for trial. And in granting such postponement, the court may, in its discretion, annex as a condition thereto, an order that the party obtaining such postponement shall not, pending the trial of the action, remove from the premises in controversy any valuable quartz, rock, earth, or ores, and for any violation of an order so made, the court or the judge thereof may punish for contempt, as in the cases of violation of an order of injunction, and may also vacate the order of postponement. Choate & Brown v. Bullion Mining Co., 1 Nev. 73; Silver Mining Co. v. Fall, 6 Nev. 116. STATUTE OF LIMITATIONS. Recovery of Mining Claims. Section 4. No action for the recovery of mining claims, or for the recovery of the possession thereof, shall be maintained, unless it shall appear that the plaintiff, or those through or from whom he claims, were seized or possessed of such mining claim, or were the owners thereof, according to the laws and customs of the district embracing the same, within two years 76 MINING LAWS OF NEVADA before the commencement of such action. Occupation and ad- verse possession of a mining claim shall consist in holding and working the same, in the usual and customary mode of holding and working similar claims in the vicinity thereof. All the provisions of this act, which apply to other real estate, so far as applicable, shall be deemed to include and apply to mining claims; provided, that in such application "two years" shall be held to be the period intended whenever the term "five years" is used; and, provided further, that when the term "legal title" or "title" are used, they shall be held to include title acquired by location or occupation, according to the usages, laws, and customs of the district embracing the claim. Bullion M. Co. v. Croesus G. & S. M. Co., 2 Nev. 169 ; Gott- schall v. Melsing, 2 Nev. 185 ; The 420 Mining Co. v. Bul- lion Mining Co., 9 Nev. 240 ; Abernathie v. Con. Virginia Mining Company, 16 Nev. 261. LIEN EXEMPTION INJUNCTION. Preferred Lien. Section 1. Where ore is delivered to a custom mill or re- duction works, and either sold to said mill or reduction works, or worked at a percentage, the party or parties so furnishing ore to mill or reduction works shall have a preferred lien upon the bullion product, and upon the ore not reduced, as against attachment and other creditors. Lien on Mine for Wages and Material. Sec. 2. All miners, laborers and others who work or labor to the amount of five (5) dollars or more in or upon any mine, or upon any shaft, tunnel, adit, or other excavation, designed or used for the purpose of prospecting, draining or working any such mine; and all persons who shall furnish any timber or other material of the value of five (5) dollars or more, to be used in or about any such mine, whether done or furnished at the instance of the owner of such mine or his agent, shall have, and may each respectively claim and hold, a lien upon such mine for the amount and value of the work or labor so perform- ed, or material furnished ; and every contractor, sub-contractor, architect, builder, or other persons, having charge or control or any mining claim, or any part thereof, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent of the owner, for the purposes of this chapter. Shyrme v. Occidental M. Co., 8 Nev. 219; Capon v. Stout. 11 Nev. 304 : Rosena v. Trowbridge, 20 Nev. 105 ; Lonkey v. Keyes S. M. Co., 21 Nev. 312. MINING LAWS OF NEVADA 77 Miner's Property Exempt from Execution. Sec. 3. The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars; also his sluices, pipes, hose, windlass, whim, derrick, cars, pumps, tools, implements, and appliances necessary for carrying on any kind of mining operations, not exceeding in value the aggregate sum of five hundred dollars, and two horses, mules, or oxen, with their harness, and food for such horses, oxen or mules for one month, when necessary to be used for any whim, windlass, derrick, car, pump, or hoisting apparatus, are exempt from execution. Injunction on Working of Mine. Sec. 4. If, upon the hearing of an application for an injunc- tion, or for the dissolution of an injunction, it does not satis- factorily appear that there is a sufficient cause for an injunc- tion, or if it appear that the extent of the injunction is too great, it shall be refused, dissolved, or modified, as the case may be, and upon all such applications in actions respecting mines, the court or judge hearing the same may, instead of granting or continuing the injunction, make an order requiring the party aga.inst whom the application is made to give a bond in an amount fixed by such court or judge, with sufficient sureties, to be approved by such court or judge, conditioned for the payment to the plaintiff of all damages which he may sustain by reason of the use or occupation of the mine, or other acts complained of, by the party giving the bond, his or its agents, servants, employees, grantees, or other persons by his or its consent pending the litigation, if the plaintiff finally re- cover; or that upon failure to give such bond within the time prescribed in the order, the injunction shall be granted, or con- tinued, as the case may be ; or the court or judge may appoint a receiver to take charge of the mine, or the proceeds thereof, pending the litigation. Sherman v. Clark, 4 Nev. 138. ASSAYING. Description of Bars of Bullion. Section 1. Every person or firm now engaged in, or who may hereafter engage in, the business of assaying within the State of Nevada, shall be required to place a written descrip- tion pasted on or stamped upon every bar of bullion or amal- gam melted, retorted, assayed, or refined by such person or firm. Neglect or Refusal. Sec. 2. Every person or firm within the State of Nevada, en- gaged in or carrying on the business mentioned in the first sec- 78 MINING LAWS OF NEVADA tion of this act, who shall neglect or refuse to comply with its provisions, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one thousand dollars and not more than five thousand dollars, and shall be imprisoned in the county, jail not less than one month nor more than six months, for each and every such re- fusal or neglect. (See page 109 of this book.) Kennedy v. Schwartz, 13 Nev. 229. FALSE STATEMENT REGARDING ORE. Changing Value of Ores a Misdemeanor Penalty. Section 1. Any person, corporation, or association, or the agent of any person, corporation, or association, engaged in the milling, smelting, sampling, concentrating, reducing, shipping or purchasing of ores in this State, who shall in any manne-r knowingly alter or change the true value of any ores delivered to him or them, so as to deprive the seller of the correct value of the same, or who shall substitute other ores for those delivered to him or them, or who shall issue any bill of sale or certificate of purchase, that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot or lots of ore purchased, or who, by any secret understanding, or agreement with another, shall issue a bill of sale or certificate of purchase that does not correctly and truthfully set forth the weight, assay value, and total amount paid for any lot or lots of ore purchased by him or them, shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in a sum not exceeding one thousand dollars, nor less than one hundred dollars, or im- prisonment in the county jail not more than one year, or both, at the discretion of the court. PARTITION OF MINING CLAIM. Action for Partition. Section 1. When the action is for partition of a mining claim among the tenants in common, joint tenants, coparceners or partners thereof, the court, upon good cause shown by any party or parties in interest, may, instead of ordering partition to be made in manner as hereinbefore provided, or a sale of the premises for cash, direct the referees to divide the claim in the manner hereinafter specified. Order of Court. Sec. 2. The court shall, in its order, or by a subsequent order made upon motion, fix the time for division of the claim by the MINING LAWS OF NEVADA 7!) referees, which shall not be less than twenty nor more than forty days from the day of making the order, except by consent of all the parties in interest who have appeared in the action. To Go on Claim. Sec. 3. On the day designated in the order, the referees shall go upon the claim to be divided, and proceed to make division of the same as hereinafter provided, and shall continue from day to day until the whole business is completed. Parties May Unite. Sec. 4. Two or more of the tenants in common, joint tenants, copartners or parceners ; may unite together for the purposes of such division, of which they shall give the referees written notice before they commence the business of division ; and all who do not unite as aforesaid, or give notice of separate action, shall, for the purposes of division, be deemed and held to have united. The referees in their action shall recognize those named in the order of the court, or their agents and attorneys in fact, duly appointed by instrument in writing under seal, and acknowledged as in cases of conveyances of real estate, the guardian of an infant, and the guardian entitled to the custody and management of the estate of an" insane person or other per- son adjudged incapable of conducting his own affairs, and as to the interest of each, shall be controlled entirely by the order of the court. To Select Place of Location. Sec. 5. At the time and place of division, one of the referees to be selected by them shall, in the manner of public auction, offer to the party or parties who will take the least part or portion of said mining claim in proportion to the interest he or they may have therein, the privilege of first selecting the place at which his portion shall be located, and upon closing the bids the referees shall proceed to measure and mark off, by distinct metes and bounds, to the lowest bidder, his or their portion of said mining claim, at the place designated by them or him, ac- cording to the terms of his or their bid. Duties of Referees. Sec. 6. When the referees have marked off and set apart the interest of the lowest bidder, as provided in the last section, they shall offer to the remaining parties the privilege of selec- tion as in said section mentioned and described, and shall, upon closing the bids, proceed in the same manner to locate and mark off the portion of the lowest bidder, and shall thereafter con- 80 MINING LAWS OF NEVADA tinue in the same manner to receive bids and mark off the in- terest of the bidder or bidders until there shall remain but one party in interest, or parties united, forming one interest, as provided in section four. Parties Remaining. Sec. 7. The party or parties remaining as provided in the last section, shall become the owner or owners, as the case may be, of the entire claim not marked off and set apart to other parties as hereinbefore provided, in proportion to their respect- ive interests in the claim. To Be Returned. Sec. 8. The referees shall return with their report in this act required to be made by them, the evidences of authority presented to them by which they claim the right to bid, or otherwise act, during the proceedings hereinbefore mentioned. DAMAGE TO OR TRESPASS ON MINING CLAIM. Manner of Working Mine Damages, How Assessed. Section 1. Any person or persons, company or corporation, being the owner or owners of, or in possession under any lease or contract for the working of any mine or mines within the State of Nevada, shall have the right to institute and maintain an action, as provided by law, for the recovery of any damages that may accrue by reason of the manner in which any mine or mines have been or are being worked and managed by any per- son or persons, company or corporation, who may be the owner or owners, or in possession of and working such mine or mines under a lease or contract, and to prevent the continuance of working and managing such mine or mines in such manner as to hinder, injure, or by reason of tunnels, shafts, drifts or exca- vations, the mode of using, or the character and size, of the timbers used, or in any wise endangering the safety of any mine or mines adjacent or adjoining thereto. And any such owner of, or in the possession of any mine or mining claim, who shall enter upon or into, in any manner, any mine or mining claim, the property of another, and mine, extract, excavate or carry away any valuable mineral therefrom, shall be liable to the owner or owners of any such mine or mines trespassed upon in twice the amount of the gross value of all such mineral mined, extracted, excavated, or carried away, to be ascertained by an average assay of the excatvated material or the ledge from which it is taken. As amended Stats. 