University of California Berkeley 
 
WILSON'S 
 
 MINING LAWS 
 
 United States, Arizona, California 
 
 Idaho, Colorado, Nevada 
 
 Oregon and Utah 
 
 INCLUDING LAWS TO LOCATE OIL LANDS 
 
 ANNOTATED AND WITH FORMS 
 
 1917 
 
 COMPILED BY 
 
 CALVERT WILSON 
 
 ATTORNEY AT LAW 
 340 Wilcox Building, Los Angeles, Cal. 
 
 PRICE, ONE DOLLAR 
 
MINING AND OIL 
 SECURITIES 
 
 We specialize, not only in executing the market 
 orders of our patrons, but in giving them infor- 
 mation of such nature relative to the securities 
 in which they are interested that they are aided 
 in making intelligent decisions. Our 
 
 Weekly Market Bulletins 
 
 Sent Free Upon Request. 
 
 Contain the latest information concerning physi- 
 cal and market developments affecting active 
 listed securities. 
 
 Prompt and Efficient Service 
 
 This ''Service" embraces not only attention to 
 your market orders, but to requests for informa- 
 tion, and special bulletins mailed to YOU when 
 notable developments relative to the securities 
 in which you are interested come to our attention. 
 
 All Securities Bought or Sold, on Orders. 
 
 A. W. COOTE 
 
 STOCK AND BOND BROKER 
 
 Member Los Angeles Stock Exchange 
 
 Tel. 60151 Main 4117 
 
 604 I. W. Hellman Building LOS ANGELES. 
 
 NO PROMOTIONS. 
 
WILSON'S 
 
 MINING LAWS 
 
 United States, Arizona, California, 
 
 Colorado, Idaho, Nevada, 
 
 Oregon and Utah 
 
 INCLUDING LAWS TO LOCATE OIL LANDS 
 
 ANNOTATED AND WITH FORMS 
 
 1917 
 
 COMPILED BY 
 
 CALVERT WILSON 
 
 ATTORNEY AT LAW 
 340 Wilcox Building, Los Angeles, Cal. 
 
 COPYRIGHT 1917 BY CALVERT WILSON 
 
 Press of 
 
 BAUMGARDT PUBLISHING CO. 
 Los Angeles, Cal. 
 
UNITED STATES 
 NATIONAL BANK 
 
 OF LOS ANGELES 
 N. W. Corner of Second and Spring Streets. 
 
 We want the banking business of Mining Men and 
 Mining Companies, both Commercial and Savings. 
 
 We handle mining escrows of all kinds, at very reason- 
 able charges and invite correspondence on this subject. 
 
 We buy and sell foreign and domestic exchange and 
 sell travellers checks available in the United States, 
 Canada and most of the foreign countries. 
 
 We have safe deposit boxes to rent to hold your valuable 
 mining papers from $2.00 a year and upward. 
 
 We attend to business promptly and efficiently as our 
 employees are acquainted with your needs. 
 
 Officers and Directors : 
 
 0. M. SOUDEN, 
 President. 
 
 DR. J. H. BULLAED, F. W. SMITH, 
 
 Vice President. Cashier. 
 
 J. E. WOOL WINE, 
 
 Asst. Cashier. 
 
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 SUMMARY OF 
 
 UNITED STATES LAWS 
 
 All mineral lands are open to occupation and purchase by 
 citizen, or he who has declared his intention to become a 
 tttcitizen of the United States. 
 
 A mining claim located since May 10, 1872, shall not exceed 
 jfifteen 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 ^ein 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. 
 
Hammond 
 Lumber 
 
 Company 
 
 SOUTHERN CALIFORNIA DIVISION 
 
 Los Angeles, California 
 MINING TIMBERS 
 
 Oregon Pine (Douglas Fir) and Redwood 
 Lumber, Ties, Piling, Poles, Cross Arms, 
 Kiln Dried Finish, Sash, Doors, Hardwood 
 Flooring and all Lumber products. 
 
 MILLS 
 
 Eureka, California 
 Astoria, Oregon Mill City, Oregon 
 
 WHOLESALE YARD 
 East San Pedro, California 
 
 SASH and DOOR FACTORIES 
 Los Angeles and Eureka 
 
Mining Laws of the United States 
 
 Title XXXII, Chapter 6, Revised Statutes. 
 
 Sec. 2318. In all cases lands valuable for minerals shall be 
 reserved from sale, except as otherwise expressly directed by 
 law. 132 Cal. 115, 113 Pacif. 754, 154 Cal. 768, 221 U. S. 452. 
 
 Sec. 2319. All valuable mineral deposits in lands belonging 
 to the United States, both surveyed and unsurveyed, are hereby 
 declared to be free and open to exploration and purchase, and 
 the lands in which they are found to occupation and purchase, 
 by citizens of the United States and those who have declared 
 their intention to become such, under regulations prescribed by 
 la"w, and according to the local customs or rules of miners in 
 the several mining districts, so far as the same are applicable 
 and not inconsistent with the laws of the United States. 
 
 As to Aliens 152 U. S. 505. As to Location by Agent 
 109 Cal. 122. As to Locations on Townsite 115 U. S. 
 406. Private Corp. can Locate 137 U. S. 168. A Minor 
 can Locate, 72 Cal. 531. Also see 171 U. S. 55; 173 U. 
 S. 439; 175 U. S. 571; 133 Cal. 634; 181 U. S. 519; 183 
 U. S. 563; 133 Fed. 209; 154 Cal. 768; 10 Cal. App. 440; 
 149 Cal. 603; 30 Mont. 562. 
 
 Sec. 2320. Mining claims upon veins or lodes of quartz or 
 other rock in place bearing gold, silver, cinnabar, lead, tin, cop- 
 per, or other valuable deposits, heretofore located, shall be 
 governed as to length along the vein or lode by the customs, 
 regulations, and laws in force at the date of their location. A 
 mining claim located after the tenth day of May, eighteen hun- 
 dred and seventy-two, whether located by one or more persons, 
 may equal, but shall not exceed, one thousand five hundred 
 feet in length along the vein or lode; but no location of a 
 mining claim shall be made until the discovery of the vein or 
 lode within the limits of the claim located. No claim shall ex- 
 tend more than three hundred feet on each side of the middle 
 of the vein at the surface, nor shall any claim be limited by 
 any mining regulation to less than twenty-five feet on each 
 side of the middle of the vein at the surface, except where ad- 
 verse 'rights existing on the tenth day of May, eighteen hun- 
 dred and seventy-two, render such limitation necessary. The 
 end lines of each claim shall be parallel to each other. 
 
 Meaning of Vein, Lode and Ledge 17 Utah 185 : 73 Cal. 
 114 ; 116 U. S. 529 ; 167 U. S. 115 ; 122 U. S. 484 ; 37 Mont. 
 138; 29 Utah 490; 43 L. D. 79. 
 
6 MINING LAWS OP 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; 14 Cal. App. 60; 113 Pac. 162; 196 U. S. 337. 
 
 Willing to Develop 82 Fed ; 37 Oregon 185 ; 29 Utah 490 ; 
 197 U S 313 
 
 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; 170 Fed. 63. 
 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. 
 
 38 Wash. 619 ; 36 Colo. 122. 
 
 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 exist 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 right of possession to such outside parts of such veins 
 or ledges shall be confined to such portions thereof as lie be- 
 tween vertical planes drawn downward as above described 
 through the end lines of their locations, so continued in their 
 
MINING LAWS OF THE UNITED STATES 7 
 
 own direction that such planes will intersect such exterior 
 parts of such veins or ledges. And nothing in this section 
 shall authorize the locator or possessor of a vein, or lode which 
 extends in its downward course beyond the vertical lines of his 
 claim, to enter upon the surface of a claim owned or possessed 
 by another. 
 
 11 Pac. 77; 11 Pac. 515; 98 U. S. 463; 118 U. S. 196; 116 
 U. S. 529; 116 U. S. 418; 98 U. S. 453; 29 F. R. 347; 3 
 Utah 159 ; 128 U. S. 680 ; 122 U. S. 478 ; 114 U. S. 576 ; 29 
 F. R. 814; 16 F. R. 348; 171 U. S. 55; 171 U. S. 293; 113 
 F. R. 900. Right of Possession 104 U. S. 284; 152 U. 
 S. 229; 182 Fed. 675; 85 Pac. 932; 157 Cal. 126; 167 
 Fed. 681. 
 
 Sec. 2323. Where a tunnel is run for the development of a 
 vein or lode, or for the discovery of mines, the owners of such 
 tunnel shall have the right of possession of all veins or lodes 
 within three thousand feet from the face of such tunnel on the 
 line thereof, not previously known to exist, discovered in such 
 tunnel, to the same extent as if discovered from the surface and 
 locations on the line of such tunnel of veins or lodes not ap- 
 pearing on the surface, made by other parties after the com- 
 mencement of the tunnel, and while the same is being prose- 
 cuted with reasonable diligence, shall be invalid, but failure to 
 prosecute the work on the tunnel for six months shall be con- 
 sidered as an abandonment of the right to all undiscovered 
 veins on the line of such tunnel. 
 
 4 Cal. 507; 127 U. S. 481; 182 U. S. 500; 167 U. S. 116; 143 
 U. S. 405. 
 
 Sec. 2324. The miners of each mining district may make 
 regulations not in conflict with the laws of the United States, 
 or with the laws of the State or Territory in which the district 
 is situated, governing the location, manner of recording, 
 amount of work necessary to hold possession of a mining claim, 
 subject to the following requirements : The location must be 
 distinctly marked on the ground so that its boundaries can be 
 readily traced. All records of mining claims hereafter made 
 shall contain the name or names of the locators, the date of the 
 location, and such a description of the claim or claims located 
 by reference to some natural object or permanent monument as 
 will identify the claim. On each claim located after the tenth 
 day of May, eighteen hundred and seventy-two, and until a 
 patent has been issued therefor, not less than one hundred dol- 
 lars' worth of labor shall be performed or improvements made 
 during each year. 
 
 On all claims located prior to the tenth day of May, eighteen 
 hundred and seventy-two, ten dollars' worth of labor shall be 
 performed or improvements made by the tenth day of June, 
 eighteen hundred and seventy-four, and each year thereafter, 
 
8 MINING LAWS OP THE UNITED STATES 
 
 for each one hundred feet in length along the vein, until a 
 patent has been issued therefor; but where such claims are 
 held in common, such expenditure may be made upon any one 
 claim; and upon a failure to comply with these conditions, the 
 claim or mine upon which such failure occurred shall be open 
 to relocation in the same manner as if no location of the same 
 had ever been made, provided that the original locators, their 
 heirs, assigns, or legal representatives, have not resumed work 
 upon the claim after failure and before such location. 
 
 Upon the failure of any one of several co-owners to con- 
 tribute his proportion of the expenditures required hereby, the 
 co-owners who have performed the labor or made the improve- 
 ments may, at the expiration of the year, give such delinquent 
 co-owner personal notice in writing or notice 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 by publication such delinquent 
 should fail or refuse to contribute his proportion of the expendi- 
 ture required by this section, his interest in the claim shall be- 
 come the property of his co-owners who have made the required 
 expenditures. 
 
 Tunnel Amendment, February 11, 1875. 
 
 Be it enacted by the senate and house of representatives of 
 the United States of America in congress assembled, that sec- 
 tion two thousand, three hundred and twenty-four of the Re- 
 vised Statutes be, and the same is hereby, amended so that 
 where a person or company has or may run a tunnel for the 
 purpose of developing a lode or lodes, owned by said person 
 or company, the money so expended in said tunnel shall be 
 taken and considered as expended on said lode or lodes, wheth- 
 er located prior to or since the passage of said act ; and such 
 person or company shall not be required to perform work on 
 the surface of said lode or lodes in order to hold the same as 
 required by said act. (18 Stats, at Large, page 315, chap. 41.) 
 Amendment of January 22, 1880. 
 
 1 i Provided, That the period within which the work required 
 to be done annually on all unpatented mineral claims shall com- 
 mence on the first day of January succeeding the date of loca- 
 tion of such claim, and this section shall apply to all claims lo- 
 cated since the tenth day of May, Anno Domini eighteen hun- 
 dred and seventy-two." (21 Stats, at Large, page 61, chap. 9.) 
 Marking Location 53 Cal. 149; 59 Gal. 614; 119 Fed. 55; 
 152 U. S. 227; 116 U. S. 418; 113 Cal. 550; 158 U. S. 441; 
 130 U. S. 291; 14 Cal. App. 60; 48 Ore. 112. 
 Time to Mark Boundaries 93 Fed. 611; 115 F. R. 531; 
 129 Cal. 483; 137 Cal. 211. 
 
 Permanent Monument 158 U. S. 441; 137 Cal. 212; 130 
 U. S. 291; 67 Pac. 955; 129 Cal. 436. 
 
MINING LAWS OF THE UNITED STATES 9 
 
 Notice of Location 129 Cal. 350; 123 F. K. 209; 160 U. S. 
 
 318; 25 F. E. 596; 113 U. S. 534; 111 U. S. 356; 183 U S. 
 
 563 ; 134 F. E. 610 ; 40 Mont. 282 ; 207 U. S. 1. 
 One Hundred Dollars Labor 125 F. E. 147 ; 97 F. E. 386 ; 
 
 27 Cal. 501; 127 F. E. 611; 132 Cal. 56; 111 U. S. 353. 
 
 On one for more 109 U. S. 440; 114 Cal. 100; 30 Cal. 
 
 431; 104 U. S. 636; 145 U. S. 428; 11 F. E. 677; 24 Mont. 
 
 243; 11 Utah 328; 75 Pac. 919; 133 Cal. 510; 130 U. S. 
 
 292; 65 Cal. 555; 158 Fed. 667; 164 Fed. 397; 15 Cal. 
 
 App. 714. 
 Forfeiture to Co-owner 194 U. S. 248 ; 150 U. S. 585 ; 17 
 
 Colo. 243; 173 Fed. 895; 177 Fed. 172. 
 Eecording Notice 129 Cal. 361; 144 U. S. 658; 117 U. S. 
 
 401; 16 Utah 103; 99 U. S. 261; 29 F. E. 814. 
 Eelocation 65 Cal. 605; 171 U. S. 77; 129 Cal. 350; 58 
 
 F. E. 295; 24 Utah 73; 104 U. S. 279; 82 F. E. 554; 
 
 65 Cal. 555; 181 U. S. 269; 18 Utah 183; 75 Cal. 284; 
 
 134 F. E. 610; 13 Ariz. 331; 96 Pac. 679. 
 Generally 60 Cal. 631; 175 U. S. 571; 17 Cal. 107; 14 
 
 Cal. App. 60. 
 
 Sec. 2325. (Patents for Mineral Lands, how obtained). A 
 patent for any land claimed and located for valuable deposits 
 may be obtained in the following manner: Any person, asso- 
 ciation, or corporation authorized to locate a claim under this 
 chapter, having claimed and located a piece of land for such 
 purposes, who has, or have complied with the terms of this 
 chapter, may file in the proper land office an application for a 
 patent, under oath, showing such compliance, together with a 
 plat and field notes of the claim or claims in common, made 
 by or under the direction of the United States surveyor-general, 
 snowing accurately the boundaries of the claim or claims, which 
 shall be distinctly marked by monuments on the ground, and 
 shall post a copy of such plat, together with a notice of such 
 application for a patent, in a conspicuous place on the land em- 
 braced in such plat previous to the filing of the application for 
 a patent, and shall file an affidavit of at least two persons that 
 such notice has been duly posted, and shall file a copy of the 
 notice in such land office, and shall thereupon be entitled to a 
 patent for the land, in the manner following: The register of 
 the land office, upon the filing of such application, plat, field- 
 notes; notices and affidavits, shall publish a notice that such ap- 
 plication has been made, for the period of sixty days, in a 
 newspaper to be by him designated as published nearest to such 
 claim; and he shall also post such notice in his office for the 
 same period. The claimant at the time of filing this applica- 
 tion, or at any time thereafter within the sixty days of 
 publication, shall file with the register a certificate of the Unit- 
 ed States surveyor-general that five hundred dollars' worth of 
 labor has been expended or improvements made upon the claim 
 
10 MINING LAWS OP THE UNITED STATES 
 
 by himself or grantors; that the plat is correct, with such 
 further description by such reference to natural objects or per- 
 manent monuments as shall identify the claim, and furnish an 
 accurate description, to be incorporated in the patent. At the 
 expiration of the sixty days of publication the claimant shall 
 file his affidavit, showing that the plat and notice have been 
 posted in a conspicuous place on the claim during such period 
 of publication. If no adverse claim shall have been filed with 
 the register and the receiver of the proper land office at the 
 expiration of the sixty days of publication, it shall be assumed 
 that the applicant is entitled to a patent ; upon the payment to 
 the proper officer of five dollars per acre, and that no adverse 
 claim exists; and thereafter no objection from third parties to 
 the issuance of a patent shall be heard, except it be shown that 
 the applicant has failed to comply with the terms of this chap- 
 ter. Provided, That where the claimant for a patent is not a 
 resident of or within the land district wherein the vein, lode, 
 ledge or deposit sought to be patented is located, the applica- 
 tion for patent and the affidavits required to be made in this 
 section by the claimant for such patent may be made by his, 
 her, or its authorized agent, where said agent is conversant 
 with the facts sought to be established by said affidavit. And, 
 Provided, That this section shall apply to all applications now 
 pending for patents to mineral lands. (R. S.) 
 
 24 Nev. 273; 74 Pac. 518; 135 U. S. 298; 33 F. R. 562; 150 
 U. S. 587 ; 85 F. R. 485 ; 21 F. R. 695 ; 194 U. S. 233 ; 82 
 F. R. 697; 119 U. S. 167; 167 U. S. 115. 
 
 Fraud 128 U. S. 676. 
 
 Generally on this Section 171 U. S. 56 ; 177 U. S. 505 ; 188 
 
 U. S. 184; 13 Ariz. 42; 173 Fed. 895; 43 L. D. 128. 
 Sec. 910. No possessory action between persons in any 
 court of the United States for the recovery of any mining title 
 or for damages to any such title shall be affected by the fact 
 that the paramount title to the land in which such mines lie is 
 in the United States; but each case shall be adjudged by the 
 law of possession. 
 
 104 U. S. 283; 85 F. R. 486; 122 F. R. 784; 92 F. R. 230; 
 
 53 F. R. 321 ; 117 Cal. 489 ; 24 Or. 265. 
 
 Sec. 2326. (Adverse claim, proceedings on.) Where an ad- 
 verse claim is filed during the period of publication, it shall be 
 upon oath of the person or persons making the same, and shall 
 show the nature, boundaries, and extent of such adverse claim, 
 and all proceedings, except the publication of notice and mak- 
 ing and filing of the affidavit thereof, shall be stayed until the 
 controversy shall have been settled or decided by a court of 
 competent jurisdiction, or the adverse claim waived. It shall 
 be the duty of the adverse claimant, within thirty days after 
 filing his claim, to commence proceedings in a court of compe- 
 tent jurisdiction, to determine the question of the right of 
 
MINING LAWS OP THE UNITED STATES 11 
 
 possession, and prosecute the same with reasonable diligence 
 to final judgment; and a failure so to do shall be a waiver of 
 his adverse claim. After such judgment shall have been ren- 
 dered, the party entitled to the possession of the claim, or any 
 portion thereof, may, without giving further notice, file a cer- 
 tified copy of the judgment-roll with the register of the land 
 office, together with the certificate of the surveyor-general that 
 the requisite amount of labor has been expended or improve- 
 ments made thereon, and the description required in other 
 cases, and shall pay to the receiver five dollars per acre for his 
 claim, together with the proper fees, whereupon the whole pro- 
 ceedings and the judgment-roll shall be certified by the register 
 to the commissioner of the general land office, and a patent 
 shall issue thereon for the claim, or such portion thereof as the 
 applicant shall appear, from the decision of the court, to rightly 
 possess. If it appears from the decision of the court that sev- 
 eral parties are entitled to separate and different portions of 
 the claim, each party may pay for his portion of the claim, 
 with the proper fees, and file the certificate and description by 
 the surveyor-general, whereupon the register shall certify the 
 proceedings and judgment-roll to the commissioner of the 
 general land office, as in the preceding case, and patents shall 
 issue to the several parties according to their respective rights. 
 Nothing herein contained shall be construed to prevent the 
 alienation of the title conveyed by a patent for a mining-claim 
 to any person whatever. (R. S.) 
 
 180 U. S. 534; 177 U. S. 534; 175 U. S. 579; 177 U. S. 513; 
 
 157 U. S. 694; 114 Cal. 100; 114 U. S. 585; 119 U. S. 485; 
 
 163 U. S. 165; 123 F. R. 936; 67 Pac. 724; 95 F. R. 213; 
 
 83 Cal. 300; 129 Cal. 480; 119 U. S. 485; 109 U. S. 440; 
 
 107 U. S. 401; 57 Pac. 641; 111 U. S. 350; 13 Ariz. 42; 
 
 14 Cal. App. 642; 102 Pac. 1072; 17 Idaho 321. 
 (Act of March 3, 1881, ch. 140, 21 Stat. L. 505.) 
 (Findings by Jury Costs.) That, if in any action brought 
 pursuant to section twenty-three hundred and twenty-six of 
 the Revised Statutes, title to the ground in controversy shall 
 not be established by either party, the jury shall so find, and 
 judgment shall be entered according to the verdict. In such 
 case costs shall not be allowed to either party, and the claim- 
 ant shall not proceed in the land-office or be entitled to a pat- 
 ent for the ground in controversy until he shall have perfected 
 his title. 
 
 (Act of April 26, 1882, ch. 106, 22 Stat. L. 49.) 
 Sec. 1. (Oath of Claimant, Before Whom Made.) That 
 the adverse claim required by section twenty-three hundred 
 and twenty-six of the Revised Statutes may be verified by the 
 oath of any duly-authorized agent or attorney-in-fact of the 
 adverse claimant cognizant of the facts stated; and the ad- 
 verse claimant, if residing or at the time being beyond the lim- 
 
12 MINING LAWS OF THE UNITED STATES 
 
 its of the district, wherein the claim is situated, may make 
 oath to the adverse claim before the clerk of any court of 
 record of the United States or of the state or territory where 
 the adverse claimant may then be, or before any notary pub- 
 lic of such state or territory. 
 
 Sec. 2. 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 citizen- 
 ship before the clerk of any court of record, or before any 
 notary public of any State or Territory. 
 
 Sec. 2327. The description of vein or lode claims, upon sur- 
 veyed lands, shall designate the location of the claim with ref- 
 erence to the lines of the public surveys, but need not conform 
 therewith; but where patents have been or shall be issued for 
 claims upon unsurveyed lands, the surveyors-general, in ex- 
 tending the public survey, shall adjust the same to the bound- 
 aries of said patented claims so as in no case to interfere with 
 or change the true location of such claims as they are officially 
 established upon the ground. Where patents have issued for 
 mineral lands, those lands only shall be segregated and shall 
 be deemed to be patented which are bounded by the lines 
 actually marked, defined, and established upon the ground 
 by the monuments of the official survey upon which the patent 
 grant is based, and surveyors-general in executing subsequent 
 patent surveys, whether upon surveyed or unsurveyed lands, 
 shall be governed accordingly. The said monuments shall at 
 all times constitute the highest authority as to what land is 
 patented, and in case of any conflict between the said monu- 
 ments of such patented claims and the descriptions of said 
 claims in the patents issued therefor the monuments on the 
 ground shall govern, and erroneous or inconsistent descrip- 
 tions or calls in the patent descriptions shall give way 
 thereto. 
 
 Sec. 2328. Concerns applications for patents, pending prior 
 to May, 1872. 
 
 Sec. 2329. Claims usually called " placers" including all 
 forms of deposit, excepting veins of quartz, or other rock in 
 place, shall be subject to entry and patent, under like circum- 
 stances and conditions, and upon similar proceedings, as are 
 provided for vein or lode claims; but where the lands have 
 been previously surveyed by the United States, the entry in its 
 exterior limits shall conform to the legal subdivisions of the 
 public lands. 
 
 See Gould & T. 3, 441. 
 
 128 U. S. 679 ; 196 U. S. 119 ; 65 Cal. 40 ; 78 Cal. 595 ; 134 
 
 Cal. 350; 13 Ariz. 331; 112 Pac. 172; 201 Fed. 830. 
 What Can Be Located As Placer. (See, also, citations 
 
 2330). Stone, oil, salt springs, granite quarries, marble. 
 
MINING LAWS OF THE UNITED STATER 13 
 
 Clay, and Pumice or Volcanic Ash (Silica) See 41 L. D. 
 584. 
 
 (Act of August 4, 1892, ch. 375, 27 Stat. L. 348.) 
 
 Sec. 1. (Entry of building stone lands under placer claims 
 laws.) That any person authorized to enter lands under the 
 mining laws of the United States may enter lands that are 
 chiefly valuable for building stone under the provisions of the 
 law in relation to placer mineral claims, Provided, That lands 
 reserved for the benefit of the public schools or donated to any 
 state shall not be subject to entry under this act. (27 Stat. L. 
 348.) 
 
 (Note See case of Stanislaus Elec. Power Co., 41 L.D. 
 655.) 
 
 An Act extending the mining laws to saline lands. 
 
 (Act of January 31, 1901, ch. 186, 31 Stat. L. 745.) 
 
 (Entry of Saline Lands Under Placer Claims Laws.) That 
 all unoccupied public lands of the United States containing 
 salt springs, or deposits of salt in any form, and chiefly valu- 
 able therefor, are hereby declared to be subject to location 
 and purchase under the provisions of the law relating to placer 
 mining claims. Provided, That the same person shall not lo- 
 cate or enter more than one claim hereunder. (31 Stat. L. 745.) 
 
 Sec. 2330. Legal subdivisions of forty acres may be sub- 
 divided into ten-acre tracts, and two or more persons, or asso- 
 ciations of persons, having contiguous claims of any size, al- 
 though such claims may be less than ten acres each, may make 
 joint entry thereof; but no location of a placer claim, made 
 after the ninth day of July, eighteen hundred and seventy, 
 shall exceed one hundred and sixty acres for any one person 
 or association of persons, which location shall conform to 
 the United States surveys; and nothing in this section con- 
 tained shall defeat or impair any bona fide preemption or home- 
 stead claim upon agricultural lands, or authorize the sale of the 
 improvements of any bona fide settler to any purchaser. 
 104 U. S. 636; 4 Sawyer 28; 104 U. S. 653; 140 Cal. 440; 
 14 Mont. 88; 171 Fed. 825; 177 Fed. 95; 187 Fed. 385; 
 47 Colo. 263. 
 
 Sec. 2331. Where placer claims are upon surveyed lands, 
 and conform to legal subdivisions, no further survey or plat 
 shall be required, and all placer mining claims located after 
 the tenth day of May, eighteen hundred and seventy-two, shall 
 conform as near as practicable with the United States system 
 of public lands surveys, and the. rectangular subdivisions of 
 such surveys, and no such location shall include more than 
 twenty acres for each individual claimant ; -but where placer 
 claims cannot be conformed to legal subdivisions, survey and 
 plat shall be made as on unsurveyed lands; arid where by the 
 segregation of mineral land in any legal subdivision a quantity 
 of agricultural land less than forty acres remains, such frac- 
 
14 MINING LAWS OF THE UNITED STATES 
 
 tional portion of agricultural land may be entered by any party 
 qualified by law, for homestead or preemption purposes. 
 84 Cal. 415 ; 94 F. K. 383 ; 78 Cal. 596 ; 40 L. D. 401. 
 (Note A corporation, regardless of number of its stock- 
 holders, may locate only 20 acres of placer ground, the 
 same as one individual. See case of Stanislaus Elec. 
 Power Co., 41 L. D. 655, decided Sept. 4, 1912.) 
 Sec. 2332. (What evidence of possession, etc., to establish 
 a right to a patent.) Where such person or association, they 
 and their grantors, have held and worked their claims for a 
 period equal to the time prescribed by the statute of limitations 
 for mining claims of the state or territory where the same may 
 be situated, evidence of such possession and working of the 
 claims for such period shall be sufficient to establish a right 
 to a patent thereto under this chapter, in the absence of any 
 adverse claim; but nothing in this chapter shall be deemed to 
 impair any lien which may have attached in any way what- 
 ever to any mining claim or property thereto attached prior to 
 the issuance of a patent. 
 
 127 U. S. 348; 104 U. S. 279; 28 Colo. 364; 114 Cal. 105; 26 
 Utah 1 ; 83 Cal. 296. 
 
 Sec. 2333. Where the same person, association, or corpora- 
 tion is in possession of a placer claim, and also a vein or lode in- 
 cluded within the boundaries thereof, application shall be made 
 for a patent for the placer claim, with the statement that it in- 
 cludes such vein or lode, and in such case a patent shall issue 
 for the placer claim, subject to the provisions of this chapter, 
 including such vein or lode upon the payment of five dollars per 
 acre for such vein or lode claim, and twenty-five feet of surface 
 on each side thereof. The remainder of the placer claim, or any 
 placer claim not embracing any vein or lode claim, shall be 
 paid for at the rate of two dollars and fifty cents per acre, to- 
 gether with all costs of proceedings ; and where a vein or lode, 
 such as is described in section twenty-three hundred and twen- 
 ty, is known to exist within the boundaries of a placer claim, an 
 application for a patent for such placer claim which does not in- 
 clude an application for the vein or lode claim shall be con- 
 strued as a conclusive declaration that the claimant of the 
 placer claim has no right of possession of the vein or lode claim ; 
 but where the existence of a vein or lode in a placer claim is 
 not known, a patent for the placer claim shall convey all valu- 
 able mineral and other deposits within the boundaries there- 
 of. See G. & T. 3, 441 ; 116 U. S. 687-696 ; 124 U. S. 348 ; 109 
 
 ' U. S. 550; 128 U. S. 673; 100 U. S. 37; 132 U. S. 262; 
 127 U. S. 353; 124 U. S. 383; 143 U. S. 400; 134 Cal. 350; 
 135 U. S. 292; 75 Pac. 420; 149 Cal. 603; 158 Cal. 559; 
 157 Fed. 203. 
 
MINING LAWS OF THE UNITED STATES 15 
 
 LOCATION OP OIL AND GAS CLAIMS. 
 
 These are placer claims. See sections 2329 to 2333 U. S. 
 Statutes, page 12. 
 
 An Act authorizing entry of petroleum or other mineral oil 
 lands under placer claim laws. 
 
 That any person authorized to enter lands under the min- 
 ing laws of the United States may enter and obtain patents 
 to lands containing petroleum or other mineral oils, and chiefly 
 valuable therefor, under the provisions of the laws relating to 
 placer mineral claims. Provided, That lands containing such 
 petroleum or other mineral oils which have heretofore been 
 filed upon, claimed, or improved as mineral, but not yet pat- 
 ented, may be held and patended under the provisions of this 
 Act the same as if such filing, claim or improvement were sub- 
 sequent to the date of the passage hereof. (29 Stat. L. 526.) 
 Approved Feb. 11, 1897. 
 
 An Act defining what shall constitute Assessments on Oil 
 Mining Claims. (Act of February 12, 1903, ch. 548, 32 Stat. 
 L. 825.) 
 
 (Assessments required for Oil Mining Claims.) That where 
 oil lands are located under the provisions of title thirty-two, 
 chapter six, Revised Statutes of the United States, as' placer 
 mining claims, the annual assessment labor upon such claims 
 may be done upon any one of a group of claims lying con- 
 tiguous and owned by the same person or corporation, not 
 exceeding five claims in all : Provided, That said labor will tend 
 to the development or to determine the oil-bearing character 
 of such contiguous claims. 
 
 An Act to authorize the President of the United States to 
 make withdrawals of public lands in certain cases. 
 (Known as Pickett Bill.) 
 
 Be it enacted by the Senate and House of Representatives of 
 the United States of America in Congress assembled, That the 
 President may, at any time in his discretion, temporarily with- 
 draw from settlement, location, sale, or entry any of the pub- 
 lic lands of the United States including the District of Alaska 
 and reserve the same for water-power sites, irrigation, classi- 
 fication of lands, or other public purposes to be specified in 
 the orders of withdrawals, and such withdrawals or reserva- 
 tions shall remain in force until revoked by him or by an Act 
 of Congress. 
 
 Sec. 2. That all lands withdrawn under the provisions of 
 this Act shall at all times be open to exploration, discovery, 
 occupation, and purchase, under the mining laws of the United 
 States, so far as the same apply to minerals other than coal, 
 oil, gas, and phosphates: Provided, That the rights of any 
 person who, at the date of any order of withdrawal hertofore 
 or hereafter made, is a bona fide occupant or claimant of oil 
 
16 MINING LAWS OF THE UNITED STATES 
 
 or gas bearing lands, and who, at such date, is in diligent prose- 
 cution of work leading to discovery of oil or gas, shall not 
 be affected or impaired by such order, so long as such occupant 
 or claimant shall continue in diligent prosecution of said work : 
 And provided further, That this Act shall not be construed 
 as a recognition, abridgment, or enlargement of any asserted 
 rights or claims initiated upon any oil or gas bearing lands 
 after any withdrawal of such lands made prior to the passage 
 of this Act: And provided further, That there shall be ex- 
 cepted from the force and effect of any withdrawal made under 
 the provisions of this Act all lands which are, on the date of 
 such withdrawal, embraced in any lawful homestead or desert- 
 land entry theretofore made, or upon which any valid settle- 
 ment has been made and is at said date being maintained and 
 perfected pursuant to law; but the terms of this proviso shall 
 not continue to apply to any particular tract of land unless 
 the entry man or settler shall continue to comply with the law 
 under which the entry or settlement was made : And provided 
 further, That hereafter no forest reserve shall be created, nor 
 shall any additions be made to one heretofore created within 
 the limits of the States of Oregon, Washington, Idaho, Mon- 
 tana, Colorado, or Wyoming, except by Act of Congress. 
 
 Sec, 3. That the Secretary of the Interior shall report all 
 such withdrawals to Congress at the beginning of its next regu- 
 lar session after the date of the withdrawals. 
 
 Approved, June 25, 1910. 
 
 Case of Bakersfield Fuel and Oil Co. 
 
 (Decided January 19, 1911. See also black type, page 18.) 
 Placer Location Oil Lands Transferee. 
 
 A placer location of oil lands for 160 acres, made by eight 
 persons and subsequently transferred to a single individual, 
 invalid because not preceded by discovery, can not be per- 
 fected by the transferee upon a subsequent discovery to the 
 full area so located, but only as to twenty acres thereof. 
 Corporation Regarded as Entity in Acquiring Public Lands. 
 
 A corporation in acquiring title under the public land laws 
 must be regarded as an entity, with no greater right than an 
 individual. 
 Discovery Prerequisite to Initiation of Title. 
 
 Discovery of mineral is an essential prerequisite to initiation 
 of title under the mining laws. 
 Discovery Subsequent to Location Doctrine of Relation. 
 
 While discovery of mineral subsequent to location of a min- 
 ing claim is sometimes held by the land department to relate 
 back to the date of location, where there was no precedent dis- 
 covery, the doctrine of relation can not be invoked to the dis- 
 advantage of intervening adverse claims nor to permit any one 
 
MINING LAWS OF THE UNITED STATES 17 
 
 to secure more land by indirect means than may be done 
 directly. 
 
 Appellant relies upon the case of Miller v. Chrisman (140 
 Cal., 140), in which the Supreme Court of California clearly de- 
 cided adverse to the doctrine of the Yard Case. While the 
 Department has great respect for the decisions of the state 
 courts, it does not feel bound to follow them at all times. The 
 case of Miller v. Chrisman was carried to the Supreme Court 
 of the United States and there affirmed (197 U. S., 313). A 
 careful and critical examination of the opinion of the Supreme 
 Court of the United States convinces the Department that that 
 court did not intend to and did not adopt the doctrine laid 
 down by the Supreme Court of California. There is no sug- 
 gestion in the opinion that would warrant any such conclusion. 
 It turned upon another point, that the intervener had not made 
 such a discovery as would entitle him to protection. We 
 do not regard it as an authority in the case at bar. 
 
 An Act to protect the locators in good faith of oil and gas 
 lands who shall have effected an actual discovery of oil or gas 
 on the public lands of the United States, or their successors 
 in interest. 
 
 Be it enacted by the Senate and House of Representatives of 
 the United States of America in Congress assembled, That in 
 no case shall patent be denied to or for any lands heretofore lo- 
 cated or claimed under the mining laws of the United States 
 containing petroleum, mineral oil, or gas solely, because of any 
 transfer or assignment thereof or of any interest or interests 
 therein by the original locator or locators, or any of them, to 
 any qualified persons or person, or corporation, prior to dis- 
 covery of oil or gas therein, but if such claim is in all other 
 respects valid and regular, patent therefor not exceeding one 
 hundred and sixty acres in any one claim shall issue to the 
 holder or holders thereof, as in other cases: Provided, however, 
 That such lands were not at the time of inception of develop- 
 ment on or under such claim withdrawn from mineral entry. 
 
 Approved, March 2, 1911. 
 
 (Corporation can locate only 20 acres same as one indi- 
 vidual. See 40 L. D. 401; 41 L. D. 655.) 
 
 OIL AND PHOSPHATE LANDS AGRICULTURAL ENTRY. 
 
 AN ACT to provide for agricultural entry of lands withdrawn, 
 classified, or reported as containing phosphate, nitrate, 
 potash, oil, gas, or asphaltic minerals. 
 
 (39 U. S. Stat. 509 July 17, 1914). 
 
 Be it enacted, etc., That lands withdrawn or classified as 
 phosphate, nitrate, potash, oil, gas, or asphaltic minerals, or 
 which are valuable for those deposits, shall be subject to ap- 
 
18 MINING LAWS OP THE UNITED STATES 
 
 propriation, location, selection, entry, or purchase, if other- 
 wise available, under the non-mineral land laws of the United 
 States, whenever such location, selection, entry, or purchase 
 shall be made with a view of obtaining or passing title with a 
 reservation to the United States of the deposits on account of 
 which the lands were withdrawn or classified or reported as 
 valuable, together with the right to prospect for, mine, and 
 remove the same; but no desert entry made under the pro- 
 visions of this act shall contain more than 160 acres : Provided, 
 That all applications to locate, select, enter, or purchase under 
 this section shall state that the same are made in accordance 
 with and subject to the provisions and reservations of this act. 
 Section 2. That upon satisfactory proof of full compliance 
 with the provisions of the laws under which the location, se- 
 lection, entry, or purchase is made, the locator, selector, entry- 
 man, or purchaser shall be entitled to a patent to the land 
 located, selected, entered, or purchased, which patent shall 
 contain a reservation to the United States of the deposits on 
 account of which the lands so patented were withdrawn or 
 classified or reported as valuable, together with the right to 
 prospect for, mine, and remove the same, such deposits to be 
 subject to disposal by the United States only as shall be here- 
 after expressly directed by law. Any person qualified to ac- 
 quire the reserved deposits may enter upon said lands with a 
 view of prospecting for the same upon the approval by the 
 Secretary of the Interior of a bond or undertaking to be filed 
 with him as security for the payment of all damages to the 
 crops and improvements on such lands by reason of such pros- 
 pecting, the measure of any such damage to be fixed by agree- 
 ment of parties or by a court of competent jurisdiction. Any 
 person who has acquired from the United States the title to or 
 the right to mine and remove the reserved deposits, should 
 the United States dispose of the mineral deposits in lands, may 
 re-enter and occupy so much of the surface thereof as may be 
 required for all purposes reasonably incident to the mining 
 and removal of the imnerals therefrom, and mine and remove 
 such minerals, upon payment of damages caused thereby to 
 the owner of the land, or upon giving a good and sufficient 
 bond or undertaking therefor in an action instituted in any 
 competent court to ascertain and fix said damages : Provided, 
 That nothing herein contained shall be held to deny or abridge 
 the right to present and have prompt consideration of appli- 
 cations to locate, select, enter, or purchase, under the land laws 
 of the United States, lands which have been withdrawn or 
 classified as phosphate, nitrate, potash, oil, gas, or asphaltic 
 mineral lands, with a view of disproving such classification 
 and securing patent without reservation, nor shall persons 
 who have located, selected, entered, or purchased lands subse- 
 quently withdrawn, or classified as valuable for said mineral 
 
MINING LAWS OF THE UNITED STATES 19 
 
 deposits, be debarred from the privilege of showing, at any 
 time before final entry, purchase, or approval of selection or 
 location, that the lands entered, selected, or located are in 
 fact non-mineral in character. 
 