1891, p. 37. MINING LAWS OF NEVADA 81 Lien of Judgment and Continuation Thereof. Sec. 2. Any judgment obtained for damages under the pro- visions of this act shall become a lien upon all the property of the judgment debtor or debtors, not exempt from execution, in the Territory of Nevada, owned by him, her, or them, or which may afterwards be acquired, as is now provided for by law, which lien shall continue two years, unless the judgment be sooner satisfied. Survey May be Applied For What Affidavit Shall State- Notice of Application, and How Served Order of Court- Costs. Sec. 3. Any person or persons named in the first two sec- tions of this act, shall have the right to apply for and obtain from any District Court, or the judge thereof, within this Ter- ritory, an order of survey in the following manner : An appli- cation shall be made by filing the affidavit of the person making the application, which affidavit shall state, as near as can be described, the location of the mine or mines of the parties com- plained of, and as far as known, the names of such parties; also, the location of the mine or mines of the parties making such application, and that he has reason to believe, and does be- lieve, that the said parties complained of, their agents or em- ployees, are or have been trespassing upon the mine or mines of the party complaining, or are working their mine in such manner as to damage or endanger the property of the affiant. Upon the filing of the affidavit as aforesaid, the court or judge shall cause a notice to be given to the party complained of, or the agent thereof, which notice shall state the time, place, and before whom the application will be heard, and shall cite the party to appear in not less than five nor more than leu days from the date thereof, to show cause why an order of survey should not be granted ; and upon god cause shown, the court or judge shall grant such order, directed to some competent sur- veyor or scurveyors, or to some competent mechanics, or miners, or both, as the case may be, who shall proceed to make the necessary examination as directed by the court, and report the result and conclusions to the court which report shall be filed with the clerk of said court. The costs of the order i'.nd survey shall be paid by the persons making the application, unless such parties shall subsequently maintain an action and recover damages, as provided for in the first two sections of this act, by reason of a trespass or damage done or threatened prior to such survey or examination having been made, and in that case, such costs shall be taxed against the defendant as 82 MINING LAWS OF NEVADA other costs in the suit. The parties obtaining such survey shall be liable for any unnecessary injury done to the property in the making of such survey. Rogers v. Cooney, 7 Nev. 213 ; Waters v. Stevenson, lo Nev. 157; Patchen v. Kelley, 19 Nev. 404. MAJORITY OWNERS OF MINE MAY CHANGE INTEREST OF MINORITY. (Act March 7, 1865, p. 228.) Mining Companies May Bring Suit. Section 1. When three or more persons, owning or claiming as joint tenants, tenants in common or corparceners, a majority of the number of feet, shares, or interests in any mining claim in this state, shall have formed, or shall hereafter form them- selves into a corporation or organized association, for the pur- pose of working and developing such mining claim, and shall actually proceed to work and develop the same, such corpora- tion or association may, without demand, except by commence- ment of action, institute in any court of competent jurisdiction, suit in its corporate or associate name, as upon an implied con- tract for the payment of money, against any person not a stock- holder in or member of such corporation or association owning or claiming to own in said mining claim as joint tenant, tentm 1 in common or coparcener, for his or her proportion of the money actually expended or indebtedness assumed by such co*-- poration or association, in the actual and necessary worl: 1 ig and development of said miuing claim. Money Expended or Indebtedness Assumed. Sec. 2. The proportion of money expended or indebtedness assumed by such corporation or association, and for the pay- ment of which such joint tenant, tenant in common or copar- cener, is made liable under the provisions of this act, shall be deemed such an amount of money or indebtedness as bears the same proportion to the whole amount of money expended or in- debtedness assumed, as the interest in the mining claim owned or claimed by such joint tenant, tenant in common or coparcen- er, bears to the whole of the mining claim. Who May Join in Suit Issue of Facts Judgment to Be Sep- arate. Sec. 3. Any number of such joint tenants, tenants in com- mon or coparceners, may be joined as parties defendant in any suit instituted under the provisions of this act ; but each de- MINING LAWS OF NEVADA 83 fendant shall be entitled to plead separately; and when the cause shall be tried by jury, as many of the separate issues of fact as may be agreed upon by the parties may be determined by the same jury. Judgment shall be rendered for or against each defendant separately, and the costs of suit may be appor- tioned among the several parties defendant, against whom judgment may be rendered, in such manner as to the court may appear just and equitable; provided, that in all cases the de- fendant, prior to the institution of suit under the provisions of this act, shall be entitled to three weeks' notice of the intention of such corporation or association to institute such suit, which notice may be either personally or by publication in some news- paper published in the county within which such mining claim is located ; and if none be published in said county, then in the nearest adjoining county. What Summons Shall Specify. Sec. 4. The summons shall specify: First, the amount of money actually expended, or indebtedness assumed, but such corporation or association, in the actual and necessary working and development of said mining claim ; and, second, the amount due from each joint tenant, tenant in common, or coparcener, as his or her proportion of such money or indebtedness. Where Suit to Be Brought Service of Summons. Sec. 5. All suits instituted under the provisions of this act shall be brought in the county within which the mining claim may be located; and where the defendant is a non-resident of the county within which the suit is brought, but a resident of the State, service of summons may be had personally, as in other cases, or by publication in the same manner as provided by law for service of summons by publication where the de- fendant is a non-resident of the State and a resident of the State of California ; and all of the provisions of law regulating proceedings in other civil cases chall, so far as the same are ap- plicable, apply to suits instituted under this act. Lien. Sec. 6. The amount of money expended or indebtedness as- sumed, by such corporation or association, as the proportion due from such joint tenant, tenant in common, or coparcener, for the actual and necessary working and development of said mining claim, shall be a lien in favor of such corporation or as- sociation upon the interest of such joint tenant, tenant in com- mon, or coparcener, in such mining claim, from the time such money was expended, or indebtedness assumed, by such cor- 84 MINING LAWS OF NEVADA poration or association; which lien shall bind such interest from the time of such payment or assumption as against any subsequent purchaser, mortgagee, or other person acquiring a lien upon, or title to, or interest, in, the same. Suit may be in- stituted against the person owning or claiming such interest at the time of the commencement of the action for the recovery of the whole amount due upon such interest; and all judgments rendered in any action instituted under the provisions of this act, and any execution issued thereon, shall bind and run against such interest, and no other property of the defendant shall be subject to execution on said judgment. Sales to Be Absolute. Sec. 7. All sales of any interest in a mining claim under an execution issued on a judgment obtained in any suit instituted under the provisions of this act shall be absolute, and the pur- chaser shall be entitled to the immediate possession of the in- terest purchased by him at such sale. Mallett v. Uncle Sam G. & S. M. Co., 1 Nev. 188. LIABILITY OF OWNER OF SHAFT. Safeguards to Be Erected. Section 1. Any person or persons, company or corporation, who shall hereafter dig, sink or excavate, or cause the same to be done, or being the owner or owners, or in the possession, under any lease or contract of any shaft, excavation, or hole, whether used for mining or otherwise, or whether dug, sunk or excavated for the purpose of mining, to obtain water, or for any other purpose, within this State, shall, during the time they may be employed in digging, sinking or excavating, or after they may have ceased work upon or abandoned the same, erect, or cause to be erected, good and substantial fences, or other safeguards, and keep the same in god repair, around such works or shafts, sufficient to securely guard against danger to persons and animals from falling into such shafts or excava- tions. Notices of Violation of Preceding Section May Be Filed. Sec. 2. Any person being a resident of the county, and knowing, or having reason to believe, that the provisions of section one of this act are being or have been violated within such county, may file a notice with any justice of the peace or police judge therein, which notice shall be in writing, and shall state : First The location, as near as may be, of the hole, exca- vation or shaft. Second That the same is dangerous to per- MINING LAWS OF NEVADA 85 sons or animals, and has been left, or is being worked, contrary to the provisions of this act. Third The name of the person or persons, company or corporation, who is or are the owners of the same, if known, or if unknown, the persons who were known to be employed therein. Fourth If abandoned, and no claimant; and, Fifth The estimated cost of fencing or other- wise securing the same against any avoidable accident. Judge to Issue Order. Sec. 3. Upon the filing of the notice, as provided for in the preceding section, the justice of the peace, or judge of the po- lice court, shall issue an order, directed to the sheriff of the county, or to any constable or city marshal therein, directing such officer to serve a notice, in manner and form as is pre- scribed by law for service of summons upon any person or per- sons, or the authorized agent or agents, of any company or corporation named in the notice on file, as provided in section two of this act. What Notice Shall Require. Sec. 4. The notice thus served shall require the said persons to appear before the justice or judge issuing the same, at a time to be stated therein, not more than ten nor less than three days from the service of said notice, and show, to the satisfaction of the court, that the provisions of this act have been complied with, or if he or they fail to appear, judgment will be entered against him or them for double the amount stated in the notice on file; and all proceedings had therein shall be as prescribed by law in civil cases ; and such persons, in addition to any judg- ment that may be rendered against them, shall be liable and subject to a fine, not exceeding the sum of one hundred dollars for each and every violation of the provisions of this act, which judgments and fines shall be adjudged and collected as pro- vided for by law. Suits to Be in the Name of the State. Sec. 5. Suits commenced under the provisions of this act shall be in the name of the State of Nevada, and all judgments and fines collected shall be paid into the county treasury for county purposes. County Commissioners Shall Fence Abandoned Excavations. Sec. 6. If the notice filed with the justice of the peace or police judge, as aforesaid, shall state that the excavation, shaft or hole has been abandoned, and no person claims the owner- ship thereof, said justice of the peace, or judge, shall notify the 86 MINING LAWS OF NEVADA board pf county commissioners of the county, or either of them, of the location of the same, and they shall, as soon as possible thereafter, cause the same to be so fenced or otherwise guarded as to prevent accidents to persons or animals ; and all expenses thus incurred shall be paid, first, out of the fines and judg- ments collected in accordance with the provisions of this act, as other county expenses; provided, that nothing herein con- tained shall be so construed as to compel the county commis- sioners to fill up, fence or otherwise guard any shaft, excava- tion or hole unless in their discretion the same may be con- sidered dangerous to persons or animals. CAGE TO BE USED IN SHAFT. Cages to Be Provided by Mining Companies. Section 1. It shall be unlawful for any person or persons, company or companies, corporation or corporations, after the first day of July, A. D. Nineteen hundred and five, to sink or work through any vertical shaft at a greater depth than three hundred and fifty feet, unless the said shaft shall be provided with an iron bonneted safety cage, to be used in the lowering and hoisting of the employees of such person or persons, com- pany or companies, corporation or corporations. The safety apparatus shall be securely fastened to the cage, and shall be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk. In any shaft less than three hundred and fifty feet deep, where no safety cage is used and where crosshead or cross- heads are used, platforms for employees to ride upon in lower- ing and hoisting said employees shall be placed above said crosshead or crossheads; the provisions of this Act requiring the placing of said platforms on said crosshead or crossheads not later than the first day of July, A. D. Nineteen hundred and five. Failure to Comply Penalties. Sec. 2. Any person or persons, company or companies, cor- poration or corporations, or the managing agent of any person or persons, company or companies, corporation or corporations, violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of five hundred dollars, or imprisoned in the county jail for the term of six months, or by both such fine and im- prisonment. Damages to Be Recovered. Sec. 3. Nothing contained in this act shall be so construed as to prevent recovery being had in a suit for damages for in- MINING LAWS OF NEVADA 87 juries sustained by the party so injured, or his heir or adminis- trator or administratrix, or any one else now competent to sue in an action of such character. Patnode v. Harter, 20 Nev. 303. CORPORATIONS FOR MINING AND MILLING. (Act of March 3, 1866, p. 204.) For latest Corporation Laws of Nevada see Session Laws, 1903, p. 121; 1903, p. 325; 1907, pp. 109, 190, 227, 228. Power to Purchase and Hold Mining Property. Section 1. All corporations for the purpose of mining, formed, or which may be hereafter formed, under the laws of the State of Nevada, or which were formed under the laws of the Territory of Nevada, shall have power to purchase and hold such mining property as they may deem meet. How Exercised. Sec. 2. The power to make such purchases by any corpora- tion shall be exercised only by a majority, in interest, of all the stockholders in any such corporation, or by such person or per- sons as may, by such majority, be duly appointed to act in their stead. Smith v. North Am. M. Co., 1 Nev. 424 ; Robinson v. Imper- ial S. M. Co., 5 Nev. 44; Corey v. Curtis, 9 Nev. 325; Sutro Tunnel Co. v. Seg. Belcher M. Co., 19 Nev. 121. Capital Stock. Sec. 3. In corporations already formed, or which may here- after be formed under this act, or otherwise, for mining pur- poses, where the amount of the capital stock of such corpora- tion consists of the aggregate valuation of the whole number of feet, shares, or interest in any mining claim in this State, for the working and development of which such corpora- tion shall be, or has been formed, no actual subscrip- tion to the capital stock of such corporation shall be neces- sary; but each owner in said mining claim shall be deemed to have subscribed such an amount to the capital stock of such corporation as under the by-laws will represent the value of so much of his or her interest in said mining claim, the legal title to which he or she may, by deed, deed of trust, or other instru- ment, vest, or have vested in such corporation, for mining pur- poses; such subscription to be deemed to have been made and to have been fully paid on the execution and delivery to such corporation and its acceptance by such corporation of such deed, deed of trust, or other instrument, nor shall the validity of any assessment levied, or which may hereafter be levied, 88 MINING LAWS OF NEVADA by the board of directors or trustees of such corporation, pro- vided such corporation has the right and power to levy assess- ments, be affected by reason of the fact that the full amount of the capital stock of such corporation, as mentioned in its certificate of incorporation, shall not have been subscribed, as provided in this section ; provided that the greater portion of said amount of capital stock shall have been subscribed; and, provided further, that this section shall not be so construed as to prohibit the stockholders of any corporation formed, or which may be formed for mining pur- poses, as provided in this section, from regulating the mode of making subscriptions to its capital stock and calling in the same by by-laws or expressed contract. Provided, further, that no corporation hereafter formed shall ever have power to assess paid-up stock unless in its original articles or certificate of incorporation such power is reserved, and no amendment of such original in this respect, or to give such power shall ever be made. O'Meara v. North American M. Co., 2 Nev. 113. To Be Governed by District Mining Laws Proviso. Sec. 4. All corporations already formed, or which may here- after be formed under this act for mining purposes, shall be governed by the mining laws of the district where the mine is located. Rights of Corporations. Sec. 5. Corporations already formed or hereafter incor- porated under the provisions of this act for mining, milling or ore reduction purposes, may subscribe to and become stockholders in any corporation, company or association now formed, or which may hereafter be formed, for the purpose of constructing any tunnel, shaft or other work, which may be calculated to aid or facilitate the exploration, develop- ment or working of any mine or mining ground in this State; and any corporation so becoming a stockholder therein shall, in proportion to its interest, be subject to all the liabilities and entitled to all the rights and privileges of an individual stock- holder. Trustees to Convey Property on Dissolution. Sec. 6. When any mining incorporation, holding or working any mine or mines in this State, shall disincorporate under the provisions of this act, the board of trustees of said corporation shall convey by deed to the stockholders of said company all mines and other property of said corporation, in proportion to the amount of stock each stockholders shall hold in the mine MINING LAWS OF NEVADA 89 or mines and other property owned by said corporation, which deed shall be recorded in the office of the county recorder of the county in which the mine is located. Mining Companies May Sue Delinquents. Sec. 7 Corporations, and associations, and companies, form- ed for mining purposes, are hereby authorized, in their corpor- ate or associated name, to institute suits against any one or more of their members who may be delinquent in the payment of their assessments. Welland v. Huber, 8 Nev. 203. Intention of Suit to Be Published. Sec. 8. Before such suit is brought before any court having jurisdiction of the amount, such delinquent, and the amount he may owe, and the intention to institute suit thereon, shall be advertised in a newspaper published in the county where the mining claim is located, and if no newspaper be published in the county, then in a newspaper published in the nearest ad- joining county, for at least once a week for one month before such suit is instituted. Majority of Members to Authorize Suit. Sec. 9. It shall be proved on the trial of such suit that the trustees or managing agents of said corporation, or association, or company, were fully authorized to institute such suit by a majority of the members of said corporation, or association, or company. Competent Witnesses. Sec. 10. The members of such corporation, association, or company shall be competent witnesses to establish the assess- ment and indebtedness of the delinquent member. Application of Act. Sec. 11. This act shall apply only to corporations, associa- tions and companies who are actually engaged in mining and for delinquency in assessments for mining. Chill v. Hirshman, 6 Nev. 57. CORPORATIONS MAY CONSOLIDATE. Two or More Mining 1 Companies May Consolidate Consent of Stockholders Required Notice by Advertisement Cer- tificate, When Filed How Signed Boards of Trustees or Directors Certificate, What to Contain. Section 1. It shall be lawful for two or more corporations formed, or that may be hereafter formed, under the laws of this 90 MINING LAWS OF NEVADA State for mining purposes, which own or possess mining claims or lands adjoining each other or lying in the same vicinity, to consolidate their capital stock, debts, property, assets and fran- chises in such a manner and upon such terms as may be agreed upon by the respective boards of directors or trustees of such companies so desiring to consolidate their interests; but no such consolidation shall take place without the consent of stockholders representing two-thirds of the capital stock of each company, and no such consolidation shall in any way re- lieve such companies or the stockholders thereof from any and all just debts and liabilities; and, in case of such consolidation, due notice of the same shall be given by advertisement for at least twenty days in one newspaper in the county and state where the said mining property is situated if there be one pub- lished therein and also in one newspaper published in the county where the principal place of business of any of said companies shall be ; and when the said consolidation is completed a certifi- cate thereof, containing the manner and terms of said consoli- dation shall be filed in the office of the county clerk of the county in which the original certificate of incorporation of anv of said companies shall be filed, and a copy thereof shall be filed in the office of the secretary of state. Such certificate shall be signed by a majority of each board of directors of the original companies, and it shall be their duty to call, within thirty days after the filing of such certificate, and after at least ten days public notice in some newspaper in the county where its prop- erty is situated, a meeting of the stockholders of all of said companies so consolidated, to elect a board of trustees or di- rectors for the consolidated company for the year next ensuing. Said certificate shall also contain the name of the company, the object for which it, the same, has been formed, which shall be the same as the original corporations, the amount of its capital stock, the time of its existence (not to exceed fifty years), the number of shares of which the capital stock shall consist, the number of trustees or directors who shall manage the affairs of the company for the first year, and the name of the city or town in which the principal place of business of the company is to be located. Written Consent of Stockholders Proxy. Sec. 2. When two or more companies may desire to consoli- date in accordance with the provisions of section one of this act, and shall have given the required notice, as in said section provided, any stockholder consenting thereto shall be required to give his consent in writing, stating the number of shares held MINING LAWS OF NEVADA 91 by him, and that he is in favor of such consolidation ; provided, that any and all stock standing in the name of trustees may be voted by such trustees the same as by the owners thereof, and the consent of such trustees shall be equivalent to the consent of such owners ; and provided further, that any person holding the general proxy of any stockholders shall be entitled to give or refuse his consent to such consolidation, the same as the owner of such stock for which said proxy is held. Foreign Corporations May Consolidate With Home Corpora- tionsAgent to Be Appointed, When Penalty. Sec. 3. The provisions of this act shall be construed to per- mit and allow foreign corporations, owning mining property in this State, to consolidate with corporations organized under the laws of this State ; provided, that in all such cases the principal place of business of such consolidation, when 'effected, shall be located in the State of Nevada, or in the State where such foreign corporation desiring such consolidation resides, as may be determined by a vote of two-thirds of the stockholders -of such consolidation after the same shall be completed, and in case it shall be determined upon such vote being had, to re- move the principal place of business of such consolidation out of this State, the certificate provided for in section one shall be amended so as to show the county and State where the prin- cipal place of business is located ; and provided further that in case the principal place of business of such corporation shall be removed out of this State there shall be an agent of such corporation appointed in this State in the county where its property is situated, upon whom all legal process may be served, and the failure of such corporation to appoint such agent shall subject it to a fine of fifty dollars per day, to be recovered in the name of the State of Nevada, as in other cases of fines and penalties. Paxton v. Bacon M. & M. Co., 2 Nev. 257. TAXATION. For the laws of taxation on proceeds of mining claims see page 162, Statutes of 1891, Laws of Nevada. EMINENT DOMAIN. For what purposes right of eminent domain may be used see Statutes of 1907, page 279. See the same act for proceed- ings in court. MINER MAY ENTER AGRICULTURAL OR GRAZING LAND. Section 1. Any person now legally occupying and settled upon, or who may hereafter occupy or settle upon, any of the public lands in this State, for the purpose of cultivating or 92 MINING LAWS OF NEVADA grazing the same, may commence and maintain any action for interference with, or injuries done to, his or her possession of said land, against any person or persons so interfering with or injuring such land or possession ; provided, that if the lands so occupied and possessed contain mines of any of the precious metals, the possession or claim of the person or persons occupy- ing the same, for the purposes aforesaid, shall not preclude the working of such mines by any person or persons desiring so to do, as fully and unreservedly as they might or could do had no possession or claim been made for grazing or agricultural pur- poses. May Enter Upon Mineral Lands Compensation for Injury. Sec. 2. The several grants made by the United States to the State of Nevada reserved the mineral lands. Sales of such lands made by the State were made subject to such reservation. Any citizen of the United States, or person having declared his in- tention to bzecome such, may enter upon any mineral lands in this State, notwithstanding the State's selection, and explore for gold, silver, copper, lead, cinnabar, or other valuable min- eral, and upon the discovery of such valuable mineral, may work and mine the same in pursuance of the local rules and regulations of the miners and the laws of the United States; provided, that after a person who has purchased land from the State has made valuable improvements thereon, such improve- ments shall not be taken or injured without full compensation. But such improvements may be condemned for the uses and purposes of mining in like manner as private property is by law condemned and taken for public use. Mining for gold, silver, copper, lead, cinnabar, and other valuable minerals is the para- mount interest of this State, and is hereby declared to be a pub- lic use. Stats. 