 Sec. 3. That any person who has, in good faith, located, 
 selected, entered, or purchased, or any person who shall here- 
 after locate, select, enter, or purchase, under the non-mineral 
 land laws of the United States, any lands which are subse- 
 quently withdrawn, classified, or reported as being valuable 
 for phosphate, nitrate, potash, oil, gas, or asphaltic minerals, 
 may, upon application therefor, and making satisfactory proof 
 of compliance with the laws under which such lands are 
 claimed, receive a patent therefor, which patent shall contain 
 a reservation to the United States of all deposits on account 
 of which the lands were withdrawn, classified, or reported as 
 being valuable, together with the right to prospect for, mine, 
 and remove the same. 
 
 OIL AND GAS LANDS LOCATORS PROTECTED 
 AMENDMENT. 
 
 AN ACT to amend an Act entitled, "An Act to protect the 
 locators in good faith of oil and gas lands who shall have 
 effected an actual discovery of oil or gas on the public 
 lands of the United States, or their successors in inter- 
 est," approved March 2, 1911. 
 
 (39 U. S. Stat. 708 Aug. 25, 1914.) 
 
 Be it enacted, etc., That an act entitled "An Act to pro- 
 tect the locators in good faith of oil and gas lands who shall 
 have effected an actual discovery of oil or gas on the public 
 lands of the United States, or their successors in interest,' 
 approved March 2, 1911, be amended by adding thereto the 
 following section: 
 
 "Sec. 2. That where applications for patents have been or 
 may hereafter be offered for any oil or gas land included in 
 an order of withdrawal upon which oil or gas has heretofore 
 been discovered, or is being produced, or upon which drilling 
 operations were in actual progress on October 3, 1910, and oil 
 or gas is thereafter discovered thereon, and where there has 
 been no final determination by the Secretary of the Interior 
 upon such applications for patent, said Secretary, in his dis- 
 cretion, may enter into agreements, under such conditions as 
 he may prescribe with such applicants for patents in posses- 
 sion of such land or any portions thereof, relative to the dis- 
 position of the oil or gas produced therefrom or the proceeds 
 thereof, pending final determination of the title thereto by 
 the Secretary of the Interior, or such other disposition of the 
 same as may be authorized by law. Any money which may 
 accrue to the United States under the provisions of this act 
 
20 MINING LAWS OP THE UNITED STATES 
 
 from lands within the Naval petroleum reserves shall be set 
 aside for the needs of the Navy and deposited in the Treasury 
 to the credit of a fund to be known as the Navy petroleum 
 fund, which fund shall be applied to the needs of the Navy 
 as Congress may from time to time direct, by appropriation 
 or otherwise." 
 
 Sec. 2334. (Surveyor-general to appoint surveyors of min- 
 ing claims, etc.) The surveyor-general of the United States 
 may appoint in each land district containing mineral lands as 
 many competent surveyors as shall apply for appointment to 
 survey mining claims. The expenses of the survey of vein or 
 lode claims, and the survey and subdivision of placer claims 
 into smaller quantities than one hundred and sixty acres, to- 
 gether with the cost of publication of notices, shall be paid by 
 the applicants, and they shall be at liberty to obtain the same 
 at the most reasonable rates, and they shall also be at liberty 
 to. employ any United States deputy surveyor to make the 
 survey. The commissioner of the general land office shall also 
 have power to establish the maximum charges for surveys and 
 publication of notices under this chapter; and, in case of ex- 
 cessive charges for publication, he may designate any news- 
 paper published in a land-district whore mines are situated for 
 the publication of mining-notices in such district, and fix the 
 rates to be charged by such paper ; and, to the end that the com- 
 missioner may be fully informed on the subject, each applicant 
 shall file with the register a sworn statement of all charges and 
 fees paid by such applicant for publication and surveys, to- 
 gether with all fees and money paid the register and receiver 
 of the land office, which statement shall be transmitted, with 
 the other papers in the case, to the commissioner of the general 
 land office. (R. S.) 
 
 Sec. 2335. (Verification of Affidavits, etc.) All affidavits 
 required to be made under this chapter may be verified before 
 any officer authorized to administer oaths within the land- 
 district where the claims may be situated, and all testimony 
 and proofs may be taken before any such officer, and, when 
 duly certified by the officer taking the same, shall have the 
 same force and effect as if taken before the register and 
 receiver of the land office. In cases of contest as to the mineral 
 or agricultural character of land, the testimony and proofs may 
 be taken as herein provided on personal notice of at least ten 
 days to the opposing party; or if such party cannot be found, 
 then by publication of at least once a week for thirty days in 
 a newspaper to be designated by the register of the land office 
 as published nearest to the location of such land ; and the regis- 
 ter shall require proof that such notice has been given. (R. S.) 
 54 F. R. 252; 44 F. R. 800. 
 
 Sec. 2336. (Where Veins Intersect, etc.) Where two or 
 
 \ 
 
MINING LAWS OF THE UNITED STATES 21 
 
 more veins intersect or cross each other, priority of title shall 
 govern, and such prior location shall be entitled to all ore or 
 mineral contained within the space of intersection ; but the sub- 
 sequent location shall have the right of way through the space 
 of intersection for the purpose of the convenient working of 
 the mine. And where two or more veins unite, the oldest or 
 prior location shall take the vein below the point of union, in- 
 cluding all the space of intersection. (R. S.) 
 
 159 U. S. 658; 101 Cal. 358; 75 Cal. 78; 182 U. S. 505; 27 
 Colo. 16 ; 101 Cal. 361 ; 207 U. S. 1. 
 
 Sec. 2337. Where non-mineral land not contiguous to the 
 vein or lode is used or occupied by the proprietor of such vein 
 or lode for mining or milling purposes, such non-adjacent sur- 
 face ground may be embraced and included in an application 
 for a patent for such vein or lode, and the same may be 
 patented therewith, subject to the same preliminary require- 
 ments as to survey and notice as are applicable to veins or 
 lodes ; but no location hereafter made of such non-adjacent land 
 shall exceed five acres, and payment for the same must be made 
 at the same rate as fixed by this chapter for the superficies of 
 the lode. The owner of a quartz mill or reduction works, not 
 owning a mine in connection therewith, may also receive a 
 patent for his mill site, as provided in this section. 
 
 133 Cal. 637; 28 Colo. 367; 17 Nev. 460; 79 F. R. 890. 
 
 Sec. 2338. As a condition of sale, in the absence of neces- 
 sary legislation by congress, the local legislature of any State 
 or Territory may provide rules for working mines, involving 
 easements, drainage and other necessary means to their com- 
 plete development ; and those conditions shall be fully expressed 
 in the patent. 
 
 Ill Cal. 577; 182 U. S. 500; 73 Cal. 484. 
 
 Sec. 2339. Whenever, by priority of possession, rights to 
 the use of water for mining, agricultural, manufacturing, or 
 other purposes, have vested and accrued, and the same are 
 recognized and acknowledged by the local customs, laws and 
 the decisions of courts, the possessors and owners of such vest- 
 ed rights shall be maintained and protected in the same; and 
 the right of way for the construction of ditches and canals for 
 the purposes herein specified is acknowledged and confirmed; 
 but whenever any person, in the construction of any ditch or 
 canal, injures or damages the possession of any settler on the 
 public domain, the party committing such injury or damage 
 shall be liable to the party injured for such injury or damage. 
 
 - 101 U. S. 276; 174 U. S. 704; 188 U. S. 553; 175 U. S. 571; 
 50 Cal. 621; 26 Colo. 74; 133 Cal. 566; 39 Oregon 148; 
 98 U. S. 453. 
 Sec. 2340. All patents granted, or pre-emptions, or home- 
 
22 MINING LAWS OF THE UNITED STATES 
 
 steads allowed, shall be subject to any vested and accrued 
 water rights, or rights to ditches and reservoirs used in connec- 
 tion with such water rights, as may have been acquired under 
 or recognized by the preceding section. 
 
 Sec. 2341. Concerns homesteads upon mineral lands. 
 
 Sec. 2342. (How Secretary of the Interior shall set apart 
 mineral lands found to be agricultural.) 
 
 Sec. 2343. (Concerns establishment of land districts.) 
 
 Sec. 2346. Exempts mineral lands in grants to corporations 
 for the construction of railroads. 
 
 MINING CLAIMS IN FOREST RESERVES. 
 
 The Congressional act of June 4th, 1897, provides as follows : 
 
 "It is not the purpose or intent of these provisions, or of the 
 act providing for such reservations, to authorize the inclusion 
 therein of lands more valuable for the mineral therein, or for 
 agricultural purposes, than for forest purposes." 
 
 And in the same act it is provided : 
 
 "Nor shall anything herein prohibit any person from enter- 
 ing upon such forest reservations for all proper and lawful pur- 
 poses, including that of prospecting, locating and developing 
 the mineral resources thereof ; provided, that such persons com- 
 ply with the rules and regulations covering such forest reserva- 
 tions." 
 
 The act provides for the restoration to the public domain of 
 tracts more valuable for mining or agricultural purposes, and 
 then proceeds : 
 
 ' ' And any mineral lands in any forest reservation which have 
 been or may be shown to be such and subject to entry under the 
 existing mining laws of the United States and the rules and 
 regulations applying thereto, shall continue to be subject to 
 such location and entry notwithstanding any provisions herein 
 contained. ' ' 
 
 Under these statutes it is now held by the land department 
 that the forest reserves are open to the location of mining 
 claims. There can be no doubt of the meaning of congress upon 
 this subject. Lands within forest reserves are subject to the 
 operation of the mining laws. 
 
 MILL SITES. 
 
 See Section 2337 R. S. Ante. For Statutory provisions. 
 
 Mill sites are located by posting notice and staking by a sub- 
 stantial post or stake at each angle, which ordinary prudence 
 would require to be inscribed with the name of the mill site and 
 the number of the corner. There are no Congressional regula- 
 tions of the details of such location, but their record should 
 
MINING LAWS OF THE UNITED STATES 23 
 
 conform to the requirement applicable to the record of all 
 classes of claims, to-wit, that it contain a sufficient description 
 by reference to natural objects or permanent monuments ; which 
 terms of the statute are no more than a statement of what is 
 required as a matter of course without such statute. In other 
 words, where any record whatsoever is essential to either 
 original claim or conveyance, it must contain a description suffi- 
 cient to identify the land intended to be described. 
 
 Post location notice at some conspicuous point on the claim, 
 in substance as follows: 
 
 MILL SITE LOCATION NOTICE. 
 
 I claim the mill site ( 
 
 feet by feet ) as staked on this ground. 
 
 Date of location 
 
 (signature) 
 
 And make record in the proper county of the 
 Location Certificate of Mill Site. 
 
 To all whom these presents may concern: Know ye that I, 
 
 of , do hereby declare and 
 
 publish as a legal notice to all the world that I have a valid 
 right to the occupation, possession and enjoyment of all and 
 singular that tract or parcel of land, not exceeding five acres, 
 
 situate, lying and being in the Mining 
 
 district, in the County of , in the State of 
 
 , bounded and described as follows, to-wit : The 
 
 mill site, beginning at corner. No one 
 
 from which. (description continued) to the 
 
 place of beginning. 
 
 Together with all and singular the hereditaments and ap- 
 purtenances thereunto belonging or in anywise appertaining. 
 
 Witness my hand and seal this day of 
 
 in the year of our Lord one thousand nine hundred and 
 
 (signature) (seal) 
 
 State of County of 
 
 Before me, the subscriber, a notary public in and for said 
 county, personally appeared , to me person- 
 ally known to be the same person described in, and who exe- 
 cuted the within Location Certificate of Mill Site, and acknowl- 
 
24 MINING LAWS OF THE UNITED STATES 
 
 edged that he signed, sealed and published the same as his free 
 and voluntary act and deed for the uses and purposes therein 
 set forth. 
 
 Witness my hand and notarial seal, this day of 
 
 , 19 .... My commission expires 
 
 (Seal) Notary Public. 
 
 It is not absolutely necessary that the mill site should be 
 named to comply with the law, but it would be found very in- 
 convenient not to do so. The location of a mill site should be 
 followed by occupancy or improvement. (10 Mining Reports 
 337.) 
 
 A plot of ground containing five acres is equal to 
 466.69x466.69 feet square. To hold land as a mill site it must 
 be non-mineral, non-contiguous to the lode and must be actually 
 used or kept by the owner for mining or milling purposes. It 
 may be used for boarding houses for miners, for ore houses as 
 well as for mining machinery. 
 
 The following uses will hold a mill site : 
 
 1. Building thereon a pumping plant to carry water to the 
 mine. 
 
 2. Storing water thereon to use at the mine. 
 
 3. Using the land to store ore or tailings. 
 
 4. Placing boarding houses or shops thereon for workmen. 
 
 5. Use as a ware-house for storing tools. 
 
 A mill site can not be patented to obtain title to water claim 
 or for the timber that is on it. 
 
 $500.00 labor on a lode claim is sufficient to patent both lode 
 and mill site if mill site is actually used and occupied. 
 
 TIMBER. 
 
 An Act authorizing the citizens of Colorado, Nevada and 
 the Territories to fell and remove timber on the public domain 
 for mining and domestic purposes. Approved June 3, 1878. 
 (20 Stat. L., 88.) 
 
 That all citizens of the United States and other persons, 
 bona fide residents of the State of Colorado or Nevada, or 
 either of the Territories of New Mexico, Arizona, Utah, Wyom- 
 ing, Dakota, Idaho or Montana, and all other mineral districts 
 of the United States, shall be, and are hereby authorized and 
 permitted to fell and remove, for building, agricultural, min- 
 ing, or other domestic purposes, any timber or other trees 
 growing- or being on the public lands, said lands being mineral, 
 and not subject to entry under existing laws of the United 
 States, except for mineral entry, in either of said states, terri- 
 tories or districts of which such citizens or persons may be at 
 the time bona fide residents, subject to such rules and regu- 
 lations as the Secretary of the Interior may prescribe for the 
 protection of the timber and of the undergrowth growing upon 
 
MINING LAWS OF THE UNITED STATES 25 
 
 such lands, and for other purposes : Provided, the provisions 
 of this act shall not extend to railroad corporations. 
 
 Sec. 2. (Provides that registers and receivers of land offices 
 shall ascertain whether timber is being cut for other purposes 
 than mentioned above.) 
 
 Sec. 3. (This section provides a penalty for violation of 
 this act.) 
 
 MINING ON TOWN SITES. 
 
 An Act to repeal the timber culture laws, and for other pur- 
 poses. Approved March 3, 1891. (26 Stat. L., 1095.) In this 
 act may be found the following: 
 
 Sec. 16. That town site entries may be made by incorporated 
 towns and cities on the mineral lands of the United States, 
 but no title shall be acquired by such towns or cities to any 
 vein of gold, silver, cinnabar, copper or lead, or to any valid 
 mining claim or possession held under existing law. When 
 mineral veins are possessed within the limits of an incor- 
 porated town or city, and such possession is recognized by local 
 authority or by the laws of the United States, the titlr* to town 
 lots shall be subject to such recognized possession and the nec- 
 essary use thereof, and when entry has been made or patent 
 issued for such town sites to such incorporated town or city, 
 the possessor of such mineral vein may enter and receive patent 
 for such mineral vein, and the surface ground appertaining 
 thereto : Provided, that no entry shall be made by such 
 mineral-vein claimant for surface ground where the owner 
 or occupier of the surface ground shall have had possession 
 of the same before the inception of the title of the mineral-vein 
 applicant. 
 
 COAL LANDS. 
 
 Sec. 2347. (Entry of Coal Lands.) Every person above 
 the age of twenty-one years, who is a citizen of the United 
 States, or who has declared his intention to become such, or 
 any association of persons severally qualified as above, shall, 
 upon application to the register of the proper land office, have 
 the right to enter, by legal subdivisions, any quantity of vacant 
 coal lands of the United States not otherwise appropriated or 
 reserved by competent authority, not exceeding one hundred 
 and sixty acres to such individual person, or three hundred 
 and twenty acres to such association, upon payment to the 
 receiver of not less than ten dollars per acre, for such lands, 
 where the same shall be situated more than fifteen miles from 
 any completed railroad, and not less than twenty dollars 
 per acre for such lands as shall be within fifteen miles of such 
 road. (R. S.) 
 
 123 U. S. 325; 137 U. S. 169. 
 
26 MINING LAWS OF THE UNITED 
 
 Sec. 2348. (Pre-emption of Coal Lands.) Any person or 
 association of persons severally qualified, as above provided, 
 who have opened and improved, or shall hereafter open and 
 improve, any coal mine or mines upon the public lands, and 
 shall be in actual possession of the same, shall be entitled 
 to a preference-right of entry, under the preceding section, of 
 the mines so opened and improved. Provided, That when any 
 association of not less than four persons, severally qualified as 
 above provided, shall have expended not less than five thou- 
 sand dollars in working and improving any such mine or 
 mines, such association may enter not exceeding six hundred 
 and forty acres, including such mining improvements. (R. S.) 
 Pre-emption Claims of Coal-Land to be Presented Within Sixty 
 
 Days, etc. 
 
 Sec. 2349. All claims under the preceding section must be 
 presented to the register of the proper land district within 
 sixty days after the date of actual possession and the com- 
 mencement of improvements on the land, by the filing of a de- 
 claratory statement therefor; but when the township plat is 
 not on file at the date of such improvement, filing must be 
 made within sixty days from the receipt of such plat at the dis- 
 trict office ; and where the improvements shall have been made 
 prior to the expiration of three months from the third day of 
 March, eighteen hundred and seventy-three, sixty days from 
 the expiration of such three months shall be allowed for the 
 filing of a declaratory statement, and no sale under the provis- 
 ions of this section shall be allowed until the expiration of six 
 months from the third day of March, eighteen hundred and 
 seventy-three. (R. S.) 
 
 123 U. S. 313. 
 Only One Entry Allowed. 
 
 Sec. 2350. The three preceding sections shall be held to 
 authorize only one entry by the same person or association of 
 persons; and no association of persons, any member of which 
 shall have taken the benefit of such sections, either as an in- 
 dividual or as a member of any other association, shall enter or 
 hold any other lands under the provisions thereof ; and no mem- 
 ber of any association which shall have taken the benefit of 
 such sections shall enter or hold any other lands under their 
 provisions; and all persons claiming under section twenty- 
 three hundred and forty-eight shall be required to prove their 
 respective rights and pay for the lands filed upon within one 
 year from the time prescribed for filing their respective claims ; 
 and upon failure to file the proper notice, or to pay for the land 
 within the required period, the same shall be subject to entry 
 by any other qualified applicant. (R. S.) 
 Conflicting Claims. 
 
 Sec. 2351. In case of conflicting claims upon coal-lands, 
 
MINING LAWS OF THE UNITED STATES 27 
 
 where the improvements shall be commenced, after the third 
 day of March, eighteen hundred and seventy-three, priority of 
 possession and improvement, followed by proper filing and con- 
 tinued good faith, shall determine the preference-right to 
 purchase. And also where improvements have already been 
 made prior to the third day of March, eighteen hundred and 
 seventy-three, division of the land claimed may be made by 
 legal subdivisions, to include, as near as may be, the valuable 
 improvements of the respective parties. The commissioner of 
 the general land office is authorized to issue all needful rules 
 and regulations for carrying into effect the provisions of this 
 and the four preceding sections. 
 
 80 F. R. 429; 44 F. E. 800. 
 An Act to Provide for Agricultural Entries on Coal Lands. 
 
 This Act provides that entries may be made on public lands 
 containing coal, except Alaska, under homestead laws, desert 
 land laws, Carey Act, etc., with reservation of the coal by the 
 United States and that the coal may be prospected for and re- 
 moved under directions and rules made by the Secretary of 
 the Interior. Approved June 22, 1910. 
 
 (This Act is too long for this book, but can be found in the Session 
 Laws of the Sixty-first Congress, Part 2.) 
 
 Note Call at local U. S. land office, or write to " Commissioner Gen- 
 eral Land Office, Washington, D. C. " for pamphlet on proceeding and 
 forms to enter Coal Lands. 
 
 BUREAU OF MINES. 
 
 An Act to Establish in the Department of the Interior a Bureau 
 of Mines. Approved May 16, 1910. 
 
 This Act in full can be found in Acts of Sixty-first Congress 
 of the United States, part 2, at page 369 et seq. It gives the 
 law establishing this Bureau, who its officers are and their 
 duties. Too long for this book. 
 
 TUNNEL SITES. 
 
 (For Law on Tunnel Rights, see Sections 2323, 2324.) 
 LOCATION CERTIFICATE OF TUNNEL. 
 
 To All Whom These Presents May Concern: 
 
 Know ye, that I, , a citizen of the 
 
 United States, of , county of , 
 
 state of , do hereby declare and publish 
 
 as a legal notice to all the world that I have a valid right to the 
 
 occupancy, possession and enjoyment of the Tunnel and 
 
 Tunnel Site, located , A. D. 19. . ., for the discovery of 
 
 mines and the development of lodes, and situate in 
 
 mining district, county, state of 
 
 , described as follows, to-wit : 
 
 Mouth of tunnel situate 
 
 Size of tunnel . 
 
28 MINING LAWS OF THE UNITED STATES 
 
 Course of tunnel, from its mouth 
 
 which last four mentioned stakes are at the exterior corners of 
 the claim of said tunnel site. 
 
 And I claim for line of tunnel feet on 
 
 each side of the center of the bore or course of the tunnel, and 
 the right to all lodes which may be discovered in the due prose- 
 cution of said tunnel within feet on either 
 
 side of the center of said line. 
 
 I also claim a square tract of land 125 feet on each side of 
 the mouth of tunnel and extending feet im- 
 mediately below the mouth of the tunnel, as staked upon the 
 ground, for dumping purposes. 
 
 Together with all and singular the hereditaments and appur- 
 tenances thereunto belonging or in any wise appertaining, and 
 all rights granted to the locator as tunnel rights under the 
 terms of Section 2323 of the Revised Statutes of the United 
 States. 
 
 Witness my hand and seal, this day of 
 
 , A. D. 19.. 
 
 State of 
 
 Y ss. 
 County of 
 
 Before me, the subscriber, a notary public in and for said 
 
 county, personally appeared 
 
 to me personally known to be the same person described in and 
 who executed the within declaration of occupation and 
 acknowledged that he signed, sealed and published the same 
 as his free and voluntary act and deed for the uses and pur- 
 poses therein set forth. 
 
 Witness my hand and notarial seal this day of 
 
 , A. D. 19 . 
 
 Notary Public. 
 
 State of ) 
 
 [ ss. 
 
 County of ) 
 
 , of the county of , 
 
 state of , being first duly sworn ac- 
 cording to law, deposes and says: That he is a citizen of the 
 United States, over the age of twenty-one years ; that he is the 
 owner by pre-emption, location and occupation of the foregoing 
 tunnel site, the said tunnel being prosecuted for the develop- 
 ment of lodes belonging to said affiant ; also for the discovery of 
 other lodes ; affiant further says that he has expended in actual 
 
 work and improvements on said tunnel not less than 
 
 dollars, and that said tunnel has been already 
 
 run the distance of feet, and that 
 
 it is bona fide his intention to prosecute work on said tunnel so 
 
MINING LAWS OP THE UNITED STATES 29 
 
 located and described with reasonable diligence for the pur- 
 poses therein set forth. 
 
 Subscribed and sworn to before me, this day 
 
 of.. , A. D. 19.. 
 
 Notary Public. 
 Also place at mouth of tunnel the following: 
 
 LOCATION NOTICE. 
 
 The , Tunnel and Tunnel Site, 
 
 located this day of , , 
 
 by 
 
 Course 
 
 Height of tunnel feet ; width, 
 
 feet. 
 
 I claim all lodes to be discovered in this tunnel, and not 
 previously known to exist within 1500 feet on each side of 
 tunnel, as staked on the ground. 
 
 I also claim a dump feet square, as 
 
 staked. 
 
 Dated . 
 
 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 
 
30 MINING LAWS OF THE UNITED STATES 
 
 / 
 
 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 , , 
 
 19.. 
 
 PROOF OF SERVICE OF NOTICE PERSONALLY. 
 State of 
 
 County of 
 
 , being duly sworn, says, 
 
 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 . 
 
 ss. 
 County of 
 
 (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 
 paper fourteen successive weeks, the first publication appear- 
 ing in the issue of , , , , , and the last pub- 
 
MINING LAWS OF THE UNITED STATES 31 
 
 lication in the issue of 
 
 (To be sworn to before Notary Public.) 
 
 AFFIDAVIT OF NON-PAYMENT. 
 State of 
 
 County of 
 
 , 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 
 
 Balances, Chemists' Glassware, Crushers, 
 
 Grinders, Furnaces, Crucibles, 
 Hydrocarbon Burners, Acids, Chemicals 
 
 MERCURY, CYANIDE 
 
 and 
 ZINC SHAVINGS 
 
ARIZONA MINING LAWS 
 
 (From Revised Statutes 1913 See also U. S. Mining Laws.) 
 
 TITLE XXXIV. 
 CHAPTER I. 
 
 Sec. 4027. 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; 13 Ariz. 331. 
 Sec. 4028. 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 be 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 general 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 ; 
 3 Ariz. 6 ; 6 Ariz. 79 ; 6 Ariz. 55 ; 6 Ariz. 623 ; 6 Ariz. 263 ; 
 7 Ariz. 95 ; 13 Ariz. 331. 
 
 Relocation 2 Ariz. 347 ; 2 Ariz. 326 ; 6 Ariz. 55 ; 11 Ariz. 66. 
 Sec. 4029. Until each and all of the above specified 
 things shall have been done, no right thereto shall have been 
 acquired. 
 
 Sec. 4030. 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 : 
 
34 MINING LAWS OF ARIZONA 
 
 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 Work 2 Ariz. 407 ; 11 Ariz. 309 ; 12 Ariz. 213. 
 Recording Notice 1 Ariz. 493; 3 Ariz. 6; 6 Ariz. 55. 
 
 Sec. 4031. 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. 
 
 Sec. 4032. 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. 
 
 Sec. 4033. 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 work 
 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. 
 
 Sec. 4034. 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. 
 
 Sec. 4035. Within three months after the expiration 
 of the period of time fixed for the performance of annual labor 
 or the making of improvements upon 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 : 
 
 State 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, and is personally acquainted with the min- 
 ing claim known as mining 
 
 claim, situated in mining district, Ari- 
 zona, 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 
 
MINING LAWS OF ARIZONA 35 
 
 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. 
 
 Sec. 4036. When two or more contiguous claims are owned 
 by the same person or persons, and constitute a group, and 
 the annual work is done upon each of said claims or upon one 
 or more of the same for the benefit of all, or wholly or partly 
 outside of such claims for the benefit of all, all such claims 
 may be included in a single affidavit. 
 
 Sec. 4037. 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 State. The location of an abandoned or forfeited 
 claim shall be made in the same manner as other locations, 
 except that the relocator may, if he so elect, perform his loca- 
 tion work by sinking the original location shaft eight 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 tunnel or open cut by remov- 
 ing therefrom 240 cubic feet of rock or vein material. 
 
 Abandonment and Forfeiture 1 Ariz. 493; 6 Ariz. 55; 6 
 Ariz. 323; 6 Ariz. 103; 6 Ariz. 263; 11 Ariz. 66; 11 
 Ariz. 193. 
 
 Relocation 2 Ariz. 347 ; 2 Ariz. 326 ; 6 Ariz. 55 ; 11 Ariz. 
 66 ; 13 Ariz. 331 ; 14 Ariz. 214. 
 
 Sec. 4038. 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 
 
36 MINING LAWS OF ARIZONA 
 
 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 
 surrounded by a mound of stone or earth. 
 
 Sec. 4039. 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 or 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. 
 
 Sec. 4040. 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 the two 
 next preceding sections shall be void. 
 
 Sec. 4041. There shall be a uniform fee of one dollar charg- 
 ed by each county recorder in the state for recording each no- 
 tice of location of a mining claim, including certificate of work 
 done to comply with the law regarding locations, the said one 
 dollar to be in full for filing, recording and indexing said no- 
 tice and certificate and certifying to the same under seal. 
 
 Sec. 4042. 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 Eevised Statutes of the 
 United States, an affidavit of the persons giving such notice, 
 stating the time, place, manner of service, and by whom and 
 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 after the expiration of ninety 
 days after giving the notice ; or, if such notice is given by pub- 
 lication in a newspaper, there shall be attached to a printed 
 copy of such notice an affidavit of the editor, publisher or fore- 
 man of such paper, stating the date of the first, last and each 
 insertion of such notice therein, and when and where the news- 
 paper was published during that time and the name of such 
 newspaper. Such affidavit and notice shall be recorded as 
 aforesaid after the expiration of one hundred and eighty days 
 after the first publication thereof. 
 194 U. S. 248; 150 U. S. 585. 
 
 Sec. 4043. The original of such notice and affidavits, or the 
 records thereof, shall be prima facie evidence that the delin- 
 quent mentioned in section 2324 has failed or refused to con- 
 
MINING LAWS OF AKIZONA 37 
 
 tribute his proportion of the expenditure required by that sec- 
 tion, and of the service or publication of said notice ; provided 
 the writing or affidavit provided for in the following section 
 is not of record. 
 
 Sec. 4044. 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. 
 
 Sec. 4045. 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 days, then the delinquent, 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. 
 Sales 6 Ariz. 103 ; 7 Ariz. 258. 
 Leases 7 Ariz. 399. 
 
 Sec. 4046. In all actions, judgments, grants or conveyances 
 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 State where it is situated, and the book 
 and page where the location notice thereof is recorded. 
 13 Ariz. 265. 
 
 CHAPTER II. 
 
 DRAINAGE OF MINES. 
 
 Sec. 4047. Whenever adjacent or contiguous mines, occu- 
 pied and worked upon the same or upon separate lodes, have 
 a common ingress of water or by reason of subterranean com- 
 munication of water have a common drainage, it shall be the 
 duty of the owners, lessees or occupants of said mine so re- 
 lated, to provide for their proportionate share of such drain- 
 age, or to prevent the water in such mine from flowing in or 
 
38 MINING LAWS OF ARIZONA 
 
 upon neighboring mines, thereby imposing upon them an un- 
 just burden. 
 
 Sec. 4048. If any owners, lessees or occupants of any such 
 mine shall fail or neglect to provide for the drainage thereof, 
 and by reason of such failure or neglect, the owners, lessees or 
 occupants of any adjacent or contiguous mine are compelled 
 to pump or drain or otherwise provide for the water flowing 
 in from such first mentioned mine, then, and in such event the 
 owners, lessees or occupants of the mine so in default, shall 
 pay, respectively, to those performing the work of drainage 
 their proportion of the actual and necessary cost and expense 
 of pumping, draining or otherwise providing for said water, 
 and if they fail or refuse to make such payment, the same may 
 be recovered by an action in any court of competent juris- 
 diction. 
 
 Sec. 4049. It shall be lawful for all mining corporations 
 or companies and all individuals engaged in mining having 
 thus a common interest in draining such mines to unite for 
 the purpose of effecting the same under such common name 
 and upon such terms and conditions as may be agreed upon; 
 and every such association having filed a certificate of incor- 
 poration, as provided by law, shall be deemed a corporation, 
 with all the rights, incidents and liabilities of a body corpo- 
 rate so far as the same may be applicable. 
 
 Sec. 4050. Failing mutually to agree as indicated in the pre- 
 ceding sections for drainage jointly, one or more of said par- 
 ties may undertake the work of drainage after giving reason- 
 able notice to the other parties interested as aforesaid, and 
 should the remaining parties then fail, neglect or refuse to 
 unite in equitable arrangements for doing or sharing the ex- 
 pense thereof, they shall be subject to an action therefor as 
 already specified, to be enforced in any court of competent 
 jurisdiction. 
 
 Sec. 4051. When an action is commenced, as provided here- 
 in, to recover the costs and expenses for draining a lode or 
 mine, it shall be lawful for the plaintiff to apply to the court 
 for an order to inspect and examine the lodes or mines claimed 
 to have been drained by the plaintiff, and upon affidavit that 
 such inspection or examination is necessary for a proper prep- 
 aration of the case for trial, the court shall grant an order for 
 the underground inspection and examination of the lode or 
 mine described in the petition. Such order shall designate the 
 number of persons, not exceeding three, besides the plaintiff 
 or his representative, who may examine and inspect such lode 
 and mines, and take measurements for the purpose of show- 
 ing the amount of water taken from the lode or mine or the 
 number of fathoms of ground mined and worked out of the 
 lode or mines claimed to have been drained, the cost of such 
 examination and inspection to be borne by the party applying 
 
MINING LAWS OF ARIZONA 39 
 
 therefor. The court shall have power to cause the removal of 
 any rock, debris, or any other obstacle in any lode or vein when 
 such removal is shown to be necessary to a just determination 
 of the question involved; provided, that no such order for in- 
 spection and examination shall be made except upon notice of 
 at least three days, nor unless it appears that the plaintiff has 
 been refused the privilege of making the examination by the 
 defendant, his or their agent. 
 
 Sec. 4052. The provisions hereof shall not apply to unopen- 
 ed or undeveloped mines, but shall apply to all opened and 
 developed mines which derive a benefit from being drained. 
 
 CHAPTER III. 
 
 MINE INSPECTOR AND OPERATION OF MINES. 
 
 Sec. 4053. The terms of this chapter shall apply to all mines 
 in the state of Arizona. 
 
 Mine. The term "Mine" when used in this chapter shall 
 include any and all parts of any mine within the state, and any 
 mining plant or equipment connected therewith, underground 
 or on the surface, which contributes, or may contribute, to the 
 mining or handling of ore, coal, or other metalliferous or non- 
 metalliferous mineral product. 
 
 Operator. The term "Operator" when used in this chapter 
 shall mean the person, firm, association, company or corpora- 
 tion in immediate possession of any mine, or mining claim, or 
 accessories thereof, as owner or lessee thereof, and as such, 
 responsible for the management and condition thereof. 
 
 Inspector and Deputies. The term "Inspector" when used 
 in this chapter signifies the State Mine Inspector; and the 
 terms "Deputy" and "Deputy Inspector" mean a State Depu- 
 ty Mine Inspector. 
 
 Excavations or Workings. The words "Excavations" and 
 ' ' Workings ' ' when used in this chapter signify any or all parts 
 of a mine excavated, or being excavated, including shafts, tun- 
 nels, entries, winzes, raises, stopes, open cuts, and all working 
 places, whether abandoned or in use. 
 
 Sec. 4054. The office of State Mine Inspector for the state 
 of Arizona is hereby created, in accordance with Article XIX 
 of the Constitution of the state of Arizona, the office to be filled 
 biennially at the general election by the qualified electors of 
 the state, except as to the first state mine inspector, who shall 
 be appointed by the governor, by and with the advice and con- 
 sent of the senate, and who shall serve until his successor shall 
 have been elected at the first general election thereafter, and 
 shall qualify. Said mine inspector so elected, and all subse- 
 quent incumbents of said office, shall be elected at general 
 elections, and shall serve for two years. The office of the mine 
 inspector shall be at the State Capitol. 
 
40 MINING LAWS OP ARIZONA 
 
 Sec. 4055. The state mine inspector shall be a qualified 
 elector of the state and a resident thereof at least two years 
 prior to his appointment or election, and not under thirty 
 years of age, and shall have been practically engaged in, and 
 acquainted with, mines and mining in this state, and shall have 
 had at least seven years' experience in the underground min- 
 ing. 
 
 No person shall be appointed to the office of inspector or 
 deputy inspector, nor be qualified to hold the office of in- 
 spector, or deputy inspector, while an employee, director, or 
 officer, of any mining, milling, or smelting company. The in- 
 spector and each deputy must devote his entire time to the 
 duties of his office ; and it shall be unlawful for the inspector, 
 or any deputy, to be otherwise employed by the state of Ari- 
 zona, or to act directly or indirectly for or on behalf of any 
 candidate for public office, or receive compensation either di- 
 rectly or indirectly from any candidate for public office, or 
 from any political party in the state, during the term of office 
 of such inspector, or deputy inspector. 
 
 Sec. 4056. Failure to observe the provisions of this chapter 
 shall render the inspector liable to immediate removal from 
 office without further cause shown ; and such failure shall ren- 
 der any deputy inspector liable to immediate removal by the 
 mine inspector, or as provided by law, without further cause 
 shown. 
 
 Sec. 4057. The state mine inspector shall receive, as full 
 compensation for his services, a salary payable at the rate of 
 three thousand dollars per annum, and his necessary^ traveling 
 expenses when traveling in the discharge of official duties, not 
 to exceed fourteen hundred dollars per annum, and all neces- 
 sary expenses for clerk hire, postage, stationery, printing, and 
 office expenses, not to exceed fourteen hundred dollars per an- 
 num, and such compensation and expenses shall be paid as the 
 salary and expenses of other state officers are paid. 
 
 The mine inspector, before entering upon the discharge of 
 his duties, shall file an official bond in the sum of five thousand 
 dollars, conditioned for the faithful performance of the duties 
 of his office, in form and manner as other official bonds of 
 state officers. 
 
 Sec. 4058. The state mine inspector is hereby authorized 
 and directed forthwith, after entering upon the duties of his 
 office, to appoint three deputy mine inspectors. They shall 
 hold office during the term of the state mine inspector appoint- 
 ing them, unless sooner removed by him, or as provided in 
 this chapter, or otherwise by law. 
 
 Deputy mine inspectors shall have the same qualifications 
 as the mine inspector, and shall be subject to the same penal- 
 ties for violation of their duties, and the provisions of this 
 chapter, as the state mine inspector. 
 
MINING LAWS OF ARIZONA 41 
 
 Sec. 4059. Each deputy inspector shall receive a salary pay- 
 able at the rate of eighteen hundred dollars per annum, which 
 shall be compensation in full, for all services; and his neces- 
 sary traveling expenses, not to exceed fourteen hundred dol- 
 lars per annum, to be audited and allowed as other expenses 
 of state officers. 
 
 Before entering upon his duties as such deputy he shall file 
 an official bond in the sum of twenty-five hundred dollars, con- 
 ditioned the same as the bond of the mine inspector. 
 
 Sec. 4060. No inspector, or his deputy, or any employee 
 thereof, shall, for any purpose whatever, make a report on any 
 mine or mining property or prospect, except an official report 
 to his superior officer, or to the governor; nor shall he make 
 public or reveal to any person any knowledge or information 
 obtained by him in the exercise of his official duties concern- 
 ing ore, ore bodies, or values, of any mine or part thereof. 
 
 An inspector, or his deputy, or any employee thereof, who 
 violates any of the provisions of this section, or of his oath, 
 shall be dismissed from his office. 
 
 Sec. 4061. The mine inspector shall have a seal bearing the 
 words, "Mine Inspector, State of Arizona," which shall be 
 kept by him exclusively for the use of his office, and said seal 
 shall be affixed to official documents only. 
 
 Sec. 4062. It shall be the duty of the mine inspector, by him- 
 self or by deputy, to visit, at least once every three months, 
 every mine in this state employing fifty or more men under- 
 ground, and every other working mine employing six or more 
 men, at least once every year, and oftener, if in his opinion the 
 safety of the men employed in the mine so require; and to in- 
 spect, investigate, inquire, and examine into, the operation, 
 workings, timbering, safety appliances, machinery, sanitation, 
 ventilation, means of ingress and egress, means taken to pro- 
 tect the lives and insure the safety of the miners, together 
 with the cause of accidents and accidental deaths therein, and 
 in general to inspect and ascertain what means are taken to 
 comply with the provisions of this chapter. For the purpose 
 of making such inspection and ascertaining facts in connec- 
 tion with such investigation, examination, and inquiry, the in- 
 spector, or his deputy, shall have full power and authority, 
 upon exhibition of his certificate of appointment or election, 
 at all hours to enter and examine any part of any mine, and 
 to visit, investigate, and examine any plant or equipment con- 
 .aected therewith, -within this -state, or any part of the work- 
 ings thereof. All operators and their employees shall render 
 to the inspector, or his deputy, such assistance as may be nec- 
 essary to enable the inspector, or his deputy, to make such 
 examination. 
 
 Sec. 4063. If upon examination or inspection it shall appear 
 to the mine inspector, or a deputy thereof, that a mine, or 
 
42 MINING LAWS OF ARIZONA 
 
 part thereof, is, from any cause, in a dangerous condition or 
 fails to comply with the provisions of this chapter, he shall at 
 once notify the operator, or his agent in charge thereof, such 
 notice to be in writing and to be served by copy upon the 
 operator, or his agent in charge. Said notice shall state in 
 detail in what particular said mine or part thereof is deemed 
 dangerous, insecure, or not in compliance with the provisions 
 of this chapter, and shall state what necessary changes should 
 be made to provide safety for employees, or other compliance 
 to be made, and provide reasonable specified time within which 
 to make the same; and the operator of said mine shall forth- 
 with make such change or compliance in accordance with said 
 mine inspector's or deputy's requirements. 
 
 In case of any civil or criminal procedure at law against 
 the party or parties so notified, on account of loss of life or 
 bodily injuries sustained by an employee subsequent to such 
 notice, and in consequence of said dangerous condition, a cer- 
 tified copy of the notice served by the inspector shall be prima 
 facie evidence of the negligence of said party or parties. 
 
 If it appears from a re-examination of the mine by the in 
 spector, or a deputy inspector, that such changes or compli- 
 ances have not been made within the time specified in such 
 notice, and that the mine or part of such mine is still in a con- 
 dition dangerous to life or health, and in the opinion of the 
 inspector it is necessary for the safety of the life or health of 
 the employees in such mine or part of the mine, that the same 
 be vacated, it shall be the duty of the inspector forthwith to 
 order the cessation of the operation and working of said mine 
 or part of mine, and to order that the employees shall not be 
 permitted therein for the purposes other than to remedy the 
 defects complained of, until the provisions of this chapter are 
 complied with to the satisfaction of the mine inspector or his 
 deputy, and the said mine, or part of the mine, made safe for 
 the employees therein. The operator of said mine shall forth- 
 with obey said order. 
 
 Sec. 4064. Whenever the inspector receives a complaint in 
 writing signed by one or more persons employed in a mine, 
 setting forth that the mine or part thereof in which he or they 
 are working is being operated contrary to law, or is dangerous 
 in any respect to the health or lives of those employed therein, 
 the inspector must in person, or by deputy, examine such mine 
 as soon as possible. The names of the persons making such 
 complaint shall be kept secret by the inspector, unless permis- 
 sion to disclose them be expressly granted by the persons mak- 
 ing the complaint. Such complaint shall, in all cases, set forth 
 the nature of the danger existing at the mine, and the time 
 when such danger was first observed. If, after such inspec- 
 tion, the inspector finds the conditions, in his opinion, danger- 
 ous to the health or lives of those employed therein, he shall 
 
MINING LAWS OF ARIZONA 43 
 
 serve a notice setting forth fully the facts, upon the operator 
 or any person having charge of such mine, and shall order the 
 operator of said mine or mines to remove such dangerous or 
 harmful conditions; and the operator of said mine shall obey 
 such order. 
 
 It shall be the duty of the inspector or any deputy to for- 
 ward every such original complaint, so received, to the office 
 of the mine inspector, where it shall be indexed and filed 
 among the official papers of the mine inspector. 
 
 Sec. 4065. Whenever loss of life or serious accident shall 
 occur in any mine within this state, the owner, agent, mana- 
 ger, or operator, having charge of operating such mine, shall 
 give notice immediately, in the quickest possible manner, and 
 report the facts thereof in writing to the office of the mine in- 
 spector. The refusal or failure of said owner, agent, manager, 
 or operator to so report shall be deemed a misdemeanor. The 
 mine inspector, upon receipt of notice of such accident, shall 
 investigate the same and make, or cause to be made, a report, 
 which shall be filed in his office for future reference. In case 
 of loss of life, said mine inspector shall, personally or by reg- 
 ularly appointed or special deputy, appear at the coroner's in- 
 quest held respecting such accident, and may examine or cross- 
 examine witnesses relative to the same, for the purpose of as- 
 certaining the cause of such accident, and for his information 
 in filing reports concerning the same. If, after making such 
 investigation, the inspector considers the facts warrant it, it 
 shall be the duty of such inspector to cause a copy of the report 
 of such accident, or a copy of the testimony taken at the coro- 
 ner's inquest, together with the verdict of the coroner's jury, 
 and all papers in his hands relating thereto, to be forwarded 
 to the prosecuting officer of the county in which the accident 
 or loss of life occurred, together with an accompanying state- 
 ment of the inspector, showing in what particular or particu- 
 lars he believes the law to have been violated, and if upon the 
 receipt thereof, the prosecuting officer of the said county deems 
 the facts sufficient to make a prima facie case of criminal 
 action against any person or persons, he shall present such evi- 
 dence to the grand jury, or take such steps, for the criminal 
 prosecution of such operator, employees, or other persons, as 
 may seem advisable. 
 
 Sec. 4066. If any operator shall violate any of the provis- 
 ions of sections 36 (Par. 4088), 37 (Par. 4089) or 38 (Par. 4090) 
 of this chapter, he shall be deemed guilty of a misdemeanor, 
 and, upon conviction thereof, shall be punished by a fine of 
 not less than one hundred dollars and not to exceed five hun- 
 dred dollars, or imprisonment in the county jail not to exceed 
 one year, or both such fine and imprisonment. 
 
 Sec. 4067. It shall be the duty of the inspector, or any dep- 
 uty, after every inspection made of any mine or part of any 
 
44 MINING LAWS OF AKIZONA 
 
 mine, as provided in this chapter, to enter forthwith in a book 
 to be kept at the mine, and designated as the ''Record of In- 
 spection," the .portion of the mine so inspected, the nature of 
 such inspection, and every dangerous defect observed in the 
 state and conditions of the mine, machinery, and appliances; 
 but nothing contained in or omitted from such entry shall 
 limit or affect the duty and obligation of the owner or operator 
 of such mine under this chapter. Such "Record of Inspec- 
 tion" shall be open at all reasonable times to the examination 
 of the inspector, or any of his deputies, and to the examination 
 of any operator or person following the occupation of mining. 
 
 Sec. 4068. It shall be the duty of the mine inspector on the 
 31st day of December in each year to make and file with the 
 governor a report giving a statistical summary and report of 
 the work of the mine inspector and deputy mine inspectors 
 during the year ending November 30th. Such report shall con- 
 tain a statement showing the number of men employed in each 
 mine in the state, and separately, the number of men employed 
 above ground and under ground, the number and nature of 
 fatal and serious accidents occurring in each mine, the number 
 of inspections made, complaints filed, inquests attended, mines 
 or mine workings ordered to be vacated, violations found, and 
 any other information of the law deemed important and rele- 
 vant by the mine inspector, together with such recommenda- 
 tions as in the judgment of the mine inspector are necessary or 
 desirable to the carrying out of this chapter and to insure the 
 safety of the workmen employed in mines. Copies of such re- 
 ports shall be published and distributed by and at the expense 
 of the state as a public document. 
 
 Sec. 4069. It shall be the duty of the mine operator, super- 
 intendent, or anyone in charge of a mine, where ten or more 
 men are employed, to keep at the mouth of the tunnel, shaft, 
 or stope, or at such other place about the mine as may be des- 
 ignated by the mine inspector, a stretcher and a woolen and 
 waterproof blanket, in good condition, for use in carrying any 
 person who may be injured at the mine. Where more than 
 one hundred persons are employed two or more stretchers with 
 woolen and waterproof blankets shall be kept, and at all mines 
 a supply of first aid remedies shall be kept readily accessible 
 for the treatment of anyone injured ; provided, that in all mines 
 where three hundred or more men are employed, a first aid 
 corps must be organized, consisting of the foreman or foremen, 
 shift bosses, timekeepers, and other employees, designated by 
 the operator or superintendent of the mine to cause the or- 
 ganization of such ; and to procure the services of a competent 
 surgeon and physician to instruct the members of such first 
 aid corps from time to time, not less than once in each calen- 
 dar month, in the proper handling and treatment of injured 
 persons before the arrival of a physician. 
 
MINING LAWS OF AEIZONA 45 
 
 Sec. 4070. When considered necessary by the mine inspect- 
 or, and so ordered by him, the operator of every mine, employ- 
 ing ten or more men under ground, shall make and maintain, 
 or cause to be made and maintained, a reasonably accurate map 
 of the workings of such mine. At least once in every six 
 months, or oftener, if necessary, the operator or engineer of 
 such mine shall cause to be shown with reasonable accuracy 
 on the map of said mine, all the excavations made therein dur- 
 ing the time elapsed since such excavations were last shown on 
 said map, and all parts of said mine, which were worked or 
 abandoned during said elapsed period of time, shall be clearly 
 indicated on said map, and all underground workings shall be 
 surveyed and mapped before they are allowed to become in- 
 accessible. Such maps shall, at all times, be open to the ex- 
 amination of the mine inspector or of his deputies. 
 
 Sec. 4071. (a) All explosives must be stored in a magazine 
 provided for that purpose alone; said magazine to be placed 
 far enough from the working shaft, tunnel, or incline to insure 
 the same remaining intact in the event the entire stock of ex- 
 plosives in said magazine be exploded ; no powder or other ex- 
 plosives shall be stored in underground workings where men 
 are employed; all explosives in excess of the amount required 
 for twenty-four hours' work must be kept in said magazine; 
 and provided, that such temporary supply shall not be kept at 
 any place within such mine where its accidental discharge 
 would cut off the escape of miners working therein. Each 
 mine or operator shall provide a suitable device for thawing 
 or warming powder and keeping the same in condition for 
 use, and no powder shall be thawed except in such device ; oils 
 or other combustible substances or blasting caps shall not be 
 kept or stored in the same magazine with explosives. All 
 nitroglycerine, nitro or blasting powder, or other high explos- 
 ives sold in the state of Arizona shall be properly marked with 
 the date of manufacture on each stick of powder, and no nitro- 
 glycerine, nitro or blasting powder, or other high explosives 
 shall be sold or used after twelve months from date of manu- 
 facture. 
 
 (b) The mine inspector shall have the authority to regulate 
 and limit the amount of blasting or nitro powder or other high 
 explosives stored or kept in general supply stores in mining 
 camps or mining towns where there is no law governing the 
 storage of same. 
 
 (c) No person shall, whether working for himself or in the 
 employ of any person, company, or corporation, while loading 
 or charging a hole with any blasting powder or other high ex- 
 plosives, use or employ any steel or iron tamping bar ; nor shall 
 any mine manager, superintendent, foreman, shift boss, or 
 other person having the management or direction of mine labor, 
 
46 MINING LAWS OF AKIZONA 
 
 allow or permit the use of such steel, iron, or other metal tamp- 
 ing bar by employees under his management or direction. 
 
 (d) Every person, company, or corporation, manufacturing, 
 storing, selling, transferring, dealing in, or in any manner dis- 
 posing of any powder, gun powder, giant or hercules powder, 
 giant caps, or other highly explosive substances, shall keep in 
 a book for that purpose an accurate record of all transactions, 
 with the date thereof, relating to the receiving and disposing 
 of the same, which record shall show the amount of each such 
 explosive received, of whom received, when received, disposi- 
 tion made of such explosive, with the amount thereof, and the 
 name of the person to whom delivery of the same was made, 
 who shall be required to receipt therefor. Such record shall 
 at all times be open to the inspection of the state mining in- 
 spector, or any peace officer. 
 
 (e) Before firing charges, warning must be given in every 
 direction from which access may be had to the place where 
 blasting is going on, and misfire holes shall be reported to the 
 mine foreman, or the shift boss, in charge of the locality of 
 such holes. If the shots are fired by electricity, the place must 
 be carefully examined before men are permitted to work there- 
 in. The miner in charge shall further instruct those employed 
 in clearing away the loose rock, to report to him immediately 
 the finding of any wires in or under the loose rock, and in the 
 event of such being discovered, he shall at once order the 
 work to cease until the wires have been carefully traced to 
 their terminals in order to determine whether a misfire has 
 occurred. 
 
 Sec. 4072. All mines having but one exit, and the same cov- 
 ered with a building containing the mechanical plant, furnace 
 room or blacksmith shop, shall have fire protection, water if 
 possible, and in mines where water is not available, chemical 
 fire extinguishers or hand grenades shall be kept in convenient 
 places for immediate use. 
 
 Sec. 4072. It is hereby made the duty of every person, com- 
 pany, or corporation, who shall have on any mine a vertical 
 shaft or incline to a greater depth than one hundred feet, and 
 who shall have drifted on or along the vein or veins a distance 
 of two hundred feet or more, and shall have commenced to 
 stope to provide and maintain to the hoisting shaft or the open- 
 ing through which men are let into or out of the mine and the 
 ore is extracted, a separate escapement shaft, raise, or opening, 
 or an underground opening or communication with some other 
 contiguous mine; provided, that in case such contiguous mine 
 belongs to a different person, company, or corporation, the 
 right to use the outlet through such contiguous mine, in all 
 cases when necessary, or in case of accident, must be secured 
 and kept in force. Where such an escapement shaft or opening 
 shall not be in existence at the time that stoping is commenced, 
 
MINING LAWS OF ARIZONA 47 
 
 work upon such an escapement shaft, or opening, must be com- 
 menced as soon as stoping begins and be diligently prosecuted 
 until same is completed, and said escapement shaft, raise, or 
 opening shall be continued to and connect with the lowest work- 
 ings in the mine. The exit, eescapement shaft, raise, or open- 
 ing, provided for in this section must be of sufficient size to 
 afford an easy passageway, and if it be a raise or shaft, must 
 be provided with substantial ladders from the deepest work- 
 ings to the surface. Whenever the exit or outlet herein pro- 
 vided for is not in a direct or continuous course, signboards 
 plainly marked showing the direction to be taken must be 
 placed at each departure from the continuous course. 
 
 Sec. 4074. (a) No person addicted to the use of intoxicating 
 liquors or drugs, or under eighteen years of age, shall be em- 
 ployed as a hoisting engineer. 
 
 (b) All hoisting machinery using steam, electricity, air, 
 gasoline, or hydraulic motive powej", for the purpose of hoist- 
 ing from or lowering into mines, employees and materials, ex- 
 cept prospect shafts not exceeding three hundred feet in depth, 
 shall be equipped with an indicator, said indicator to be placed 
 near to and in clear view or hearing of the engineer. This in- 
 dicator must be in addition to marks on the rope, or cable, or 
 drum. 
 
 (c) It shall be unlawful to hoist men out of, or lower men 
 into, a mine at a speed greater than eight hundred feet per 
 minute. When it is shown that in running his engine at a 
 greater speed than eight hundred feet per minute, the engine 
 has violated the orders of his employers, the engineer is sub- 
 ject to penalty. 
 
 (d) All hoisting machinery must be inspected once in every 
 twenty-four hours by a competent person appointed by the 
 mine manager or superintendent for that purpose, and such 
 inspector shall immediately report in writing to said manager 
 or superintendent any and all defects found. 
 
 (e) All ropes or cables used for hoisting purposes shall be 
 of approved quality and manufacture; and in shafts and win- 
 zes of over two hundred feet in depth wire ropes or cables only 
 shall be used for hoisting purposes. 
 
 (f) All head frames where men are hoisted at a speed of 
 over two hundred and fifty feet per minute, and where more 
 than twenty-five men are employed, shall be so constructed as 
 to allow at least twenty-five feet above the hoist landing stage, 
 in which the cage, skip, or bucket can travel freely in case of 
 an overwind. The mine inspector may grant permission for 
 the use of any head frame erected previous to the enactment 
 of this law, which does not comply with the above conditions. 
 
 (g) It shall be unlawful for the operator of any mine to 
 permit the hoisting or lowering of men in any shaft deeper 
 than three hundred feet, unless an iron-bonneted safety cage 
 
48 MINING LAWS OF ARIZONA 
 
 equipped with gates at least five feet in height to be used for 
 the hoisting and lowering of such men ; but this provision shall 
 not apply to shafts in process of sinking; every cage must 
 have overhead bars of such arrangement as to give every man 
 on the cage an easy and secure handhold. Every cage or skip 
 used for hoisting men must be provided with a safety catch of 
 sufficient strength to hold the cage or skip with its maximum 
 load at any point in the shaft in the event that the hoisting 
 cable should break. The inspector or his deputy must see that 
 all cages and skips are equipped in compliance with this para- 
 graph, and that on all cages the safety catches are kept well 
 oiled and in good working condition. In any shaft of less than 
 three hundred feet depth where no safety cage is used, and 
 where cross-head or cross-heads are used, platforms for em- 
 ployees to ride upon, equipped with safety catches as for cages 
 and skips herein provided, shall be provided. 
 
 (h) All vertical shafts more than two hundred feet deep 
 from which hoisting is done by means of a bucket must be 
 provided with suitable guides, and in connection with the 
 bucket there must be a cross-head traveling upon these guides. 
 The height of the cross-head shall be at least one and one-half 
 times its width. If the cross-head be a type that is not secured 
 to the hoisting rope, a stopper of design to be approved by the 
 mine inspector must be securely and rigidly fastened to the 
 hoisting rope at a suitable point above the rim of the bucket. 
 
 (i) The number of persons permitted to ride on the deck 
 of a cage or in or on a skip, or bucket, shall be determined by 
 the mine inspector, and in no case shall more than the number 
 of men permitted by the mine inspector be allowed to ride on 
 the deck of such cage or in or on such skip or bucket. No 
 person shall ride upon a cage or in or on a skip or bucket when 
 loaded with rock or ore. 
 
 (j) When tools, timber, or other materials are to be loaded 
 or hoisted in the shaft, the ends, if projecting above the top of 
 the bucket, skip, or other vehicle, shall be securely fastened to 
 the hoisting rope or to the upper part of the vehicle, and tools, 
 timber, or other material loaded erectly upon a cage must be 
 securely lashed before being hoisted or carried. 
 
 (k) No person shall ride upon any cage, skip, or bucket, 
 that is loaded with tools, timber, powder, or other material, ex- 
 cept for the purpose of assisting in passing these through the 
 shaft. 
 
 (1) In no case shall a cage, skip, or bucket, or other vehicle, 
 be lowered directly to the bottom of a shaft when men are 
 working there, but must be stopped at least fifteen feet above 
 the botton until the signal to lower further has been given by 
 one of the men at the bottom of the shaft. This rule shall not 
 apply to shafts less than fifty feet in depth. 
 
 (m) Persons engaged in deepening a shaft in which regu- 
 
MINING LAWS OF AEIZONA 49 
 
 lar hoisting from any upper level is going on shall be protect- 
 ed from the danger of falling material by a suitable covering, 
 sufficient opening in the covering only being left for the pass- 
 age of the bucket or other conveyance used in the sinking 
 operations. 
 
 (n) In shafts, winzes, or raises, where two or more crews 
 of men are working one crew above another, there shall be a 
 bulkhead between each two crews of men, strong enough to 
 stop any tools or other material that may fall from the men 
 working above, and only the cage, skip, or bucket compart- 
 ment to be left open. 
 
 (o) All shafts or winzes shall have a bulkhead over the 
 men working in the bottom of the shaft or winze. Said bulk- 
 head shall be built of timber not less than six inches in thick- 
 ness, and said bulkhead shall be not more than fifty feet above 
 the bottom of said shaft or winze, and provide ample protec- 
 tion for the men working in the bottom of said shaft or winze, 
 and shall be so constructed as not to shut off the air circula- 
 tion; the cage, skip, or bucket compartment only to be left 
 open. All shafts or winzes shall be cleaned down below the 
 bulkhead after each blasting. 
 
 (p) Windlasses and whims in use at or in mines shall be 
 provided with a suitable plug or some other reliable device to 
 prevent running back of the bucket or other conveyance. 
 
 (q) No open hook shall be used with a bucket in hoisting, 
 but only some approved form of safety hook or shackle hook. 
 
 (r) A release signal of one bell to the hoisting engineer 
 shall be given to release the cage, skip, or bucket after it has 
 been stopped at any station, to obviate the danger of move- 
 ment of such cage, skip, or bucket to any other station or point 
 in shaft. 
 
 (s) At any mine where men are hoisted by mechanical 
 means, a hoistman charged with the hoisting thereof shall be 
 kept on duty at the hoist at all times when men are under- 
 ground. 
 
 Sec. 4075. (a) Every mine shall have at least two outlets to 
 the surface, except as hereinbefore provided. Such outlets 
 must not lead to the surface in one and the same house, and 
 must not at any point be nearer to one another than thirty 
 feet. In the event that two oultets of any mine, or part of 
 them, do not belong to the same mine, the owners and oper- 
 ators of the respective mines shall be responsible for the out- 
 let, or part of it, in their respective mines, being kept in proper 
 repair; and should any obstruction arise in any such outlet, 
 or anything occur in one of the mines to jeopardize the safety 
 of the outlet, the occurrence shall be immediately reported to 
 the owner, manager, or superintendent of the other mine or 
 mines. If either of the two outlets or part of them be situated 
 in an abandoned mine or mines, the operators of the working 
 
50 MINING LAWS OF ARIZONA 
 
 mine or mines shall be jointly and severally responsible for the 
 proper maintenance and repair of such outlet or outlets. 
 
 (b) At every mine where a single shaft be allowed to afford 
 the only means of ingress and egress to the persons employed 
 underground, such shaft, if more than two hundred feet deep, 
 shall be divided into at least two compartments, and one of 
 the compartments shall be set aside for a ladderway, which 
 must be equipped as hereinafter provided. Whenever such a 
 single shaft be covered by a building not absolutely fireproof, 
 the ladderway shall be securely bulkheaded at a point at least 
 twenty-five feet below the collar of the shaft, and below this 
 bulkhead, if the shaft is situated upon a side hill, a drift shall 
 be driven to the surface; if the shaft be situated in a level 
 country, this drift shall be driven to a safe distance beyond 
 the walls of the building, but in no case less than thirty feet, 
 and from there a raise shall be made to the surface. This raise 
 shall be equipped with a ladderway, and it, together with the 
 drift connecting with the main shaft, shall be kept in good re- 
 pair and shall afford a safe escape in the event of fire. 
 
 (c) After the enactment of this law, no structure shall be 
 erected over an outlet of a mine, except the head-frame neces- 
 sary for hoisting from a shaft and the hatch or door necessary 
 for hoisting from a shaft and the hatch or door required to 
 protect, from inclemency of the weather, men obliged to work 
 at the top of a shaft. If, for the latter purpose, a house be re- 
 quired, the mine inspector may, in writing, grant permission 
 for its construction, but such a house must be as small as pos- 
 sible, must be constructed of uninflammable material, and -the 
 storage of any inflammable material inside of it, or within 
 thirty feet of it, is prohibited. In the case of existing houses 
 covering the mouths of the shafts and adits, no inflammable 
 material shall be stored inside of them; nor outside of them 
 within a distance of thirty feet from the exterior walls of the 
 house. 
 
 (d) Every adit of which the mouth is covered by a house 
 or building of any kind shall be provided with a fireproof door, 
 near the mouth of the adit, that can be closed from outside of 
 the building by means of a pull wire or cable, so as to keep the 
 gases of combustion from entering the mine in the event that 
 fire destroys the building at the mouth of the adit. 
 
 (e) Every shaft, winze, raise, or incline, of steeper slope 
 than forty degrees from the horizontal and deeper than forty 
 feet, through which men are obliged to travel, shall be pro- 
 vided with a ladderway. Suitable ladders, or footways, shall 
 be provided to connect floors of sets in stopes, and other places 
 requiring communication in a mine. Every shaft shall have, 
 in addition to any mechanical means of ingress and egress, at 
 least one proper ladder or footway communicating from the 
 lowest workings of the mine to the surface. 
 
MINING LAWS OF ARIZONA 51 
 
 (f) Permanent ladderways, used for the ascent or descent 
 of persons in the mine shall be sufficiently strong for the pur- 
 pose demanded, and shall be firmly fastened and kept in good 
 repair. In a vertical shaft the mine inspector may, in his own 
 discretion, by an order in writing, direct that the ladder shall 
 be inclined at the most convenient angle which the space in 
 which the ladder is fixed allows, and every such ladder shall 
 have substantial platforms at intervals of not more than 
 twenty feet. 
 
 The said platform shall be closely covered, with the excep- 
 tion of an opening large enough to permit the passage of a 
 man, and shall be so arranged that by no means could a per- 
 son fall from one ladder through the opening to the next 
 ladder. 
 
 (g) Ladderways shall be provided in all shafts in the course 
 of sinking to within such distance from the bottom as will se- 
 cure them from damage by blasting, but from the end of such 
 ladderways, portable ladders shall be extended to the bottom 
 of the shaft. 
 
 (h) All stations or levels shall have a passageway around 
 the working shaft so that crossing over the hoisting compart- 
 ments may be avoided. All sumps shall be securely planked 
 over. At all shaft stations a gate or a guard rail must be pro- 
 vided and kept in place across the shaft, except when cage, 
 skip, or bucket is being loaded, but this prohibition shall not 
 forbid the temporary removal of the gate or rail for the pur- 
 pose of repairs or other operations, if proper precaution to 
 prevent danger to persons is taken. 
 
 (i) The top of every mining shaft shall be protected by a 
 substantial gate, guard rail, or chain. 
 
 (j) Winzes or raises shall not be started in the direct line 
 of a drift, but shall be offset from the drift. And every winze 
 or raise now opening from below directly on any drift or tun- 
 nel, traveled by men, shall be covered with a grizzly or by 
 doors. 
 
 (k) The opening of such offset winze shall be protected by 
 a fence or guard rail not less than three feet or more than four 
 feet in height above the level of the drift. 
 
 (1) Existing winzes, sumps, and all other openings in the 
 floor of a drift or stope must be kept covered by a substantial 
 hatch, or planking, or provided with guard rails. 
 
 Sec. 4076. An adequate amount of pure air shall be made 
 to circulate through and into the shafts, winzes, levels, and 
 other working places of every mine, in such quantity as will 
 maintain the same in a fit state for working and passing there- 
 in, and in all dry places where the operation of a power drill 
 will produce dust, all power drills used therein shall be 
 equipped with a spraying device, and an adequate spraying 
 system shall be installed and used to settle all dust or gases 
 
52 MINING LAWS OF AEIZONA 
 
 that may be created. The total quantity of carbon dioxide 
 present in the air shall not exceed 0.25 per cent by volume, 
 except that at any place where firing of explosives has been 
 done a higher percentage of carbon dioxide shall be permissi- 
 ble for a reasonable length of time after the last explosion, 
 and the operator shall provide respirators whenever needed. 
 Waste timber in underground workings shall not be piled up 
 and permitted to decay, but shall be removed as soon as prac- 
 ticable. 
 
 Sec. 4077. (a) Stationary lights, deemed sufficient by the 
 mine inspector or deputy thereof, shall be provided during 
 working hours at all stations in vertical and inclined shafts 
 during the time while in actual use; and also at all stations 
 in levels where hoisting or hauling is effected by means of 
 machinery; and also at night at all working places on the 
 surface. 
 
 (b) No candles shall be left burning in a mine, or any part 
 of a mine, when the person using the candle departs from his 
 work for the day. 
 
 Sec. 4078. (a) When advancing a drift, adit, level, or incline 
 toward a mine working that is suspected to be filled with 
 water, a bore hole must be kept at least twenty feet in ad- 
 vance of the breast of the drive; and also if necessary in di- 
 rections laterally from the course of the drive. Such a work- 
 ing place must not exceed six feet in width and such additional 
 precautionary measures shall be taken as may be deemed nec- 
 essary by the mine inspector or deputy to obviate the danger 
 of a sudden breaking through of water. 
 
 (b) No raise shall be allowed to approach within ten feet 
 of any portion of a winze, or a stope, in which there is a dan- 
 gerous accumulation of water, unless such winze or stope be 
 first unwatered by bailing or pumping, or by means of a bore 
 from the raise. 
 
 (c) In every mine where, in the opinion of the mine in- 
 spector, there is a danger of a sudden inrush of water, such 
 additional raises, drifts, or other workings shall be constructed 
 as are necessary to insure the escape of workmen from the 
 lower workings; and all sumps, and places for the storage of 
 water in mines, shall be so constructed as to prevent leakage, 
 as far as possible, and insure the safety of the men working 
 below the same. 
 
 (d) It shall not be lawful for any operator to impound 
 water or to keep water impounded within any mine in which 
 men are working below the water so impounded, in such man- 
 ner as to endanger the safety of such men, unless said water 
 be impounded by a dam or dams, or wall or walls, approved 
 by the mine. inspector or a deputy mine inspector. 
 
 Sec. 4079. Boys under eighteen years of age shall not be 
 employed underground in a mine. 
 
MINING LAWS OF ARIZONA 53 
 
 Sec. 4080. No intoxicated person shall be allowed to enter 
 a mine. No intoxicated person shall be allowed to remain in 
 a mine. No intoxicating liquors shall be taken into a mine. 
 
 Sec. 4081. Strangers and visitors shall not be allowed un- 
 derground unless accompanied by the owner, official or em- 
 ployee deputized to accompany them. 
 
 Sec. 4082. Every mine employing twenty-five men or more 
 shall maintain and suitably equip a heated washroom and 
 changeroom, immediately contiguous to said mine, which shall 
 at all times be open to employees. 
 
 Sec. 4083. No person shall knowingly injure or destroy a 
 water-gauge, barometer, air-course, brattice, or other equip- 
 ment, or machinery of any mine; nor, unless lawfully author- 
 ized so to do, obstruct or open an air-way, handle or disturb 
 any part of the machinery of the hoisting engine of the mine, 
 open the door of a mine and neglect to close it, endanger the 
 mine or those working therein, disobey an order given in pur- 
 suance of law, or do a wilful act whereby the lives or health 
 of persons working in such mine, or the security of a mine, or 
 the machinery connected therewith, may be endangered. 
 
 Sec. 4084. Notices shall be placed by the superintendent, or 
 under his direction by the mine foreman or shift boss, at the 
 entrance to any working place deemed dangerous, and at the 
 entrance to old or abandoned workings; and no person other 
 than those authorized by the operator, manager, or superin- 
 tendent, shall remove or go beyond any caution-board or dan- 
 ger signal so placed. 
 
 Sec. 4085. At any mine employing twenty-five or more men 
 underground, the operator shall provide, and keep in a readily 
 accessible place, at least two fire fighting helmets in condition 
 to be used in case of emergency; also the operator or superin- 
 tendent of such mine shall provide training for a crew in the 
 use of said helmets, and tests at least once monthly of the 
 helmets by the actual use thereof by such crew shall be made. 
 
 Sec. 4086. (a) Every shaft and each compartment thereof 
 used for hoisting, if exceeding fifty feet in depth, and not ex- 
 empted in writing by the mine inspector, shall be provided 
 with an efficient means of interchanging distinct and definite 
 signals between the top of the shaft and the lowest level from 
 which hoisting is being done, and the various intermediate 
 levels for the time being in use. The signalling apparatus shall 
 be either wire or cable, actuating a bell or whistle, or a speak- 
 ing tube, or a telephone, or an electric system, or two or more 
 of these may be used in conjunction. 
 
 (b) In mines where a station tender is employed no person 
 shall ring any signal bell except the station tender, except in 
 case of danger, or when the main shaft is being sunk. 
 
 Sec. 4087. Electric trolley wires in all mines now equipped 
 with same shall be at least six and one-half feet above the 
 
54 MINING LAWS OF AKIZONA 
 
 floor and in all mines hereafter so equipped at least seven feet 
 above the floor. 
 
 Sec. 4088. The following signal code shall be used in all 
 mines : 
 
 1 bell, stop immediately if in motion. 
 
 1 bell, hoist muck. 
 
 1 bell, release cage, skip, or bucket. 
 
 2 bells, lower. 
 
 3-1 bells, hoist men. ( NOTE : If bells rung slowly, 
 3-2 bells, lower men. ( move slowly. 
 
 5 bells, blasting or ready to shoot signal. 
 
 This is a caution signal and if the engineer is prepared to 
 accept it he must acknowledge by raising the bucket or cage 
 a few feet then lowering it again. After accepting this signal 
 the engineer must be prepared to hoist men away from the 
 blast as soon as the signal, 1 bell, is given and must accept no 
 other signal in the meantime. 
 
 4 bells, steam on or off. 
 
 6 bells, air on or off. 
 
 7 bells, danger signal. Followed by station signal, calls 
 cage to that station. 
 
 This signal takes precedence over all other except an ac- 
 cepted blasting signal. 
 
 STATION SIGNALS. 
 
 Name of Name of 
 
 Bells Station Bells Station 
 
 1-2 Collar of Shaft 4-2 10 
 
 1-3 1 4-3.... 11 
 
 1-4 2 4-4 12 
 
 1-5 3 4-5 13 
 
 2-1 4 5-1 14 
 
 2-2 5 5-2 15 
 
 2-3 6 5-3 16 
 
 2-4 7 5-4 17 
 
 2-5 8 5-5 18 
 
 4-1 9 
 
 Station signal must be given before hoisting or lowering 
 signal. 
 
 The engineer shall not move a cage, skip, or bucket, unless 
 he understands the signal. 
 
 One copy of this signal code shall be posted on the head 
 frame, one at the east station, and one before the engineer. 
 
 Sec. 4089. Special signals in addition to the above may be 
 used at any mine, provided they are easily distinguished by 
 their sound, or otherwise, from the foregoing code, and do not 
 interfere with it in any way. 
 
 Sec. 4090. It shall be the duty of the superintendent of ev- 
 ery mine within the provisions of this chapter to keep at all 
 
MINING LAWS OF ARIZONA 55 
 
 times in the office of said mine and in the timekeeper's office 
 thereof, in an accessible place and subject to inspection by all 
 workmen and persons interested in the same, at least one 
 printed copy of this chapter. 
 
 Sec. 4091. Any person who violates any of the provisions 
 of this chapter where other penalty is not expressly provided 
 shall be deemed guilty of a misdemeanor, and upon conviction 
 thereof shall be punished by a fine of not less than fifty dollars 
 nor more than three hundred dollars, or imprisonment in the 
 county jail not less than thirty days or not to exceed one year, 
 or both such fine and imprisonment. 
 
 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. 
 
 MISCELLANEOUS PROVISIONS OF ARIZONA LAW 
 AFFECTING MINING CLAIMS. 
 
 The Probate Laws provide for summary sales of mining 
 claims and interests therein belonging to Estates, by order of 
 the Probate Court, and for the granting of options of purchase 
 by guardians of minors. 
 
 The chapter on Injunctions provides that no injunction 
 against operating mining claims shall be granted by the courts 
 except upon previous notice to owners. 
 
 AN ACT. TO AMEND PARAGRAPH 3654, CHAPTER II, 
 TITLE XXIX, OF THE REVISED STATUTES OF ARI- 
 ZONA, 1913, CIVIL CODE, RELATING TO LIENS ON 
 MINES AND MINING CLAIMS, AND EXEMPTING 
 CLAIMS UNDER BOND AND LEASE FROM THE PRO- 
 VISIONS THEREOF BY COMPLYING WITH CERTAIN 
 CONDITIONS HEREIN PROVIDED FOR. 
 
 (Chapter 67, Laws of 1915.) 
 
 Section 1. That Paragraph 3654, Title 29, Chapter 2, Revised 
 Statutes of Arizona, 1913, Civil Code, be and the same is hereby 
 amended to read as follows : 
 
 "3654. All miners, laborers and others who may labor, and 
 all persons who may furnish material or merchandise of any 
 
56 MINING LAWS OF ARIZONA 
 
 kind, designed or used, in or upon any mine, or mining claim, 
 and to whom any sum is due for such labor or material or mer- 
 chandise, shall have a lien upon the same for such sums as are 
 unpaid. And said lien for labor performed, or material or mer- 
 chandise furnished, shall attach to said mine, or mining claim, 
 whenever said labor was performed, or said material or mer- 
 chandise was furnished in or upon said mine or mining claim, 
 under any of the following conditions : 
 
 (1). Under or by virtue of a contract between the person 
 performing such labor, or furnishing said material or merchan- 
 dise, and the owner of said mining claim, or his agent, trustee, 
 receiver, contractor or contractors. 
 
 (2). Under or by virtue of a contract between the person 
 performing such labor, or furnishing said material or merchan- 
 dise, and the lessee of said mine or mining claim, or his agent, 
 or contractor, where the terms of the lease from the owner of 
 said mine or mining claim, to said lessee, permit said lessee to 
 develop or work said mine or mining claim. 
 
 (3). Under or by virtue of a contract between persons per- 
 forming said labor, or furnishing said material or merchandise, 
 and any person or corporation having an option to buy, or con- 
 tract to purchase said mine or mining claim, from the owner 
 thereof, where said option or contract permits the person or 
 corporation, having said option to buy, or contract to purchase, 
 to go upon said mine or mining claim, and to work or develop 
 the same. 
 
 The lien herein provided for shall attach to the mine or min- 
 ing claim in, or on which said labor was performed, or material 
 or merchandise furnished, in preference to any prior lien or en- 
 cumbrance, or mortgage upon said mine or mining claim, ex- 
 cept such liens, encumbrances, or mortgages which may have 
 attached to any mine or mining claim, prior to December 5, 
 1912. 
 
 Provided, that the provisons of this paragraph shall not apply 
 to any mine or mining claim worked under lease, bond, or 
 option, by any person, partnership, association, company, or 
 corporation, under lease from the owner thereof, when the 
 owner of such mine or mining claim shall have posted at the 
 collar of all working shafts, tunnels or entrances to the mine, 
 entrances to all boarding nouses, and shall have mailed by 
 registered mail to the secretary of any labor union at such 
 camp, if any exist, the notice provided for in section two of this 
 act, on or before the day the lessee or those working said claim 
 under bond, lease or option to buy begin operations and shall 
 file for record in the office of the county recorder of the county 
 within which such mine or mining claim is situated, within 
 thirty days from the date of such lease, bond or option of said 
 claim, a notice to the effect that said mine or mining claim will 
 not be subject to the lien provided for in this act, and the 
 
MINING LAWS OF AEIZONA 57 
 
 owner or owners of said mine or mining claim, will not be 
 responsible for any debts of said person, partnership, associa- 
 tion, company, or corporation operating or working said mine 
 or mining claim under lease, bond or option; and provided 
 further, the leassee of said mine shall keep said notices posted 
 upon said claim or claims, and upon his failure to do so shall 
 be deemed guilty of a misdemeanor. 
 
 It is hereby made the duty of the county recorder to record 
 all such notices upon the payment of a recording fee of one 
 dollar ($1.00). 
 
 Sec. 2. The notice provided for in section one shall be sub- 
 stantially as follows: 
 
 NOTICE OF NON LIABILITY FOR LABOR OR MATERIALS 
 
 FURNISHED. 
 
 Notice is hereby given to all persons, that the undersigned 
 
 is the owner of 
 
 mine or mining claim, hereinafter described, with all the im- 
 provements thereon. 
 
 That said mine or mining claim is now in the possession of 
 
 and is being worked and operated by , pursuant 
 
 to a contract (or option to purchase or lease) made and exe- 
 cuted by the undersigned in favor of said 
 
 dated ; said contract to be in force up to and 
 
 including the day of , 19 .... 
 
 The undersigned is not working or operating said mine or 
 mining claim, or any part thereof, and does not intend to work 
 or operate said mine or mining claim, or any part thereof, or 
 purchase any supplies or materials therefor, during the life 
 of said contract with said 
 
 The name of said mine or mining claim is. 
 
 , situate, lying and being in 
 
 mining district, in County, in the State of 
 
 Arizona. The location notice of said mine or mining claim 
 
 being duly recorded in book at page of notices of 
 
 location of mining claims, in the office of the County Recorder 
 
 of said County, State of Arizona, to which book 
 
 and page reference is hereby made for a more particular des- 
 cription of said mine or mining claim. 
 
 In witness whereof, the said 
 
 has hereunto set his hand this day of , 19. ... 
 