1887, p. 102. State Disclaims Interest in Mineral Lands. Sec. 3. Every contract, patent or deed hereafter made by this State or the authorized agents thereof, shall contain a pro-- vision expressly reserving all mines of gold, silver, copper, lead, cinnabar and other valuable minerals that may exist in such land, and the State, for itself and its grantees, hereby disclaims any interest in mineral lands heretofore or hereafter selected by the State on account of any grant fro mthe United States. All persons desiring titles to mines upon lands which have been selected by the State must obtain such title from the United States, under the laws of congress, notwithstandingn such se- lection. Stats. 1897, p. 36. Heydenfeldt v. Daney G. & S. M. Co., 10 Nev. 290. MINING LAWS OF NEVADA 93 TRESPASS ON PATENTED MINING GROUND. Statutes 1901, p. 118. Trespassing a Misdeameanor. Section 1. Any person or persons knowingly and unlawfully trespassing upon any mining ground for which a United States mineral patent has been issued shall be guilty of a misde- meanor. Sec. 2. Any person or persons knowingly and unlawfully entering and trespassing upon any mining ground for which a United States mineral patent has been issued, and removes therefrom any soil, substance, or mineral of any kind or char- acter whatever or interferes in any manner with the workings of said patented mine, or places in any shaft, cut, tunnel or workings of said patented mine any obstruction to the develp- nient or free use and occupancy of the same by the lawful own- ers or their legal agents or representatives, shall be deemed guilty of misdemeanor, and upon conviction thereof shall be fined in the sum of three hundred dolars or imprisoned in the county jail for the term of six months, or by both such fine and imprisonment. Applies to Esmeralda County. Sec. 3. The provisions of this Act shall only apply to counties that cast between 400 and 425 votes for Members of Congress, at the general election held in 1900. LEGAL DAY'S WORK. Statutes 1903, p. 33. Eight Hours a Legal Day's Labor in Underground Mines. Section 1. The period of employment of working men in all underground mines or workings shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger. Same in Smelters, Etc. Sec. 2. The period of employment of working men in smel- ters and in all other institutions for the reduction or refining of ores or metals shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger. Misdemeanor Penalty. Sec. 3. Any person who violates either of the preceding sec- tions of this Act, or any person, corporation, employer or his or its agent, who hires, contracts with, or causes any person t and each Inspector and deputies shall, and each of them, have had at least seven years' actual experience in underground workings, and shall make his affidavit before a proper officer to that effect before he shall be qualified to act as such In- spector, or Deputy Inspector, as herein provided. And such Inspector shall devote his whole time to the duties of his office, and shall take and subscribe to the following oath: STATE OF NEVADA, \ County of \ ss " I, , of County, do solemnly swear that I will perform each and every duty required of me as Inspector of Mines for the State of Nevada ; that I will at all times while acting in my official capacity fulfill the duties of such office according to the law and to the best of my skill and understanding ; that I will never at any time while holding the office of Inspector of Mines disclose to any one, directly or indirectly, under any circumstances any information relative to ore bodies, shoots or deposits of ore or the location, course or character of underground workings, or give my opinion founded on any examination made in the performance of my official duties relative to the value of any mine or mining property, unless by permission of the person or persons in charge of the same. To all of which I pledge my sacred honor. So help me, God. Nothing in said oath, however, shall be construed to prevent such Mining Inspector from making full and complete statis- tical reports as required by law. Mines To Be Inspected at Least Once Annually. Sec. 4. It shall be the duty of the Inspector of Mines at least once a year, to visit in person each mining county in the State of Nevada and examine all such mines therein as, in his judgment, may require the examination for the purpose of determining the condition of such mines as to safety, and to collect information and statistics relative to mines and mining and the mineral resources of the State, and to collect, arrange and classify mineral and geological specimens found in this State and to forward the same to the State School of Mines, and it shall be the duty of the Inspector of Mines to establish a uniform code of signals. Inspector To Have Full Power To Enter All Mine Workings- Notice Served on Manager of Unsafe Mine Penalty for Non-compliance. Sec. 5. Said State Inspector shall have full power and authority at all hours, to enter and examine any and all mines in this State, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts, workings and machinery for the purpose of such examination ; and the owner, lessor, lessee, agent, manager or other person 100 MINING LAWS OF NEVADA in charge of such mine or mines shall render the Inspector such assistance as may be required by the Inspector to enable him to make a full, thorough and complete examination of each and every part of such mine or mines; and whenever, as the result of the examination of any mine (whether such examina- tion is made in consequence of a complaint, as hereinafter provided, or otherwise), the Inspector shall find the same to be in an unsafe condition, he shall at once serve, or cause to be served, a written notice upon the owner, lessor, lessee, agent, manager, or other person in charge of such mine, stating in .detail in what particular or particulars the mine is dangerous or insecure, and shall require all necessary changes to be made, without delay, for the purpose of making said mine safe for the employees therein. Upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge .so notified to comply with the requirements stated in such notice so served, such owner, lessor, lessee, agent, manager, or other person in charge of such mine, shall be deemed guilty of a misdemeanor, and is punishable by a fine of not more than five hundred dollars; and each day's continuance of such neglect or refusal shall be a separate offense; and in case of any criminal or civil pro- ceedings at law against the party or parties so notified, on account of the loss of life or bodily injury sustained by any employee subsequent to the service of such notice, and in con- sequence of a neglect or refusal to obey the Inspector's re- quirements, a certified copy of the notice served by the Inspector shall be prima facie evidence of the culpable negli- gence of the party or parties so notified. Inspector To Have Office at Capitol Mine Owners to Report. Sec. 6. The Inspector of Mines shall be provided with a properly furnished office at the State House in Carson City, Nevada, in which he shall carefully keep a complete record of all mines examined, showing the date of examination, the MUM! it inns in which the mines were found, the manner and method of working, the extent to which the laws are obeyed, ;md what recommendations, if any, were ordered by the In- spector. It is hereby made the duty of the owner, lessor, . ajrent, manager or other person in charge of each and every mine, of whatever kind or character, within the State, to forward to the Inspector of Mines at his office, not later than the first day of June in each year, a detailed report showing the character of the mine, the number of men then <-)ii|)loyed and the estimated maximum number of men to be employed therein during the ensuing year, the method of workinir such mine and the general condition thereof, and such owner, lessor, lessee, agent, manager or other person in charge of any mine within the State must furnish whatever MINING LAWS OF NEVADA KM information relative to such mine ;is the Inspector of Mines may from time to time require for his guidance in the proper discharge of his official duties. Complaint as to Dangerous Mines Inspector To Serve Notice- Names of Complainants Kept Secret. Sec. 7. Whenever the Inspector of Mines shall receive a formal complaint in writing, signed by one or more persons, setting forth that the mine in which he is employed is danger- ous in any respect, he shall, in person, visit and examine such mine; Provided, every such formal complaint shall in all cases specifically set forth the nature of the danger existing at the mine, and shall describe with as much certainty as possible the conditions rendering such mine dangerous, and shall set forth the time when such danger was first observed. and shall distinctly set forth whether or not any notice of such defect or danger has been given by the complainants or any one else to their knowledge to the superintendent or other person in charge of such mine, and if no such complaint has been made to such superintendent or other person in charge, the reason why it has not been made. After such complaint shall have been received by the Inspector of Mines, it shall be the duty of such Inspector to serve a certified copy thereof, upon the owner, lessor, lessee, agent, manager, or other person in charge, and, as soon as possible, after receiving such com- plaint, to visit and examine such mine; and if from such examination he shall find such complaint to be just, he shall give notice in writing of the danger existing, to the owner. lessor, lessee, agent, manager, or other person in charge thereof, and in such notice may, in his discretion, order such mine or workings in which danger exists, closed until danger has been removed. The names of the complainants complaining as in this section provided, shall not. under any circumstances, be divulged to any person by said Inspector except such action be necessary in the administration of justice in the courts of the State. Non-compliance With Notice, How Prosecuted. Sec. 8. It shall be the duty of the Inspector of Mines upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge of any mine or workings. notified of the unsafe or dangerous condition of his mine, promptly to comply with the requirements of the notice served upon him, to at once notify the Attorney-General of such neglect or refusal, and the Attorney-General or the District Attorney of the county in which said mine is situated, at the instigation of the Attorney-General, must thereupon imme- diately commence action in the name of the State against the party so notified for the enforcement of the penalty mentioned 102 MINING LAWS OF NEVADA in section five, in any court of competent jurisdiction. And it shall be the duty of the Inspector of Mines, upon the neglect or refusal of any owner, lessor, lessee, agent, manager or other person in charge of any mine or workings, notified of the unsafe or dangerous condition of his mine, promptly to comply with the requirements of the notice served upon him, to at once notify the Attorney-General of such neglect or refusal, and the Attorney-General must thereupon immediately com- mence action in the name of the State against the party so notified for the recovery of the penalty mentioned in section five, in any court of competent jurisdiction, and the amount so recovered shall be paid into the General School Fund of the State and constitute a part thereof. Deputy Inspector Salary. Sec. 9. The Inspector of Mines shall appoint a Deputy Inspector who shall receive a salary not to exceed two hun- dred dollars per month as full compensation for all services, and traveling expenses while in the discharge of his duty. Inspector To Attend Coroner's Inquest Testimony. Sec. 10. Whenever a serious or fatal accident shall occur in any mine in the State of Nevada, it shall be the duty of the owner, lessor, lessee, agent, manager or other person in charge thereof immediately and by the quickest means, to notify the Inspector of Mines, or his deputy, as may be most convenient, of such accident; and the Inspector or his deputy, or both, shall at once repair to the place of accident and investigate fully the cause of such accident; and the Inspector, or his deputy, shall be present at any Coroner's inquest held over the remains of any person or persons killed in any such accident, and shall have power at such inquest to examine and cross- examine witnesses, and may have process to compel the attend- ance of necessary witnesses at such inquest. If the Inspector or Deputy Inspector cannot be immediately present in case of a fatal or serious accident occurring, it shall be the duty of the owner, lessor, lessee, agent, manager, or person in charge of the mine in which such accident has occurred, to have statements made and verified by those witnessing such acci- dent; in case of no persons being present at the time of the accident, then the statement of those first present thereafter shall be taken, which statement shall be verified, and such verified statements shall be placed in the hands of the In- spector, or Deputy Inspector, upon the demand of such officer. Whenever any Deputy Inspector is present at any Coroner's inquest and assists in the examination, he shall, at the con- elusion thereof, at once prepare and forward to the Inspector a full and detailed report of the accident, giving all informa- tion obtainable regarding the same. MINING LAWS OF NEVADA 103 Annual Report of Inspector What To Contain. Sec. 11. The Inspector of Mines shall, on the first Monday of December of each year, file with the Governor of the State a printed report giving: First A list of all accidents that have occurred during the year, the nature and cause of the same, together with the persons killed and injured. Second The number of mines visited or examined during the year, the number of mines in operation, and the number of mines idle, the number of men employed, the wages paid and the nationality of the employees. Third The name and location of each mine in the State which has been examined and from which the Inspector has received a report as provided in section six of this Act, and all data possible in regard to the manner of working the same, whether by shaft, tunnel, incline, or otherwise; the condition of the hoisting machinery, boilers, whims, engines, cars, buckets, ropes and chains used in the mines; also the appli- ances used for the extinguishing of fires; the manner and method of working and timbering the shafts, drifts, inclines, stopes, winzes, tunnels and upraises through which persons pass to and fro while engaged in their daily labor ; the charac- ter of the exits from the mine, and the methods of ventilation and the system of signals used in the mine. Fourth The number and character of notices served, to- gether with suggestions and recommendations made; the man- ner in which such suggestions and recommendations were complied with. Fifth The number of complaints received and the actions therein. Sixth The number of prosecutions for neglect or refusal to comply with notices. Seventh A summary of the reports received from mine owners and Deputy Inspector. Eighth A full statement containing all available statistical and other information calculated to exhibit the mineral re- sources of the State and to promote the development of the same. Ninth Generally, such other information and suggestions as may be deemed advisable. Not To Apply to Certain Mines. Sec. 12. This Act shall not apply to any mine which is worked exclusively by the owners, or lessees of the owners, and where no men are employed working in said mine for wages. 