 Witness : 
 
 Sec. 3. All acts and parts of acts in conflict with the pro- 
 visions of this act are hereby repealed. 
 
 > 
 
58 
 
 MINING LAWS OF ARIZONA 
 
 End 
 Monument 
 
 o 
 
 If 
 
 k 
 
 2 
 
 5' 
 
 n 
 
 CD 
 < 
 V) 
 
 GO 
 
 er 
 300 ft. t 300 ft. 
 
 o 
 
 End 
 Monument 
 
 go 
 
 oil 
 
 S" 
 
 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 
 identify the claim.. 
 
MINING LAWS OF ARIZONA 59 
 
 ARIZONA FORM OF LOCATION NOTICE. 
 
 NOTICE OF MINING LOCATION 
 Lode Claim 
 
 To All Whom It May Concern: 
 
 This mining 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 , 19 .... 
 
 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 State of Arizona, 
 
 about in a direction from 
 
 The surface boundaries of the claim are marked upon the 
 
 ground as follows : Beginning at at a pomt in a 
 
 direction feet from the discovery 
 
 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 
 
 a 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 ; 
 
60 MINING LAWS OF ARIZONA 
 
 thence feet to the place of beginning. 
 
 All done under the provisions of Chapter Six, of Title 
 XXXII, of the Kevised Statutes of the United States, and of 
 the laws of the State of Arizona. 
 
 Dated and posted on the ground this day of 
 
 , 19.... 
 
 Witness . . 
 
 ARIZONA 
 
 AFFIDAVIT OF LABOR PERFORMED AND IMPROVE- 
 MENTS MADE. 
 
 State 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, State of Arizona, and is personally 
 
 acquainted with the mining claim known as 
 
 mining claim, situate in Mining 
 
 District, County of State of Arizona, 
 
 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. 19..., and the day of , 
 
 A. D. 19. . ., 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 
 
MINING LAWS OF ARIZONA 61 
 
 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. 19.... 
 
 Notary Public. 
 (My commission expires ) 
 
 AFFIDAVIT OF LABOR PERFORMED AND IMPROVE- 
 MENTS MADE ON GROUP OF CLAIMS. 
 
 State 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 of State of Arizona, 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 State 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. 19. . ., and the day of , 
 
 A. D. 19..., 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- 
 
62 MINING LAWS OF ARIZONA 
 
 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 mining 
 claims constitute one group; and the tendency of said work 
 was to develop 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 State 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 : 
 
 Subscribed and sworn to before me this day of 
 
 , A. D. 1904. 
 
 My commission expires 
 
 Notary Public in and for the County 
 
 of , State 
 
 of Arizona. 
 
 ARIZONA. 
 NOTICE OF LOCATION OF PLACER CLAIM. 
 
 For this form use the same given under California Laws. 
 
 All location notices in this book can be purchased from the 
 author. 
 
 ARIZONA. 
 NOTICE OF FORFEITURE TO CO-OWNER. 
 
 For this form see end of U. S. Mining Laws. 
 
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 Sec. 586. (Civil Code.) Any corporation organized in this 
 State for the purpose of mining or carrying on mining opera- 
 tions in or without this State, may establish and maintain 
 agencies in other states 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 purposes as if made upon the books of such corporation at 
 its principal office within this state. The agencies must be gov- 
 erned 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, 
 issued 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 corpo- 
 rations 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 65 
 
 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 con- 
 ducting 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 en- 
 titled to be accompanied by an expert, and to make copies or 
 extracts from any such books or papers. He may, at reasonable 
 hours, examine such mining property, accompanied by an ex- 
 pert, 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 item- 
 ized account or balance sheet for the previous month, embrac- 
 ing a full and complete statement of all disbursements and re- 
 ceipts, showing from what sources such receipts were derived, 
 and to whom and for what object or purpose such disburse- 
 ments or payments were made ; also all indebtedness or liabili- 
 ties 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 company. It is the duty of the superintend- 
 ent, on the first Monday of each month, to file with the secre- 
 tary an itemized account, verified under oath, showing all re- 
 ceipts and disbursements made by him for the previous month, 
 and for what said disbursements were made. Such account 
 must also contain a verified statement showing the number of 
 men employed under him, and for what purpose, and the rate 
 of wages paid to each. He must attach to such account a full 
 
66 MINING LAWS OF CALIFOENIA 
 
 and complete report, under oath, of the work done in said mine, 
 the amount of ore extracted, 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 superintendent. It is his duty to forward to 
 the office of the company a full report, under oath, of all discov- 
 eries 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 cor- 
 respondence from the superintendent must be kept in some con- 
 spicuous place in the office of said company, open to the inspec- 
 tion 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 through 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 
 mentioned in section five hundred and eighty-nine, such stock- 
 holder is entitled to recover against 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 CALIFOENIA 67 
 
 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 Gal. 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 acknowledgment. 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 
 acknowledgment, certificate of .acknowledgment or further 
 proof. The record of all notices of location of mining claims 
 heretofore made in the proper office without acknowledgment, 
 or certificate of acknowledgment, 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 material 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 
 
68 MINING LAWS OF CALIFOKNIA 
 
 nozzle, against a natural bank. (En. Stats. 1893, 337.) 
 
 Ill Cal. 571; 121 Cal. 662; 137 Gal. 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. 
 
 Sec. 1426. Mining claims; how located. 
 
 Sec. 1426a. Boundaries. 
 
 Sec. 1426b. Recordation. 
 
 Sec. 1426c. Placer claims; how located. 
 
 Sec. 1426d. Recordation. 
 
 Sec. 1426e. Tunnel rights ; how located. 
 
 Sec. 14261 Boundaries. 
 
 Sec. 1426g. Recordation. 
 
 Sec. 1426h. Defective location ; how remedied. 
 
 Sec. 1426i. When survey and certificate part of record. 
 
 Sec. 1426J. Mill site; location of. 
 
 Sec. 1426k. Recordation. 
 
 Sec. 14261. Improvements. 
 
 Sec. 1426m. Value of improvements; how established. 
 
 Sec. 1426n. Recordation fee. 
 
 Sec. 1426o. Notice of delinquency; how given. 
 
 Sec. 1426p. Record of location as evidence. 
 
 Sec. 1426q. Certified copies of records as evidence. 
 
 Sec. 1426r. Construction.. 
 
 Sec. 1426s. Disqualification for failure to perform develop- 
 ment work. 
 
 Sec. 1426. (Mining claims; how located.) Any person, a 
 citizen 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 
 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 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 
 claim, 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. 
 
 Sec. 1426a. (Boundaries.) The locator must define the 
 boundaries of his claim so that they may be readily traced, and 
 
MINING LAWS OF CALIFOBNIA 69 
 
 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 the 
 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 j 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 embraced 
 in the location, the claim may be taken by legal subdivisions 
 and no other reference than those of said survey shall be re- 
 quired and the boundaries of a claim so located and described 
 need not be staked or monumented. The description 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, which must contain: First 
 The name of the locator or locators. Second the date of the 
 location. Third The proposed course or direction of the tun- 
 nel. Fourth A description of the tunnel, with reference to 
 some natural object or permanent monument as shall identify 
 the claim or tunnel right. 
 
 Sec. 1426f. (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 of the notice of location of the tunnel right or location, 
 the locator shall record a true copy thereof in the office of the 
 
70 MINING LAWS OF CALIFOKNIA 
 
 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. 1426 j. (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 
 United States, may locate not more than five acres of non- 
 mineral land as a mill site. Such location shall be made in 
 the same manner as hereinbefore required for locating placer 
 claims. 
 
 Sec. 1426k. (Recordation.) The locator of a mill site claim 
 or 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 the county in which such location is situated, for 
 which service the recorder shall receive a fee of one dollar. 
 
 Sec. 14261. (Improvements.) 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. 
 
MINING LAWS OF CALIFOKNIA 71 
 
 Sec. 1426m. (Value of improvements; how established.) 
 Whenever mine owner, company or corporation shall have per- 
 formed the labor and made the improvements required by law 
 upon any mining claim, the person in whose behalf such labor 
 was performed or improvements made, or someone in his be- 
 half, shall, within thirty days after the time limited for per- 
 forming such labor or making such improvements, make and 
 have recorded by the county recorder, in books kept for that 
 purpose, in the county in which such mining claim is situated, 
 an affidavit setting forth the value of labor or improvements 
 made, the name of the claim, 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 improve- 
 ments, or both. 
 
 1426n. For recording the affidavit herein required, the 
 county recorder shall receive a fee of ten cents per folio, 
 twenty cents fo endorsement and ten cents for indexing the 
 name of each claim and each owner. 
 
 Sec. 1426o. (Notice of delinquency; how given.) When- 
 ever a co-owner or co-owners of a mining claim shall give to 
 a delinquent co-owner or co-owners the notice in writing or 
 notice by publication provided for in section 2324, Eevised 
 Statutes of the United States, an affidavit of the person giving 
 such notice, stating the time, place, manner of service, and by 
 whom and upon whom such service was made, shall be attached 
 to a true copy of such notice, and such notice and affidavit 
 must be recorded in the office of the county recorder, in books 
 kept for that purpose, in the county in which the claim is sit- 
 uated, within ninety days after the giving of such notice; for 
 the recording of which said recorder shall receive the same 
 fees as are now allowed by law for recording deeds ; 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, stat- 
 ing the date of the first, last and each insertion of such notice, 
 therein, and where the newspaper was published during that 
 time, and the name of such newspaper. Such affidavit and no- 
 tice shall be recorded as aforesaid, within one hundred and 
 eighty days after the first publication thereof. The original 
 of such notice and affidavit, or a duly certified copy of the 
 record thereof, shall be prima facie evidence that the delin- 
 quent mentioned in section 2324 has failed or refused to con- 
 tribute his proportion of the expenditure required by that sec- 
 tion, and of the service of publication of said notice ; provided, 
 the writing or affidavit hereinafter provided for is not of rec- 
 ord. If such delinquent shall, within the ninety days required 
 by section 2324, aforesaid, contribute to his co-owner or co- 
 
72 MINING LAWS OF CALIFORNIA 
 
 owners, his proportion of such expenditures, and also all costs 
 of service of the notice required by this section, whether in- 
 curred for publication charges, or otherwise, such co-owner or 
 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, 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 re- 
 cording deeds. If such co-owner or co-owners shall fail to sign 
 and deliver such writing to the delinquent or delinquents with- 
 in twenty days after such contribution, 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 dis- 
 interested persons having personal knowledge of such contri- 
 bution, 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 sit- 
 uated, 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.) Cop- 
 ies 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 ru^s 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 regu- 
 lations not affected.) The provisions of this act shall not in 
 any manner be construed as affecting or abolishing any min- 
 ing district or the rules and regulations thereof within the 
 State of California. 
 
 Sec. 1426s. (Disqualification for failure to perform develop- 
 ment work.) The failure or neglect of any locator of a mining 
 
MINING LAWS OF CALIFORNIA 73 
 
 claim to perform development work of the character, in the 
 manner and within the time 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 
 date of his original 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 ac- 
 quire 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 Cal. 120; 121 Cal. 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 min- 
 erals 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 
 
74 MINING LAWS OF CALIFOKNIA 
 
 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 Gal. 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 bind- 
 ing. No member of a mining partnership or other agent or 
 manager thereof can, by a contract in writing, bind the part- 
 nership, 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 01 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 CALIFOKNIA 75 
 
 may be brought to quiet title to mining property by any per- 
 son in possession. 
 
 Sec. 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 regulations, 
 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. 
 
 Sees. 1183 to 1203. (Code of Civil Proc.) These sections 
 provide for liens for mechanics, material men, contractors, min- 
 ers and others for labor done on mining claims or material fur- 
 nished, etc., for recording of such liens and their enforcement 
 in court. 
 
 Reference is here made to said sections for terms of con- 
 tract, etc. 
 
 Sees. 1204 to 1207, inclusive. (Code of Civil Proc.) Provide, 
 in cases of assignment of mining companies, for liens on min- 
 ' ing claims and procedure to collect same. 
 
 EMINENT DOMAIN. 
 
 An Act to amend Section 1238 of Code of Civil Procedure, re- 
 lating to the public uses on behalf of which the right of 
 Eminent Domain may be exercised. 
 
 (Chapter 31, Laws of 1915.) 
 
 This act provides for what uses (including rights of way 
 for ditches, flumes, etc., for mining) the right of eminent do- 
 main may be used. For those interested reference is here made 
 to Session Laws of 1915, page 38 for this act. 
 
76 MINING LAWS OF CALIFOBNIA 
 
 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 for 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, edition 
 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. 
 
 Sec. 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 
 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- 
 
MINING LAWS OF CALIFOKNIA 77 
 
 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, shall 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. 
 
 Sec. 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- 
 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 
 
78 MINING LAWS OF CALIFORNIA 
 
 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 should fail or refuse to con- 
 tribute his portion of the expenditures required by this section, 
 his interests 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 publica- 
 tion, as the case may be, of such notice, when filed or recorded 
 with the recorder 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 tunnel 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 
 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 shafts shall be a misdemeanor. 
 
MINING LAWS OF CALIFORNIA 79 
 
 PROVISIONS OF GENERAL STATUTES, 
 
 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 
 California, 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. (These rules printed on sheets can be obtained 
 from State Mining Bureau for 5c.) (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 No. 
 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 deposits. 
 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. 
 
 (Provisions of California Civil Code.) 
 Where Hydraulic Mining can be Carried On. 
 
 Sec. 1424. The business of hydraulic mining may be carried 
 on within the State of California wherever and whenever the 
 same can be carried on without material injury to the navi- 
 gable streams, or the lands adjacent thereto. 
 Meaning of Hydraulic Mining. 
 
 Sec. 1425. Hydraulic mining, within the meaning of this 
 title, is mining by the means of the application of water, under 
 pressure, through a nozzle, against a natural bank. 
 
 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. 
 
80 MINING LAWS OF CALIFORNIA 
 
 Licenses are obtained by application to California Debris 
 Commission, San Francisco, Cal. 
 
 LANDS UNCOVERED BY RECESSION OF WATER. 
 
 AN ACT TO AMEND SECTION 3493m OF THE POLITICAL 
 
 CODE APPROVED APRIL 14, 1911. 
 
 This Act provides that any person may purchase any State 
 lands which may be hereafter uncovered by the recession of 
 waters of inland lakes, by application to Surveyor General of 
 California, but if such lands contain mineral deposited by 
 water the lands can be leased. See above section for full text 
 of this Act. 
 
 MINERAL LANDS WITHIN MEANDER LINES OF 
 LAKES, ETC. 
 
 (Approved April 27, 1911.) 
 
 This Act provides that lands within original meander lines 
 of streams the waters of which contain minerals may be leased. 
 For full text of Act see the Act itself, too long and not of suf- 
 ficient general interest for this book. Also write Assessor of 
 County in which such lands occur or to Surveyor General of 
 California for full information and blanks. 
 
 EIGHT HOUR LAW. 
 
 (Approved March 30, 1913.) 
 
 Section 1. Provides that persons engaged in work in under- 
 ground mines, shall not exceed eight hours in any twenty-four 
 hours, except in case of emergency. 
 
 Sec. 2. Provides a penalty for anyone violating the act, 
 laborer or employer. 
 
 WATER COMMISSION. 
 
 California has created a Water Commission of five persons, 
 to govern locations of water rights in the State and to make 
 rules and regulations governing use of streams. For provi- 
 sions of this Act see Act of June 16, 1913, (1913 Session Laws). 
 
 MINERALS IN LAKES AND STREAMS. 
 
 AN ACT REGULATING THE EXTRACTION OF MINER- 
 ALS FROM THE WATERS OF ANY STREAM OR LAKE 
 AND PROHIBITING THE EXTRACTION OF MINERALS 
 FROM SAID WATERS EXCEPT UNDER LEASE FROM OR 
 EXPRESS PERMISSION OF THE STATE FOR A PERIOD 
 NOT EXCEEDING TWENTY-FIVE YEARS. 
 (Approved April 14, 1911.) 
 
 Section 1. Minerals contained in the waters of any stream 
 
MINING LAWS OF CALIFORNIA 81 
 
 or lake in this state shall not be extracted from said waters 
 except upon charges, terms and conditions prescribed by law. 
 No person, firm, corporation or association shall hereafter 
 gain the right to extract or cause to be extracted said minerals 
 from said waters by user, custom, prescription, appropriation, 
 littoral rights, riparian rights, or in any manner other than by 
 lease from or express permission of the state as prescribed by 
 law; and no such lease or permission shall be granted for a 
 longer period than twenty-five years. 
 
 Sec. 2. All acts or parts of acts in conflict herewith are 
 hereby repealed. . 
 
 Sec. 3. This act shall take effect immediately. 
 
 ACT CREATING A "CONSERVATION COMMISSION," ETC. 
 
 (Approved April 8, 1911.) 
 
 This act provides for the appointment by the Governor of a 
 ' ' Conservation Commission of the State of California, ' ' to con- 
 sist of three persons, serving without pay. The duties of such 
 commission are to investigate the laws of the United States and 
 foreign nations, etc., upon the subjects of forestry, water, 
 electricity, power, mines and mining, etc., and to prepare and 
 recommend to the legislature laws on such subjects (Too 
 long for this book See Session Laws of 1911). 
 
 CALIFORNIA STATE MINING BUREAU. 
 
 The state has established a State Mining Bureau. The chief 
 officer of the Bureau is the State Mineralogist. The objects of 
 the Bureau are to advance the mineral industries of the state, 
 investigate its mineral resources and geology, and publish re- 
 ports and bulletins on the state and inspect mines. It maintains 
 its offices, library and a fine mineral exhibit in the Ferry Build- 
 ing, San Francisco,. California. (For the law creating the Bu- 
 reau and its duties and powers see Act of June 16, 1913.) 
 
 GRAND LARCENY FROM MINE. 
 
 (Act of March 20th, 1872. Deering's Penal Code, p. 833.) 
 
 Section 1. Every person who shall feloniously steal, take 
 and carry away, or attempt to take, steal, and carry from any 
 mining claim, tunnel, sluice, under-current, riffle-box, or sul- 
 phurate (sulphuret) machine any gold-dust, amalgam, or quick- 
 silver, the property of another, shall be deemed guilty of grand 
 larceny, and upon conviction thereof shall be punished by im- 
 prisonment in the state prison for any term of not less than one 
 year nor more than fourteen years. 
 
 Act Takes Effect When. 
 
 Sec. 2. This act shall be in force from and after its passage. 
 
82 MINING LAWS OF CALIFOENIA 
 
 An act prohibiting the unnecessary wasting of natural gas into 
 the atmosphere; providing for the capping or otherwise 
 closing of wells from which natural gas flows ; and provid- 
 ing penalties for violating the provisions of this act. 
 
 (Approved March 25, 1911.) 
 
 Section 1. All persons, firms, corporations and associations 
 are hereby prohibited from wilfully permitting any natural gas 
 wastefully to escape into the atmosphere. 
 
 Sec. 2. All persons, firms, corporations or associations dig- 
 ging, drilling, excavating, constructing or owning or controlling 
 any well from which natural gas flows shall upon the aban- 
 donment of such well, cap or otherwise close the mouth of or 
 entrance to the same in such a manner as to prevent the 
 unnecessary or wasteful escape into the atmosphere of such 
 natural gas. And no person, firm, corporation or association 
 owning or controlling land in which such well or wells are 
 situated shall wilfully permit natural gas flowing from such 
 well or wells, wastefully or unnecessarily to escape into the 
 atmosphere. 
 
 Sec. 3. Any person, firm, corporation or association who 
 shall wilfully violate any of the provisions of this act shall be 
 deemed guilty of a misdemeanor, and upon conviction thereof 
 shall be punished by a fine of not more than one thousand 
 dollars or by imprisonment in the county jail for not more 
 than one year, or by both such fine and imprisonment. 
 
 Sec. 4. For the purposes of this act each day during which 
 natural gas shall be wilfully allowed wastefully or unneces- 
 sarily to escape into the atmosphere shall be deemed a separate 
 and distinct violation of this act. 
 
 Sec. 5. All acts or parts of acts in conflict herewith are 
 hereby repealed. 
 
 Sec. 6. This act shall take effect immediately. 
 
 PROTECTION OF OIL AND GAS STRATA. 
 
 AN ACT TO PREVENT INJURY TO OIL, GAS OR PETRO- 
 LEUM-BEARING STRATA OR FORMATIONS BY THE 
 PENETRATION OR INFILTRATION OF WATER. 
 
 (Approved March 20, 1909.) 
 
 This Act does not concern general mining and too long for 
 this book. It can be found in the General Statutes of Cali- 
 fornia. 
 
MINING LAWS OF CALIFOBNIA 83 
 
 AGRICULTURAL ENTRY OF MINERAL LAND. 
 
 An act to authorize the surveyor general of the State of Cali- 
 fornia to consent to the provisions of the act of congress 
 approved July 17, 1914, entitled "An act to provide for 
 agricultural entry of lands withdrawn, classified, or re- 
 ported as containing phosphate, nitrate, potash, oil, gas or 
 asphaltic minerals." 
 
 (Chapter 66. Approved April 15, 1915.) 
 
 Section 1. The surveyor general of the State of California 
 is hereby authorized and empowered to accept the benefits of 
 the act of congress approved July 17, 1914, entitled: "An 
 act to provide for agricultural entry of lands withdrawn, 
 classified, or reported as containing phosphate, nitrate, potash, 
 oil, gas, or asphaltic minerals," and on behalf of the State of 
 California, or of any assignee of the State of California, to 
 accept and receive lists and patents to lands selected by the 
 State of California as agricultural lands, which were subse- 
 quently withdrawn, classified or reported as being valuable 
 for phosphate, nitrate, potash, oil, gas, or asphaltic minerals, 
 and containing a reservation to the United States of all de- 
 posits on account of which the lands were withdrawn, classi- 
 fied, or reported as being valuable, together with the right 
 to prospect for, mine and remove the same, as provided in said 
 act of congress. 
 
 OIL AND GAS SUPERVISOR. 
 
 An Act establishing and creating a department of the State 
 mining bureau for the protection of the natural resources 
 of petroleum and gas from waste and destruction through 
 improper operations in production; providing for the ap- 
 pointment of a state oil and gas supervisor ; prescribing his 
 duties and powers; fixing his compensation; providing for 
 the appointment of deputies and employees; providing for 
 their duties and compensation; providing for the inspection 
 of petroleum and gas wells ; requiring all persons operating 
 petroleum and gas wells to make certain reports; pro- 
 viding procedure for arbitration of departmental rulings; 
 creating a fund for the purpose of the act; providing for 
 assessment of charges to be paid by operators and provid- 
 ing for the collection thereof; and making an appropria- 
 tion for the purposes of this act. 
 
 (Chapter 718. In effect August 9, 1915.) 
 
 This law can be found by those interested in the California 
 Session Laws of 1915, page 1404. Too long for this book as 
 it does not interest mining men generally. 
 
84 MINING LAWS OF CALIFORNIA 
 
 TELEPHONE SYSTEM IN MINES. 
 
 An Act providing for the establishment and maintenance of a 
 telephone system in mines and prescribing a penalty for 
 the violation thereof. 
 
 (Approved June 13, 1913.) 
 
 Section 1. In all mines operated and worked in this state 
 where a depth of more than five hundred feet underground has 
 been reached a telephone system must be established, equipped 
 and maintained by the owners or lessees thereof with stations 
 at each working level below the depth aforesaid, communi- 
 cating with a station thereof on the surface of any such mine. 
 
 Sec. 2. The failure or refusal of any owner or lessee to in- 
 stall or maintain such telephone system shall be deemed guilty 
 of misdemeanor and punished accordingly. 
 
 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 Stat- 
 utes 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 , 
 
 19. ... Immediately upon making the same, and on the 
 
 day of , 19 . . . , 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 Und called the 
 
 It is situated in Mining District, and in t 
 
 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 
 
MINING LAWS OF CALIFORNIA 85 
 
 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| | 
 
 Dated and posted on the ground, this day of 
 
 , 19.... 
 
 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." 
 
 flf 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, 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 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 in- 
 stance: "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 
 
 , 19 . . . , 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. t Said claim is 
 
 hereby named Placer Claim. Said claim 
 
 is marked upon the ground as follows : t 
 
 This notice is posted on a mound of rocks at the point of 
 
86 MINING LAWS OF CALIFOBNIA 
 
 discovery, situated 
 
 Dated and posted on the ground, this .... day of , 19 .... 
 
 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 conform to 
 that 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. 
 
 Here state where the discovery is located, as, for instance, "20 ft. S. W. of 
 the N. E. corner monument." 
 
 |IA duplicate of this notice must be filed for record with the county recorder 
 within thirty days from the discovery; and the locator is allowed thirty days to 
 mark his location on the ground. 
 
TO ATTORNEYS 
 
 1 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 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. 
 
 CALVERT WILSON, 
 
 Attorney at Law, 
 Los Angeles, California. 
 
 340 Wilcox Bldg. Home Phone A 1851. Sunset Main 4665. 
 
WORTH B. ANDREWS 
 
 Mining Engineer 
 
 Examination of Mines and Prospects. 
 
 Supervision of Development and Management for 
 Companies. 
 
 Mining Properties of Merit Placed. 
 
 BEDFORD McNEILL CODE. 
 
 340 WILCOX BUILDING 
 
 LOS ANGELES, CALIFORNIA 
 
 PHONE, HOME A 1 851 
 
COLORADO MINING LAWS 
 
 (See also U. S. Mining Laws.) 
 
 COLORADO STATUTES. 
 Chapter 91. 
 
 Revised Statutes of Colorado, 1908, and Amendments There- 
 to, Session Laws of 1915, Inclusive. 
 
 Mines and Mining. 
 
 Sec. 4192. Length of Lode Claim. Sec. 1. The length of any 
 lode claim hereafter located may equal but not exceed fifteen 
 hundred feet along the vein. 
 
 Sec. 4193. Width of Lode Claim. Sec. 2. The width of lode 
 claims hereafter located in Gilpin, Clear Creek, Boulder, and 
 Summit Counties, shall be one hundred and fifty feet on each 
 side of the center of the vein or crevice; in all other counties 
 the width of the same shall be three hundred feet on each side 
 of the center of the vein or crevice ; and the owner or owners 
 of any lode claim or claims heretofore located and having a less 
 width, desirous of securing the benefit of this act may file 
 an additional certificate claiming such additional width as here- 
 in provided; provided, that hereafter any county may, at any 
 general election, determine upon a greater width not exceeding 
 three hundred feet on each side of the center of the vein or lode, 
 by a majority of the legal votes cast at said election, and any 
 county by such vote at such election may determine upon a 
 less width than above specified. (S. L. 1913, P. 413, S. 2.) 
 
 Sec. 4194. Three Months to Record Location Certificate 
 Contents. Sec. 3. The discoverer of a lode shall, within three 
 months from the date of discovery, record his claim in the office 
 of the recorder of the county in which such lode is situated, by 
 a location certificate which shall contain : 
 
 First The name of the lode. 
 
 Second The name of the locator. 
 
 Third The date of location. 
 
 Fourth The number of feet in length claimed on each side 
 of the center of discovery shaft. 
 
 Fifth The general course of the lode as near as may be. 
 
 Sec. 4195. When Location Certificate Void. Sec. 4. Any 
 location certificate of a lode claim which shall not contain the 
 name of the lode, the name of the locator, the date of location, 
 the number of lineal feet claimed on each side of the discovery 
 shaft, the general course of the lode, and such description as 
 shall identify the claim with reasonable certainty, shall be void. 
 
90 MINING LAWS OF COLORADO 
 
 Sec. 4196. Certificate Shall Contain But One Location. Sec. 
 5. No location certificate shall claim more than one location, 
 whether the location be made by one or several locators. And if 
 it purports to claim more than one location, it shall be absolute- 
 ly 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 certificate shall be void as to all. 
 
 Sec. 4197. Manner of Locating Claims. Sec. 6. Before 
 filing such location certificate the discoverer shall locate his 
 claim by : 
 
 First Sinking a discovery shaft upon the lode to the depth 
 of at least ten feet from the lowest part of the rim of such shaft 
 at the surface, or deeper, if necessary to show a well defined 
 crevice. 
 
 Second By posting at the point of discovery on the surface 
 a plain sign or notice, containing the name of the lode, name of 
 the locator, and date of discovery. 
 
 Third By marking the surface boundaries of the claim. 
 
 Sec. 4198. Marking Boundaries Posts Piles of Stones. 
 Sec. 7. Such surface boundaries shall be marked by six sub- 
 stantial posts hewed or marked on the side or sides which are in 
 toward the claim, and sunk in the ground, to-wit : one at each 
 corner, and one at the center of each side line. Where it is prac- 
 tically impossible on account of bed rock to sink such posts, 
 they may be placed in a pile of stones, and where in marking 
 the surface boundaries of a claim any one or more of such posts 
 shall fall by right upon precipitous ground, where the proper 
 placing of it is impracticable or dangerous to life or limb, it 
 shall be legal and valid to place any such post at the nearest 
 practicable point, suitably marked to designate the proper 
 place. 
 
 Sec. 4199. Open Cross-CutTunnelAditTo Hold Lode. 
 Sec. 8. Any open cut, cross-cut or tunnel which shall cut a lode 
 at the depth of ten feet below the surface, shall hold such lode, 
 the same as if a discovery shaft were sunk thereon, or an adit 
 of at least ten feet in along the lode from the point where the 
 lode may be in any manner discovered, shall be equivalent to 
 a discovery shaft. 
 
 Sec. 4200. Sixty Days to Sink Discovery Shaft. Sec. 9. The 
 discoverer shall have sixty days from the time of uncovering or 
 disclosing a lode to sink a discovery shaft thereon. 
 
 Sec. 4201. What Location Includes Extra Lateral Rights. 
 Sec. 10. The location or location certificate of any lode claim 
 shall be construed to include all surface ground within the sur- 
 face lines thereof, and all lodes and ledges throughout their en- 
 tire depth, the top or apex of which lie inside such lines ex- 
 tended downward, vertically, with such parts of all lodes or 
 

 MINING LAWS OF COLOEADO 91 
 
 ledges as continue by dip beyond the side lines of the claim, but 
 shall not include any portion of such lodes 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. 
 
 Sec. 4202. Top Not to Be Followed Beyond Lines. Sec. 11. 
 If the top or apex of a lode in its longitudinal course extends be- 
 yond the exterior lines of the claim at any point on the surface, 
 or has extended vertically downward, such lode may not be 
 followed in its longitudinal course beyond the point where it is 
 intersected by the exterior lines. 
 
 Sec. 4203. Repealed. S. L. 1911, p. 515. S. 3. 
 Sec. 4204. Repealed. S. L. 1911, p. 515. S. 3. 
 
 Placer Claims. 
 
 Sec. 4205. Location Certificate Recording Manner of Lo- 
 cating. Sec. 14. The discoverer of a placer claim shall, within 
 thirty days from the date of discovery, record his claim in the 
 office of the recorder of the county in which said claim is situ- 
 ated, by a location certificate, which shall contain : First, the 
 name of the claim, designating it as placer claim. Second, the 
 name of the locator. Third, the date of location. Fourth, the 
 number of acres or feet claimed ; and, fifth, a description of the 
 claim, by such reference to natural objects or permanent monu- 
 ments as shall identify the claim. Before filing such location 
 certificate the discoverer shall locate his claim : First, by post- 
 ing upon such claim a plain sign or notice containing the name 
 of the claim, the name of the locator, the date of discovery and 
 the number of acres or feet claimed. Second, by marking the 
 surface foundaries with substantial posts, and sunk into the 
 ground, to- wit : one at each angle of the claim. 
 
 Sec. 4206. Repealed. S. L. 1911, p. 515, Sec. 3. 
 
 Tunnel Sites. 
 
 Sec. 4207. Tunnel Claim Must Be Recorded What Speci- 
 fied. Sec. 16. If any person or persons shall locate a tunnel 
 claim for the purpose of discovery he shall record the same, 
 specify the place of commencement and termination thereof, 
 with the names of the parties interested therein. 
 
 Sec. 4208. Repealed. R. S. 1911, p. 515, Sec. 3. 
 
 See Eminent Domain, Sees. 2435, 2450. 
 
 Annual Labor. 
 
 Sec. 4209. Affidavit of Annual Labor Effect of Filing. Sec. 
 18. Within six months after any set time or annual period al- 
 lowed for the performance of labor or making improvements 
 upon any lode claim or placer claim, the person on whose be- 
 half such outlay was made, or some person for him, may make 
 
92 MINING LAWS OF COLOBADO 
 
 and record in the office of the recorder of the county wherein 
 such claim is situate, an affidavit in substance as follows : 
 
 State of Colorado, County, ss : 
 
 Before me, the subscriber, personally appeared 
 
 who being duly sworn, saith that at least dollars ' 
 
 worth of work or improvements were performed or made upon 
 (here describe claim or part of claim) situate in min- 
 ing district, county of , state of Colorado, between the 
 
 day of , A. D , and the 
 
 day of , A. D Such expenditure was made 
 
 by or at the expense of , owners 
 
 of said claim, for the purpose of complying with the law, and 
 holding said claim. 
 
 Jurat : (Signature) 
 
 And such affidavit when so recorded shall be prima facie evi- 
 dence of the performance of such labor or the making of such 
 improvements ; provided, that all affidavits of labor or improve- 
 ments upon placer claims heretofore filed and recorded within 
 the period prescribed in this section, or within the period pre- 
 scribed in section twenty-four hundred and ten of the general 
 statutes, shall contain in substance the requirements of the 
 affidavit prescribed by this section or said section twenty-four 
 hundred and ten, shall be prima facie evidence of the perform- 
 ance of such labor or the making of such improvements ; and the 
 original thereof, or a certified copy of the record of the same, 
 shall be received as evidence accordingly by the courts of this 
 state, and this class of evidence shall be receivable, where re- 
 levant or material, in all causes, whether now pending or here- 
 after brought. 
 
 Relocation. 
 
 Sec. 4210. Relocation by Owner Conditions. Sec. 19. If 
 at any time the locator of any mining claim heretofore or here- 
 after 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 de- 
 sirous of changing his surface boundaries, or of taking in any 
 part of an over-lapping 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 certifi- 
 cate, 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 other 
 record thereof shall preclude the claimant or claimants from 
 
MINING LAWS OF COLOEADO 93 
 
 proving any such title or titles as he or they may have held 
 under previous location. 
 
 Sec. 4211. 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 re-locator may sink the original discovery shaft ten feet 
 deeper than it was at the time of abandonment, and erect new 
 or adopt the old boundaries, renewing the posts if removed or 
 destroyed. In either case a new location stake shall be erected. 
 S. L. 1911, p. 515, S. 2. 
 
 Easements. 
 
 Sec. 4212. Right of Way for Water. Sec. 21. Whenever any 
 person or persons are engaged in bringing water into any por- 
 tion of the mines they shall have the right of way secured to 
 them, and may pass over any claim, road, ditch or other struc- 
 ture ; provided, the water be guarded so as not to interfere with 
 prior rights. 
 
 Sec. 4213. When Party May Mine Under Buildings. Sec. 22. 
 No person shall have the right to mine under any building or 
 other improvement unless he shall first secure the parties own- 
 ing the same against all damages, except by priority of right. 
 
 Sec. 4214. Flooding Washing Down Tailings Liability. 
 Sec. 23. In no case shall any person or persons be allowed to 
 flood the property of another person with water, or wash down 
 the tailings of his or their sluice upon the claim or property of 
 other persons, but it shall be the duty of every miner to take 
 care of his own tailings, upon his own property, or become re- 
 sponsible for all damage that may arise therefrom. 
 
 Sec. 4215. Right of Way for Hauling Quartz. Sec. 24. 
 Every miner shall have the right of way across any. and all 
 claims for the purpose of hauling quartz from his claim. 
 
 Sec. 4216. Right of Way for Ditch or Flum,e Condemna- 
 tion. Sec. 25. All mining claims now located or which may be 
 hereafter located, shall be subject to the right of way of any 
 ditch or flume for mining purposes, or of any tramway or pack 
 trail, whether now in use or which may be hereafter laid out 
 across any such location; provided, always, that such right of 
 way shall not be exercised against any location duly made and 
 recorded, and not abandoned prior to the establishment of the 
 ditch, flume, tramway or pack trail, without consent of the 
 owner, except by condemnation, as in case of land taken for 
 public highways. Parol consent to the location of any such 
 easement accompanied by the completion of the same over the 
 claim shall be sufficient without writings; and, provided fur- 
 ther, that such ditch or flume shall be so constructed that the 
 
94 MINING LAWS OF COLORADO 
 
 water from such ditch or flume shall not injure vested rights 
 by flooding or otherwise. 
 
 Sec. 4217. Security for Mining Under Surface Injunction 
 Bond. Sec. 26. When the right to mine is in any case separate 
 from the ownership or right of occupancy to the surface, the 
 owner or rightful occupant of the surface may demand satis- 
 factory security from the miner, and if it be refused may en- 
 join such miner from working until such security is given. The 
 order for injunction shall fix the amount of bond. 
 
 Survey. 
 
 Sec. 4218. Survey By Order of Court Notice Mode Affi- 
 davit. Sec. 27. In all actions pending in any district court of 
 this state, wherein title or right of possession to any mining 
 claim shall be in dispute, the said court, or the judge thereof, 
 may upon application of any of the parties to such suit, enter 
 an order for the underground, as well as surface survey, of such 
 part of the property in dispute as may be necessary to a just 
 determination of the question involved. Such order shall desig- 
 nate some competent surveyor, not related to any of the parties 
 in such suit, or in any wise interested in the result of the same ; 
 and upon the application of the party adverse to such applica- 
 tion the court may also appoint some competent surveyor to be 
 selected by such adverse applicant, whose duty it shall be to 
 attend upon such survey and observe the method of making the 
 same ; said second surveyor to be at the cost of the party asking 
 therefor. It shall also be lawful in such order to specify the 
 names of witnesses named by either party, not exceeding three 
 on each side, to examine such property, who shall hereupon 
 be allowed to enter into such property and examine the same. 
 Said court, or the judge thereof, may also cause the removal of 
 any rock, debris or other obstacles in any of the drifts or shafts 
 of said property, when such removal is shown to be necessary 
 to a just determination of the question involved; provided, 
 however, that no such order shall be made for survey and in- 
 spection except in open court or in chambers, upon notice of ap- 
 plication of such order of at least six days, and not then except 
 by agreement of parties, or upon the affidavit of two or more 
 persons, that such survey and inspection is necessary to the just 
 determination of the suit, which affidavit shall state the facts 
 in such case, and wherein the necessity for survey exists, nor 
 shall such order be made unless it appears that the party asking 
 therefor had been refused the privilege of survey and inspec- 
 tion by the adverse party. 
 
 4219. Recovery of Value of Ore Wrongfully Taken Evi- 
 dence Damages. Sec. 28. In trials for the recovery of the 
 value of ore or mineral wrongfully mined and extracted, if 
 plaintiff shows himself entitled to recover, provided he had the 
 
MINING LAWS OF COLOBADO 95 
 
 rightful possession of the ground from which the ore was taken 
 at the time the action was brought or tried, the fact defendant 
 may have been in possession either actual or constructive, when 
 the case was tried, such fact shall not deprive plaintiff from re- 
 covering damages for the value of the ore or mineral mined 
 and extracted according to the rules of law pertaining to the 
 trials of actions of that character. But for the purpose of the 
 action plaintiff shall be deemed and held to be in possession of 
 all the ground, drifts, stopes, openings and premises from which 
 the ore was taken. Although he may not be able to reach such 
 ground from his own openings and workings. The rule of law 
 that plaintiff can recover nominal or six cents damages for the 
 first entry, and then wait until he obtains actual possession of 
 the ground from which the ore was taken, and then bring 
 another action for the value of the ore or mineral so mined and 
 taken, shall not be observed nor applied to defeat, in the first 
 action, the recovery of the value of the ore or mineral so wrong- 
 fully mined and taken. 
 
 4220. Association to Seize Property Threats Evidence 
 Penalty. Sec. 29. In all cases when two or more persons shall 
 associate themselves together for the purpose of obtaining pos- 
 session of any lode, gulch or placer claim, then in the actual 
 possession of another, by force or violence or threats of vio- 
 lence, or by stealth, and shall proceed to carry out such pur- 
 pose by making threats against the party or parties in posses- 
 sion, or who shall enter upon such lode or mining claim for the 
 purpose aforesaid, or who shall enter upon or into any lode, 
 gulch, placer claim, quartz mill, or other mining property, or 
 not being upon such property, but within hearing of the same, 
 shall make any threats, or make use of any language, signs or 
 gestures calculated to intimidate any person or persons at work 
 on said property from continuing to work thereon or therein, 
 or to intimidate others from engaging to work thereon or there- 
 in, every such person so offending shall, on conviction thereof, 
 be fined in a sum not to exceed two hundred and fifty dollars, 
 and be imprisoned in the county jail not less than thirty days 
 nor more than six months, such fine to be discharged either by 
 payment or by confinement in said jail until such fine is dis- 
 charged at the rate of two dollars and fifty cents per day. On 
 trials under this section, proof of a common purpose of two or 
 more persons to obtain possession of property as aforesaid, 
 or to intimidate laborers as above set forth, accompanied or 
 followed by any of the acts above specified by any of them, 
 shall be sufficient evidence to convict anyone committing such 
 acts, although the parties may not be associated together at the 
 time of committing the same. 
 
 Sec. 4221. Killing in Attempt to Enter By Force Murder- 
 Aiding. Sec. 30. If any person or persons shall associate and 
 
96 MINING LAWS OF COLORADO 
 
 agree to enter or attempt to enter by force of numbers, and the 
 terror such numbers is calculated to inspire, or by force and vio- 
 lence, or by threats of violence, against any person or persons 
 in the actual possession of any lode, gulch or placer claim, upon 
 or into such lode, gulch or placer claim, and upon such entry or 
 attempted entry, any person or persons shall be killed, said per- 
 sons, and all and each of them, so entering or attempting to 
 enter, shall be deemed guilty of murder in the first degree, and 
 punished accordingly. Upon the trials of such cases any person 
 or parties cognizant of such entry, or attempted entry, who 
 shall either be present, aiding and assisting, or shall by promise 
 of money, property, influence, assistance or other thing of value, 
 in anywise encourage such entry, or attempted entry, shall be 
 deemed a principal in the commission of said offense. 
 
 Sec. 4222. Unauthorized Removal of Trees a Misdemeanor. 
 Sec. 31. Whoever shall cut down and remove, or shall cut down 
 with a view to remove, or with a view to permitting or pro- 
 curing another to remove, or, finding cut or blown down, shall 
 remove any tree or timber standing, growing or being upon any 
 mining claim or mill site of another, without the consent of the 
 owner or holder of such mining claim or mill site, shall be 
 deemed guilty of a misdemeanor. 
 
 Sec. 4223. Unlawful Removal of Cabins a Misdemeanor. Sec. 
 32. Whoever shall tear down and remove, or shall tear down 
 with a view to remove or with a view to permitting or procuring 
 another to remove, or, finding torn down in whole or in part, 
 shall remove or cause to be removed, any house, cabin or stable, 
 ore house or other building standing or being upon any mining 
 claim or mill site of another, without the consent of the owner 
 or holder of such mining claim or mill site, shall be deemed 
 guilty of a misdemeanor. 
 
 See. 4224. Who is Deemed Owner. Sec. 33. No person shall 
 be deemed the owner or holder of a mining claim or mill site, 
 as mentioned in the first and second of a mining claim or mill 
 site, as mentioned in the first and second sections of this act, 
 where such mining claim or mill site is not held by patent title, 
 or where such mining claim or mill site has not been entered 
 for patent, unless such mining claim or mill site has been lo- 
 cated, claimed and held in good faith, and is, at the time of the 
 alleged offense, so claimed and held under the laws of the 
 United States, the state of Colorado and the local rules and cus- 
 toms of miners in the district where such property is situate. 
 
 Sec. 4225. Penalty for Wrongfully Removal of Trees or 
 Cabin. Sec. 34. Whoever shall be convicted of violation of any 
 of the provisions of this act shall be punished by a fine of not 
 less than ten dollars nor more than five hundred dollars, or by 
 imprisonment in the county jail for a period of not less than 
 
MINING LAWS OF COLOEADO 97 
 
 ten days nor more than six months, or by both such fine and im- 
 prisonment, in the discretion of the court. 
 
 4226. Owners of Contiguous Mines Common Influx of 
 Water. Sec. 35. Whenever contiguous or adjacent mines upon 
 the same or upon separate lodes, have a common ingress of 
 water, or from subterraneous communication of the water, have 
 a common drainage, it shall be the duty of the owners, lessees 
 or occupants of each mine so related, to provide for their pro- 
 portionate share of the drainage thereof. 
 
 4227. All Parties Pay in Proportion. Sec. 36. Any par- 
 ties so related, failing to provide as aforesaid for the drainage 
 of the mines owned or occupied by them, thereby imposing an 
 unjust burden upon neighboring mines, whether owned or oc- 
 cupied by them, shall pay respectively to those performing the 
 work of drainage their proportion of the actual and necessary 
 cost and expense of doing such drainage, to be recovered by an 
 action in an.y court of competent jurisdiction. 
 
 4228. Incorporating to Drain Mines. Sec. 37. It shall be 
 lawful for mining corporations or companies, and all indivi- 
 duals engaged in mining, having thus a common interest in 
 draining such mines to unite for the purpose of effecting the 
 same under such common name and upon such terms and con- 
 ditions as may be agreed upon; and every such association, 
 having filed a certificate of incorporation, as provided by law, 
 shall be deemed a corporation with all the rights, incidents, 
 and liabilities of a body corporate, so far as the same may be 
 applicable. 
 
 4229. Refusal to Co-operate Notice Liability. Sec. 38. 
 Failing to mutually agree as indicated in the preceding section 
 for drainage, jointly, one or more of the said parties may under- 
 take the work of drainage, after giving reasonable notice ; and 
 should the remaining parties then fail, neglect or refuse to unite 
 in equitable arrangements for doing the work, or sharing the 
 expense thereof, they shall be subject to an action therefor as 
 already specified, to be enforced in any court of competent 
 jurisdiction. 
 
 Sec. 4230. Action to Recover Order for Inspection Notice. 
 Sec. 39. When an action is commenced to recover the cost and 
 expenses for draining a lode or mine, it shall be lawful for the 
 plaintiff to apply to the court, if in session, or to the judge 
 thereof in vacation, for an order to inspect and examine the 
 lodes or mines claimed to have been drained by the plaintiff; 
 or someone for him shall make affidavit that such inspection or 
 examination is necessary for a proper preparation of the case 
 for trial. The court or judge shall grant an order for the un- 
 derground inspection and examination of the lode or mines 
 described in the petition. Such order shall designate the num- 
 ber of persons, not exceeding three, besides the plaintiff or his 
 
98 MINING LAWS OF COLORADO 
 
 representative, to examine and inspect such lode and mines, 
 and take the measurements thereof, relating the amount of 
 water drained from the lode or mine, or the number of fathoms 
 of ground mined and worked out of the lode or mine claimed 
 to have been drained, the cost of such examination and inspec- 
 tion to be borne by the party applying therefor. The court or 
 judge shall have power to cause the removal of any rock, debris, 
 or other obstacles in any lode or vein, when such removal is 
 shown to be necessary to a just determination of the question 
 involved; provided, that no such order for inspection and ex- 
 amination shall be made except in open court or at chambers, 
 upon notice of application for such order of at least three days, 
 and not then except by agreement of parties, nor unless it ap- 
 pears that the plaintiff has been refused the privilege of mak- 
 ing the inspection and examination by the defendant, his or 
 their agent. 
 
 Sec. 4231. Right to the Use of Water Hoisted. Sec. 40. That 
 hereafter when any person or persons, or corporation shall be 
 engaged in mining or milling, and in the prosecution of such 
 business shall hoist or raise water from mines or natural chan- 
 nels, and the same shall flow away from the premises of such 
 persons or corporations to any natural channel or gulch, the 
 sam.e shall be considered beyond the control of the party so 
 hoisting or raising the same, and may be taken and used by 
 other parties the same as that of natural water courses. 
 
 4232. Liability for Flow of Water Hoisted. Sec. 41. After 
 any such water shall have been so raised and the same shall 
 have flown into any such natural channel, gulch, or draw, the 
 party so hoisting or raising the same shall only be liable for in- 
 jury caused thereby ; in the same manner as riparian owners 
 along natural water courses. 
 
 4233. This Act Applies Only to Opened Mines. Sec. 42. 
 The provisions of this act shall not be considered to apply to in- 
 cipient or undeveloped mines, but to those only which shall 
 have been opened, and shall clearly derive a benefit from being 
 drained. 
 
 Sec. 4234. Evidence to Be Considered By Court. Sec. 43. In 
 trial of cases arising under this act the court shall admit evi- 
 dence of the normal stand or position of the water while at rest 
 in an idle mine, also the observed prevalence of a common water 
 level or a standing water line in the same or separate lodes; 
 also the effect (if any), the elevating or depressing the water 
 by natural or mechanical means in any given lode, has upon 
 elevating or depressing the water in the same, contiguous or 
 separate lodes or mine ; also the effect which draining or ceasing 
 to drain any given lode or mine had upon the water in the same 
 or contiguous or separate lodes or mines, and all other evi- 
 
MINING LAWS OF COLORADO 99 
 
 dence which tends to prove the common ingress or subterran- 
 eous communication of water into the same lode or mine, or con- 
 tiguous or separate lodes or mines. 
 
 MINE DRAINAGE DISTRICTS. 
 
 The act of 1911 (page 508 Colorado Session Laws of 1911) 
 provides for the formation of mine drainage districts and laws 
 governing same. 
 
 ORE BUYERS. 
 
 Sections 4235 to 4258 Revised Statutes of Colorado, and The 
 Act of April 12, 1915 (page 350, 1915 Session Laws) regulates 
 the business of ore buying and ore buyers in Colorado Too 
 long for this book, and not connected with locating and ac- 
 quiring title to mining claims. 
 
 STATE LANDS. 
 R. S. 1908. 
 
 Sec. 5175. Lease of Lands Disposition of Rentals Mining 
 Leases. Sec. 56. The state board of land commissioners may 
 lease any portion of the land of the state, at a rental to be de- 
 termined upon after an examination of the land by an appraiser, 
 except as hereinafter provided. The lessee shall pay the an- 
 nual rental of the state land board, who shall receipt for the 
 same in the lease. Upon receiving such annual rental, the state 
 board shall immediately transmit the same to the state treas- 
 urer and take his receipt therefor. If stone, coal, coal oil, gas 
 or other mineral not herein mentioned, be found upon the state 
 land, such land may be leased for the purpose of obtaining 
 therefrom the stone, coal, coal oil, gas or other mineral, for 
 such length of time, and conditioned upon the payment to the 
 state board of such royalty upon the product as the state board 
 of land commissioners may determine. Provided, further, that 
 the lessee, within a reasonable time, as determined by the state 
 board of land commissioners, shall develop such land and en- 
 gage in actual mining and operation of said lease. Failure to 
 do so shall constitute valid cause for cancellation of said lease. 
 S. L. '09, p. 504. 
 
 Sec. 5215. Mining Location on State Lands. Sec. 96. Lo- 
 cations of mineral claims not exceeding three hundred feet wide 
 and fifteen hundred feet long each way, may be made upon un- 
 leased lands belonging to the state of Colorado, as hereinafter 
 provided. The discoverer of a body of mineral, in either a lead, 
 lode, ledge, deposit, vein or contact, shall immediately post con- 
 
100 MINING LAWS OF COLORADO 
 
 spicuously a notice declaring that he has made such discovery 
 on the date attached to said notice. The locator shall be al- 
 lowed ninety days from such date in which to perform assess- 
 ment work by shaft or tunnel, which assessment work shall not 
 be at a less cost than one hundred dollars in each year, and to 
 survey and set the corner posts of said claim, and to file a cer- 
 tificate of location with the register of the state board of land 
 commissioners, which certificate shall be recorded in said office, 
 and an entry made upon the plat and tract books of such loca- 
 tion; such procedure shall empower the locator to retain pos- 
 session of and operate said claim for a period of one year, at the 
 end of which time he shall be required to purchase said claim 
 or take a lease upon such terms as may be agreed upon by the 
 state board of land commissioners. Should the locator elect to 
 purchase said claim, it shall not be sold at less than ten (10) 
 dollars per acre. 
 
 Sec. 5216. State Patent to Mining Claims. Sec. 97. Before 
 any locator will be allowed to purchase the claim located by 
 him, satisfactory proof must be submitted to the state board of 
 land commissioners that said section is more valuable for min- 
 eral purposes than for any other purpose, and that the mining 
 claim for which patent applied, contains a body of mineral in 
 place of sufficient value to justify the operation of same as 
 merchantable product; provided, that filing shall not be ac- 
 cepted upon coal, oil or stone lands. 
 Note. 
 
 Many thousands of acres of mineral land have been patented 
 by the United States to Colorado. The State Board of Land 
 Commissioners (Denver, Colorado) will furnish to applicants, 
 full information concerning their rules and requirements for 
 leasing Colorado State Mineral Lands. 
 Public Lands. 
 
 Sec. 5134. Mining Under Claim Bond Damages. Sec. 15. 
 Whenever any improvements may be made upon any claim held 
 or used for arable or pastoral agriculture, or upon any building 
 lot, mill site or other lot or p-romises, and any person or persons 
 shall demand of the claimant thereof to mine any portion of 
 said claim, upon which some improvements may have been 
 made, it shall be lawful for the occupant or holder of such claim 
 to require a good and sufficient bond, in a sum double the value 
 of the improvements upon the land sought to be mined, from 
 the party or parties demanding to mine upon such claim, with 
 two or more sureties, to be approved by any justice of the peace 
 of the township in which the claim is situate, conditioned that 
 the said party or parties shall pay all damage which may be 
 sustained by the occupant or holder of such claim, to the im- 
 provements thereon. 
 
MINING LAWS OF COLOEADO 101 
 
 Sec. 5135. Assessment of Damage to Improvements. Sec. 16. 
 It shall be the duty of the said justice of the peace, by whom 
 the bond is required to be approved, as is above recited, in case 
 the value of the improvements cannot be agreed upon by the 
 claimant and the party or parties seeking to mine, to appoint 
 a day and hour to hear testimony respecting the value of the 
 improvements which may be damaged by reason of such min- 
 ing. 
 
 Sec. 5136. Justification of Sureties. Sec. 17. It shall be the 
 duty of the justice to require the sureties entering into such 
 bond as is above required, to justify before him, each in the 
 sum stated in said bond ; and if the claimant shall except to 
 said sureties, or either of them, it shall be lawful for said jus- 
 tice, and he is hereby required to examine said surety or sure- 
 ties excepted to on oath, touching the sufficiency of said surety 
 or sureties ; and if the justice shall find either or both of said 
 sureties insufficient, it shall be the duty of the justice to require 
 further sufficient surety or sureties, which shall be likewise ap- 
 proved, and shall justify as is above required. 
 
 Sec. 5137. Weekly Demand of Damages. Sec. 18. It shall 
 be competent for said claimant to demand from the obligees in 
 said bond, at any time after one week after mining shall be com- 
 menced on said claim, such sum as may be equal to the damage 
 done the improvements thereon, and after every week it shall be 
 competent for said claimant to make the like demand, unless 
 the payment of the damage done or to be done said improve- 
 ments, shall by the claimant be postponed for a longer time. 
 
 EMINENT DOMAIN. 
 
 For what purposes Mining Companies and others have the 
 right of Eminent Domain see Sections 2435 to 2450 and Section 
 2464, Statutes of Colorado of 1908. 
 
 MINING CORPORATIONS. 
 
 The laws of Colorado governing the formation of corpora- 
 tions for mining and other purposes can be found in Sections 
 975 to 983, Act of April 12, 1915 (page 173, 1915 Session Laws). 
 Act of 1911 (page 254, 1911 Session Laws). Act of April 5, 
 1913 (page 222, 1913 Session Laws), and as to annual License 
 Taxes required of corporations, Sections 5595 to 5601, Revised 
 Statutes. These laws are too long for this book and do not 
 strictly affect locating and operating mining claims, but per- 
 tain to incorporating of companies. 
 
 PAY DAYS. 
 
 Sections 6981, 6982, and 6983, Revised Statutes of Colorado, 
 provide that corporations must pay their employees every fif- 
 
102 MINING LAWS OF COLORADO 
 
 teen days in money or checks payable on presentation and must 
 pay employees in full at time of discharge. 
 
 TAXATION. 
 
 Sections 5575, 5576, 5618 to 5627, 5778, Revised Statutes and 
 Act of April 7th, 1915 (page 399 of 1915 Session Laws) provide 
 for assessment and taxation of mining claims and ores there- 
 from. 
 
 ORE THIEVES. 
 
 S. L. 1909, P. 451. 
 
 Section 1. If any person shall take, remove or conceal any 
 ore, or mineral, or precipitates, or concentrates, or other min- 
 eral bearing substance, from any sampler, smelter, concentrat- 
 ing mill, chlorination mill, cyanide mill, or other reduction 
 works, with the intent to steal the same or to defraud the owner 
 thereof, such person shall be deemed guilty of grand larceny, 
 and upon conviction shall be punished as for grand larceny. 
 
 Sec. 2. All acts and parts of acts in conflict with this act are 
 hereby repealed. 
 
 Approved May 5, 1909. 
 
 ORE STEALING. 
 
 S. L. 1911, P. 534. 
 
 Section 1. If any person shall break, sever or separate with 
 intent to steal, ore or mineral from any mine, lode, ledge or de- 
 posit in this state, or shall take, remove or conceal ore or min- 
 eral from any mine, lode, ledge, deposit or dump, with intent to 
 defraud the owner or owners, lessee or licensee, or any tenant 
 in possession of any mine, lode, ledge, deposit or dump, or any 
 person in possession and claiming under color of title any mine, 
 lode, ledge, deposit or dump, and such ore or mineral shall be of 
 the value of twenty dollars ($20.00) or more, such person shall 
 be deemed guilty of grand larceny and upon conviction shall be 
 punished for grand larceny. 
 
 Sec. 2. And if such ore or mineral shall be of the value of 
 less than twenty dollars ($20.00) such person shall be deemed 
 guilty of petit larceny and upon conviction shall be punished 
 by a fine of not more than three hundred dollars ($300.00) or 
 imprisonment in the county jail for a term not to exceed six 
 months, or by both such fine and imprisonment. 
 
 Sec. 3. Section 1680 of the Eevised Statutes of Colorado of 
 1908 and all acts and parts of acts in conflict with this act are 
 hereby repealed. 
 
 Approved May 29th, 1911. 
 
MINING LAWS OF COLORADO 103 
 
 CHANGING ORE VALUES. 
 
 Sec. 1863. Mingling Base Matter With Ore Penalty. Sec. 
 256. That every person who shall mingle or cause to be mingled 
 with any sample of gold or silver-bearing ore, any valuable 
 metal or substance whatever that will increase or in any way 
 change the value of said ore, with the intent to deceive, cheat 
 or defraud any person or persons, shall, on conviction thereof, 
 be punished by a fine of not less than five hundred nor more 
 than one thousand dollars, or by confinement in the peniten- 
 tiary for a term of not less than one nor more than fourteen 
 years, or by both such fine and imprisonment. 
 
 MECHANICS LIENS. 
 
 S. L. 1915, P. 332. 
 
 Sec. 4028. The provisions of this Act shall apply to all per- 
 sons who shall do work or shall furnish materials or mining, 
 milling or other machinery or other fixtures, as provided in 
 Section 1 of this Act, for the working, preservation, prospect- 
 ing or development of any mine, lode or mining claim or deposit 
 yielding metals or minerals of any kind or for the working, 
 preservation or development of any such mine, lode or deposit, 
 in search of any such metals or minerals; and to all persons 
 who shall do work upon pr furnish materials, mining, milling 
 and other machinery or other fixtures, as provided in Section 
 1 of this Act, upon, in or for any shaft, tunnel, mill or tunnel 
 site, incline, adit, drift or any draining or other improvement 
 of or upon any such mine, lode, deposit or tunnel site ; and to 
 every miner or other person, who shall do work upon or fur- 
 nish any coal, power, provisions, timber, powder, rope, nails, 
 candles, fuse, caps, rails, spikes, or iron, or other materials 
 whatever, as provided in Section 1 of this Act, upon any mine, 
 lode, deposit, mill or tunnel site; Provided, that when two or 
 more lodes, mines or deposits owned or claimed by the same 
 person or persons shall be worked through a common shaft, 
 tunnel, incline, adit, drift or other excavation, then all the 
 mines, mining claims, lodes, deposits and tunnel and mill sites 
 so owned and worked or developed shall, for the purpose of this 
 Act, be deemed one mine ; and Provided further, that this sec- 
 tion shall not be deemed to apply to the owner or owners of 
 any mine, lode, mining claim, deposit, mill or tunnel, where the 
 work or labor shall have been performed for, or the materials 
 furnished to, a lessee, or lessees. Section 1 as herein referred 
 to is Section 4025 of the Revised Statutes of Colorado, 1908. 
 
 Sec. 4034. No lien claimed by virtue of this Act shall hold 
 the property longer than six months after the last work or labor 
 is performed, or materials furnished, or after the completion of 
 
104 MINING LAWS OP COLORADO 
 
 the building, structure or other improvement, or the completion 
 of the alteration, addition to, or repair thereof, as prescribed in 
 Section 4033 of the Revised Statutes of Colorado, 1908, unless 
 an action shall be commenced within that time to enforce the 
 same and a notice of lis pendens shall be filed for record within 
 that time in the office of the Clerk and Recorder of the County 
 in which said land is situate ; Provided, that where two or more 
 liens are claimed of record against the same premises or prop- 
 erty, the commencement of any action and the filing of the lis 
 pendens-notice aforesaid, within that time by any one or more 
 of such lien claimants in which action or actions all the lien 
 claimants, as appear of record, are made parties, either plain- 
 tiff or defendant, shall be sufficient. 
 Approved April 3, 1915. 
 
 HOURS OF LABOR FOR MINERS. 
 
 Session Laws 1913, P. 305. 
 
 Section 1. Employment in all underground mines, under- 
 ground workings, open cut workings, open pit workings, smel- 
 ters, reduction works, stamp mills, concentrating mills, chlori- 
 nation processes, cyanide processes and coke ovens, is hereby 
 declared to be injurious to health and dangerous to life and 
 limb. 
 
 Sec. 2. That the period of employment of men working in 
 all underground mines, underground workings, open cut work- 
 ings, open pit workings, smelters, reduction works, stamp mills, 
 concentrating mills, chlorination processes, cyanide processes 
 and coke ovens shall not exceed eight (8) hours within any 
 twenty-four (24) hours except in cases of emergency where life 
 or property is in imminent danger. 
 
 Sec. 3. Any person, persons, body corporate, general man- 
 ager or employer who shall violate or cause to be violated 
 any of the provisions of this act, shall be deemed guilty of a 
 misdemeanor and upon conviction thereof shall be punished by 
 a fine of not less than two hundred and fifty ($250), or more 
 than five hundred dollars ($500), or by imprisonment in the 
 county jail not less than ninety (90) days nor more than six (6) 
 months or by both such fine and imprisonment. Every day's 
 violation of the provisions of this act shall constitute a separate 
 offense. 
 
 MISCELLANEOUS. 
 
 Sec. 3. Employment of Children in Mines. It shall be un- 
 lawful for any person, firm or corporation to take, receive, hire 
 or employ any child or children under sixteen years of age iu 
 
MINING LAWS OF COLORADO 105 
 
 any underground works or mine, in or about the surface work- 
 ings thereof, or in any smelter. (Chap. 95, S. L., 1911, p. 234.) 
 
 Sec. 1899. Destroying Land Marks Penalty Abandoned 
 Property. Sec. 292. That if any person or persons shall will- 
 fully and maliciously deface, remove, pull down, injure or des- 
 troy any location stake, side-post, corner-post, landmark or 
 monument, or any other legal land boundary monument in this 
 state designating or intending to designate, the location, boun- 
 dary or name of any mining claim, lode or vein of mineral or 
 the name of the discoverer, or date of discovery thereof, the 
 person or persons so offending shall be guilty of a misdemeanor, 
 and on conviction thereof shall be fined not more than one thou- 
 sand dollars, or imprisoned not more than one year, at the dis- 
 cretion of the court; Provided, that this act shall not apply to 
 abandoned property. 
 
 Sec. 1900. Penalty for Removing Guard Around Shaft. Sec. 
 293. That if any person, or persons, shall unlawfully cut down, 
 break down, level, demolish, destroy, remove or carry away, 
 any fence erected around, or covering, erected or placed over 
 any shaft, pit, or hole, upon any mining claim, ground, prem- 
 ises, or upon the public lands in the State of Colorado, or re- 
 move the timber from any mining shaft, incline or tunnel, the 
 person or persons so effending shall be guilty of a misdemeanor, 
 and on convection thereof, shall be fined in a sum not less than 
 fifty dollars, nor more than one thousand dollars, or imprisoned 
 for not less than thirty days, nor more than one year, or by 
 both fine and imprisonment, in the discretion of the court. 
 
 Sec. 2820. Pollution of Waters Containing Pish. Sec. 96. 
 No sawdust, tailings or other deleterious or poisonous substance 
 shall be allowed to run or pass into or pollute any public waters 
 containing fish, or deposited or left where it may be carried by 
 natural causes into such waters, in such quantities as to destroy 
 or be detrimental to the fish or spawn therein, except as herein- 
 after provided. 
 
 Sec. 2821. Dam, etc., Operating in Violation of Act a Public 
 Nuisance. Sec. 97. Every dam or other artificial obstruction, 
 every placer mine, mill, reduction plant or other industrial en- 
 terprise, constructed, maintained or operated in violation of 
 this act, is hereby declared unlawful and a continuing public 
 nuisance and the same may be enjoined or abated or its ob- 
 jectionable features modified as hereinafter provided, and the 
 person constructing, maintaining or operating the same pun- 
 ished as for violation of this act, and every day the same is so 
 maintained or operated shall be deemed a separate offense. 
 
 BUREAU OF MINES. 
 
 Sections 4259 to 4306 Provide for the establishment of "The 
 
106 MINING LAWS OF COLORADO 
 
 Bureau of Mines of the State of Colorado," for a "Commis- 
 sioner of Mines," prescribes the purposes of the Bureau, the 
 appointment, qualification and duties of the Commissioner and 
 his deputies, divides the state into four metalliferous mining 
 districts. These sections also provide for collection of speci- 
 mens and data, inspection of mines, safety of machinery and 
 workings, storing of explosives, code of signals, fire protection, 
 and safeguards and penalties for failure to observe these laws. 
 
 MINE REGULATIONS. 
 
 As these change so often, write Bureau of Mines, Denver, 
 Colorado, for the same. 
 
 WORKMAN'S COMPENSATION. 
 
 As these regulations change so often, write to State Compen- 
 sation Insurance Fund, Denver, Colorado, for latest regula- 
 tions. 
 
 LOCATION NOTICE LODE CLAIM. 
 
 For this form use the same as given for Arizona. 
 
 LOCATION NOTICE PLACER CLAIM. 
 
 For this form use the same as given for Arizona. 
 
 DIAGRAM OF LODE CLAIM. 
 
 See end of Arizona Laws. 
 
LEAHY 
 
 OIL BURNERS 
 
 EFFICIENCY 
 
 USED BY SEVERAL NOTED MINES 
 
 OIL BURNERS 
 FOR ALL PURPOSES 
 
 Write for Literature, stating your conditions. 
 
 LEAHY MANUFACTURING 
 COMPANY 
 
 1804-1810 E. EIGHTH ST. LOS ANGELES, CAL. 
 
IDAHO MINING LAWS 
 
 (See also U. S. Mining Laws.) 
 LOCATION OF LODE MINING CLAIMS. 
 
 Dimensions of Lode Claims. 
 
 Sec. 3206. Mining claims hereafter located upon veins or 
 lodes of quartz, or other rock in place bearing any of the met- 
 als or valuable deposits mentioned in Section 2320 of the Re- 
 vised Statutes of the United States, may extend to three hun- 
 dred feet on each side of the middle of the vein or lode : Pro- 
 vided, That when the locators have set stakes, posts or monu- 
 ments described in the following section, to indicate the line of 
 the vein, ledge or lode, such stakes, posts or monuments must 
 be taken, for the purpose of such location, to mark correctly 
 the line thereof, and such line must not afterwards be changed 
 so as to affect rights acquired, or interfere with any locations 
 made, subsequent thereto. 
 
 Location Monument and Notice. 
 
 Sec. 3207. The locator, at the time of making the discovery 
 of such vein or lode, must erect a monument at such place of 
 discovery, upon which he must place his name, the name of the 
 claim, the date of discovery and distance claimed along the 
 vein each way from such monument. Within ten days from the 
 date of discovery, he must mark the boundaries of his claim 
 by establishing at each corner thereof and at any angle in the 
 side lines, a monument, marked with the name of the claim 
 and the corner or angle it represents ; also at the time of so 
 marking his boundaries, he must post at his discovery monu- 
 ment his notice of location in which must be stated : First, the 
 name of the locator ; second, the name of the claim ; third, the 
 date of discovery; fourth, the direction and distance claimed 
 along the ledge from the discovery; fifth, the distance claimed 
 on each side of the middle of the ledge ; sixth, the distance and 
 direction from the discovery monument to such natural object 
 or permanent monument, if any such there be, as will fix and 
 describe in the notice itself the location of the claim, and sev- 
 enth, the name of the mining district, county and State. When 
 from any cause, a monument can not be safely planted at the 
 true corner or angle, it may be placed as near thereto as prac- 
 ticable, and so marked as to indicate the place of such corner 
 or angle. Monuments may be made of any such material or 
 form as will readily give notice, and when of posts or trees, 
 they must be hewn and marked upon the side facing towards 
 the discovery, and must be at least four inches square or in 
 
MINING LAWS OF IDAHO 109 
 
 diameter. Monuments must be at least four feet high above 
 the ground, and trees must be so hewn as to readily attract 
 attention. At the time the locator so marks the boundaries of 
 his claim, he may do so in any direction that will not interfere 
 with rights or claims which existed prior to his discovery. 
 
 Shaft Must Be Sunk. 
 
 Sec. 3208. Within sixty days after such location, the locator 
 or his assigns must sink a shaft upon the lode to the depth of 
 at least ten feet from the lowest part of the rim of such shaft 
 to the surface, and of not less than sixteen square feet area. 
 Any excavation which shall cut such vein ten feet from the 
 lowest part of the rim of such shaft and which shall measure 
 one hundred and sixty cubic feet in extent shall be considered 
 a compliance with this provision. Any located claim upon 
 which work has been done in compliance with the above re- 
 quirements is not, unless abandoned, subject to relocation for 
 a period of ninety days from and after the date of location. 
 
 Notice Must Be Recorded. 
 
 Sec. 3209. Within ninety days after the location of the claim 
 the locator or his assigns must file for record in the office of 
 the county recorder of the county, or of the deputy recorder 
 of the mining district in which the claim is situated, a sub- 
 stantial copy of his notice of location. 
 
 Record of Additional Certificate. 
 
 Sec. 3210. If at any time the locator of any mining claim 
 heretofore 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 the surface boundaries, 
 or of taking 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 chapter, such locator or his assigns may file 
 an additional certificate subject to the conditions of this chap- 
 ter, and to contain all that this chapter requires an original 
 certificate to contain: Provided, That such amended location 
 does not interfere with the existing rights of others at the time 
 when such amendment is made. 
 
 Affidavit of Performance of Labor. 
 
 Session Laws 1913, page 308, (H. B. 225.) 
 
 Sec. 3211. Within sixty days after any time set or period 
 allowed for the performance of labor, or making improvements 
 upon any lode or placer claim, the person in whose behalf such 
 work or improvement is performed, or some person for him, 
 must make and record an affidavit in substance as follows: 
 
110 MINING LAWS OF IDAHO 
 
 State of Idaho, County , ss. 
 
 Before me the subscribed, personally appeared 
 
 who being first duly sworn says that at least 
 
 dollars worth of work or improvements were performed or 
 
 made upon claim, situate in mining 
 
 district, county of , State of Idaho : That such 
 
 expenditure was made by, for, or at the expense of 
 
 owner of said claim, for the purpose of holding said claim; all 
 stakes, monuments or trees marking boundaries of said claim 
 are in proper place and positions. 
 
 Subscribed and sworn to before me this. . . .day of ... .19. ... 
 
 The fee for administering the oath and recording the fore- 
 going affidavit, when taken before any county recorder or dep- 
 uty mineral recorder, shall be fifty cents; Provided, however, 
 That any number of claims in the same mining district belong 
 ing to the same person or persons, association or corporation 
 may be included in one affidavit without the additional charge ; 
 the fee for recording the same when the oath is taken before 
 any other officer authorized to administer oaths shall be fifty 
 cents. 
 
 Such affidavit, or a certified copy thereof in case the origi- 
 nal is lost, shall be prima facie evidence of the performance of 
 such labor. The failure to file such affidavit shall be consid- 
 ered prima facie evidence that such labor has not been done. 
 
 Location of Abandoned Claims. 
 
 Sec. 3212. The location of abandoned claims shall be done 
 in the same manner as if the location were of a new claim; 
 but the locator may, instead of sinking a new discovery shaft, 
 sink the original discovery shaft ten feet deeper than it was 
 at the time of his location, or he may drive the open cut, or 
 tunnel ten feet further along the course of the lead, lode or 
 vein, and must erect new posts or monuments. 
 
 Notice Must Claim Only One Location. 
 
 Sec. 3213. No location notice shall claim more than one lo- 
 cation, whether the location is made by one or several locat- 
 ors, and if it purport to claim more than one location it is abso- 
 lutely void. 
 
 Security to Surface Owners: Injunction. 
 
 Sec* 3214. When the right to mine is in any case separate 
 from the ownership or right of occupancy of the surface 
 ground, the owners or rightful occupants of the surface ground 
 may demand satisfactory security from the miners, and if it 
 be refused or not given, may enjoin such miners from working 
 such ground until such security is given. The court granting 
 the writ of injunction shall fix the amount and nature of the 
 security. 
 
MINING LAWS OF IDAHO 111 
 
 Appointment of Deputy Recorders. 
 
 Sec. 3215. For the convenience of prospectors and locators, 
 the county recorders of the several counties must appoint a 
 deputy at any place where they may deem it necessary, and at 
 all places more than twenty miles distant from an existing 
 office, whenever ten or more mining locators interested petition 
 for the appointment of a deputy. Upon failure of any recorder 
 to appoint a deputy for ten days after the petition in writing 
 has been presented to him, the resident miners in such district 
 may appoint, temporarily, one of their number to act as re- 
 corder for the district, whose record shall be as valid as if 
 made by the deputy, and must be entered by the recorder as 
 hereinafter required : Provided, That whenever at any time 
 afterwards, the recorder has appointed a deputy for such dis- 
 trict or place, the authority of the person elected by the resi- 
 dent miners ceases. 
 
 Affidavit of Locators. 
 
 Sec. 3216. At or before the time of presenting a location 
 notice for record, whether it be for a quartz or placer claim, 
 one of the locators named in the same must make and sub- 
 scribe an affidavit, in writing on or attached to the notice, sub- 
 stantially in the following form, to-wit : 
 
 State of Idaho, County of , ss. 
 
 I, do solemnly swear that I am a citizen 
 
 of the United States of America (or have declared my inten- 
 tions to become such), and that I am acquainted with the min- 
 ing ground described in this notice of location, and herewith 
 
 called the ledge, lode or claim ; that the ground and 
 
 claim therein described or any part thereof has not, to the best 
 of my knowledge and belief, been located according to the laws 
 of the United States and of this State, or if so located, that the 
 same has been abandoned or forfeited by reason of the failure 
 of such former locators to comply in respect thereto with the 
 requirements of said laws, and (in the case of quartz claims) 
 that I have opened new ground to the extent or depth of ten 
 feet as required by the laws of Idaho. 
 
 Signature 
 
 Subscribed and sworn to before me this day of , 
 
 A. D. 19 
 
 Signature. 
 
 Manner of Recording Notices : Fees. 
 
 Sec. 3217. The location notice herein required to be recorded 
 must be recorded by the deputy appointed for the district' or 
 the person appointed for that purpose as above provided (when 
 the legal fee therefor is tendered) in a book kept for that pur- 
 pose. Said book must be indexed, with the names of all the 
 
112 MINING LAWS OF IDAHO 
 
 locators arranged in alphabetical order, according to the fam- 
 ily or surname of each. The fee to be tendered for making 
 such record, administering the oath to the locator and certi- 
 fying the same, for indexing the names appearing on the notice, 
 and to include recording the notice by the recorder as herein- 
 after required, and the indexing by said recorder, is two dol- 
 lars, which fee must be equally divided between the recorder 
 and the deputy or the person acting under an election as here- 
 inbefore provided, and no other additional sum of money must 
 be demanded or received by either of them, for any services 
 connected with the recording of any location notice made pur- 
 suant to the requirements of this chapter. 
 
 Transmission of Notices to County Recorder. 
 
 Sec. 3218. The deputy recorder of mining claims of each 
 district, or the person elected as hereinbefore provided to make 
 the record in case of the failure of the recorder to appoint a 
 deputy, must, at least once in each month, transmit to the re- 
 corder at the county seat, all the notices of location filed with 
 him for record and not previously transmitted, which must at 
 once be recorded by said recorder in a book to be kept in his 
 office, to be known as the "Book of Mining Claims." The 
 names of all persons appearing in every notice of location must 
 be indexed by the recorder, said names being arranged in said 
 index in alphabetical order, according to the first letter of the 
 surname of said locators. 
 
 Same: Transmission to Deputies. 
 
 Sec. 3219. It shall be the duty of the county recorder of the 
 several counties of this State, within fourteen days after re- 
 ceiving them, to transmit to the deputy mining recorder of the 
 district wherein the claims located are situated, all location 
 notices, both quartz and placer, which shall not have been al- 
 ready recorded in the office of the deputy mining recorder. It 
 shall be the duty of such deputy mining recorder to record in 
 his records all such notices received by him, and he shall re- 
 ceive as his compensation therefor from the recorder sending 
 them, one-half the fee authorized by law to be charged for the 
 recording of mining claims. After recording such notices the 
 deputy mining recorder shall return the same to the county 
 recorder. 
 
 Seal of Deputies: Limitation on Powers. 
 
 Sec. 3220. The deputy recorders provided for in this chap- 
 ter, are not, by virtue of the provisions hereof, authorized to 
 perform any other than the special duties herein specified. 
 They must keep an official seal, and the records in their cus- 
 tody are public records, but the seal of a deputy recorder must 
 not be attached to any paper except for the purpose of authen- 
 
MINING LAWS OF IDAHO 113 
 
 ticating certificates attached to transcripts of the records in 
 his custody as deputy recorder. 
 
 PLACER CLAIMS. 
 
 Location of Placer Claims. 
 
 Sec. 3221. Placer claims, as mentioned in Section 2329 of 
 the Revised Statutes of the United States, may be located for 
 the purpose of mining deposits and precious stones after the 
 discovery of such deposits. 
 
 Monuments : Notice : Excavation : Record of Notice. 
 
 Sec. 3222. The locator of any placer mining claim located for 
 the purpose of mining placer deposits or precious stones, must, 
 at the time of making the location, place a substantial post or 
 monument, as is required in the location of quartz claims, at 
 each corner of the location, and must also post on one of the 
 same a notice of location containing the date of the location, 
 the name of the locator, the name and dimensions of the claim, 
 the mining district (if any) and county in which the same is 
 situated; and must also give the distance and direction from 
 said post or monument to such natural object or permanent 
 monument, if any such there be, as will fix and describe in the 
 notice itself the location of the claim. Within fifteen days 
 after making the location, the locator must make an excava- 
 tion upon the claim of not less than one hundred cubic feet, for 
 the purpose of prospecting the same. Within thirty days after 
 the location, the locator must file for record in the office of the 
 recorder of the county, or the deputy recorder of the mining 
 district in which the claim is situated, a substantial copy of 
 his copy of notice of location, to which must be attached an 
 affidavit such as is required in case of quartz claims. 
 