104 MINING LAWS OF NEVADA Governor To Appoint Inspector Popular Election in 1910. Sec. 13. Within twenty days from and after the passage- of this Act, the Governor shall appoint said Mining Inspector, who shall hold office until December 31, 1910, and at the next general election held in this State, and every two years there- after, the office of Inspector of Mines mentioned in this Act shall be filled by election by the qualified electors of the State of Nevada, as other State officers are now elected, and the State Controller is hereby authorized and directed to draw his warrants for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same. CORPORATIONS MUST FILE STATEMENTS. (Act of 1909.) All Mining Corporations To File Statements With State and County What Statement Shall Contain Affidavit What Must State. Section 1. Every corporation owning, claiming, holding, leasing or engaged in the business of working or developing any mining claim or mining property, or interest therein, in the State of Nevada, and selling or offering for sale, either directly or indirectly, any of its shares or capital stock, shall, during the months of June and November of each calendar year hereafter, file in the office of the County Kecorder of each county wherein such mining property is situated, and in the office of the Attorney-General of this State, a statement duly subscribed and sworn to before a Notary Public (or other officer authorized by law to administer oaths) by its president (or vice-president) and its secretary, if it is a, domestic corpo- ration, and also by its resident agent, if a foreign corporation, which shall contain the following facts and information: (a) The name of each mining claim and the total number of such claims or fractions thereof owned or leased, and the number thereof being worked and developed, also the county and mining district (if there be one) wherein said claims are located, and the nearest postoffice and the distance therefrom, as near as can be ascertained. (b) The nature of the title thereof, or interest therein, whether leasehold or otherwise, also the date each claim or in- terest therein \v;is purchased, leased or otherwise acquired l>y such corporation. (c) The character, value and a general description of all buildings, works, machinery and other improvements on each unpatented claim, and the character, value and a general description of all buildings, works, machinery and other im- provements hrin j: actually used or operated by such corpora- tion on its patented ground, taken as a whole. MINJNG LAWS OF NEVADA 105 (d) The total number of days labor employed and expended in actual developing the mineral resources of each unpatented mining claim, if any, and of the entire patented property, if any, during the six months next preceding, and the total sum of money, or other valuable consideration, given or paid out therefor. (e) The total number of shares such corporation is by law authorized to issue, and the different classes and par value thereof. (f ) The total number of shares of stock originally set aside by such corporation, if any, in its treasury or otherwise, to sell or otherwise dispose of for the purpose of working, developing or otherwise improving any patented or unpatented mining claim or claims, owned or leased or being worked or developed by such corporation, and the total amount of money realized from the sale of any portion thereof during the six months next preceding. (g) The total number of shares of treasury stock sold, the price thereof per share, and the total sum of money or other consideration received therefor during the six months next pre- ceding the date of filing of the statement herein required, ;m any of its stock or shares for the promotion or development of any such mining claim, shall print or stamp across the face of each certificate of its treasury stock or shares (as defined by this Act) the words "Treasury Stock" in English letters or characters at least one-half of an inch in height, and not less than one-eighth of an inch in width, said letters or characters to be printed or stamped as aforesaid in ink of a conspicuously different color than the ink used in printing, writing or stamping the body or other matter printed, stamped or written thereon. ''Promotion Stock." Sec. 4. From and after the 15th day of April, A. D. 1909, every corporation owning, leasing, working or developing any patented or unpatented mining claim in this State, and selling or offering for sale, either directly or indirectly, or authorizing or causing to be issued or sold, any stock or shares therein that has not been specifically set aside by such corporation for the purpose of raising money or means for the development of the mineral resources of such mining claim or claims, or for making necessary improvements thereon, shall print or stamp across the face of each certificate so issued or authorized to be issued, sold, or offered for sale, as aforesaid, the words "Pro- motion Stock" in English letters or characters at least one- half of an inch in height, and one-eighth of an inch in width, and said letters or characters to be printed or stamped thereon LAWS or NEVADA ID; as aforesaid, in ink of a conspicuously different color than the ink used in printing- or writing or stamping the body <>r other matter printed, stamped or written thereon. Definitions of Kinds of Stock. Sec. 5. All stocks or shares of every mining corporation doing business in this State that have been or shall be specific- ally set aside to sell for money or other valuable consideration, and the proceeds of which are to be used for the actual devel- opment of the mineral resources of any mining claim or for the purpose of making necessary improvements thereon. U hereby deemed and declared to be treasury stock, and all other stock of such corporation is hereby deemed and declared to be promotion stock, within the meaning of this act. All Stock Must be Plainly designated. Sec. 6. From and after the 15th day of April, 1909, it shall be unlawful for any corporation, or any officer, agent, or director thereof, owning, claiming, leasing, or working, or developing any mining property in the State, to issue any written or printed certificate representing one or more shares of its stock, or to sell or offer for sale any certificate thereafter issued by any such corporation, upon which certificate is not stamped or printed the words "Treasury Stock" or k * Pro- motion Stock," as defined and required by the provisions of this Act, and it shall be unlawful for any person, or any officer, agent, or director of any corporation subject to this Act to so stamp or print any such certificate as "Treasury" stock when in fact the same represents "Promotion" stock, or to so stamp or print any such certificates "Promotion" stock when in fact the same represents "Treasury" stock, as said classes of stock are defined by Section 5 hereof. This Act Mandatory Penalties. Sec. 7. Each and every provision of this Act is hereby declared to be mandatory, and the officer or agent of any mining corporation subject to the provisions hereof who shall fail or neglect to execute and to file the statement or affidavits required by sections 1 and 2 of this Act, or to otherwise comply with all other provisions hereof, or who shall willfully do or perform any act or thing herein declared to be unlawful, shall be deemed guilty of a misdemeanor, and shall upon con- viction be fined in any sum not less than $100 nor more than $500, or shall be imprisoned in the county jail for a period of not less than fifty days, nor more than six months, or be punished by both such fine and imprisonment. Further Penalties. Sec. 8. Any person who shall act as agent for any foreign corporation, subject to the provisions of this Act, that has not strictly complied with sections one and two hereof shall be 108 MINING LAWS OF NEVADA deemed guilty of a misdemeanor, and shall be fined in any sum not less than $100 nor more than $500, or be confined in the county jail for a term of not less than fifty days nor more than six months, or by both such fine and imprisonment. Same. Sec. 9. Every corporation, domestic and foreign, violating any of the provisions or requirements of this Act, shall forfeit to the State of Nevada the sum of one-thousand ($1,000) dol- lars and cost of suit, to be recovered in an action in the name of the State instituted by the Attorney General, or any District Attorney at the request of the Attorney-General ; nor shall any such corporation failing to comply with Sections 1 and 2 of this Act maintain or defend any action in any court of this State; provided, that upon the production of a certificate of the County Eecorder that the statements and affidavits required by said sections have been duly filed (except as to the time the same was required to be filed) any such action may be main- tained or defended; provided, that the provisions of this Act shall not apply to any action now pending. Same. Sec. 10. Any person, other than those mentioned in Section 7 of this Act, who shall violate any provision hereof shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than $100 nor more than $500, or by imprison- ment in the county jail not less than fifty days nor more than six months, or by both such fine and imprisonment. District Attorneys and Attorney-General Must Prosecute. Sec. 11. The District Attorney of each county in this State shall strictly enforce the provisions of this Act, and in the event of the failure or refusal of any such officer so to do when complaint is duly made and sufficient legal evidence is obtainable, he shall be deemed guilty of misdemeanor in office and subject to removal and punishment, as otherwise provided by law, and it shall be the duty of the Attorney-General, in such case, to forthwith prosecute such violation of this Act, Jind to proceed to prosecute such District Attorney for misde- meanor in office as aforesaid. MINERAL LAND COMMISSIONER. Chapter xx. An Act creating the office of Mineral Land Commissioner, defining his duties, etc. (Approved February 26, 1907.) This law provides that Attorney General shall be ex-officio Mineral Land Commissioner, and shall see that no mineral lands shall be patented on agricultural entries. Too long for this book. See page 39, Session Laws of Nevada, of 1907. MINING LAWS OF NEVADA !<>'. FALSE DATE ON LOCATION NOTICE. An Act approved March 29, 1907, makes it a felony to antedate or put any false date, or date other than the one on which location is made, on any location notice. PURCHASE OF ORES. For an Act regarding purchases of ores see Laws of 1907, page 365. RECOVERY OF STOLEN ORE. An Act approved March 29, 1907, provides for recovery of stolen ore. Laws of 1907, page 416. NEVADA PRELIMINARY NOTICE FOR POSTING. Notice is hereby given that we, being each native born citizens of the United States, have on this day of ' 190 . . discovered a lode bearing gold, silver and other valuable deposits, and have named the same the Lode. The course of the lode is and we claim hundred feet on the vein of the point where the discovery was made, and upon which this notice is posted, and hundred feet from said place of discovery; and we claim three hundred feet on each side of the center of the vein. Dated and posted on the ground this day of 190. . Act. 1897, Sec. I. Any person, a citizen of the United States, or one who has declared his intention to become such, who discovers a vein or lode, may locate a claim upon such vein or lode by defining the boundaries of the claim in manner hereinafter described, and by posting a notice of such location at the point of discovery, which notice must contain: First: The name of the lode or claim. Second: The name of the locator or locators. Third: The date of the location. Fourth: The number of linear feet claimed in length along the course of the vein, each way from the point of discovery, with the width on each side of the center of the vein, and the general course of the vein or lode as near as may be. 110 MINING LAWS OF NEVADA NEVADA LOCATION CERTIFICATE.-LODE CLAIM. We, , being native born citizens of the United States, hereby declare : That on the day of 190. ., we discovered and located a lode bearing gold, silver and other valuable de- posits, and on the same day posted our notice of location at the place of discovery, and named the lode the Lode. That the general course of the vein is and , and we claim hundred feet on the vein 1 " , and hundred feet 1 " from the point of discovery, and three hundred feet on each side of the center of the vein. That the discovery shaft is located at , and is feet deep and feet long and feet wide, and discloses a well-defined crevice, lode or vein. That the claim is located in the Mining District, in County, State of Nevada, being situated about * That the following is a description of said location as marked on the ground : Commencing at the of said claim, a , from which initial point the discovery monument is distant about feet in a direction ; thence running ** Dated.. .190.. NOTK. fHere put in North, South, East or West, as case may be. *Here refer to some natural object or permanent monument, so as to identify the locality of the claim, in compliance with Sec. 2324, Revised Statutes of the United States, and Sec. 3 of the Act of 1897, Nevada. A road house, tree, known mountain or peak, government corner, mill, or known mining claim, etc., are such objects or monuments, as "about one mile directly east from Jim Budd's quartz mill, and about 400 rods west from the Lone Star Mine," etc. **Here follows description of claim, for instance: "Thence running 600 feet northwesterly to the northwest corner of said claim, at which is a mound of rocks four feet high, marked so-and-so (if marked); thence 1,500 feet southwesterly to the southwest corner of said claim, a mound of rocks," etc.; so going around the claim to point of beginning. MINING LAWS OF NEVADA 111 ^S9' Monument V C c o> 3 1* 0) C S.2 cc |s o L- o 300 ft. O 300 ft. Monument 9