 RIGHTS OF WAY AND EASEMENTS FOR THE 
 DEVELOPMENT OF MINES. 
 
 Rights of Way for Mining Purposes. 
 
 Sec. 3223. The owner, locator, or occupant of a mining 
 claim, whether patented under the laws of the United States 
 or held by location or possession, may have and acquire a right 
 of way for ingress and egress, when necessary in working such 
 mining claim, over and across the lands or mining claims of 
 others, whether patented or otherwise. 
 
 Same : For Railroads, Ditches and Tunnels. 
 
 Sec. 3224. When any mine or mining claim is so situated, 
 
114 MINING LAWS OF IDAHO 
 
 that for the more convenient enjoyment of the same a road, 
 railroad or tramway therefrom, or a ditch or canal to convey 
 water thereto, or a ditch, flume, cut or tunnel to drain or con- 
 vey the waters or tailings therefrom, or a tunnel or shaft, may 
 be necessary for the better working thereof which road, rail- 
 road, tramway, ditch, canal, flume, cut, shaft or tunnel, may 
 require the use or occupancy of lands or mining grounds, 
 owned, occupied or possessed by others than the person or per- 
 sons or body corporate requiring an easement for any of the 
 purposes described, the owner, claimant or occupant of the 
 mine or mining claim first above mentioned, is entitled to a 
 right of way, entry and possession for all the uses and privi- 
 leges for such road, railroad, tramway, ditch, canal, flume, cut, 
 shaft or tunnel, in, upon, through and across such other lands 
 or mining claims, upon compliance with the provisions of this 
 chapter. 
 
 Action to Condemn Right of Way. 
 
 Sec. 3225. When the owner, claimant or occupant of any 
 mine or mining claim desires to work the same, and it is neces- 
 sary, to enable him to do so successfully and conveniently, that 
 he have a right of way for any of the purposes mentioned in 
 the foregoing sections, if such right of way can not be acquired 
 by agreement with the claimant or owner of the lands or claims 
 over, under, through, across or upon which he seeks to acquire 
 such right of way, he may commence an action in the District 
 Court in and for the county in which such right of way, or some 
 part thereof, is situated, by filing a verified complaint contain- 
 ing a particular description of the character and extent of the 
 right sought, a description of the mine or claim of the plaintiff, 
 and the mine or claim and lands to be affected by such right of 
 way or privilege, with the name of the occupant or owner 
 thereof. He may also set forth any tender of compensation that 
 he may have made, and demand the relief sought. 
 
 MINING TUNNELS. 
 Right to Cross Located Claim. 
 
 Sec. 3236. Any person or company who has or who may 
 hereafter have a tunnel or cross-cut, the mouth of which is lo- 
 cated upon his own ground or upon ground in his lawful occu- 
 pation, shall have the right to drive and continue the same 
 through and across any located or patented claim in front of 
 the mouth of the tunnel, but not to follow or drive upon any 
 vein belonging to the owner of such claim. 
 
 Owner of Intersected Claim May Inspect Tunnel. 
 Sec. 3237. Each tunnel or cross-cut may be driven and 
 
 \ 
 
MINING LAWS OF IDAHO 115 
 
 worked for the purpose of drainage and for the purpose of 
 reaching and working mining ground of the tunnel owner 
 beyond the intersected claim. The owner or owners of any 
 vein or any claim or claims so intersected, or his duly author- 
 ized agent, shall have the right to enter such tunnel upon ap- 
 plication to the owner or owners or person in charge of said 
 tunnel without resorting to any process of law for the pur- 
 pose of making a survey and inspecting such vein or veins as 
 may be crossed within the boundary lines of such intersected 
 claim, and if the owner or owners of such tunnel shall, by 
 bulk-heading, damming back, or in any manner, prevent the 
 inspection or survey herein provided for, or if such owner or 
 owners shall in any manner prevent the natural drainage of 
 water from such intersected claim or claims without the con- 
 sent of the owner or owners thereof, it shall work a forfeiture 
 of all rights granted under the preceding section. 
 
 Title to Ore Taken From Intersected Claim. 
 
 Sec. 3238. If any ore, the property of the owner of the claim 
 intersected or crossed, be extracted in driving such tunnel, it 
 shall be the property of the owner of the vein from which it 
 was taken, and the owner of the tunnel shall be liable for all 
 actual damages or injury done to the owner of the claim 
 crossed by his tunnel. 
 
 Burden of Proof as to Discovered Vein. 
 
 Sec. 3239. In all actions between the tunnel owner and 
 others involving the right to any vein discovered in such tun- 
 nel, the burden of proving that the vein so discovered is not 
 the property of the adverse claimant in such action shall be on 
 the tunnel owner. 
 
 MINING PARTNERSHIP. 
 
 When Mining Partnership Exists. 
 
 Sec. 3361. A mining partnership exists when two or more 
 persons who own or acquire a mining claim for the purpose 
 of working it and extracting the mineral therefrom, actually 
 engage in working the same. 
 
 Express Agreement Not Necessary. 
 
 Sec. 3362. 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 min- 
 eral therefrom. 
 
 Sharing Profits and Losses. 
 
 Sec. 3363. A member of a mining partnership shares in the 
 
116 MINING LAWS OF IDAHO 
 
 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. 
 
 Lien of Partners and Creditors. 
 
 Sec. 3364. 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. A lien 
 exists in favor of the creditors notwithstanding there is an 
 agreement among the partners that it must not. 
 
 Mine Partnership Property. 
 
 Sec. 3365. The mining ground owned and worked by part- 
 ners in mining, whether purchased with partnership funds or 
 not, is partnership property. 
 
 Sale of Interest by Partner. 
 
 Sec. 3366. One of the partners in a mining partnership may 
 convey his interest in the mine and business without dissolving 
 the partnership. The purchaser, from the date of his purchase, 
 becomes a member of the partnership. 
 
 Liability of Purchaser. 
 
 Sec. 3367. A purchaser of 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, with- 
 out notice of such lien. 
 
 Same. 
 
 Sec. 3368. 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. 
 
 Members Can Not Bind Partnership. 
 
 Sec. 3369. No member of a mining partnership or other 
 agent or manager thereof can, by contract in writing, bind the 
 partnership except by express authority derived from the mem- 
 bers thereof. 
 
 Majority of Shares Governs. 
 
 Sec. 3370. The decision of the members owning a majority 
 of the shares or interests in a mining partnership, binds it in 
 the conduct of its business. 
 
 Partnership Contracts May Be Recorded. 
 
 Sec. 3371. Written contracts relating to prospecting or min- 
 
MINING LAWS OF IDAHO 117 
 
 ing, or to the formation of co-partnership for that purpose, 
 when signed by the parties thereto and indorsed by at least 
 one witness, may be recorded in the office of the county rec- 
 order of the county wherein it is proposed to prosecute the 
 business of said co-partnership', or where the property aifected 
 by such contract is situated. 
 
 Record Constructive Notice. 
 
 Sec. 3372. Such record shall be constructive notice to all 
 persons of the matters contained. in such contract or co-partner- 
 ship agreement. 
 
 ACTIONS TO DETERMINE CONFLICTING CLAIMS TO 
 REAL PROPERTY. 
 
 Order for Survey and Examination. 
 
 Sec. 4542. Any person having a bona fide claim to the pos- 
 session, title of, or interest in, any real property or mining 
 claim, including any ledges thereof, which is, or which he has 
 good reason to believe is, in the possession of another, either by 
 surface or underground holdings or workings, and it is neces- 
 sary for the ascertainment, enforcement or protection of such 
 rights or interests, that an examination or survey of such 
 property be had, and the person so in the possession thereof, 
 fails or refuses for three days after demand on him made in 
 writing, to permit such examination or survey to be made the 
 party desiring the same may apply to the court or the judge 
 thereof, whether he have an action concerning such property 
 pending in such court or not, for an order for such examination 
 and survey. 
 
 Such application must be made upon written petition or 
 statement under oath, setting out a description of the prop- 
 erty, interest of the party therein, that the premises are in the 
 possession of a party, naming him, the reason why such survey 
 or examination is asked, the demand made for same, and re- 
 fusal thereof. 
 
 The court or judge must appoint a time and place for hear- 
 ing, of which notice, with a copy of the petition, must be served 
 upon the adverse party, at least three days before the hear- 
 ing and one additional day for each twenty-five miles between 
 the place of service of notice and the hearing, and such hear- 
 ing must be had and the testimony must be produced in the 
 same manner as provided by Section 4297 for hearings on in- 
 junctions. 
 
 If upon such hearings the court or judge is satisfied that 
 either party is entitled to any relief or order for examination 
 or survey of any property in the possession of the other, which 
 has, by the papers in the proceedings, been put in controversy, 
 
118 MINING LAWS OF IDAHO 
 
 an order must be granted for such examination, survey and 
 other privileges as the court or judge may deem just, and the 
 order must specify as nearly as possible what the person in 
 whose favor such order is granted may do. 
 
 Thereupon, such person may have free access, with such 
 agents and assistants as may be allowed, to all parts of such 
 property, with right to remove any loose rock, debris or other 
 obstacle, when the same is necessary to the making of a full 
 inspection or survey of such property, but no such removal 
 must be made without the consent of the adverse party or the 
 order of the court or judge permitting the same. 
 
 The court or judge may also, upon proper showing, with the 
 view of producing such evidence as may be needed to deter- 
 mine the rights of the parties, allow work to be done on such 
 property, but any work so permitted must be allowed only 
 after the same is particularly defined, and must not be allowed 
 in such manner as to interfere with the workings of the adverse 
 party, and then only when the court is satisfied the adverse 
 party is acting in bad faith and is infringing or attempting so 
 to do, upon the rights of the party asking to do such work, 
 and when there is no other reasonable or convenient mode for 
 the production of the evidence necessary to settle the rights 
 of the parties. 
 
 The party so asking to do work upon the premises of, or in 
 the possession of another, must give good and sufficient secu- 
 rity for the payment of all damages he may do the adverse 
 party by reason of such work, and the court or judge must at 
 every stage of the proceedings have due regard for the rights 
 of all parties in interest. 
 
 Same. 
 
 Sec. 4543. The order must describe the property, and a copy 
 thereof must be served on the owner or occupant; and there- 
 upon such party may enter upon the property, with necessary 
 surveyors and assistants, and make such survey and measure- 
 ment; but if any unnecessary injury be done to the property, 
 he is liable therefor. 
 
 POSSESSORY ACTIONS FOR PUBLIC LANDS. 
 
 Actions to Protect Possessory Rights. 
 
 Sec. 4552. Any person being a citizen of the United States, 
 or having in accordance with law declared his intention to be- 
 come a citizen, occupying and settled upon any of the public 
 lands of the United States in this State for the purpose of culti- 
 vating or grazing the same, may commence and maintain any 
 action for interference with, or injury to, his possession of such 
 land, against any person interfering with or injuring the same ; 
 but if such land contains mines of any of the precious metals. 
 
MINING LAWS OF IDAHO 119 
 
 the possession or claim of the person occupying the same for 
 the purposes aforesaid must not prevent the working of such 
 mines by persons desiring to work jthe same, as fully as if no 
 such claim for agricultural or grazing purposes had been made 
 thereon : Provided, That this chapter must not be so construed 
 as to allow a person, subsequent to the location of land for 
 agricultural or grazing purposes, to go upon such lands for the 
 purpose of mining without first paying the owner thereof the 
 value of any growing crops they may destroy; this provision 
 does not extend to any crops planted subsequent to their loca- 
 tion for mining purposes; and this chapter must not be con- 
 strued to authorize the maintenance of any claim upon lands 
 which, at the commencement of any such action, may have 
 been selected by the United States, and reserved for any pur- 
 pose. 
 
 Claim : What to Contain. 
 
 Sec. 4553. Every claim, to enable the holder to maintain 
 any action as aforesaid, must contain not more than one hun- 
 dred and sixty acres of land, to be in compact form, and so 
 distinctly marked that the boundaries thereof may be easily 
 traced. 
 
 CONSPIRACY. 
 
 Regarding Mining Claims. 
 
 Sec. 6541. In all cases where two or more persons associate 
 themselves together for the purpose of obtaining the posses- 
 sion of any lode, gulch, or placer claim, then in the actual 
 possession of another, by force or violence, or by stealth, and 
 proceed to carry out such purpose by making threats against 
 the party or parties in possession, or enter upon such lode or 
 mining claim for the purpose aforesaid, or enter upon or into 
 any lode, gulch, placer claim, quartz mill or other mining prop- 
 erty, or, not being upon such property, make any threats, or 
 make use of any language, signs, or gestures calculated to in- 
 timidate any person or persons at work on said property, from 
 continuing to work thereon or therein, or to intimidate others 
 from engaging to work thereon or therein, every such person 
 so offending is guilty of a misdemeanor. 
 
 LEASE OF STATE LANDS. 
 Leases. 
 
 Sec. 1572. The State Board of Land Commissioners may lease 
 any portion of the land of the State, at a rental of not less than 
 five per cent per annum, on the valuation fixed by the State 
 Board, except as hereinbefore provided. The lessee shall pay 
 
120 MINING LAWS OF IDAHO 
 
 the annual rental to the register of the State Board of Land 
 Commissioners, who shall receipt for the same, in the name of 
 the board, on the lease, and file a duplicate receipt with the 
 State Auditor. Upon receiving such annual rental, the Register 
 shall immediately transmit the same to the State Treasurer and 
 take his receipt therefor in duplicate, filing one receipt with 
 the State Auditor and preserving the other in the office of the 
 State Board of Land Commissioners. If stone, coal, coal oil, 
 gas or other mineral or precious metals be found upon the State 
 land, such land may be leased for the purpose of obtaining 
 therefrom the stone, coal, coal oil, gas, or other mineral, or 
 precious metals, for such length of time, and conditioned upon 
 the payment to the board of such royalty upon the product, as 
 the State Board of Land Commissioners may determine. 
 
 Same: Rent to Be Paid in Advance. 
 
 Sec. 1573. All leases of State land, except mineral leases, 
 shall be conditioned upon the payment of rental annually in 
 advance, and a violation of this condition shall work a for- 
 feiture of the lease, at the option of the State Board of Land 
 Commissioners, after thirty days' notice to the lessee, such 
 notice being sent to the postoffice of the lessee, as given by 
 himself to the Register of the State Land Board when the 
 lease is issued. 
 
 Same: Term Renewal. 
 
 Sec. 1574. No lease of State lands shall be for a longer term 
 than five years. When any lease expires by limitation, the 
 holder thereof may renew the same in manner as follows : At 
 any time within the thirty days next preceding the expiration 
 of the lease, the lessee, or his assigns, shall notify the Register 
 of his desire to renew said lease. If the lessee and State Board 
 agree as to the valuation of the land, a new lease may be issued, 
 bearing even date with the expiration of the old one, and upon 
 like conditions. 
 
 MALICIOUS MISCHIEF. 
 
 Destroying 1 Mining and Water Right Notices. 
 
 Sec. 7172. Every person who intentionally defaces, obliter- 
 ates, tears down or destroys any notice posted on any lode or 
 placer mining claim, or ditch, or water right, or location, or 
 who removes, takes down or destroys any post or monument 
 erected or placed to mark or indicate any such claim, right or 
 location, or any part or boundary thereof, or part thereon, is 
 guilty of a misdemeanor. 
 
MINING LAWS OF IDAHO 121 
 
 EMINENT DOMAIN. 
 
 For what purposes Eminent Domain may be invoked see 
 Article 1, Section 14 of the Constitution. 
 
 INSPECTOR OF MINES. 
 
 Sections 199 to 209, Revised Statutes, provides for appoint- 
 ment of Inspector of Mines, prescribe his duties, and duties of 
 mine owner and operator with regard to accidents, safeguards 
 in mines and reports. 
 
 PROTECTION OF MECHANICS. 
 
 Sections 1446, 1447 and 1448, Revised Statutes, provide for 
 posting notice at mine and other places as to payment of wages 
 of mechanics and laborers by mine operators. 
 
 CHILD LABOR. 
 
 Article 4111, Section 4 of Constitution and Section 1466, Re- 
 vised Statutes, provide that no child under 14 shall be em- 
 ployed on mining claim. 
 
 HOURS OF LABOR. 
 
 Sections 1463 to 1465, Revised Statutes, provide that 8 hours 
 shall constitute a day's labor in mines. 
 
 EXPLOSIVES. 
 
 Sections 1555 to 1557, Revised Statutes, prescribe for mark- 
 ing of explosives, their storage and handling. 
 
 TAXATION. 
 
 Sections 1863 to 1872, Revised Statutes, provide for taxation 
 of profits realized from mines and ores. 
 
 CHINESE. 
 
 Section 2610, Revised Statutes, prohibits Chinese or persons 
 of Mongolian descent from acquiring title to mines or real 
 property. Other aliens may locate claims. 
 
 CORPORATIONS. 
 
 Sections 2730, 2784 and 2785 prescribe laws governing or- 
 ganization of corporations, annual license tax, fees, etc. The 
 Act of March llth, 1912 (page 454, 1913 Session Laws) enacts 
 a "Blue Sky Law" or law prohibiting sales of stock, bonds or 
 other securities by corporations without permit so to do ob- 
 tained from Bank Commissioner, and provides for corporations 
 filing reports with said Commissioners and his examination of 
 books and papers of corporations. 
 
 Section 7128, Revised Statues, makes it a felony to publish or 
 distribute any false statement in regard to conditions of cor- 
 poration affairs or its stock. 
 
122 MINING LAWS OF IDAHO 
 
 EMPLOYERS LIABILITY. 
 
 The Act of March 6, 1909 (page 34, 1909 Session Laws) pro- 
 vides that employers are responsible for accidents to persons 
 employed on mining property. 
 
 OPERATION AND EQUIPMENT OF MINES. 
 
 The Act of March 15, 1909 (page 266, 1909 Session Laws) 
 and Act of March 8, 1915 (page 133, 1915 Session Laws) pro- 
 vide for Code of Mine Bell Signals, safeguards in machinery 
 and timbering in mines, and modes of exit, construction of 
 shafts, use of electric power, etc., upon mining claims. 
 
 INCLOSURE OF RESERVOIR AND PUMPS. 
 
 Sections 1276 and 1277 provide that reservoirs and pumps 
 on mining claims must be enclosed with fences strong enough 
 to turn stock and provide for damages in twice the value of 
 stock injured for failure so to do. 
 
 WATER APPROPRIATIONS. 
 
 For laws, rules and blanks, write to State Engineer, Boise, 
 Idaho. 
 
 LOCATION NOTICE LODE CLAIM. 
 
 For this form use the same as given for Arizona. 
 Also see sections 3211 and 3216, Idaho laws. 
 
 LOCATION NOTICE PLACER CLAIM. 
 
 For this form use the same as given for Arizona. 
 Also see sections 3211 and 3216, Idaho laws. 
 
 DIAGRAM OF LODE CLAIM. 
 
 See end of Arizona Laws. 
 
J. W. F. DISS 
 
 General Insurance 
 
 Acts as agent and advisor for those 
 seeking insurance protection in all 
 states and territories. 
 
 Agent for you and not for any par- 
 ticular company. 
 
 All lines of Workmen's Compen- 
 sation, Liability, Fire, Automobile, 
 Marine and Burglary insurance 
 placed in the strongest companies. 
 
 Adjustments of loss personally 
 supervised. 
 
 211-6 Hollingsworth Building 
 
 Corner Sixth and Hill Streets 
 LOS ANGELES 
 
 Phones: Home F 2819 Main 1332 
 
WILLIAM PETRY 
 LAPIDARY 
 
 ESTABLISHED 20 YEARS 
 
 Buyer of Un-Cut Stones 
 
 Precious, and all kinds 
 of stones cut, re-cut, 
 and repaired 
 
 Special stones cut and 
 furnished to order 
 
 Estimates Furnished 
 
 424 South Broadway 
 
 Rooms 905-906 Los Angeles, Cal. 
 
MINING LAWS OF NEVADA 
 
 (See also U. S. Mining Laws.) 
 
 LOCATION AND RELOCATION. 
 
 (Revised Laws 1912, Sees. 2422-2446.) 
 
 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 
 denning 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 
 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. 
 
 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. Blasdell, 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 
 Nev. 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 surface, or deeper if necessary, to show by such work a lode 
 deposit of mineral in place ; a cut or crosscut or tunnel which 
 cuts 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 
 
126 MINING LAWS OF NEVADA 
 
 locator must define the boundaries of his claim by removing 
 the top of a tree (having a diameter of not less than four in- 
 ches), 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 ; provided, how- 
 ever, 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 mon- 
 uments, and shall within ninety days from the date of posting 
 of said location notice perform the location work hereinbefore 
 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 
 yet been formed, or where there is no district recorder, the 
 
MINING LAWS OF NEVADA 127 
 
 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 lo- 
 cator 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 and 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 re- 
 corder or duly certified by a county recorder, shall be prima 
 facie evidence of the facts therein stated. 
 
 What Location Includes. 
 
 Sec. 4. 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 
 depth, the top or apex of which lies inside of such lines extend- 
 ed downward, vertically with all parts of such lodes or veins 
 s 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. 5. 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 
 
128 MINING LAWS OF NEVADA 
 
 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. 6. 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. Blasdell, 8 Nev. 61. 
 
 Work to be Done on Relocation. 
 
 Sec. 7. The relocation of abandoned lode claim 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 
 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. 8. 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 
 
MINING LAWS OF NEVADA 129 
 
 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. 
 
 Amount of Work to Hold Possession. 
 
 Sec. 9. 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. 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. 10. 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 behalf, 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. 
 
 Notice to a Delinquent Proviso Penalty. 
 
 Sec. 11. Whenever a co-owner or co-owners 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 
 upon whom such service was made, shall be attached to a true 
 copy of such notice, and such notice and affidavit must be 
 
130 MINING LAWS OF NEVADA 
 
 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 
 of the county in which said mine is situate, shall be prima 
 facie evidence of such contribution. 
 
 Notice to Claim but One Location. 
 
 Sec. 12. No notice of location of a lode claim shall claim more 
 than one location, whether the location be made by one or 
 
 \ 
 
MINING LAWS OF NEVADA 131 
 
 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 to- 
 gether, or so that it cannot be told which location is first 
 described the notice of location shall be void as to all. 
 
 Location of Placer Claim. 
 
 Sec. 13. 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. 14. 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 
 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. A decision of the Supreme Court in the case of Butte 
 City Water Co. v. Baker practically establishes the validity of 
 the above Act. The case is reported in 196, U. S., page 119. 
 
 Mill Site. 
 
 Sec. 15. 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. 16. The locator of a mill site location shall locate his 
 
132 MINING LAWS OF NEVADA 
 
 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 ob- 
 ject or permanent monument as shall identify the claim or mill 
 site. And by marking the boundaries of his claim in the same 
 manner as provided in this Act for the marking of the bound- 
 aries of a placer mining claim, so far as the same may be ap- 
 plicable thereto. 
 
 Locator Shall Record. 
 
 Sec. 17. 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. 18. 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 proprie- 
 tor, 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 reason- 
 able certainty, shall be void. 
 
 Robinson v. Imperial M. Co., 5 Nev. 44; Hamburg M. Co. 
 v. Stevenson, 17 Nev. 450. 
 
 Notice to Contain. 
 
 Sec. 19. 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. 20. 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 the terminus of three thousand 
 feet therefrom. The stakes or monuments shall be of the same 
 
MINING LAWS OF NEVADA 133 
 
 size and character as those provided for lode or placer claims 
 in this Act. 
 
 Locator Shall Record. 
 
 Sec. 21. 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 Kecorder 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. 
 
 Relating to Blind Lodes or Veins. 
 
 Sec. 22. 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. 23. 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. 
 
 Certificate of Location and Labor Need Not Be Sworn To. 
 
 Sec. 24. Certificates of location and of labor and improve- 
 ments necessary to hold claims need not be sworn to, and are 
 not required to be in any specified form, nor to state facts in 
 any specific order; but must truly state the required facts. 
 
 Recording of Location When No District Recorder. 
 
 Sec. 25. Where there is no mining district, or where a dis- 
 trict having once existed the residence of the officers within the 
 district and their places of business within the district where 
 the books are kept are not publicly known, district recording 
 shall not be required of the locator or claim owner. But record- 
 ing shall be required in the office of the county recorder in all 
 cases ; as well where there is a district recorder as where there 
 is none. 
 
 LOCATION OF SALINE LANDS. 
 
 (Revised Laws 1912, Sees. 2447-2450.) 
 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. 
 
134: MINING LAWS OF NEVADA 
 
 Duty of Persons Locating Saline Lands. 
 
 Sec. 2. It shall be the duty of any person or persons locat- 
 ing salt lands to have the same surveyed by the County Sur- 
 veyor 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 deliver 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. 
 
 RECORDER MUST GIVE LOCATOR RECEIPT. 
 
 (Revised Laws 1912, Sees. 2451-2455.) 
 
 Section 1. Whenever the locator of a mining claim shall 
 file his certificate of location in accordance with the law and 
 pay the prescribed fees therefor, it shall be the duty of the 
 Mining District Recorder, and of the County Recorder, with 
 whom said certificate is filed forthwith to give such locator, or 
 his agent, a receipt therefor. Said receipt shall contain name 
 of the claim given in notice filed, and date of location thereof, 
 stating the day and hour such certificate of location was filed. 
 
 Sec. 2. The receipt called for in section one of this Act 
 shall be prima facie evidence that the certificate of location has 
 been duly filed, and of the date of filing. 
 
 (Two sections not material omitted here.) 
 
 Sec. 5. Any Mining District Recorder or County Recorder 
 neglecting or refusing to comply with the provisions of this Act 
 shall be deemed guilty of a misdemeanor, and, upon convic- 
 tion thereof, shall be punished by a fine not exceeding five 
 hundred ($500) dollars, or by imprisonment in the county jail 
 not exceeding six months, or by both such fine and imprison- 
 ment. 
 
MINING LAWS OF NEVADA 135 
 
 MINERAL LANDS. 
 
 (Revised Laws 1912, Sees. 2456, 2457.) 
 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 become 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 from the 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, notwithstanding such se- 
 lection. Stats. 1897, p. 36. 
 
 Heydenfeldt v. Daney G. & S. M. Co., 10 Nev. 290. 
 
 PROSPECTING ON PRIVATE LAND. 
 
 (Revised Laws 1912, Sees. 2458-2462.) 
 
 Section 1. Any person, a citizen of the United States, may 
 enter upon any unfenced and unimproved land in the State of 
 Nevada held in private ownership, excepting mining claims 
 and mining property already located or occupied for mining 
 purposes, and may prospect thereon for gold, silver, or other 
 valuable minerals or metals, being responsible to the owner of 
 the land for all damage done thereon. 
 
136 MINING LAWS OF NEVADA 
 
 Sec. 2. Any person, a citizen of the United States, discov- 
 ering a ledge or deposit containing gold, silver or other valua- 
 ble mineral or metals in or upon. any unfenced and unimproved 
 land in this State held in private ownership, excepting min- 
 ing claims or mining property already located or occupied 
 for mining purposes, may locate such ledge or deposit, in 
 accordance with the laws of the United States, and of this 
 State in respect to the location of mining claims, the same as 
 though such ledge or deposit was found upon the public do- 
 main, and may acquire title to such land so located by means 
 of the special proceedings prescribed in this Act. The said 
 special proceedings shall be substantially as follows : 
 
 There shall be filed in the clerk's office of the District Court 
 in the county where the real estate is situated a petition veri- 
 fied according to law, stating therein the names of the person 
 or persons presenting the petition ; that he or they have discov- 
 ered a ledge or deposit containing gold, silver or some other 
 valuable mineral or metal ; the description by metes and bounds 
 or by some other accurate designation of the tract or tracts of 
 land, located in the manner of mining claims as herein pro- 
 vided and desired to be appropriated for mining purposes ; that 
 said land is more valuable for mining purposes than the pur- 
 pose for which the same is being held; the names of those in 
 possession of said land, and those claiming any right, title 
 or interest therein, so far as the same can be obtained by 
 reasonable diligence. 
 
 Sec. 3. That the proceedings following the filing of such 
 petition shall be as prescribed in that certain Act of the Legis- 
 lature of this State, entitled "An Act to encourage mining, 
 milling, smelting or other reduction of ores in the State of 
 Nevada," approved March 1, 1875, in so far as the same are 
 not inconsistent with the provisions of this act. 
 
 Sec. 4. If upon the hearing of the petition filed as provided 
 in this Act it appears to the satisfaction of the court or judge 
 thereof that the land in question is more valuable for mining 
 than the purpose for which the same is being used, then the 
 petitioner or petitioners shall acquire title thereto in manner 
 similar to that prescribed in the Act to which this Act is sup- 
 plementary. 
 
 Sec. 5. In determining the value of the land as a basis for 
 the compensation which the petitioner or petitioners shall pay 
 to the owners thereof, the minerals therein contained shall not 
 be considered as going to make up the value, but the value 
 which shall govern is the reasonable value of the land for the 
 use to which the same has previously been put, or reasonably 
 might be expected to be put in the future, by the owners 
 thereof. 
 
MINING LAWS OF NEVADA 137 
 
 COUNTY RECORDERS ARE DISTRICT MINING 
 RECORDERS. 
 
 (Revised Laws 1912, Sees. 2463-2468.) 
 
 County Recorders to Be Ex-Officio District Mining Recorders. 
 
 Sec. 1. 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. 
 
 Duties of Mining Recorders to Certify and Transmit Copies 
 
 Quarterly. 
 
 Sec. 2. It shall be the duty of each and every mining record- 
 er of the several mining districts in the state, on or before the 
 first Monday in January, April, July and October in each year, 
 to transcribe into a suitable book or books, to be provided for 
 that purpose, and to deposit and file with the county recorders 
 of the respective counties in which said mining districts may 
 be located a full, true, and correct copy of the mining records 
 of the respective mining districts for the three months next 
 preceding said first Mondays in January, April, July and Oc- 
 tober, duly certified under oath; provided, this section shall 
 not apply to the mining recorder created by section 1 of this 
 act. 
 
 County Commissioners to Provide Books. 
 
 Sec. 3. There shall be provided by the county commissioners 
 of the several counties in this state, and furnished to each min- 
 ing recorder, on his application, suitable books, into which the 
 mining records mentioned in section 2 of this act shall be 
 transcribed. 
 
 Fees to Recorders. 
 
 Sec. 4. The several mining recorders shall receive for serv- 
 ices herein required by section 2 of this act, one dollar for the 
 transcript of each claim, including the oath, which shall be 
 paid at the time of recording by the parties making the loca- 
 tions. 
 
 Copies of Records Introduced in Court in Evidence. 
 
 Sec. 5. The certified copies of the mining records certified 
 to be deposited and filed as herein provided, shall be received 
 
138 MINING LAWS OF NEVADA 
 
 in evidence, and have the same force and effect in all courts 
 as the original. 
 
 Penalty for Not Complying. 
 
 Sec. 6. Any person neglecting or refusing to comply with 
 the provisions of section 2 of this act shall be deemed guilty 
 of a misdemeanor, and, upon conviction thereof, shall be pun- 
 ished by a fine not exceeding five hundred dollars, or by im- 
 prisonment in the county jail not exceeding six months, or by 
 both such fine and imprisonment. 
 
 MINING RECORDER AND RECORDS. 
 
 (Revised Laws 1912, Sees. 2469-2474.) 
 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 
 
 s 
 
MINING LAWS OF NEVADA 139 
 
 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. 
 
 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. 
 
 GRUBSTAKE CONTRACTS MUST BE RECORDED. 
 
 (Revised Laws 1912, Sec. 2475.) 
 
 Section 1. All grubstake contracts and prospecting agree- 
 ments hereafter entered into and which may in any way affect 
 the title of mining locations, or other locations under the Min- 
 ing Laws of this State, shall be void and of no effect except 
 between the parties to said contract or agreement, unless the 
 instrument shall first have been recorded in the office of the 
 county recorder of the county in which said instrument is made. 
 The instrument or instruments shall be duly acknowledged be- 
 fore a notary public or other person competent to take acknowl- 
 edgments. Grubstake contracts and prospecting agreements, 
 duly acknowledged and recorded as provided for in this act, 
 shall be prima facie evidence in all courts of justice in this 
 State in all cases wherein the. title to mining locations and other 
 locations under the mining laws of this State are in dispute. 
 
 MAJORITY OWNERS OF MINE MAY CHANGE INTEREST 
 OF MINORITY. 
 
 (Revised Laws 1912, Sees. 2476-2482.) 
 
 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 
 
140 MINING LAWS OF NEVADA 
 
 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, tenant 
 in common or coparcener, for his or her proportion of the 
 money actually expended or indebtedness assumed by such cor- 
 poration or association, in the actual and necessary working 
 and development of said mining 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- 
 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, by 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, 
 
MINING LAWS OF NEVADA 141 
 
 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 shall, 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- 
 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. 
 
 RECOVERY OF STOLEN ORE. 
 
 This Act provides that Assayers, etc., must keep record of 
 ore purchased and other provisions concerning recovery ot 
 stolen ore. See Sections 2483-2486, Revised Laws of 1912. 
 
142 MINING LAWS OF NEVADA 
 
 PURCHASE OF ORES. 
 
 For an Act regarding purchases of ores, see Laws of 1907, 
 page 365, or Sections 2487, etc., Revised Laws of 1912. 
 
 STOCKHOLDERS MAY INSPECT MINES. 
 
 Revised Laws 1912, Sees. 2492-2496. 
 
 Provisions for Inspection of Mines by Stockholders. 
 
 Section 1. Any person who shall be the bona fide owner of 
 stock shares representing the value of one-fifth of one per 
 cent of the original capital stock of any company incorporated 
 for the purpose of working upon and mining in any lode, ledge, 
 deposit, or bed of the precious metals, or useful minerals, in 
 this state, and any number of persons who shall be bona fide 
 owners of an aggregate number of mining shares, amounting 
 in value to one-fifth of one per cent of said capital stock, at the 
 time application for a permit to examine any such mine shall 
 be made, such owner or owners of mining stock shall, upon a 
 written order from the county clerk, or from the justice of the 
 peace of the county in which such lode, ledge, deposit or bed 
 is located, be entitled to the privilege of fully examining all 
 of the shafts, adits, borings, drifts, stopes, hoisting apparatus, 
 and every and all properties and appurtenances belonging to 
 any such mining company; provided, that not more than one 
 owner of said percentage or aggregate percentages of such 
 mining stock shall either in person, or by an accredited agent, 
 be entitled to such written order for examination of any speci- 
 fied mine or mining property, oftener than twice in one month ; 
 these days shall, however, not be more than fourteen, nor less 
 than fifteen days apart. It shall be the duty of the superin- 
 tendent or other person or parties in charge of any incorpo- 
 rated mining claim, or mining property in this state, to keep 
 posted in some conspicuous place at or near the mine, the day 
 of the week in which authorized stockholders may be admitted 
 under the provisions of this act. 
 
 Registration Application for Privileges Oath Fee. 
 
 Sec. 2. The county clerk, or justice of the peace, in each of 
 the counties of this state, shall keep in his office a suitable book 
 of registration in which he shall enter the names of all persons 
 who shall be entitled to the privileges granted by this act; 
 and the county clerks or justices of the peace of the several 
 counties in this state are hereby authorized to administer an 
 oath or affirmation to each and every application for said priv- 
 ileges ; and for administering such oath or affirmation, and for 
 registering the name of the applicant, the clerk or justice of 
 
MINING LAWS OF NEVADA 143 
 
 the peace shall receive a fee of one dollar, to be paid by the 
 applicant at the time of registration. 
 
 Stock Certificate to be Presented Oath of Applicant. 
 
 Sec. 3. Upon making applications as provided in section 2 
 of this act, for the privilege of entering and examining any of 
 the mining properties mentioned in section 1 of this act, the 
 applicant shall present to the county clerk or justice of the 
 peace, certificates of stock shares representing in value one- 
 fifth of one per cent of the original capital stock of the com- 
 pany, whose mine or mining property he or she desires to ex- 
 amine. Thereupon the applicant shall make oath or affirmation 
 that the said stock certificate or stock certificates presented by 
 him or her are actually his or her own property, or that such 
 certificates of stock at the time of presentation really belong 
 to the party or parties whom he or she is, under the provis- 
 ions of section 1 of said act, authorized to represent. 
 
 Order for Admission to Mine. 
 
 Sec. 4. Immediately upon complying with the provisions of 
 section 3 of this act, it shall be the duty of the county clerk, or 
 justice of the peace, to furnish the applicant with a written or- 
 der for admission to the mine and mining properties which he 
 or she may desire to examine. 
 
 Penalty for Refusal. 
 
 Sec. 5. Any mining superintendent, or mining foreman, or 
 mining secretary of any incorporated mining company in this 
 state, acting under and for such mining company, who shall fail 
 or refuse to comply with any of the conditions mentioned in 
 section 1 of this act,' shall for each and every such failure or 
 refusal be deemed guilty of a misdemeanor, and upon convic- 
 tion in any court of competent jurisdiction, shall be fined in 
 any sum not less than one hundred ($100) dollars and not ex- 
 ceeding five hundred $500) dollars, or by imprisonment in the 
 county jail for a term not less than thirty days and not exceed- 
 ing six months, or by both such fine and imprisonment. 
 
 CONVEYANCE OF MINING CLAIM. 
 
 (Revised Laws 1912, Sees. 1088, 1090, 1091, 1100-1104.) 
 
 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. 
 
144 MINING LAWS OF NEVADA 
 
 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. 
 
 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, 
 
MINING LAWS OF NEVADA 145 
 
 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- 
 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. 
 
 PARTITION OF MINING CLAIM. 
 
 (Revised Laws 1912, Sees. 5576-5582.) 
 
 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 
 
146 MINING LAWS OF NEVADA 
 
 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 
 referees, which shall not be less than twenty nor more than 
 forty days from the day of making the order, excep. 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- 
 

 MINING LAWS OF NEVADA 147 
 
 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- 
 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. 
 
 (Revised Laws 1912, Sees. 5509-5511.) 
 
 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 in any wise endanger the safety of any mine 
 or mines adjacent or adjoining therto. 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 
 the amount of the value of all such mineral mined, extracted, 
 excavated, or carried away, and for all other damages, and in 
 the absence of a showing to the contrary, the value of all such 
 mineral mined, extracted, excavated or carried away shall be 
 presumed to be twice the amount of the gross value of the 
 same, ascertained by an average assay of the excavated ma- 
 
148 MINING LAWS OF NEVADA 
 
 terial or the ledge from which it is taken, and provided that 
 if such trespass was made in bad faith, such damages may be 
 trebled. 
 
 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 State 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 
 State, 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 ten days 
 from the date thereof, to show cause why an order of survey 
 should not be granted ; and upon good cause shown, the court or 
 judge shall grant such order, directed to some competent sur- 
 veyor or surveyors, 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 and 
 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 
 other costs in the suit. The parties obtaining such survey 
 
MINING LAWS OF NEVADA 149 
 
 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, 13 
 Nev. 157; Patchen v. Kelley, 19 Nev. 404. 
 
 TRESPASS ON PATENTED MINING GROUND. 
 
 Statutes 1901, p. 118. 
 Trespassing a Misdemeanor. 
 
 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 misdemeanor. 
 
 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 develop- 
 ment or free use and occupancy of the same by the lawful own- 
 ers or their legal agents or representatives, shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall be 
 fined in the sum of three hundred dollars 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 coun- 
 ties that cast between 400 and 425 votes for Members of Con- 
 gress, at the general election held in 1900. 
 
 STATUTE OF LIMITATIONS. 
 
 (Revised Laws 1912, Sec. 4951.) 
 
 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 
 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 
 
150 MINING LAWS OF NEVADA 
 
 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. 
 
 (Revised Laws 1912, Sees. 5492, 2213, 5288, 5145.) 
 
 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 of 
 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. 
 
 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 for use by him in working any mining claim 
 
MINING LAWS OF NEVADA 151 
 
 or in prospecting for minerals or when necessary to be used 
 for any whim, windless, derrick, car, pump, or hoisting appa- 
 ratus, and also his mining claim actually worked by him not 
 exceeding in value the sum of One Thousand dollars. 
 
 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 against 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. 
 
 PROTECTION OP EMPLOYEES. 
 
 Statutes 1903, p. 34. 
 
 Limiting Use of Collars, Sleeves or Pulleys on Shafting Ma- 
 chinery. 
 
 Section 1. It shall be unlawful for any person, company or 
 corporation, after the first day of July, nineteen hundred and 
 three, to construct or place any shaft or shafting with collars, 
 sleeves or pulleys over two feet in diameter attached or secured 
 to such shaft by set screws projecting above the hub of such 
 collars, sleeves or pulleys. In all such cases where set screws 
 are used, the heads thereof shall be countersunk below the sur- 
 face of the hub of the collar, sleeve or pulley in which they are 
 placed. 
 
 Misdemeanor Penalty. 
 
 Sec. 2. Any person or corporation who shall, after the first 
 day of July, 1903, fail or refuse to comply with the require- 
 ments of this Act, when constructing or changing any ma- 
 chinery, shall be guilty of a misdemeanor, and upon conviction 
 
152 MINING LAWS OF NEVADA 
 
 thereof shall be fined not less than one hundred nor more than 
 five hundred dollars. 
 
 Not to Prevent Recovery of Damages. 
 
 Sec. 3. Nothing contained in this Act shall be so construed 
 as to prevent recovery in a suit for damages, for injuries sus- 
 tained by the party so injured or his heirs or administrators. 
 
 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, 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, safety crosshead or safety 
 skip, to be used in the lowering and hoisting of the employees 
 of such person or persons, company or companies, corporation 
 or corporations. The safety apparatus shall be securely fast- 
 ened to the cage, crosshead or skip, and shall be of sufficient 
 strength to hold the cage, crosshead or skip loaded at any 
 depth to which the shaft may be sunk; provided, that where 
 safety crosshead is used for other than sinking purposes the 
 same shall be equipped with gates as provided by law for 
 cages; and provided further, that where skips are used for 
 other than sinking purposes platforms for men to stand on 
 when being hoisted or lowered shall be placed in said skip not 
 less than four feet from top of same and that an overhead bar 
 be provided for the men to hold to. In any shaft less than 
 three hundred and fifty feet deep where no safety cage, safety 
 crosshead or safety skip 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. Any person or persons, company or 
 companies, corporation or corporations or the managing agent 
 of any person or persons, company or companies, corporation 
 or corporations, violating the provisions of this section shall 
 be deemed guilty of a misdemeanor, and upon conviction 
 thereof shall be fined in the sum of five hundred dollars, or im- 
 prisonment in the county jail for a term of six months, or by 
 both such fine and imprisonment. 
 
 Approved March 26, 1913, pp. 422, 423. 
 
 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 
 
MINING LAWS OF NEVADA 153 
 
 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- 
 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. 
 
 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 good 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- 
 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 
 
154 MINING LAWS OF NEVADA 
 
 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 
 board of 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. 
 
 LEGAL DAY'S WORK. 
 
 (Revised Laws 1912, Sees. 6554-6556.) 
 Eight Hours a Legal Day's Labor in Underground Mines. 
 Section 1. The period of employment of working men in all 
 
MINING LAWS OF NEVADA 155 
 
 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 smelt- 
 ers 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 to 
 work in an underground mine or other underground workings, 
 or in a smelter or any other institution or place for the reduc- 
 tion or refining of ores or metals for a period of time longer 
 than eight (8) hours during one day unless life and property 
 shall be in imminent danger shall be guilty of a misdemeanor 
 and upon conviction thereof shall be punished by a fine of not 
 less than one hundred ($100) dollars, nor more than five hun- 
 dred ($500) dollars, or imprisonment in the county jail not 
 more than six months, or by both such fine and imprisonment. 
 
 HOURS IN OPEN-CUT WORK. 
 
 Revised Laws 1912, Sees. 6557-6558.) 
 
 Eight Hours a Day's Work in Certain Mines. 
 
 Section 1. The period of employment of working men in 
 open-pit and open-cut mines shall not exceed eight (8) hours 
 in any twenty-four (24) hours, except in cases of emergency 
 where life or property is in imminent danger. 
 
 Penalty for Violation. 
 
 Sec. 2. Any person who violates any provisions of section 
 one of this Act, or any person, persons, corporation, employer, 
 or his agent, who hires, contracts with, or causes any person 
 to labor in any open-pit or open-cut mines, for a period of 
 time longer than eight (8) hours within any twenty-four hours, 
 except in cases of emergency where life or property is in immi- 
 nent danger, shall be guilty of a misdemeanor, and upon con- 
 viction thereof shall be punished by a fine of not less than 
 one hundred dollars ($100) or more than five hundred dollars 
 ($500), or by imprisonment in the county jail for not more 
 than six months, or by both such fine and imprisonment. 
 
 MINERAL LAND COMMISSIONER. 
 
 (Revised Laws 1912, Sees. 4141-4147.) 
 This law provides that Attorney-General shall be ex-officio 
 
156 MINING LAWS OF NEVADA 
 
 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. Also 
 Chapter 213, Session 1915. 
 
 TAXATION. 
 
 For the laws of taxation on proceeds of mining claims see 
 Revised Laws of 1912, Sees. 3699, etc. 
 
 EMINENT DOMAIN. 
 
 For what purposes right of eminent domain may be used 
 (See Revised Laws of 1912, Sees. 5606, etc. 
 
 INSPECTOR OF MINES. 
 
 (Revised Laws 1912, Sees. 4198 etc.) 
 
 Inspector of Mines Created. 
 
 Section 1. The office of Inspector of Mines for the State of 
 Nevada is hereby created. 
 
 Salary and Expenses Term of Office Bond. 
 
 Sec. 2. The Inspector of Mines shall receive as full compen- 
 sation for his services a salary of thirty-six hundred ($3,600) 
 dollars per annum and his necessary traveling expenses when 
 traveling in the discharge of his official duties, not to exceed 
 eighteen hundred ($1,800) dollars per annum, and all necessary 
 expenses for clerk hire, postage, stationery, printing and other 
 office expenses, not to exceed twelve hundred ($1,200) dollars 
 per annum ; and such compensation and expenses shall be paid 
 as the salary and expenses of other State officers are paid. He 
 shall hold his office for the term of two years, or until his suc- 
 cessor is selected and qualified. Before entering upon the dis- 
 charge of his duties, as such Inspector of Mines, he shall file 
 an official bond in the sum of ten thousand ($10,000) dollars, 
 conditioned for the faithful performance of the duties of his 
 office, in form and manner as other official bonds of State 
 officers. 
 
 (Sec. 43 of this fixes term of office 4 years) 
 
 Not to be Connected With Any Mining Corporation Form of 
 Oath. 
 
 Sec. 3. The Inspector of Mines shall not at the time of his 
 appointment, or at any time during the term of his office, be 
 an officer, director or employee in or of any mining corpora- 
 tion in this State, or in or of any milling corporation in the 
 State engaged in the business of smelting or reducing ores, 
 and each Inspector and deputies shall, and each of them, have 
 had at least seven years' actual experience in underground 
 
MINING LAWS OF NEVADA 157 
 
 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 of- 
 fice, and shall take and subscribe to the following oath : 
 
 STATE OF NEVADA, ) 
 County of J k 
 
 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 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 de- 
 determining the condition of such mines as to safety, and said 
 inspector of mines shall post or cause to be posted, in a promi- 
 nent place upon the gallows-frame or other superstructure at 
 the collar of the main workings of such mine, a copy of his 
 recommendations within twenty-four hours from the date of 
 such examination, and it shall be the duty of the inspector of 
 mines 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 au- 
 thority at all hours, to enter and examine any and all mines 
 
158 MINING LAWS OF NEVADA 
 
 in this State, and shall have the right to enter into any and 
 all mine stopes, levels, winzes, tunnels, shafts, drifts, cross-cuts, 
 workings and machinery for the purpose of such examination ; 
 and the owner, lessor, lessee, agent, manager or other p-erson 
 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 pro- 
 vided, 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 ; and in case of any criminal or civil 
 proceedings 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 served by the Inspector shall be 
 prima facie evidence of the culpable negligence 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 
 conditions in which the mines were found, the manner and 
 method of working, the extent to which the laws are obeyed, 
 and what recommendations, if any, were ordered by the In- 
 spector. It is hereby made the duty of the owner, lessor, les- 
 see, agent, manager or other person in charge of each and ev- 
 ery 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 employed 
 and the estimated maximum number of men to be employed 
 therein during the ensuing year, the method of working 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 information relative to 
 such mine as the Inspector of Mines may from time to time re- 
 quire for his guidance in the proper discharge of his official 
 duties. 
 
MINING LAWS OF NEVADA 159 
 
 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- 
 our 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 complaint, 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, man- 
 ager, 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 adminis- 
 tration 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, man- 
 ager, or other person in charge of any mine or workings, noti- 
 fied 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 immediately commence 
 action in the name of the State against the party so notified 
 for the enforcement of the penalty mentioned 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 dan- 
 
 erous condition of his mine, promptly to comply with the re- 
 
160 MINING LAWS OF NEVADA 
 
 quirements 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 commence 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 com- 
 petent 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 In- 
 spector who shall receive a salary not to exceed two hundred 
 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 veri- 
 fied statements shall be placed in the hands 'of the Inspector, 
 or Deputy Inspector, upon the demand of such officer. When- 
 ever any Deputy Inspector is present at any Coroner's inquest 
 and assists in the examination, he shall, at the conclusion there- 
 of, at once prepare and forward to the Inspector a full and de- 
 tailed report of the accident, giving all information obtainable 
 regarding the same. 
 
 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 
 
MINING LAWS OF NEVADA 161 
 
 year, the nature and cause of the same, together with the per- 
 sons 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, buck- 
 ets, ropes and chains used in the mines; also the appliances 
 used for the extinguishment 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 character 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 com- 
 plied 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 own- 
 ers 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. 
 
 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 
 
162 MINING LAWS OF NEVADA 
 
 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. 
 
 By Act of 1911 new sections 14 to 43, both inclusive, were 
 added to this Act. They provide for storage of powder in 
 mines, compartment shafts, dead timbers, sign boards, gaso- 
 line, bell signals, safety appliances, etc. Too long for this 
 book. See page 403, 1911 Session Laws of Nevada and 1913 
 Session Laws, p. 315. Large poster with mine bell signals print- 
 ed thereon can be obtained by writing to Inspector of Mines, 
 Carson City, Nevada. 
 
 FALSE DATE ON LOCATION NOTICE. 
 
 (Revised Laws 1912, Sec. 6675.) 
 
 An Act approved March 29, 1907, makes it a felony to ante- 
 date or put any false date, or date other than the one on which 
 location is made, on any location notice. 
 
 FALSE STATEMENT REGARDING ORE. 
 
 (Revised Laws 1912, Sec. 6710.) 
 
 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 manner 
 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. 
 
MINING LAWS OF NEVADA 163 
 
 ACTIONS FOR TITLE AND POSSESSION. 
 
 (Revised Laws 1912, Sees. 5526, 5203.) 
 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, 
 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- 
 cifer 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. 
 
164 MINING LAWS OF NEVADA 
 
 FEE FOR RECORDING PROOF OF LABOR. 
 
 (Revised Laws 1912, Sec. 2046.) 
 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: Fifty cents 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; 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.) 
 
 An Act relating to mines and mining and requiring the keeping 
 open of passageways connecting contiguous mines and giv- 
 ing the right to use the outlet through such contiguous 
 mines in case of necessity and providing a penalty for vio- 
 lation thereof. 
 
 Approved March 11, 1913, p. 53. 
 
 Section 1. It shall be unlawful for any owner, operator or 
 person in charge of any mine to place or cause to be placed any 
 bulkhead or door in any passageway connecting contiguous 
 mines or to refuse to allow the right of use of such outlet 
 through such contiguous mine in case of an accident ; provided, 
 that nothing in this Act shall prevent the maintaining of a 
 door in such connection which can be quickly opened or readily 
 broken in case of an accident. 
 
 Sec. 2. In all passageways connecting contiguous mines 
 where a door or doors have been erected necessary tools for 
 opening the same shall be kept in a conspicuous place near said 
 doors and not removed for any purpose whatever other than 
 as specified in this Act. 
 
 Sec. 3. Any owner, operator or person in charge of any mine 
 who violates any of the provisions of this Act shall be guilty 
 of a misdemeanor, and upon conviction thereof shall be pun- 
 ished by a fine of not less than one hundred nor more than five 
 hundred dollars or by imprisonment in the county jail for not 
 less than thirty days nor more than six months, or by both such 
 fine and imprisonment ; and each and every day that such own- 
 er or operator may continue to violate any of the provisions 
 
MINING LAWS OF NEVADA 165 
 
 of this Act shall be considered a separate offense and shall be 
 punishable as such. 
 
 Sec. 4. That the words "person," "operator," "owner," 
 and "person in charge," wherever used in this Act shall be 
 deemed to include corporations and associations existing under 
 or authorized by the laws of either the United States, the laws 
 of the Territories, the laws of any State, or the laws of any 
 foreign country. 
 
 An Act relating to the equipping of machinery used for boring 
 or drilling holes in stopes and raises with water- jets or 
 sprays or other means to prevent the escape of dust, com- 
 pelling the use of same, and providing a penalty for vio- 
 lation thereof. 
 
 Approved March 17, 1913, pp. 167, 168. 
 
 Section 1. It shall be unlawful for any owner, operator or 
 person in charge of any underground mine to cause to be drill- 
 ed or bored by machinery a hole or holes in any stope or raise 
 in ground that causes dust from drilling, unless said machin- 
 ery is equipped with a water-jet or spray or other means 
 equally efficient to prevent the escape of dust ; provided, that 
 when water- jets or sprays are used water free from pollution 
 with organic or other noxious matter shall be furnished. 
 
 Sec. 2. Where machinery used for drilling or boring holes 
 in stopes or raises is equipped as required by section 1 of this 
 Act, it shall be unlawful for any person or persons to drill or 
 bore a hole in said stope or raise without using said appliance 
 for the prevention of dust. 
 
 Sec. 3. Any person who violates either of the two preceding 
 sections, or any owner, operator or person in charge of any 
 underground mine who hires, contracts with or causes any per- 
 son to violate the two preceding sections shall be guilty of a 
 misdemeanor, and upon conviction thereof shall be punished 
 by a fine of not less than one hundred dollars, nor more than 
 five hundred dollars, or by imprisonment in the county jail not 
 more than six months, or by both such fine and imprisonment. 
 
 Sec. 4. That the words "person," "operator," "owner," 
 and "person in charge," wherever used in this Act shall be 
 deemed to include corporations and associations existing under 
 or authorized by the laws of either the United States, the laws 
 of the Territories, the laws of any State, or the laws of any 
 foreign country. 
 
 Sec. 5. This Act shall take effect and be in full force from 
 and after ninety days next following its passage and approval. 
 
166 MINING LAWS OF NEVADA 
 
 An Act to require the sprinkling of dusty ore and rock in mines 
 and ore-houses, compelling 1 the installation of devices there- 
 for, and providing a penalty for violation thereof. 
 Approved March 24, 1913, p. 305. 
 
 Section 1. Every corporation, company, owner or operator 
 of a mine in this State shall equip all chutes from which dusty 
 ore or rock is taken with a sprinkler or other device with which 
 to effectively dampen said ore or rock to prevent the escape of 
 dust into the air during removal, providing that whenever in 
 the opinion of the Inspector of Mines the installation of said 
 device in any property is impracticable he shall have the power 
 to exempt such property. 
 
 Sec. 2. Whenever a sprinkling device is installed at any 
 chute for the purpose of preventing the escape of dust it shall 
 be so placed that it can be operated by the workman loading 
 cars from such chute. 
 
 Sec. 3. Every ore-house where dusty ore or rock is sorted 
 shall be supplied at all times with suitable clean water, which 
 shall be used for the purpose of sprinkling said ore or rock to 
 allay the dust. Nothing in this Act shall apply to mines em- 
 ploying less than ten men or to chutes that are loaded in the 
 open air. 
 
 Sec. 4. Any corporation, company, owner or operator who 
 fails or refuses to install the sprinkling or watering device 
 hereinabove provided for shall be guilty of a misdemeanor, and 
 upon conviction thereof shall be punished by a fine of not less 
 than one hundred dollars nor more than five hundred dollars, 
 or by imprisonment in the county jail not more than six months, 
 or by both such fine and imprisonment. 
 
 Sec. 5. This Act shall take effect and be in full force from 
 and after ninety days next following its passage and approval. 
 
 An Act requiring all persons employed in underground mines 
 or in handling explosives to be able to speak and read the 
 English language, and providing penalties for the violation 
 of this Act. 
 
 Approved April 1, 1913, p. 569. 
 
 Section 1. It shall be unlawful for any person, firm or cor- 
 poration to employ in any underground mine in the State of 
 Nevada, or in the handling of explosives either in underground 
 mines or surface mine workings in the State of Nevada, any 
 person or persons who cannot clearly speak and readily under- 
 stand the English language, or who cannot readily read and 
 understand any sign, notice or list of rules, or directions, print- 
 ed in the English language in regard to rules of safety in said 
 underground mine, or in the handling of said explosives. 
 
 Sec. 2. Any person, firm or corporation, violating any of 
 
MINING LAWS OF NEVADA 167 
 
 the provisions of this Act shall be deemed guilty of a misde- 
 meanor, and upon conviction thereof shall be punished by a 
 fine of not less than one hundred ($100) dollars, nor more than 
 five hundred ($500) dollars, or by imprisonment in the county 
 jail for not more than six months, or by both such fine and im- 
 prisonment. 
 
 Sec. 3. This Act shall take effect January 1, 1914. 
 
 DRINKING WATER. 
 
 An Act requiring that suitable drinking water, etc. * * be fur- 
 nished in underground workings. 
 
 (Approved March 8, 1915. Chapter 73.) 
 
 Section 1. Every corporation, company, owner, or operator 
 of a mine or underground workings in this state employing 
 more than five men, shall, during working hours, provide suit- 
 able receptacles containing fresh, clean water for drinking 
 purposes at places convenient to where men are employed in 
 said underground workings. Said receptacles shall be sup- 
 plied with a substantial cover which may be securely fastened 
 or locked to prevent dust or dirt fro mentering therein, and 
 shall be so made that the water shall be drawn from a valve or 
 faucet. 
 
 Sec. 2. It shall be the duty of the state inspector of mines 
 to enforce the provisions of this act. 
 
 Sec. 3. Any corporation, company, owner, or operator who 
 fails, neglects, or refuses to obey the provisions of this act 
 shall be guilty of a misdemeanor, and upon conviction thereof 
 shall be punished by a fine of not less than one hundred nor 
 more than five hundred dollars, or by imprisonment in the 
 county jail for not more than six months, or by both such fine 
 and imprisonment. 
 
 ASSESSMENT OF PATENTED MINES. 
 
 Chap. 206 An Act to provide for the assessment of patented 
 mines, and to repeal all acts and parts of acts in conflict 
 herewith. 
 
 (Approved March 24, 1915.) 
 
 Definition of Term "Patented Mine." 
 
 Section 1. The term "patented mine," where hereinafter 
 used in this act, shall be taken and deemed to mean each, sep- 
 arate, whole, or fractional patented mining location, whether 
 such whole or fractional mining location be covered by an 
 independent patent or be included under a single patent with 
 other mining locations. 
 
168 MINING LAWS OF NEVADA 
 
 Patented Mines, Assessment of Exception. 
 
 Sec. 2. Each patented mine shall be assessed at not less 
 than five hundred ($500) dollars, except where one hundred 
 ($100) dollars in labor has been actually performed upon such 
 patented mine during the calendar year for which assessment is 
 levied or where bond and statement of intent to perform such 
 labor has been properly filed and approved as provided in sec- 
 tion 5 of this act, in addition to the tax on the net proceeds. 
 
 Assessor to Assess All Patented Mines. 
 
 Sec. 3. The county assessor shall assess each patented mine 
 in his county at not less than five hundred ($500) dollars and 
 return the said assessment as is now required by law. 
 
 Board of Equalization to Strike from Rolls, When. 
 
 Sec. 4. At the next succeeding session of the county board 
 of equalization, or of any state board or commission now in 
 existence, or that may hereafter be created by law for the pur- 
 pose of equalizing property values, the owner of any such 
 patented mine may appear before either of said boards in per- 
 son or by an agent or attorney, and on presenting to either of 
 said boards an affidavit that at least one hundred ($100) dol- 
 lars in labor has been actually performed upon said patented 
 mine during the calendar year for which assessment is levied, 
 the board to whom presentation is made shall strike from the 
 roll the assessment against the patented mine named in such 
 affidavit. 
 
 May File Declaration of Intent to Perform Labor. 
 
 Sec. 5. The owner or controller of patented mines on which 
 one hundred ($100) dollars in labor has not been performed at 
 the time of the meeting of the county board, or any duly 
 authorized state board or commission, may declare by properly 
 executed affidavit to either of such boards his intention of 
 performing such labor before the expiration of the then current 
 calendar year; and upon filing such affidavit, together with a 
 good and sufficient bond in the sum of one hundred ($100) 
 dollars for each patented mine to which the declaration of 
 intent is applied (which bond must be acceptable to and 
 approved by the county board of equalization, or any duly 
 authorized state board or commission, as the case may be), the 
 board than sitting may order such patented mine or mines 
 stricken from the roll. 
 
 To File Proof of Labor After Declaration of Intent. 
 
 Sec. 6. The owner or controller of patented mines in favor 
 of which bond and declaration of intent has been filed in 
 accordance with the preceding section shall, on or before the 
 tenth day of January of the next year succeeding the calendar 
 year for which assessment has been levied, file with the board 
 

 MINING LAWS OF NEVADA 169 
 
 with which bond and declaration of intent was originally filed, 
 an affidavit that at least one hundred ($100) in labor has- 
 been actually performed upon each patented mine covered by 
 such bond and declaration of intent during the calendar year 
 for which assessment was levied. Upon the filing of such 
 affidavit of labor the bondsmen shall be released. Upon the 
 refusal or neglect to file such affidavit within the time limit 
 prescribed by this section, the county board of equalization, or 
 the state board or commission, as the case may be, shall declare 
 the bond forfeited and may proceed to collect the full amount 
 thereof in an action at law, which action shall be prosecuted 
 by the district attorney or attorney-general. 
 
 Affidavit of Labor Required Form. 
 
 Sec. 7. The affidavit of labor required by this act shall par- 
 ticularly describe the work performed, and upon what portion 
 of said mine, and when and by whom done, and may be sub- 
 stantially in the following form : 
 
 State of Nevada, County of , ss. 
 
 , being first duly sworn, on oath de- 
 poses and says : That at least one hundred ($100) dollars 
 
 worth of work or labor was performed up the 
 
 patented mine , situated in the 
 
 mining district, county of , State of 
 
 Nevada, during the calendar year 19 Such labor was 
 
 done at the expense of , the owner (or 
 
 one of the owners) of said patented mine, for the purpose of 
 relieving the same from the assessment. Said labor was per- 
 formed by at about feet in a 
 
 direction from the location monument, and was 
 
 done between the day of , 19 . . . , 
 
 and the day of , 19 . . . , and con- 
 sisted of the following work : . . 
 
 Subscribed and sworn to before me this day of 
 
 , A. D. 19.... 
 
 Notary Public. 
 
 (Or other officer authorized to administer oaths.) 
 
 Affidavit Made by Owner or Agent. 
 
 Sec. 8. Such affidavit may be made by the owner or agent 
 of the owner, or person performing the labor, or by any person 
 familiar with the facts, on behalf of the owner. 
 
 Contiguous Mines. 
 
 Sec. 9. The owner of two or more contiguous patented 
 mines may perform all work required by article X of the con- 
 stitution of this state upon one mine only ; provided, the aggre- 
 gate amount of such work shall be equal to one hundred ($100) 
 dollars for each of such contiguous patented mines. 
 
170 MINING LAWS OF NEVADA 
 
 Affidavit Filed. 
 
 Sec. 10. All such affidavits shall be filed and retained in 
 the office of the county clerk. 
 
 One Affidavit May Include Several Properties. 
 
 Sec. 11. A single affidavit may be filed for the labor on 
 several patented mines belonging to the same person or held 
 in common ownership, provided all are located in the same 
 county. 
 
 Repealing Section. 
 
 Sec. 12. An act entitled "An act supplemental to an act 
 entitled 'An act to provide revenue for the support of the 
 government of the State of Nevada, and to repeal certain acts 
 relating thereto, approved March 23, 1891," approved March 
 12, 1913, and all other acts and parts of acts in conflict here- 
 with, are hereby repealed. 
 
 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 , 19 . . . , 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 19. ... 
 
 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 dis- 
 covery, which notice must contain: First The name of the lode or claim. Sec- 
 ond 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. 
 
MINING LAWS OF NEVADA 171 
 
 NEVADA 
 LOCATION CERTIFICATE. LODE CLAIM. 
 
 We, , being 
 
 native born citizens of the United States, hereby declare : 
 
 That on the day of , 19. . ., 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 veinf , and hundred feetf 
 
 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 , 19.. 
 
 NOTE. fHere put in North, South, East or West, as the 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. 
 
172 
 
 MINING LAWS OF NEVADA 
 
 o 
 
 a> 
 
 so 
 
 Monument 
 
 O" 
 
 1 
 
 1 10 
 
 E 
 
 300 ft. O * SOO ft. 
 
 _, 
 
 End 
 
 Monument 
 
 I! 
 
 This diagram is to give locator a general idea of plan of 
 location. 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, giv- 
 ing 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 reference to some natural 
 object, or permanent monument, as will identify the claim. 
 
MINING LAWS OF NEVADA 173 
 
 NEVADA 
 NOTICE OF LOCATION OF PLACER CLAIM. 
 
 Notice is hereby given, That , 
 
 citizen . . of the United States, h . . . this day of 
 
 , 19. . . , 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, Nevada, to-wit : * 
 
 of section , Township , Kange 
 
 , containing acres. t Said claim is 
 
 hereby named Placer Claim. Said claim 
 
 is marked upon the ground as follows : J 
 
 This notice is posted on a mound of rocks at the point of 
 discovery, situated 
 
 Dated and posted on the ground, this. . . .day of , 19. . .. 
 
 Locator. 
 
 *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 conform to 
 that contained in the final certificate or 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. 
 
 Here 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 days from the discovery; and the locator is allowed thirty days to 
 mark his location on the ground. Within sixty days the locator must do work 
 upon this claim to the amount of at least $20, and file an affidavit with the county 
 recorder showing such performance. 
 
 AFFIDAVIT OF ANNUAL LABOR. 
 For this form use same as given for Arizona ante. 
 
Horace N. Taylor 
 
 CIVIL ENGINEER AND 
 UNITED STATES 
 GOVERNMENT 
 MINERAL SURVEYOR 
 
 You will need his services when you want to 
 secure a patent to your Mining locations 
 
 1020 Marsh-Strong Bldg., Los Angeles, Cal. 
 Phones Main 261 Home 10503. 
 
 MARK WALKER, B. S. 
 
 CHEMIST, ASSAYER 
 and METALLURGIST 
 
 Formerly Territorial Assayer, Arizona 
 Prices and Discounts on Application 
 
 Home Phone: A 3289 
 
 211 West First Street, Los Angeles, California 
 
OREGON MINING LAWS 
 
 As Contained in "Lord's Oregon Laws" and Amendments 
 Relating to Mines and Mining to May 1, 1911. See also 
 U. S. Laws. 
 
 (All section numbers refer to "Lord's Oregon Laws." 
 
 CONSTITUTIONAL PROVISION. 
 
 Chinamen Not to Hold Real Estate or Work Mining Claims. 
 
 No Chinaman, not a resident of the State at the adoption 
 of this constitution, shall ever hold any real estate or mining 
 claim, or work any mining claim therein. 
 
 The legislative assembly shall provide by law in the most 
 effectual manner for carrying out the above provision. (Art. 
 XV, Or. Const.) 
 4 Saw. 28. 
 
 PENAL LAWS. 
 
 Malicious Injury to Water Ditch, Reservoir, etc. Penalty. 
 
 Sec. 1975. If any person shall maliciously, wantonly, or 
 willfully cut, break down, injure, destroy, or remove any water 
 ditch, canal, flume, trench, pipe, or reservior, or any other 
 thing used for conveying, receiving, or holding water used or 
 designed for mining, irrigating, manufacturing, or domestic 
 purposes ; or any dam, reservoir, gate, flume, flashboard, or other 
 appurtenance used or designed for any of said purposes, or 
 any wheel, wheel gear, or machinery of any mill or manufactory 
 or machinery used for pumping water for any of said purposes, 
 or shall maliciously or without color of right obstruct, draw 
 off, or use any portion of the water flowing through or con- 
 tained in such water ditch, canal, trench, pipe, dam, or reser- 
 voir, or any mill pond or other receptacle used for containing 
 such water, said person, upon conviction thereof, shall be pun- 
 ished by a fine of not less than $10 nor more than $500. 
 L. 1905, p. 255, Sec. 1. 
 
 Mining Claim Monuments, Injury to Penalty. 
 
 Sec. 1981. If any person or persons shall willfully and 
 maliciously deface, remove, pull down, injure, or destroy any 
 location stake, side post, corner post, landmark, or monument, 
 or any other legal land boundary monument in this State, 
 designating or intending to designate the location boundary or 
 name of any mining claim, lode, or vein of mineral, or the 
 name of the discoverer, or date of discovery thereof, the per- 
 son or persons so offending shall be guilty of a misdemeanor, 
 and on conviction thereof shall be punishable by a fine of not 
 more than five hundred dollars ($500), or by imprisonment in 
 
176 MINING LAWS OF OREGON 
 
 the county jail for a period of not more than six months, or 
 by both such fine and imprisonment, in the discretion of the 
 court; provided, that this act shall not apply to abandoned 
 property. 
 
 L. 1901, p. 175, Sec. 1. 
 
 Trespass on Mining Claims Penalty. 
 
 Sec. 1989. Any person who shall break or rob in any man- 
 ner, or who shall attempt to break or rob, any flume, rocker, 
 quartz mill, quartz vein, or lode, bed rock sluice, sluice box, 
 or mining claim not his own, or who shall trespass upon such 
 mining claim with the intent to commit a felony, shall, upon 
 conviction thereof, be punished by imprisonment in the peni- 
 tentiary of this State not less than one nor more than five 
 years, or by fine not less than one hundred dollars nor more 
 than one thousand dollars, or by both such imprisonment and 
 fine, as the court or judge thereof may direct. 
 L. 1872, p. 24, Sec. 1. 
 
 Disposing of Liquor Near Mine Unlawful. 
 
 Sec. 2139. It shall be unlawful for any person or persons 
 to sell or in anywise dispose of any spirituous or malt or in- 
 toxicating liquors upon or within one mile of any quartz or 
 placer mine in active operation within this State; provided, 
 that this act does not apply to incorporated cities and towns. 
 
 L. 1901, p. 292, Sec. 1. 
 Penalty for Offenses Under Preceding Section. 
 
 Sec. 2140. Any person or persons violating the provisions 
 of this act shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof shall be fined in any sum not less than fifty 
 dollars nor more than two hundred dollars, and each and every 
 day that any person or persons shall sell or dispose of any 
 liquors contrary to any provisions of this act shall constitute 
 a separate offense, and shall be punished accordingly. 
 L. 1901, p. 292, Sec. 2. 
 
 MINING ON LANDS BELONGING TO STATE OF OREGON. 
 
 (Chapter II,Title XXXI of " Lord's Oregon Laws," Sections 
 3878 to 3900, provide for State Land Board and Sale and Lease 
 of State Lands at Sec. 3900 commences law for leasing of such 
 lands containing mineral.) 
 
 State Land Board May Make Mining Leases on State Lands. 
 
 Sec. 3900. The State Land Board is hereby authorized to 
 execute leases and contracts for the mining of gold, silver, 
 copper, lead, cinnabar, or other valuable minerals from any 
 lands which the State now owns and to which it may hereafter 
 acquire title, and shall make such rules and regulations as 
 may be necessary in carrying out the provisions of this act. 
 L. 1907, p. 214. 
 
MINING LAWS OF OREGON 177 
 
 Finder of Mineral May Make Application. 
 
 Sec. 3901. Any citizen of the United States finding precious 
 minerals upon any unsold lands of the State of Oregon, may 
 apply to the State Land Board for a lease of any amount of 
 land not to exceed the amount and dimensions allowed by the 
 mining laws of .the State and the United States. 
 L. 1907, p. 214. 
 
 Mineral Claim on State Land, How Located. 
 
 Sec. 3902. The manner of locating a mineral claim upon 
 State land shall be in accordance with the laws of the State 
 regulating the location of mineral claims on government lands ; 
 provided, that any citizen or citizens who may have found 
 minerals on unsold State lands previous to the passage of this 
 act, and posted notices in accordance with the mining laws of 
 the State of Oregon and the United States, shall have prefer- 
 ence right to lease the same, and shall have ninety (90) days 
 after the passage of this act, in which to make application to 
 the State Land Board for such lease. 
 L. 1907, p. 214. 
 
 Lease for Development Conditions. 
 
 Sec. 3903. For the purpose of developing such mine or 
 mines, the applicant shall, upon payment of $25, receive from 
 the State Land Board a lease for two years; provided, how- 
 ever, that no more than five tons of ore shall be removed from 
 the premises for assaying or testing purposes until a contract 
 shall have been executed, as hereinafter provided. 
 L. 1907, p. 214. 
 
 Lessee May Use Timber on Premises. 
 
 Sec. 3904. The lessee may cut and use the timber found 
 upon said premises for fuel, and in the construction of build- 
 ings required in the operation of any mine, or mines, on the 
 premises, also the timber necessary for drains, tramways and 
 supports for such mine, or mines, but for no other purpose. 
 L. 1907, p. 214. 
 
 Contract With Lessee or Assignee. 
 
 Sec. 3905. Any time prior to the expiration of said lease, 
 the lease holder or any assignee thereof, shall have the right 
 to obtain from said State Land Board a contract, which shall 
 bind the State of Oregon as a party of the first part, and the 
 person or persons, or corporations, to whom said contract shall 
 issue, as party of the second part, in a mutual observance of 
 such obligations, terms, and conditions as may be agreed upon 
 by said State Land Board and the said lessee. 
 L. 1907, p. 214. 
 
 Lease and Payments Forfeited for Fraud. 
 
 Sec. 3906. When the lessee commits fraud, the penalty shall 
 
178 MINING LAWS OF OREGON 
 
 be the forfeiture of the mine, or mines, and all property per- 
 taining thereto, and all moneys paid thereon. 
 L. 1907, p. 215. 
 
 Waste or Trespass on State Lands Penalty. 
 
 Sec. 3907. (This section provides penalty for waste or tres- 
 pass on State lands see "Lord's Oregon Laws," Vol. 2, p. 
 1541.) 
 
 (Note. Persons desiring to lease mining lands belong- 
 ing to the State of Oregon should correspond with State 
 Land Board, Salem, Oregon, with regard thereto.) 
 
 HOURS OF LABOR. 
 
 Hours of Labor in Underground Mines. 
 
 Sec. 5058. No person who operates any underground mine 
 yielding gold or silver or copper or lead, or other metal shall 
 permit or require any person to work in such underground 
 mine for more than eight hours in any twenty-four hours, and 
 the hours of employment in such employment or work day 
 shall be consecutive excluding, however, any intermission of 
 time for lunch or meals; but, in the case of emergency, where 
 life or property is in imminent danger, persons may work in 
 such underground mines for a longer time during the con- 
 tinuance of the exigency or emergency. This act shall not 
 apply to mines in their first stages of development, such as 
 tunnel work to a length of 200 feet, or shaft work to a depth 
 of 150 feet, or to any surface excavation. 
 
 L. 1907, p. 311. 
 Penalty for Violations. 
 
 Sec. 5059. Any person, persons, body corporate, general 
 manager or employer who shall violate, or cause to be violated 
 any of the provisions of section 5058 of this act, shall be deemed 
 guilty of a misdemeanor and, upon conviction, shall be pun- 
 ished by a fine of not less than $50, nor more than $300, or 
 by imprisonment of not less than thirty days, nor more than 
 three months. And the court shall have discretion to impose 
 both fine and imprisonment as herein provided. 
 L. 1907, p. 311. 
 
 MINING CLAIMS. 
 
 Mining Claims, Plurality of When and to What Extent 
 Allowed. 
 
 Section 5127. Any person may hold one claim by location, 
 as hereinafter provided, upon each lead or vein, and as many 
 by purchase as the local laws of the miners in the district 
 where such claims are located may allow; and the discoverer 
 of any new lead or vein not previously located upon shall be 
 allowed one additional claim for the discovery thereof; noth- 
 ing in this section shall be so construed as to allow any per- 
 
MINING LAWS OF OEEGON 179 
 
 son not the discoverer to locate more than one claim upon 
 any one lead or vein. 
 
 L. 1864, p. 813, Sec. 3. 
 Location of Claim Notice, What to Contain Boundaries, 
 
 How Marked. 
 
 Sec. 5128. Any person, a citizen of the United States, or 
 one who has declared his intention to become such, who dis- 
 covers a vein or lode of mineral-bearing rock in place upon 
 the unappropriated public domain of the United States within 
 this State, may locate a claim upon such vein or lode so dis- 
 covered by posting thereon a notice of such discovery and 
 location, which said notice shall contain: first, the name of 
 the lode or claim ; second, the name or names of the locator or 
 locators; third, the date of the location; fourth, the number 
 of linear feet claimed along the vein or lode each way from 
 the point of discovery, with the width on each side of the 
 said lode or vein ; fifth, the general course or strike of the vein 
 or lode as nearly as may be, with reference to some natural 
 object or permanent monument in the vicinity thereof, and by 
 defining the boundaries upon the surface of each claim so that 
 the same may be readily traced. Such boundaries shall be 
 marked within thirty days after posting such notice by six 
 substantial posts, projecting not less than three feet above the 
 surface of the ground, and not less than four inches square 
 or in diameter, or by substantial mounds of stone, or earth 
 and stone, at least two feet in height, to-wit: one such post 
 or mound of rock at each corner and at the center ends of 
 such claims. 
 
 L. 1898, p. 16, Sec. 1 ; L. 1901, p. 140, Sec. 1. (Amending, 
 see Sec. 5140.) 
 
 Mineral land that has been regularly located and has for many years been 
 in possession of persons claiming to own it is not public land subject to location. 
 Risch v. Wiseman, 36 Or. 484, 59 Pac. 1111. 
 
 The discoverer of a lode must, in the absence of some local rule of miners 
 or legislative regulation allowing time for exploration, immediately locate his claim 
 by distinctly marking same on the ground so that his boundaries can be readily 
 ascertained. Patterson v. Tarbell, 26 Or. 29, 37, Pac. 76. 
 
 Where a discoverer proceeds diligently to complete his location by marking 
 his boundaries and otherwise complying with the law he will be protected in his 
 right as against a subsequent locator of the same ground; but where he does 
 not so proceed, if his location is not completed, he will not be so protected. Patter- 
 son v. Tarbell, 26 Or. 33, 37 Pac. 76. 
 
 As to the right of an alien to inherit a mining claim located upon govern- 
 ment lands. Lohmann v. Helmer, 104 Fed. 178. 
 
 Recording Copy of Notice Location Work. 
 
 Sec. 5129. Such locator shall, within sixty days from and 
 after the posting of the location notices by him upon the lode 
 or claim, file for record with the recorder of conveyances, if 
 there be one, who shall be the custodian of mining records 
 and miners' liens, otherwise with the clerk of the county 
 wherein the said claim is situated, a copy of the notice so posted 
 by him upon the lode or claim, having attached thereto an 
 affidavit showing that the work required to be done by sec- 
 tion 5130 has been done and performed, and shall pay to the 
 
180 MINING LAWS OF OEEGON 
 
 recorder or clerk a fee of one dollar for such record thereof, 
 which said sum the recorder or clerk shall immediately pay 
 over to the treasurer of such county and shall take his receipt 
 therefor, as in case of other county funds coming into the 
 possession of such officer. Such recorder or clerk shall im- 
 mediately record such location notice and the affidavit annexed 
 thereto. No location notice shall be entitled to record, or 
 recorded, until the work required by section 5130 has been 
 done and the affidavit in proof thereof is attached to the notice 
 to be recorded. 
 