3. Traveling expenses in going to and coming from the mine Where the owner of the claim has not done his annual labor, but begins work on Dec. 31st, and prosecutes the work con- tinuously to the amount of $100 a claim, hir claim or claims <;an not be re-located on Jan. 1st, but his work must be continu- ous until the whole $100 has been expended. Where several owners of a claim have allowed the year to ex- pire without doing the annual labor and one of such ownert attempts to re-locate the claim for himself the Court will decide that such re-location is for the benefit of all the former owners. Where mining ground that has previously been located is re- located the location notice of the new location should state that it is located on abandoned ground and should show the name of the previous owner, and what ground is re-located with as much particularity as possible, and if name of old owner is unknown that fact should be stated. An amended location notice relates back to the date of original location and with all its rights and privileges, provided no adverse rights have in the mean-time intervened. (40 Fed. 787.) A placer claim is a location in which gold is found loose in sand or gravel and not in a vein or in place. It includes gulch claims, old channels, cement and drift diggings. Oil land may be located as a placer but an actual discovery ol oil must first be made. The amount of ground which can be located as a placer claim is limited to twenty acres to each person, but an association of persons may locate a claim in common, which will in the aggre- gate not exceed twenty acres to each person in the association, and not exceed 160 acres in all. In such case a separate dis- covery is not required on each twenty acres but a discovery on any part is sufficient. One person may locate more than one :20-acre claim. The following table will show the dimensions of placer claims : Claim 466.69 x 466.69 feet contains 5 acres. Claim 660 x 330 feet contains 5 acres. Claim 660 x 660 feet contains 10 acres. Claim 1320 x 660 feet contains 20 acres. Claim 800 x 1089 feet contains 20 acres. Claim 933 1-3 x 933 1-3 feet contains 20 acres. Claim 1320 x 1320 feet contains 40 acres. Claim 2640 x 2640 feet contains 160 acres. Tailings are the property of the miner who made them so long as they are retained on his own land, or under his own 130 GENERAL INFORMATION control and not abandoned, but when allowed to flow upon the land of another the other becomes entitled to them. A quit-claim form of deed is the one commonly used to trans- fer title to an unpatented mining claim, but care should be taken to properly describe the mining claim by reference to the book and the page of the County Records in which the original location notices are to be found, and reference to them should be made for description. It is not necessary that the wife of an owner of a mining claim should join her husband in convey- ing a mining claim in either Arizona or Nevada but it is neces- sary in California and Utah. Where the ownership of the claim is in the wife, it is necessary for the husband to join in the deed in all of the places named. A person desiring to obtain a deed, a lease, a working bond or an agreement to sell a mining claim should consult a lawyer who is conversant with mining law in the state in which the claim is located, unless he is looking for a law suit. Before paying out money for such purposes an examination of the title of the reputed owner of the mining claim should be care- fully made ; by doing these things for a small payment of money trouble can be avoided to get out of which (if fortunate) many hundreds will later be paid. GENERAL INFORMATION i; n CONTRACT TO SELL AND TO BUY. I, , vendor, hereby agree to sell to , and I, purchaser, agree to buy of said , the , Placer Mining Claim, situate, etc. The agreed consideration of said sale is $1,000.00 cash in hand paid, the receipt whereof is hereby acknowledged; $3,000.00 to be paid within days from the date hereof, and $6,000.00 within days from such date, making a total consideration of $10,000.00. Said vendor within ten days from date will deliver to pur- chaser, or his attorney, an abstract of title duly certified by the Clerk and Recorder of said County, or by some reputable abstract office, together with all the original title papers which are in his possession or within his power to produce. And within said time will place in escrow in the Bank of a good and sufficient deed conveying to said , or such person as he shall nominate, the said premises clear of encumbrance, to be by such band held in escrow until final payment be made under this contract or default is made under the same. De- posit in said band to the credit of vendor shall be equivalent to payment of any of said installments. Time is of the essence of this contract as to each and every installment, and if any installment or installments be not paid within the time or times hereby limited therefor, ail previous installments shall be and remain the property of said vendor, the deed in escrow shall be returned to him for cancellation, and the property shall remain his own, unaffected and unen- cumbered by this contract. But if he fail to deliver abstract within said period, or to deposit said deed in escrow, or if his title prove encumbered or otherwise not marketable, vendee may recover any and all installments paid, or may sue for specific performance and for a perfect title, or for damages or otherwise as he may be advised. WITNESS the hands and seals of said parties this day of A. D. 190 (Seal) (SeaH 132 GENERAL INFORMATION BOND FOR A DEED OF MINING PROPERTY. Know all Men by These Presents : That of the County of Yuma and Territory of Arizona, the part of the first part, held and firmly bound unto of the County of ao< Territory of Arizona, the part of the second part, in UK* sum of Dollars, of the United States of America, to be paid to the said executors, administrators or as- signs ; for which payment well and truly to be made bind heirs, executors and administrator:- firmly by these presents. Scaled with seal .... and dated the day of A. D. One Thousand Eight Hundred and Ninety THE CONDITION of the above obligation is such, that if the above bounded obligor. . . . shall, on the day of A. D. One Thousand Eight Hundred and Ninety make, execute and deliver unto the said or to assigns, (provided that the said shall on or before that day have paid to the said obligor. . . . the sum of Dollars, of the United States of America, the price by said agreed to be paid therefor), a good and sufficient deed for conveying and assur- ing to the said free from all incumbrances, all right, title and interest, estate, claim and demand, both in law and equity, as well in possession as in expectancy, of, in or to that certain portion, claim and mining right, title or property on certain vein. ... or lode. ... of rock containing precious metals of gold, silver and other minerals, and situated in the Mining District, County of and Territory of Arizona, and described as follows, to-wit : . . . . Then this obligation to be void, otherwise to remain in full force and virtue. Signed, Sealed and Delivered in the presence of f (Seal) (Seal) < (SeaD ( (Seal) Acknowledge before Notary Public. GENERAL INFORM AT I ON !.-,:; MINING DEED. QUIT CLAIM. THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part, and of the party of the second part, WITNESSETH, that the party of the first part, for and in consideration of the sum of Dollars, lawful money of the United States, to him in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, does by these presents sell, confirm and quit-claim unto the said party of the second part, and to his heirs and assigns, all those certain quartz mining claims, situated in Mining District, County. State of , and more particularly described as follows : (An undivided one-half interest in and to) the Mining Claim, the location notice of which is recorded in Book , page , Notices of Mining Locations, in the office of the County Recorder of the County of , State of , and recorded in Book , page ..'..., of the Mining Records of said Mining District. (Here describe balance of claims as above.) TOGETHER, with all dips, spurs, angles and variations and all the metals therein; and all the rights, privileges and fran- chises thereto incident, appendant and appurtenant, or there- with usually had and enjoyed ; and also all and singular the tenements, hereditaments and appurtenances thereto belonging, or in any wise appertaining, and the rents, issues and profits thereof; and also all the estate, right, title, interest, property, possession, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in or to the said premises, and every part and parcel thereof, with the appur- tenances, a**** TO HAVE AND TO HOLD, all and singular the said prem- ises, together with the appurtenances and privileges thereunto incident, unto the said party of the second part, his heirs and assigns forever. IX WITNESS WHEREOF, the said party of the first pan has hereunto set his hand and seal the day and year first above written. (Seal) (Seal) Acknowledge before Notary Public. J. NELSON NEVIUS Mining Geologist and Engineer Technical reports on devel- oped mines and prospects, placer testing and general consulting work. Systematic management of small companies on a nom- inal retaining fee. Thoroughly experienced in Mexican mining laws, labor and language. No stocks nor promotion work Bedford McNeil! Code i Sunset Main 2693 Home 1179 809 South Los Robles Avenue PASADENA, CAL TO ATTORNEYS I would advise you that I have in my office a complete set of Arizona Statutes, decisions and forms which you are welcome to use at any time. I have associates, mostly attorneys, who can act as agents for corporations, in all the principal towns of Arizona, and I can thus quickly and carefully assist you to incorporate. Corres- pondence with attorneys on Arizona practice will be cheerfully answered to assist them in their business. I was for many years District Attorney in Arizona and have been in this line of business for 20 years. You can save yourself a great deal of trouble and possible error by handing or sending your original articles (and two copies) to me, and my associate in Arizona will attend to filing and publishing and return all papers to you promptly. We are also prepared to hold stockholders' meetings any- where in Arizona by proxy when desired. If you have occasion to associate counsel with you in any mining litigation in Arizona, I would have you know that either my father, Gen. Thos. F. Wilson, or myself attend all terms of Court in Phoenix (Maricopa County), Yuma (Yuma County), Nogales (Santa Cruz County), Florence (Final County), Tomb- stone (Cochise County), and Tucson (Pima County). We have had from fifteen to twenty years' experience in mining litiga- tion in Arizona. We can also assist you to obtain patents to mining- claims or agricultural entries either through the local U. S. Land Offices at Phoenix, Arizona, or Los Angeles, California, or the Depart- ments in Washington. Gen. Thos. F. Wilson resides at Tucson, Arizona, where he was United States Attorney. We will be glad to be associated in any class of general law "business you may have in Arizona. I refer by permission to Hon. W. J. Hunsaker, Hon. E. W. Camp and Messrs. Works, Lee & Works, Attorneys, Los An- geles, California. CALVERT WILSON. Attorney at Law, Los Angeles, California. 350 Wilcox Building. Home Phone 1851. ARIZONA CORPORATION LAWS CHAPTER I. Corporations. 761. (Section 1.) Corporations are either public or private. 762. (Sec. 2.) A public corporation is one that has for its object the government of a portion of the territory. 763. (Sec. 3.) A private corporation is one organized for the purpose of religion, charity or benevolence, sociability or learning or for profits. CHAPTER II. Corporations in General. 764. (Sec. 4.) Any number of persons may associate them- selves together and become incorporated for the transaction of any lawful business, but such corporation shall confer no powers or privileges not possessed by natural persons, except as here- in provided. 765. (Sec. 5.) Among the powers of such bodies corporate shall be the following: 1. To have perpetual succession. 2. To sue and be sued by the corporate name. 3. To have a common seal and alter the same at pleasure. 4. To render the shares or interest of stockholders transfer- able and prescribe the mode of making such transfers. 5. To exempt the private property of members from liability for corporate debts. 6. To make contracts, acquire and transfer property, pos- sessing the same powers in such respects as private individuals now enjoy. 7. To establish by-laws and make all rules and regulations deemed expedient for the management of their affairs not in- consistent with the constitution and laws of the United States and laws of this Territory. 766. (Sec. 6.) Before commencing any business, except that of their own organization, they must adopt articles of in- corporation, which shall be signed and acknowledged by them as deeds are required to be acknowledged, and recorded in a book for that purpose in the office of the County Recorder in ARIZONA CORPORATION LA\\s 137. the county where the principal place of business is to be. The articles of incorporation must contain : 1. The names of the corporators, the name of the corpora- tion, and its principal place of transacting business. 2. The general nature of the business proposed to be trans- acted. 3. The amount of capital stock authorized and the time when nnd the conditions upon which it is to be paid in. 4. The time of the commencement and determination of the corporation. 5. By what officers or persons the affairs of the corporation are to be conducted and the times at which they are to be elected. 6. The highest amount of indebtedness or liability to which the corporation is at any time to subject itself. 7. Whether private property is to be exempt from corporate debts. Unless so exempted, stockholders are liable for the debts of the corporation in the proportion to which their stock bears to the whole capital stock. 767. (Sec. 7.) Every corporation organized under the pro- visions of this title shall file a copy of its articles of incorpora- tion, certified to by the county recorder of the county where said articles are recorded, in the office of the auditor of the Territory and have the same recorded by him in a book kept for that purpose. Such articles of incorporation must specify the highest amount of indebtedness and liability, direct or con- tingent, to which the corporation is at any time to be subject, which must in no case exceed two-thirds of the amount of the capital stock. 768. (Sec. 8.) Every corporation organized under the pro- visions of this title shall publish at least six times in some news- paper published in the county in which the principal place of business is located or works established, if there be one, and if not, then in some newspaper having a general circulation in such county, a copy of its articles of incorporation, and, upon the expiration thereof, file an affidavit in the office of the aud- itor of the Territory, stating that such publication has been made according to law. 769. (Sec. 9.) The corporation may commence business as soon as its articles of incorporation are filed for record in the office of the county recorder, and a certified copy with the auditor of the Territory, and its acts shall then be valid, if the publication is made and an affidavit thereof filed in the office 138 ARIZONA CORPORATION LAWS of the auditor of the Territory within three months from the date of the filing with the county recorder. 770. (Sec. 10.) The capital stock of any corporation or- ganized hereunder may be increased or decreased and the arti- cles may be amended in any of the particulars mentioned in Section 6 of this title by the affirmative vote of a majority of the stockholders. Such amendment shall be signed and acknowl- edged by the president and attested by the secretary of the corporation, and no such amendment shall be valid unless re- corded and published as the original articles are required to be. 771. (Sec. 11.) Corporations organized under this title may be formed to endure for twenty-five years, but they may be renewed from time to time for a period of not exceeding twen- ty-five years, when three-fourths of the votes cast at any stock- holders' meeting duly called and held for that purpose shall be in favor of such renewal. 772. (Sec. 12.) The corporation shall not be dissolved prior to the period fixed upon in the articles of incorporation, except by a majority vote of its members, unless a different rule is adopted in the articles. 773. (Sec. 13.) Transfer of the stock shall not be valid except as between the parties thereto, until the same are regu- larly entered upon the books of the company so as to show the names of the person by whom and to whom the transfer is made, the number or other designation of shares, and the date of the transfer. The books of the company shall be so kept as to show intelligently the original stockholders, their respective interests, the amount of which has been paid thereon, and all transfers thereof, and such books or records or correct copies thereof, so far as they relate to the items mentioned in this section, shall at all times be subject to the inspection of any stockholder de- siring the same. 774. (Sec. 14.) Any corporation organized or attempted to be organized in accordance with the provisions of this title shall cease to exist by non-user of its franchises for five years at any one time ; but such body shall not forfeit its franchises by reason of any omission to elect officers or to hold meetings at any time prescribed by the by-laws. 775. (Sec. 15.) Corporations whose charters expire by their own limitation or by the voluntary act of the stockholders may. nevertheless, continue to act for the purpose of closing up the business, but for no other purpose, unless renewed as in this chapter provided. ARIZONA CORPORATION LAWS 139 776. (Sec. 16.) Nothing herein shall exempt the stockhold- ers of any corporation from individual liability to the amount of the unpaid installment on the stock owned by them, or trans- ferred to them for the purpose of defrauding creditors ; and an execution against the corporation to that extent may be levied upon the private property of such individual. 777. (Sec. 17.) For the purpose of making repairs, build- ing or enlarging or extending works, or to meet contingencies, or for the purpose of providing a sinking fund for the payment of debts, the corporation may establish a fund and loan the same out from time to time, taking in all cases a good and suffi- cient security for the payment of the same. 778. (Sec. 18.) In any proceeding by or against a corpora- tion, the court shall have the power to compel the officers of the corporation, on motion of either party, upon proper cause being shown, to produce the books and records of the corpora- tion, and when so produced, either party may use the same in evidence. 779. (Sec. 19.) Persons acting as a corporation under the provisions of this title shall be presumed to be legally organized until the contrary is shown, and no such franchise shall be de- clared to be actually null and forfeited except in a regular pro- ceeding brought for that purpose. 780. (Sec. 20.) No person acting as a corporation under the provisions of this title shall be permitted to set up or rely upon the want of a legal organization as a defense to any action brought against them as a corporation, nor shall any person who may be sued on a contract made with such corporation, or sued for an injury done to its property, or for a wrong done to its interests, be permitted to rely upon such want of legal organi- zation in his defense. 781. (Sec. 21.) No corporation organized under the provi- sions of this title for the purpose of doing a mining or manufac- turing business shall have power to construct or operate any railroad, tramway, turnpike or canal, except such as may lead from its principal works or place of business to some navigable stream, or to some existing railroad, turnpike, or public high- way. 782. (Sec. 22.) No person or persons to whom shares of stock in any company incorporated under the laws of this Terri- tory, have been or hereafter shall be transferred, or by whom such shares are held as security for money advanced thereon, or which are now or shall be held by any such person or persons 140 ARIZONA COEPOEATION LAWS as security for any indebtedness whatever, shall have the right to vote at any election, either general or special, called or neld by any such incorporated company for any purpose whatever; but the absolute right to vote and represent all stock in any such incorporated company, transferred to or held by any person or persons as security for any money advanced thereon or for any other indebtedness whatever, at any election held by any such company as aforesaid, shall belong to the person or persons who deposit or transfer such stock as security for any such indebtedness, and any vote cast by any person or per- sons holding shares of stock in any incorporated company as aforesaid, as security as hereinbefore described, shall be abso- lutely void and of no effect. 783. (Sec. 23.) All corporations organized under this chap- ter shall appoint a bona fide resident of this Territory, who has been a resident of this Territory for at least three years, its agent, upon whom all notices and processes, including service of summons, may be served, and when so served shall be deemed taken and held to be lawful personal service on such corpora- tion, and said notice shall be filed in the office of the auditor of the Territory. AMENDMENTS. 1. Corporations may provide in by-laws for sale of shares subscribed for but not paid for, on notice. See Laws of 1907, page 52. 2. All persons occupying territorial public office are prohib- ited from acting as the statutory or resident agent for any cor- poration. COSTS OF INCORPORATION. The following is the total cost of incorporation in Arizona: County Recorder, Recording Articles $ 3.00 Certified Copy of Articles from County Recorder 3.00 Filing Certified Copy with Auditor of Arizona 10.00 Auditor's Certificate (if desired, not compulsory) 3.00 Filing Appointment of Agent with Auditor 3.00 Yearly Cost of Resident Agent 10.00 Filing Affidavit of Publication with Auditor 3.00 Publishing Articles in Tucson, Yuma or Phoenix 20.00 Total Expense $55.00 No annual tax or tax on amount of capital stock. HARPER & REYNOLDS CO. HARDWARE, METALS, MINING SUPPLIES, WROUGHT IRON PIPE CANTON MINING DRILL STEEL Equal to Jessop or Firth's Steel in Rock Work CAPS, BELLOWS, FUSE, SHOVELS, HOSE, BELTING, CABLE, PACKING, PICKS, ORE CARS, ANVILS, DYNAMITE, T-RAILS, WIRE ROPE, BUCKETS, DRILL HAMMERS, POWDER, FIRE EXTINGUISHERS. 152-154 N. Main St. 153-155 N. Los Angeles St. Los Angeles, Cal. 142 tNDEX Index to United States Laws Page Section ADVERSE CLAIMS Proceedings on 10 2326 Verification by Agent 12 2326 Judgment against both parties 11 2326 Entry or Judgment evidence required 11 2326 AGENT Application for patent by 10 2325 Citizenship, proof of by Agent . 10 2325 AGRICULTURAL LANDS Segregation of Mineral Lands, from 17 2342 ANNUAL EXPENDITURE OR LABOR Generally 7 2324 For placers 7 Forfeiture to co-owner when 7 2324 Oil lands 13 APPLICATION FOR PATENT By Agent : 10 2325 For lode claim 9 2325 For Placer claim (known Lode) 15 2333 AREA For Lode claim 5 2320 Placer claim 14 2331 Mill site 16 2337 WILDING STONE Entered under placer laws 13 Not excepted from grants to States 13 CHARACTER OF LAND Hearings as to 16 2335 CITIZENSHIP Proof of 6 2321 Affidavit of, before whom made 12 Proof by Agent 10 2325 CO-OWNERS Forfeiture to whom 7,8 2324 C )AL LANDS Generally 21 DESCRIPTION Of Lode claim 7 2324 Of Placer claims 14 2330 By location notices 5, 6, 7 By survey 9 232."> DISCOVERY Generally 5 2320 DITCHES AND CANALS Generally 17 2339 END LINES Generally 5 2320 FORFEITURE To Co-owner 7 LOCATION Under act May 10, 1872 5 2320 Tunnel claim 8 2324 Lode claim 5. 6. 7 Placer claim ..12.13 14 INDKX Page Section Rights conferred by 2322 Mill site Hi 2337 18 LODE CLAIMS Discovery 5 2320 Length :. i^L'O Width 5 2320 Location and record .">, 6, 7 Entry and patent 9 2325 MILL SITES Location of 16 'J337 18 Patents for 16 2337 OIL LANDS Location and entry of 13 PATENTS Lode 9, 10, 1 1 . 1 12 Placer 12. 13, 14, 15, 16 Mill site 16 2337 PETROLEUM Generally 13 PLACER CLAIMS Definition of 12 2329 Conformity to public survey 1 12 2329 Area of 14 2330-31 Location of 11 1330-31 Lode in, procedure 15 2333 PRICE PAYABLE FOR CLAIMS Lode claims 11 2326 Placer claims 1.5 12333 Mill sites 16 2337 Saline Lands same as Placer PUBLIC SURVEYS Adjustment of. to Mining claims 12 2327 RELOCATION Generally 7 2324 RESERVOIRS Generally 17 2340 SALINE LANDS Generally 13 SURVEY Generally 9 325 Expenses of ... 15 Mineral surveyors 15 Charges and Deposits for Office work 15 2334 TIMBER For mining purposes, generally 20 TOWNSITES ON MINING CLAIMS Generally 20 TUNNEL SITES Generally 7, 8 2334 VEINS Intersection of 16 Apex, dips " 6 VERIFICATION Of affidavits 12 2326 Same 16 2335 WATER RIGHTS Reference to law of 17 233g 144 INDEX Index to Arizona Mining Laws (See also Index to U. S. Mining Laws). DESCRIPTION OF MINING CLAIM What is sufficient in deed Contents location notice lode claim Relocation . . FORFEITURE OF INTEREST OF CO-OWNERS Notice to delinquent co-owner Notice and affidavit, as evidence Receipt for contribution by delinquent co-owner. Penalty for failure to acknowledge contribution . Proof of contribution, when co-owner refuses to acknowledge LOCATION Who can locate Notice to be made and posted Recording Of lode claims Of placer claims Of abondoned claims . . LODE MINING CLAIMS Location of, by whom made Location, how made Location notice, must contain what Location, no right acquired until notice posted Location, what, work to be done to perfect Location notice to be recorded, when Time allowed for work Failure to perform work forfeits claim Surface boundaries, how marked Open cut, adit or tunnel equal to shaft as discovery work Location notice may be amended Assessment work governed by laws of the U. S >essment work, affidavit of Affidavit and record of as evidence. . Relocation of forfeited claims PLACER MINING CLAIMS How located Monuments may be placed, where Location notice to be recorded MISCELLANEOUS LAWS Summary sales of mining claims of estates Optional sales of claims by guardians Injunction on working claims Miners' liens for labor County recorders Drainage by different owners < -\ ores at ! "nivcrsity I ees of recorder. . Page 33 Section 3249 28 3232 30 3241 31 3245 32 3246 32 3247 32 3248 32 3248 28 3231 28 3232 29 3234 28 3232 31 3242 30 3241 28 3231 28 3232 28 3232 29 3233 29 3234 29 3234 29 3234 29 3235 29' 3236 29 3237 29 3238 29 3239 30 3240 30 3241 30 3241 31 3242 31 3243 31 3244 28 1772 28 2013 28 2746 28 2904 33 3260 33 3252 33 3258 33 3259 INDKX i ir, Index to California Mining Laws (See also Index to U. S. Mining Laws. ) CIVIL CODE Pace Section Claims, recording affidavits of work and notice i:; 1159 Claims, recording notice of location \'.\ 1159 Fixtures attached to l.i 661 Hydraulic mining i: 1 . 1424 Lode claims I i 1 lL'ia Placer claims |.~> 1 r_>C, r Tunnel Right I.". 1-lLMiK Amending Locations 46 1 li'Ol I Survey's 1C. Mill Sites 46 M2<>j Improvements lt> \ H'f,l Forfeiture to Co-Owner IT 1 li'iio Copies of Mining Records Is 1 liM'xj Relocation is 1 li'Os Mining Districts is i .| L >c, r Mortgage of machinery 50 2955 Partnership, mining 49 251 1 Express agreement not necessary for partnership 49 2512 Express authority necessary to bind .1(1 2519 Lien of partners on property 49 2514 Mine is firm property 49 2515 One partner cannot bind except by express authority 50 2519 Owners of majority of shares govern 50 2520 Profits and losses shared how 49 2513 Agency for transfer of stock in mining company 40 586 Books of mining Company to be open for inspection 41 Examination of ground by stockholders 42 589 Posting monthly statement 41 588 Mining companies may consolidate 40 587 a Tenant at will of mines 43 819 CODE OF CIVIL PROCEDURE Action to recover ."> 1 748 Eminent domain 52 1238 Exemption of miners property 50 690 Local rules govern actions ."> 1 748 Mechanics liens on mines ">1 1183 Mining customs proof of in actions .">() 748 Use of public land for mining 53 1925 Action to quiet title 50 Order to survey mine 51 742 Liens on mines in case of assignment .">:_' 1204 Patent prima facie evidence ">: ; 1927 Sale of mining claims of estates .">3 1580 GENERAL LAWS . Act No. Protection of miners in mines 53 Modes of escape from mines 54 Liabilities of mining company for injury ">4 Easements and drainage 54 Affidavits of annual labor 54 Failure to do annual labor 54 Forfeiture of co-owner 54 Abandoned shafts to be fenced 56 Calaveras County, recording in 56 483 Protection of coal miners 56 Bell signals in mine 56 Debris commissioner 56 2226 Relocation ">4 Regulating Rightsx>f owners 56 Public land, locations on 56 2227 California Hydraulic mining 56 146 INDEX Index to Nevada Mining Laws (See also Index to U. S. Mining Laws.) Page Section ADVERSE POSSESSION- How established 74 1 AFFIDAVIT Of assessment work 68 2 Of co-owner of notice to delinquent 68 5 ASSESSMENT WORK United States law 7 2324 Amount required 67 Estimate of 67 1 Affidavit of, to contain what 68 2 Must be recorded 68 2 Delinquency of co-owner in performing 68 5 ASSAYING Business of, regulated 77 1 BOUNDARIES OF CLAIMS Can go beyond, when (U. S.) 7 2323 Denned or marked, how 60 2 In relocation 63 7 When established by surveyor 04 9 Of placer claim 64 Of tunnel right 65 ] Of saline lands, must be surveyed 66 2 CORPORATIONS, MINING New Law of 1909 1 04 Action against co-owners 82 1 Money expended constitutes lien 83 6 Powers of 87 1 Capital stock, what may constitute 87 Governed by mining laws of district 88 4 May be stockholder in other corporations 88 Disincorporation 88 May sue for delinquent assessments 89 7 Must notify delinquents of intention to sue 89 May consolidate 89 Manner of consolidation 89 1 CO-OWNERS Delinquency of 68 5 Delinquent may recover, how 68 5 CONVEYANCE OF MINING PROPERTY Formalities required 72 1 How proved 73 3 Terms used in "lands" defined 73 4 By minors 74 7 DEED (See Conveyance) From State, must contain proviso 92 3 DIP OF LEDGE Locator may follow, when 62 5 DISCOVERY SHAFT Time of sinking 60 2 Depth of 60 2 Equivalent of 60 In case of relocation 63 8 EMINENT DOMAIN For mining pur| >(>-<- 91 INDEX 1 i7 EXEMPTION Page Section Miner's cabin, etc., exempt from execution 77 3 GRUBESTAKE CONTRACTS Generally 96 INSPECTION OF MINES (new 1909) 98 JUSTICE OF THE PEACE Notice of unfenced shaft to be filed with 85 3 LEGAL DAY'S WORK Eight hours a legal day's work in underground mines :; 1 Same in smelters, etc !3 Misdemeanor and penalty !)H 3 LOCATION Manner of 60 1 Notice of 60 1 Prior, right of ', 1 Must be recorded, when til* 3 Includes what 62 5 Of placer claims 64 1 Of tunnel right 65 1 Of saline lands 66 1 Of mill site 67 1 LOCATOR Qualification of >o 1 Extent of claim of 61 Define boundaries of claim, how 60 Must record notice, time for (>1 May go beyond lines, when 62 5 May not go beyond lines, when 63 6 May file additional certificate, when 63 7 Of placer claim 64 1 Of tunnel right 65 1 Of saline lands 66 1 Of mill site 67 2 LOCATION CERTIFICATE Antidating location notice 109 Must contain what 61 May be changed how, when defective 63 7 Recorder to give receipt for 96 Recorder's receipt prima facie evidence 96 MACHINERY Regulations regarding 95 1 MILL SITE Who may locate 67 1 Size of claim 67 Location must be recorded 67 Record of, must contain what 67 4 MINERAL LAND COMMISSIONER Act creating 1 08 MINING CLAIM Conveyance of 72 Mortgage on 73 Deed of minor to i \ Minors may convey 74 Action for possession of 74 Title to, actions involving 75 Actions for recovery of 75 Lien on, for labor, etc 76 Injunction on 77 Inspection of (new 1909 ) 98 Partition of 78 f Damage to or trespass on 80 Majority owners may change interest of minority ... 82 May be worked on occupied land, when 97 1 148 INDEX Page Section MINERAL IN PLACE Locator must show 60 2 Defined (Jones v. Pros. Tun. Co., 21 Nev. 339) 60 MONUMENTS- HOW placed and marked 60 In tunnel right 65 NOTICE Must contain what 60 Can claim but one location 62 Void, when 61 Time for recording 61 Of placer claim location 64 Of tunnel right location 65 Of mill site location 67 To delinquent co-owner 68 To owner of shaft 85 Must be given delinquent stockholder 89 Must be given of consolidation of corporations 89 1 OCCUPATION OF MINING CLAIM Consists of what 75 Of saline lands 66 4 ORES Preferred lien on, when 76 False statement regarding 78 1 PATENT ON MINE- How obtained (United States law) 9 Action regarding 74 From State must contain proviso 92 PLACER CLAIM- HOW to locate 64 1 Time for recording notice 64 POSSESSION Must hold, of saline lands 66 Action for in case of patent 74 Actions for recovery of 75 PROSPECTING ON PRIVATE LAND Generally 96 PROTECTION OF EMPLOYEES Limiting use of collars, etc., on shafting machinery . 94 Misdemeanor and penalty 95 Not to prevent recovery of damages 95 PROTECTION OF MINERS County Recorder to give receipts 96 Receipt prima facie evidence of recording 96 RECORDER OF MINING DISTRICT- Duty of 70 Fee to collect and transmit 70 Penalty for neglect or refusal 71 Claim to be recorded with 61 Placer claim, to record ' >4 Tunnel right, to record 65 Mill site, to record <>7 Fee for recording assessment work ' > s Notice to delinquent co-worker, must record 6S To give receipts "> RECORDER, COUNTY Claim to be recorded with 61 Fee for recording notice 70 Penalty for neglect or refusal 71 6 INDKX in Page Section Ex officio mining recorder, when 71 7 To give receipts 96 RECORD, MINING Must contain what 61 3 Void, when 02 1 Previous records valid 6 1 3 Prima facie evidence C>1 3 Includes what (ill 5 Survey part of, when 64 9 Of placer claim 64 - Of tunnel right location 05 3 Of location of saline lands- 66 Of mill site location (17 Of assessment work 68 2 Record of assessment work imparts notice ON 4 Of notice to delinquent co-owners (is Record in evidence 71 Imparts notice of contents 71 Copies of, received in evidence 71 ' ' RELOCATION Certificate of 63 7 How made 63 Discovery shaft in 63 SHAFT Discovery shaft, depth of ('() Liability of owner of 84 1 Must be fenced si Cage to be used in . . . 1 SURVEY Part of record 64 Of saline lands required 65 Order for, how obtained 81 TRESPASS Upon patented mining ground . 93 1 Misdemeanor and penalty 93 Applies to Esmeralda County 93 3 TUNNEL RIGHT Location of 65 1 Boundaries, how marked 65 Time for recording 65 3 When blind ledge is discovered in 66 4 Index to Utah Mining Laws (See also Index to IT. S. Mining Laws.) AFFIDAVIT Of assessment work 115 ASSAYS Changing samples or certificate 123 4 100 Making or publishing false assay Ii3 4401 ASSESSMENT WORK Amount required (see U. S. Laws) 7 2324 Affidavit of, to contain what 115 6 Must be recorded 115 6 Notice at discovery shaft 115 5 Notice at entrance of workings 115 5 150 INDEX Page Section ADVERSE CLAIM Action to determine 121 3511 BOUNDARIES OF CLAIMS Defined or marked, how 115 Of placer claim 114 2 COAL MINES Act concerning 123 EMINENT DOMAIN When it can be exercised 122 3588 EXEMPTIONS Exemptions of miners 121 3245 FORFEITURE OF INTEREST OF CO-OWNERS (See U. S. Laws.) FIRE PROTECTION IN MINES An act for 123 INTERFERING WITH NOTICES, ETC. Penalty for 120 1535 LEASING OF MINES Act concerning mines belonging to Estates 124 LIENS FOR MINER'S WAGES Miners' liens 119 1381 When mine is leased 120 1382 LEGAL DAY'S WORK Eight hours a legal day's work in underground mines 119 1337 Same in smelters, etc 119 1337 Misdemeanor to employ child 119 1338 LOCATION Manner of 114 1 Notice of 114 1 Must be recorded, when 115 4 Includes what 114 Of placer claims 114 2 Of mill site 115 3 LODE MINING CLAIMS Location of, by whom made (see U. S. Laws.) Location, how made 114 2 Location notice, must contain what 114 2 Location notice to be recorded, when 115 4 Surface boundaries, how marked 115 3 Assessment work, affidavit of 115 6 Affidavit and record of, as evidence 1 15 6 Extent of claim 114 1 Monuments 114 2 PLACER MINING CLAIMS How located 114 2 Monuments may be placed, where '14 2 Location notice to be recorded 115 4 MONUMENTS Claims must be marked 1 1 .1 Permanent monument 114 2 MINING DISTRICTS Reorganization 116 7 MINING CUSTOMS AND RULES When they control 1 22 -.">- 1 ORES Damages for taking 1 20 1536 RECORDS OF MINES Copying records 116 8 INDEX Section Expense of copying records ...................... 1 Hi County recorder to give .......................... 117 District recorder to give ......................... 11 (i District recorder to give ......................... 117 RECORDERS Fees of county recorder .......................... 1 1 ' Fees of county recorder .......................... 117 Fees of district recorder ......................... 118 County recorder to record rules ................... 1 17 Mining district recorder to give bond .............. 117 District recorder to make copies .................. 117 Vacancy in district recorder ...................... 118 SALTING MINES Penalty for .................................... 1 22 SHAFT Must be fenced ................................. 1 20 Cage to be used in .............................. 123 Pits to be filled ................................. 121 Penalty for leaving uncovered .................... 121 STATE MINERAL LANDS To be leased ............................ ....... 121 Rules regarding leasing .......................... 121 SURVEY OF MINING CLAIM Order for by court .............................. 121 s 12 '.) 14 9 ] 2 Hi 12 13 14 15 4399 1538 1539 1540 2370 3515 152 INDEX Index to Forms Page. ARIZONA Location notice, lode claim 34 Location notice, placer claim 38 Affidavit of assessment work, one claim 36 Affidavit of assessment work, group 37 Location notice, mill site 18 Deed to mining claim 133 Agreement to sell mining claim 131 Bond of mining claim 132 Diagram or map of mining claim 35 Tunnel site location notice 23 Forfeiture to co-owner . . / 25 CALIFORNIA Location notice, lode claim - 57 Location notice, placer claim 58 Affidavit of assessment work, one claim 58 Affidavit of assessment work, group 58 Location notice, mill site 58 Deed to mining claim 133 Agreement to sell mining claim 131 Bond on mining claim 132 Diagram or map of lode claim 35 Tunnel site location notice 23 Forfeiture to co-owner 25 NEVADA Location notice, lode claim, preliminary 109 Location notice, lode claim 110 Affidavit of assessment work, one claim 112 Affidavit of assessment work, group 112 Location notice, placer claim 112 Location notice, mill site 18 Deed to mining claim 1 33 Agreement to sell mining claim 131 Bond on mining claim 132 Diagram or map of lode claim Ill Tunnel site location notice 23 Forfeiture to co-owner 25 UTAH Location notice, lode claim 125 Location notice, placer claim 125 Affidavit of assessment work, one claim 126 Affidavit of assessment work, group 126 Location notice, mill site 18 I )(<'