 L. 1898, p. 17, Sec. 2; L. 1901, p. 140, Sec. 2. 
 
 Work on Claim, What Required and Within What Time. 
 
 Sec. 5130. Before the expiration of sixty days from the 
 date of the posting of the notice of discovery upon his claim 
 as aforesaid, and before recording the notice of location as 
 required by section 5129, the locator must sink a discovery 
 shaft upon the claim located to a depth of at least ten feet 
 from the lowest part of the rim of such shaft at the surface, 
 or deeper if necessary, to show by such work a lode or vein 
 of mineral deposit in place. A cut or crosscut or tunnel which 
 cuts the lode at a depth of ten feet, or an open cut at least 
 six feet deep, four feet wide and ten feet in length along the 
 lode from the point where the same may be in any manner 
 discovered, is equivalent to such discovery shaft. Such work 
 shall not be deemed a part of the assessment work required 
 by the Revised Statutes of the United States. The locator, 
 or some one for him who did work upon and has knowledge 
 of the facts relating to the sinking of the discovery shaft, 
 shall make and attach to the copy of the notice of location to 
 be recorded an affidavit showing the compliance by the locator 
 with the provisions of this section, which affidavit shall be 
 recorded with such copy of the location notice. 
 L. 1898, p. 17, Sec. 3; L. 1901, p. 141, Sec. 3. 
 
 Abandoned Claims Deemed Unappropriated Mineral Lands. 
 
 Sec. 5131. Abandoned claims shall be deemed unappropri- 
 ated mineral lands, and titles thereto shall be obtained as in 
 this act specified, without reference to any work previously 
 done thereon. 
 
 L. 1898, p. 17, Sec. 4. 
 
 Mining Claims Are Real Estate, 
 
 Sec. 5132. All mining claims, whether quartz or placer, 
 shall be real estate, and the owner of the possessory right 
 thereto shall have a legal estate therein within the meaning 
 of section 325. 
 
 L. 1898, p. 17, Sec. 5; L. 1899, p. 62, Sec. 1. 
 
 A mining claim being real estate, upon the death of the 
 owner passes at once to the heir. 
 
MINING LAWS OF OEEGON 181 
 
 Lohmann v. Helmer, 104 Fed. 178; Duffy v. Mix, 24 Or. 
 265, 33 Pac. 807; Allen v. Dunlap, 24 Or. 229, 33 Pac. 
 675 ; Herron v. Eagle Min. Co., 37 Or. 157, 61 Jac. 417. 
 Taxation, Claim Exempt From, Prior to Patent. 
 
 Sec. 5133. Prior to the obtaining of patent from the general 
 government of the United States to such claim, the same shall 
 be exempt from taxation, except as to the improvements, 
 machinery, and buildings thereon. 
 
 L. 1898, p. 17, Sec. 6. 
 Conveyances, Subject to Provisions Relating to Other Real 
 
 Property. 
 
 Sec. 5134. All conveyances of mining claims, or of interests 
 therein, either quartz or placer, shall be subject to the pro- 
 visions governing transfers and mortgages of other realty as 
 to execution, recordation, foreclosure, execution sale, and re- 
 demption thereunder, but such redemption by the judgment 
 debtor must take place within sixty days from date of con- 
 firmation, or such right is lost. 
 
 L. 1898, p. 17, Sec. 7. 
 Redemption, Amount Required to be Paid on. 
 
 Sec. 5135. In case of redemption from sale under judg- 
 ment or decree, the redemptioner shall pay such sum or sums 
 as are now required by law for redemption under execution 
 sale, and such additional sum as may have been expended upon 
 the property so redeemed by the purchaser under execution, 
 or his assigns, in order to keep alive the possessory right there- 
 to after such execution sale, not exceeding the sum of one 
 hundred dollars for each claim, with ten per centum interest 
 thereon from date of such expenditure or expenditures. 
 
 L. 1898, p. 18, Sec. 8. 
 
 Ditches and Mining Flumes Real Property Abandonment of. 
 Sec. 5136. Ditches and mining flumes, permanently affixed 
 to the soil, are hereby declared to be real estate ; provided, that 
 whenever any person, company, or corporation, being the own- 
 er of any such ditch, flume, and the water right appurtenant 
 thereto, shall cease to operate or exercise ownership over said 
 ditch, flume, or water right, for a period of five years, and every 
 person, company, or corporation who shall remove from this 
 State with the intent or purpose to change his or its residence, 
 and shall remain absent one year without using or exercising 
 ownership over such ditch, flume, or water right, shall be 
 deemed to have lost all title, claim, and interest therein. 
 
 L. 1898, p. 18, Sec. 9. Mattis v. Hosmer, 37 Or. 531, 535, 
 62 Pac. 17, 632. Ison v. Nelson Min. Co., 47 Fed. 202. 
 Dodge v. Harden, 7 Or. 457, 48 Or. 112. 
 Act Applies to Locations Subsequent to Last Day of Decem- 
 ber, 1898. 
 
 Sec. 5137. Any and all locations or attempted locations of 
 quartz mining claims within this State subsequent to the thir- 
 
182 MINING LAWS OF OREGON 
 
 ty-first day of December, 1898, that shall not comply and be 
 in accordance with the provisions of this act shall be null and 
 void. 
 
 L. 1898, p. 18, Sec. 10. 
 Grub Staking Contracts Must be in Writing Requirements of. 
 
 Sec. 5138. All contracts of mining copartnership, common- 
 ly known as "grub staking," shall be in writing, and filed for 
 record with the recorder of conveyances of the county wherein 
 locations thereunder are made. Such contracts must contain: 
 First the names of the parties thereto, and, Second the du- 
 ration thereof ; otherwise, such contracts shall be null and void. 
 
 L. 1898, p. 18, Sec. 11. 
 Mines, Location of, Subject to What Prior Right. 
 
 Sec. 5139. Any location of any mining claim made upon 
 any natural stream, or contiguous or near to any placer mine, 
 or upon or below the dump of any placer mine, shall be sub- 
 ject to the prior right of all mines in operation prior to the 
 making of such location, to discharge debris, gravel, earth, and 
 slickens as the same was discharged, or may be discharged, at 
 the time of making such subsequent location of mining claim 
 or claims. 
 
 L. 1901, p. 122, Sec. 1. 
 Defective Location Notice, How Cured. 
 
 Sec. 5140. If at any time the locator of any mining claim 
 heretofore or hereafter located, or his assigns, shall apprehend 
 that the original notice of location of said mining claim was 
 defective, erroneous, or that the requirements of the law had 
 not been complied with before the filing of the said notice, 
 such locator, or his assigns, may post and file for record in 
 the manner now provided by law, an amended notice of the 
 said location which shall relate back to the date of the original 
 location ; provided, that the posting and filing of such amended 
 notice of location shall not interfere with the existing rights 
 of others at the time of posting such amended notice of location. 
 
 L. 1905, p. 254, Sec. 1. (See Sees. 1981, 1989.) 
 Co-Owners of Mine May Perform Assessment Work. 
 
 Sec. 5141. Whenever any quartz or placer mines shall be 
 owned by one or more persons, companies, or corporations, or 
 when any person, company or corporation shall own any quartz 
 or placer mines, in common with any other person, company, 
 or corporation, any such person, company, or corporation own- 
 ing an interest in said mine or mines, whether said interest be 
 legal or equitable, shall have the right to perform the annual 
 assessment work required by the laws of the United States and 
 of the State of Oregon to be performed upon such mine or 
 mines; such work, when so performed, shall, when it complies 
 with the laws of the United States and of the State of Oregon, 
 protect such mine or mines from relocation. 
 
MINING LAWS OF OREGON 183 
 
 Notice and Demand Upon Delinquent Owners. 
 
 Sec. 5142. Upon the failure of any one of several co-owners 
 of such mine or mines to contribute his proportion of the expen- 
 ditures required in such assessment work, or to perform or pay 
 for his or their proportion thereof, the co-owner or co-owners of 
 such mine or mines who have performed or caused to be per- 
 formed the said labor or assessment work, may, at the expira- 
 tion of the year for which such assessment work was per- 
 formed, give such delinquent co-owner or co-owners notice that 
 the assessment work for said year has been performed, stating 
 by whom performed, and the amount of work performed, and 
 the dates between which the same was performed, together 
 with a statement of the amount due from said delinquent co- 
 owner or co-owners for his or their proportion of said assess- 
 ment work, and requiring said delinquent co-owner or co- 
 owners, within ninety days from the date of the service of 
 said notice, to pay to the co-owner or co-owners who performed 
 or caused to be performed such assessment work, his or their 
 proportion thereof. Such notice shall further state that if 
 such delinquent co-owner or co-owners shall fail or refuse to 
 contribute his or their proportion due for the said assessment 
 work, his or their interest in said mine or mines will become 
 the property of such co-owner or co-owners who have per- 
 formed or caused to be performed such assessment work. 
 
 Form and Service of Such Notice. 
 
 Sec. 5143. Such notice shall be in writing and signed by the 
 co-owner or co-owners who performed or caused to be performed 
 such assessment work, and shall be served upon said delinquent 
 co-owner or co-owners, personally, by the sheriff of the county 
 in which said mines are situate, if said delinquent co-owner or 
 co-owners be within said county. If said delinquent co-owner 
 or co-owners can be found in any other county within the 
 State of Oregon, then such notice shall be served by the sheriff 
 of such county in which said delinquent co-owner or co-owners 
 then are. If said delinquent co-owner or co-owners can not 
 be found within the State of Oregon, or if said delinquent 
 co-owner or co-owners be at the time of giving said notice 
 without the State of Oregon, then the service of said notice 
 shall be made by the publication thereof in the weekly news- 
 paper published in said county nearest to where said mines 
 are situate; if there be two or more papers published in said 
 county at the same distance from said mines, then the co-owner 
 or co-owners giving such notice may elect as to which paper 
 said notice shall be published in. If there be no weekly news- 
 paper published within said county, then service of said notice 
 shall be made by publication in any other weekly newspaper 
 within the State of Oregon, published nearest the said mines; 
 said notice shall be published at least once a week for a period 
 of ninety days from and after the first publication thereof. 
 
184 MINING LAWS OF OREGON 
 
 Return and Proof of Service. 
 
 Sec. 5144. If said notice shall be served by any sheriff 
 of this State, as herein provided, such sheriff shall make 
 return thereof by filing such notice with his return show- 
 ing such service with the county recorder for the county 
 within which such mine or mines are situate, if there 
 be a county recorder in said county; and, if not, he shall 
 file the same with the county clerk in such county in which 
 said mine or mines are situate. If personal service of such 
 notice cannot be had, as herein provided, proof of such service 
 shall be made by the filing with the county recorder of the 
 county in which said mine or mines are situate, if there be a 
 county recorder, and if there be no county recorder in said 
 county, then by filing with the county clerk of said county 
 said notice as published, attached to an affidavit, made by the 
 printer, foreman, or publisher of such newspaper, to the effect 
 that such newspaper is of general circulation throughout said 
 county, is published weekly, and that such notice was pub- 
 lished at least once a week in said newspaper for a period of 
 not less than ninety days from and after the first publica- 
 tion thereof. 
 Interest of Delinquent Co-Owners to Vest in Others. 
 
 Sec. 5145. That at the expiration of ninety days from the 
 date of the personal service of said notice upon said delinquent 
 co-owner or co-owners, or, if at the expiration of ninety days 
 from the date of the last publication of said notice, said delin- 
 quent co-owner or co-owners shall not have paid to the co- 
 owner or co-owners who performed or caused to be performed 
 such assessment work, his or their proportion thereof, then 
 the title to the interest of said delinquent co-owner or co- 
 owners in said mine or mines shall be immediately vested in 
 the co-owner or co-owners who performed or caused to be per- 
 formed such assessment work. 
 Co-Owners Performing Work to File Notice, etc. 
 
 Sec. 5146. The co-owner or co-owners who performed such 
 assessment work shall be entitled to file with the county re- 
 corder of the county where said mines are situate, or, if there be 
 no county recorder in said courty, then with the county clerk of 
 said county, his or their affidavit or affidavits to the effect that 
 said payment has not been made; and upon the filing of such 
 affidavit or affidavits said county recorder or county clerk, as 
 the case may be, shall record such notice; proof of service 
 thereof, and affidavit or affidavits in a book kept by him for 
 such purpose, and shall then and there issue to such co-owner 
 or co-owners who shall have performed or caused to be per- 
 formed such assessment work, a certificate to the effect that he 
 has filed and recorded said notice, proof of service, and affi- 
 davit or affidavits of non-payment, and to the effect that such 
 co-owner or co-owners who have performed or caused to be 
 
MINING LAWS OF OREGON 185 
 
 performed such assessment work, have become and are the 
 owners of all of the right, title, and interest of said delinquent 
 co-owner or co-owners of said property. 
 Fee for Issuance of Certificate, 
 
 Sec. 5147. Such certificate shall not be issued until such co- 
 owner or co-owners entitled to the same shall have paid to the 
 said county recorder or county clerk, as the case may be, a 
 fee of $1 for such certificate. 
 Counter Affidavits, Suit, Decree, etc. 
 
 Sec. 5148. If prior to the issuing of such certificate, there 
 shall be filed with said county recorder or county clerk an affi- 
 davit or affidavits to the effect that such payment has not been 
 made by such delinquent co-owner or co-owners, and there shall 
 also within said time have been filed with said county recorder 
 or county clerk an affidavit by the delinquent co-owner or co- 
 owners that such payment has been made, then said county 
 recorder or county clerk, as the case may be, shall not issue 
 such certificate, but such parties shall be left to establish such 
 fact by suit to quiet the title to said premises, and if, in such 
 suit, it shall appear either that the assessment work was not 
 performed by the co-owner or co-owners claiming to have per- 
 formed the same, or that the delinquent co-owner or co-owners 
 have performed or paid his or their proportion of said assess- 
 ment work, then a decree shall be entered in said suit to that 
 effect; but if, in said suit, it. shall be established that said 
 assessment has been performed by or has been caused to be 
 performed by the co-owner or co-owners claiming to have per- 
 formed, or caused the same to have been performed, and that 
 the delinquent co-owner or co-owners have not performed their 
 proportion thereof, or have not paid their proportion thereof, 
 then a decree shall be entered therein decreeing the co-owner 
 or co-owners who have performed said assessment work to be 
 the owner or owners of all of the interest of said delinquent 
 co-owner or co-owners in said premises, which decree shall be 
 entitled to record in the miscellaneous records kept by the 
 county recorder or county clerk in said county, and shall 
 be indexed in the index with the record of deeds and mining 
 conveyances for said county. 
 Certificate, Force and Effect. 
 
 Sec. 5149. Such certificate, when issued as herein provided, 
 shall be equivalent to a deed from such delinquent co-owner 
 or co-owners of all of their interests in and to all of said mines 
 described in such notice, and shall convey the interest of the 
 delinquent co-owner or co-owners in said premises to the co- 
 owner or co-owners who performed or caused to be performed 
 such assessment work; such certificate may be introduced in 
 evidence in any cause where the ownership of said property 
 may become material, and when so introduced shall have the 
 same force and effect as would a duly executed and delivered 
 
186 MINING LAWS OF OREGON 
 
 deed from such delinquent co-owner or co-owners of said 
 premises. 
 
 Certified Copy of Certificate, Notice and Return, etc. 
 
 Sec. 5150. A certified copy of such certificate, and the certi- 
 fied copy of such notice and return when made and certified to 
 by such county recorder or county clerk, as the case may be, 
 shall be admissible in evidence in any trial where it is material 
 to establish the proof of service of such notice or the ownership 
 of said property. Such certificate, when given by such re- 
 corder or county clerk, shall be entitled to record in the office 
 of the officer issuing the same, upon the payment of the same 
 fees as are required for the recording of said mining con- 
 veyances; such county clerk or county recorder, as the case 
 may be, shall keep a record book, showing the record of such 
 certificates as shall be recorded by him, and upon recording 
 the same, shall index the said certificates in a book kept by 
 him for that purpose, and shall likewise index the same in the 
 deed records of mining conveyances kept by him. Such in- 
 dexing and recording shall have the same force and effect as 
 the indexing and recording of deeds to other real property, 
 and shall give like constructive notice. 
 L. 1903, p. 326, Sec. 1. 
 
 Disposal of Fees. 
 
 Sec. 5151. All fees collected under this act shall be the 
 property of the county in which the same are collected, and 
 shall be accounted for by the officer collecting the same, the 
 same as other recording fees are accounted for. 
 L. 1903, p. 330, Sec. 2. 
 
 Mine Bell Signals, Code of. 
 
 Sec. 5152. From and after the passage of this act the fol- 
 lowing bell signals shall be used in all mines in the State of 
 Oregon operating a steam, electrical, gasoline, or other hoist- 
 ing plant, to-wit: 
 
 1 bell Hoist (see Rule 2) 
 
 1 bell Stop (see Rule 2) 
 
 2 bells Lower (see Rule 2) 
 
 2-2 bells Calls top man to collar of shaft 
 
 3 bells Man to be moved, run slow (see Rule 2) 
 
 3-1 bells Man to be hoisted, run slow (see Rule 2) 
 
 3-2 bells. . .Man to be lowered, run slow (see Rule 2) 
 
 4 bells Move bucket or cage very slow 
 
 4-1 bells Start pump 
 
 4-2 bells Stop pump 
 
 1-3 bells Start air compressor 
 
 2-3 bells Stop air compressor 
 
 5 bells Send down tools (see Rule 4) 
 
 6 bells Send down timbers (see Rule 4) 
 
 7 bells . . Accident 
 
MINING LAWS OF OKEGON 187 
 
 1-4 bells Foreman wanted 
 
 2-2-2 bells Change bucket from ore to water or vice 
 versa. 
 
 3-2-1 bells Ready to shoot in shaft (see Rule 3) 
 
 Engineer's signal that he is ready to hoist, raise bucket or 
 cage two feet and lower it again (see Rule 3). The bucket 
 or cage must be raised from station six feet when not in use, 
 notice being given to engineer to that effect, as follows : Ring 
 one bell, hoist; and when bucket or cage up six feet, one bell, 
 stop. Levels shall be designated and inserted in notice here- 
 inafter mentioned (see Rule 1). 
 
 L. 1901, p. 151, Sec. 1. 
 
 Rules for Understanding and Enforcing Code of Signals. 
 
 Sec. 5153. For the purpose of enforcing and properly 
 understanding the above code of signals, the following rules 
 are hereby established: 
 
 Rule 1 In giving signals make strokes on bell at regular 
 intervals. The bar (-) must take the same time as for one 
 stroke on the bell, and no more. If timber, tools, the fore- 
 man, bucket, or cage are wanted to stop at any level in the 
 mine, signal, by number of strokes on the bell, the number of 
 the level first before giving the signal for timber, tools, etc. 
 The time between the signals to be double bars (--). Exam- 
 ple : 6- -5, would mean, stop at the sixth level with tools ; 
 2- -3-1, would mean, stop at the second level, man on bucket or 
 cage, hoist ; 4- -3-1, would mean, stop at the fourth level, man 
 on bucket or cage, hoist; 2- -3-2, would mean, stop at the 
 second level, man on bucket or cage, lower. 
 
 Rule 2 No person must get on or off the bucket or cage 
 while in motion. When men are to be hoisted or lowered, 
 give the signal for men ; men must then get on bucket or cage ; 
 then give the signal to hoist or lower. Bell cord must be at 
 all times within reach of man on bucket or cage. 
 
 Rule 3 After the signal, ''ready to shoot in shaft," engi- 
 neer must give his signal, when he is ready to hoist, i e., raise 
 the bucket or cage two feet, then lower it again. Miners must 
 then give signal, "men to be hoisted," then "spit fuse," get 
 on bucket or cage, and give the signal to hoist. 
 
 Rule 4 All timbers, tools, etc., "longer than the depth of 
 the bucket or cage," to be hoisted or lowered, must be secure- 
 ly lashed at the upper end to the cable. Miners must know 
 that they will ride up or down the shaft without catching on 
 rocks or timbers and be thrown out. 
 
 Rule 5 The foreman will see that one printed sheet of 
 these signals and rules for each level, one for the collar of 
 the shaft, and one for the engine room, are attached to a board 
 not less than twelve inches wide by thirty-six inches long, and 
 
188 MINING LAWS OF OKEGON 
 
 securely fasten the board up where the signals can be easily 
 read at the places above stated. 
 L. 1901, p. 152, Sec. 2. 
 
 Disobedience of Rules Precludes Recovery Rules, etc., to be 
 Signed. 
 
 Sec. 5154. The above signals must be obeyed. Any violation 
 of the same will be grounds for discharge of the party or parties 
 so doing. No person, company, corporation, or individuals oper- 
 ating a mine within the State of Oregon, shall be responsible 
 for accidents that may happen to men disobeying the above 
 rules and signals. Said rules and signals, on notice as above 
 set out, shall be signed by the superintendent or person hav- 
 ing charge of the mine, who shall designate the corporation 
 or owner of the said mine. 
 L. 1901, p. 153, Sec. 3. 
 
 tenalty "Where Company Disobeys Act. 
 
 Sec. 5155. Any person, company, corporation, or indi- 
 viduals operating any mine within the State of Oregon hav- 
 ing in operation a steam, electrical, gasoline, or other hoist- 
 ing plant as above described, who shall fail to comply with 
 the terms of this act shall be deemed guilty of a misdemeanor, 
 and upon conviction thereof shall be subject to a fine of not 
 less than twenty-five dollars nor more than two hundred and 
 fifty dollars. 
 
 L. 1901, p. 153, Sec. 4. 
 
 WATER RIGHTS FOR MINING. 
 
 Rights of Way for Water Ditches and Pipes. 
 
 Sec. 3940. A right of way for the construction of a water 
 ditch to be used for irrigation, manufacturing, or mining pur- 
 poses, ditches or water pipes for conveying water to cities and 
 towns for domestic purposes, or for the extinguishment of fires, 
 is hereby granted to any individuals or corporations who may 
 construct such water ditches or water pipes over any of the 
 State lands belonging to the State of Oregon tide, swamp, 
 and overflowed lands, and school lands for a distance on each 
 side of said ditches or water pipes of twenty-five feet. 
 L. 1885, p. 73, Sec. 2; H. C. Sec. 4058. 
 
 Copy of Notes of Survey of Ditches, etc., to be Filed. 
 
 Sec. 3941. It shall be the duty of said railroad corporation 
 or water company or individuals constructing said railroads, 
 water ditches or water pipes to file a copy of the field notes 
 of the survey of such railroads, ditches or water pipes with 
 the Secretary of State of the State of Oregon, showing the 
 location of said railroad, water dich or water pipe. 
 L. 1885, p. 73, Sec. 3; H. C. Sec. 4059. 
 
MINING LAWS OF OREGON 181) 
 
 Navigation and Vested Water Rights Not to be Impaired. 
 
 Sec. 6216. Navigation shall never in anywise be impaired 
 by the operation of this act, nor shall any vested interest in 
 or to any mining water rights or ditches, or in or to any water 
 or water rights, or reservoirs or dams, now used by the owners 
 or possessors thereof in connection with any mining industry, 
 or by persons purchasing or renting the use thereof, or in or 
 to any other property now used, directly or indirectly, in 
 carrying on or promoting the mining industry, ever be affected 
 by or taken under its provisions, save and except that rights 
 of way may be acquired over the same. 
 L. 1895, p. 32, Sec. 47. 
 
 Use of Water for Mining and Electrical Power a Public One. 
 
 Sec. 6551. The use of the water of the lakes and running 
 streams of the State of Oregon for the purpose of developing 
 the mineral resources of the State, and to furnish electrical 
 power for all purposes, is declared to be a public and bene- 
 ficial use and a public necessity, and the right to divert un- 
 appropriated waters of any such lakes or streams for such pub- 
 lic and beneficial use is hereby granted. 
 
 (Here follows proviso that this section does not include 
 Multonomah or Coon Creek.) 
 
 L. 1899, p. 172; L. 1907, p, 288. 
 
 Who May Use Water for Electric Power and Mining. 
 
 Sec. 6552. All persons, companies, and corporations having 
 title or possessory right to any mineral or other lands, shall be 
 entitled to the use and enjoyment of the water of any lake 
 or running stream within the State for mining and other pur- 
 poses in the development of the mineral resources of the State 
 or to furnish electrical power for any purposes; and such 
 waters may be made available to the full extent of the capacity 
 thereof without regard to deterioration in quality or diminua- 
 tion in quantity, so that such use of the same does not ma- 
 terially affect or impair the rights of prior appropriations. 
 
 L. 1899, p. 172, Sec. 2. 
 Right of Way and Reservoir Sites May be Condemned. 
 
 Sec. 6553. All such persons, companies, and corporations 
 may appropriate and divert such waters, and may condemn 
 right of way for ditches, canals, flumes, and pipe lines for 
 the carrying of same, and may condemn the rights of riparian 
 proprietors upon the lake or stream from which such appro- 
 priation is made, upon complying with the terms of this act. 
 Such persons, companies, and corporations shall also have the 
 right to condemn lands for the sites of reservoirs for storing 
 water for future use, and for rights of way for feeders carry- 
 ing water to such reservoirs, and for ditches, canals, flumes, or 
 pipe lines carrying the same away, and shall have the right 
 to take from any lake or running stream in this State and 
 
190 MINING LAWS OF OREGON 
 
 store away any water not previously appropriated or not 
 needed for immediate use by any person having a superior 
 right thereto. 
 
 L. 1899, p. 172, Sec. 3. 
 
 Land May be Entered Upon for Surveys and Location. 
 
 Sec. 6554. Such persons, companies, and corporations may 
 enter upon any land for the purpose of locating a point of 
 diversion of the water intended to be appropriated, and upon 
 any land lying between such point and the lower terminus of 
 its proposed ditch, canal, flume, or pipe line for the purpose 
 of examining the same and of locating and surveying the line 
 of such ditch, canal, flume, or pipe line, together with the line 
 of necessary distributing ditches and feeders for reservoirs, 
 and to locate and determine the site for reservoirs for stor- 
 ing water. 
 
 L. 1899, p. 173, Sec. 4. 
 
 Appropriator Must Post Notice. 
 
 Sec. 6555. When a point of diversion shall have been 
 selected, such appropriator shall post in a conspicuous place 
 thereat a notice in writing containing a statement of the name 
 of the ditch, canal, flume, or pipe line and of the owner thereof, 
 the point at which its head gate is proposed to be constructed, 
 a general description of the course of said ditch, canal, flume, 
 or pipe line, the size or dimensions of the same in width. and 
 depth, the number of cubic inches of water (by miners' 
 measurement under a six-inch pressure) intended to be ap- 
 propriated, and the number of reservoirs, if any. 
 L. 1899, p. 173, Sec. 5. 
 
 Maps of Description and Definite Location to be Filed. 
 
 Sec. 6556. Within ten days from the date of posting such 
 notice, such appropriator shall file for record in the office of 
 the county clerk or recorder of conveyances, as the case may 
 be, of the county in which said ditch or canal or flume or 
 pipe line, distributing ditches, reservoirs, and feeders are situ- 
 ated, a similar notice, and at the same time shall file a map 
 showing the general route of said ditch or canal or flume or 
 pipe line ; and in case said ditch or canal or flume or pip-e line, 
 distributing ditches, reservoirs, and feeders shall not lie 
 wholly in one county, such notice and map shall be filed in 
 the office of the county clerk or recorder of conveyances of 
 each county in which any portion of said ditch or canal, flume, 
 pipe line, distributing ditches, reservoirs, and feeders may be 
 situated. Within sixty days from the completion of such ditch 
 or canal or flume or pipe line, such appropriator shall in like 
 manner file a map of definite location of said ditch or canal 
 or flume or pipe line, by legal subdivisions of the land tra- 
 versed thereby in case it is surveyed, with the points of loca- 
 tion of reservoirs, if any, designated thereon. It shall be the 
 
MINING LAWS OF OEEGON 191 
 
 duty of every county clerk or recorder of conveyances, im- 
 mediately upon the filing of such notice in his office, to record 
 the same in a book kept for such purpose, and he shall file and 
 preserve such maps among the records of his office. 
 L. 1899, p. 173, Sec. 6. 
 
 Appropriator May Proceed to Condemn Right of Way. 
 
 Sec. 6557. When such person, company, or corporation 
 shall have acquired the right to appropriate water in the 
 manner hereinbefore provided, it may proceed to condemn 
 lands and premises necessary for right of way for its ditch or 
 canal or flume or pipe line, and likewise for its distributing 
 ditches and feeders and for sites for reservoirs; but right of 
 way for the main line of said ditch or canal or flume or pipe 
 line shall not exceed fifty feet in width, and for each dis- 
 tributing ditch or feeder thirty feet in width, and for a site 
 for each reservoir twenty acres from one owner, or for every 
 ten thousand inches of water (miners' measurement, as afore- 
 said), or fraction thereof over half, of the capacity of the main 
 ditch or canal or flume or pipe line for every twenty miles 
 of its length. 
 
 L. 1899, p, 174, Sec. 7. 
 
 Mode of Procedure to Condemn. 
 
 Sec. 6558. Whenever any person, company, or corporation 
 authorized as hereinbefore provided to appropriate, water and 
 to construct and maintain a ditch or canal or flume or pipe 
 line for mining purposes, or to furnish electrical power for 
 any purpose, and to condemn lands for right of way and sites 
 for reservoirs, is unable to agree with the owner of such lands 
 as to compensation to be paid therefor, or if such owner be 
 absent from the State or incapable of acting, such person, 
 company, or corporation may maintain an action in the cir- 
 cuit court of the county in which the lands sought to be appro- 
 priated or some portion thereof are situated, for the purpose 
 of having such lands appropriated to its use and for deter- 
 mining the compensation to be paid to such owner therefor. 
 The proceedings in such action, to final determination, shall 
 be the same as those prescribed in Chapter II of Title XLI. 
 L. 1899, p. 174, Sec. 8. 
 
 Appropriation Below Contiguous Owners' Point of Diversion. 
 Sec. 6559. Such persons, companies, and corporations may 
 also maintain an action for the condemnation and appropria- 
 tion of the right to the flow of water in any stream from 
 which it or they propose to divert water below the point of 
 diversion vested in the owners of lands lying contiguous to 
 such stream by virtue of their location. Such action shall be 
 brought in the county where the lands to be affected, or some 
 portion thereof, are situated, and the manner of procedure 
 therein shall be similar to that prescribed for the condemna- 
 
192 MINING LAWS OF OREGON 
 
 tion of lands in Chapter I of Title XLV; provided, that no 
 person owning lands lying contiguous to any natural stream 
 shall, without his consent, be deprived of water for household 
 or domestic use, or for the purpose of watering his stock, or 
 of water necessary to irrigate crops growing upon such lands, 
 and actually used therefor, nor shall the rights of any prior 
 appropriator, without his consent, be materially affected or im- 
 paired, regardless of whether such appropriation was made for 
 use upon riparian or nonriparian land. 
 L. 1903, Special Session, p. 25, Sec. 1. 
 
 Actual Construction, When to be Begun. 
 
 Sec. 6560. Within six months from the date of the posting 
 of the notice above prescribed, the persons, companies, and cor- 
 porations proposing to appropriate the water therein mentioned 
 shall commence the actual construction of their or its pro- 
 posed ditch or canal or flume or pipe line, and shall prosecute 
 the same without intermission (except as resulting from the 
 act of God, the elements, or unavoidable casualty) until the 
 same be completed; and the actual capacity of said ditch or 
 canal or flume or pipe line when completed shall determine 
 the extent of the appropriation, anything contained in the 
 notice to the contrary notwithstanding. Upon a compliance 
 with the provisions of this act, the right to the use of the water 
 appropriated shall relate back to the date of posting said notice. 
 L. 1899, p. 174, Sec. 10. 
 
 Existing Appropriations Upheld. 
 
 Sec. 6561. All existing appropriations of water made for 
 beneficial purposes by any persons, corporation, or company, 
 in accordance with the laws of the United States, or in accord- 
 ance with the laws of the State of Oregon or the decisions of 
 the supreme court, or the established customs and regulations 
 of the district in which such appropriations have been made, 
 shall be respected and upheld to the extent of the amount of 
 water actually appropriated, nor shall any existing mill be de- 
 prived of its water power, however lawfully acquired, without 
 the consent of its owner ; and all controversies respecting rights 
 to water under the provisions of this act shall be determined 
 by the date of the appropriations as respectively made there- 
 under by the parties. 
 
 L. 1899, p. 175, Sec. 11. 
 
 Extension of Ditch to Conform to Changes Requiring It, 
 
 Sec. 6562. In case the channel of any natural stream shall 
 become so cut out, lowered, turned aside, or otherwise 
 changed, from any cause, as to prevent any ditch or canal or 
 flume or pipe line or feeder of any reservoir from receiving the 
 proper inflow of water to which it may be entitled from such 
 natural stream, the persons, companies, or corporations owning 
 such ditch or canal or pipe line, flume, or feeder shall have the 
 
MINING LAWS OF OREGON 193 
 
 right to extend the head of such ditch or canal or pipe line, 
 flume, or feeder to such distance upon the streams which sup- 
 plies the same as may be necessary for securing a sufficient flow 
 of water into the same ; and for such purpose such persons, com- 
 panies, or corporations shall have the same right to maintain 
 proceedings for condemnation of right of way for such exten- 
 sion as in case of constructing a new ditch, and the priority of 
 right to take the water from such stream through any ditch 
 or canal or pipe line, flume, or feeder shall be unaffected in 
 any respect by reason of a change in the place of diversion; 
 provided, no such change shall interfere with the complete use 
 or enjoyment of any other ditch or canal, pipe line, flume, or 
 feeder lawfully constructed ; and when from any cause the line 
 of any ditch or canal, pipe line, flume, or feeder along the line 
 of common user, by reason of the faulty construction of such 
 portion of such ditch, canal, flume, or pipe line, and the per- 
 sons, companies, or corporations securing the use of the same 
 shall be liable to the owner persons, companies, or corporations 
 for all damages by it sustained growing out of the enlargement 
 of said ditch, canal, flume, or pipe line, or the increased volume 
 of water turned therein. 
 
 Bond for Payment of Costs of Change. 
 
 Sec. 6563. Before proceeding to secure the right to make use 
 of any portion of the ditch, canal, flume, or pipe line, the per- 
 sons, companies, or corporations seeking to secure the same 
 shall execute and deliver to the owner persons, companies, or 
 corporations a bond with sufficient sureties in an amount equal 
 to the original cost of construction and the estimated cost 
 of enlargement of the portion of said ditch, canal, flume, or 
 pipe line sought to be subjected to a double use, conditional 
 for the payment on demand to the owner persons, companies, 
 or corporations of a reasonable proportion of the original cost 
 of construction of such portion of said ditch, canal, flume, or 
 pipe line and of the cost of enlargement thereof, together with 
 a reasonable proportion of the cost of its maintenance as en- 
 larged and of all damages that may at any time accrue to 
 the owner persons or companies or corporations and for which 
 it shall have a right of recovery against said other persons, 
 companies, or corporations by reason of the provisions of this 
 section; provided, that in case the persons, companies, or cor- 
 poration owning said ditch, canal, flume, or pipe line shall 
 object to the amount or sufficiency of the sureties on such bond, 
 it shall serve upon the corporations, companies, or persons de- 
 siring to use such ditch, canal, flume, or pipe line within ten 
 days after receiving said bond a notice specifying particularly 
 the objections thereto, and the sufficiency of the sureties, or 
 the amount of the bond shall be determined by the judge of 
 the circuit court of the county where said ditch, canal, flume, 
 or pipe line is situated, and said judge may hear evidence at 
 
194 MINING LAWS OF OREGON 
 
 chambers in relation * * * as originally constructed can 
 no longer be maintained, the persons, companies, or corpora 
 tions owning the same may alter the course thereof and for 
 such purpose may condemn lands for right of way as in case 
 of original construction. 
 
 L. 1899, p. 175, Sec. 12. 
 Shortest Practicable Route Must be Selected. 
 
 Sec. 6564. Whenever it becomes necessary to construct any 
 ditch, canal, flume, pipe line, distributing ditches, or feeders 
 across the improved or occupied lands of another, under the 
 provisions of this act such persons, companies, or corporations 
 shall select the shortest and most direct route practicable, 
 having reference to cost of construction, upon which said ditch, 
 canal, flume, pipe line, distributing ditches, or feeders can be 
 constructed with uniform or nearly uniform grade. 
 
 L. 1899, p. 177, Sec. 13. 
 Land Not to be Burdened With More Than One Ditch. 
 
 Sec. 6565. No tract or parcel of improved or occupied land 
 in this State shall, without the written consent of -the owner 
 thereof, be subjected to the burden of two or more ditches or 
 canals, flumes, or pipe lines, constructed under this act for 
 the purpose of conveying water through said property when 
 the same object can be feasibly and practically attained by 
 uniting and conveying all the water necessary to be conveyed 
 through such property in one ditch, canal, flume, or pipe line, 
 and any persons, companies, or corporations having constructed 
 a ditch, canal, flume, or pipe line for the purpose hereinbefore 
 provided shall allow any other persons, companies, or cor- 
 porations to enlarge such ditch, canal, flume, or pipe line, so 
 as not to interfere with the operations of the persons, com- 
 panies, or corporations owning the same, and use such ditch, 
 canal, flume, or pipe line in common with the persons, com- 
 panies, or corporations owning the same, upon payment to such 
 persons, companies, or corporations of a reasonable proportion 
 of the cost of constructing and maintaining such ditch, canal, 
 flume, or pipe line. Such persons, companies, or corporations 
 shall be jointly liable to any person damaged. 
 
 L. 1899, p, 177, Sec. 14. 
 Natural Depressions in Earth May be Utilized. 
 
 Sec. 6566. In constructing a ditch, canal, flume, or pipe line, 
 distributing ditches or feeders, under the provisions of this act, 
 the owner or owners thereof may make use of natural depres- 
 sions in the earth along the line thereof to all intents and pur- 
 poses as parts of said ditch, canal, flume, or pipe line, distri- 
 buting ditches or feeders; and it may conduct the water ap- 
 propriated by it along the channel of any natural stream, but 
 not so as to raise the water thereof above ordinary high-water 
 mark, and may take the same out again at any point desired 
 without regard to the prior rights of others to water from 
 
MINING LAWS OF OREGON 195 
 
 said stream, but due allowance shall be made for evaporation 
 and seepage. 
 
 L. 1899, p. 177, Sec. 15. 
 
 Head Gates Must be Maintained. 
 
 Sec. 6567. The owner or owners of every ditch, canal, flume, 
 or pipe line constructed under the provisions of this act shall 
 be required to erecfc and keep in good repair a head gate at 
 the head of its ditch, canal, flume, or pipe line, which, together 
 with the necessary embankments shall be of sufficient height 
 and strength to control the water at all ordinary stages. The 
 framework of such head gate shall be of timber not less than 
 four inches square, and the bottom, sides, and gate or gates 
 shall be of plank not less than two inches in thickness. 
 L. 1899, p. 177, Sec. 16. 
 
 Liability for Damages From Leakage or Overflow. 
 
 Sec. 6568. The owner or owners of every ditch, canal, flume, 
 or pipe line constructed under the provisions of this act shall be 
 liable for all damages done to the persons or property of others, 
 arising from leakage or overflow of water therefrom growing 
 out of want of strength in the banks or walls, or negligence or 
 want of care in the management of said ditch, canal, flume, 
 or pipe line, or reservoir; provided, that damages resulting 
 from extraordinary and unforeseen action of the elements, or 
 attributed in whole or in part to the wrongful interference of 
 another with said ditch, canal, flume, pipe line, or reservoir, 
 which may not be known to said corporation for such length 
 of time as would enable it by the exercise of reasonable efforts 
 to remedy the same, shall not be recovered against said corpora- 
 tions, companies, or persons. 
 L. 1899, p. 178, Sec. 17. 
 
 Bridges at Road Crossing, Liability for Neglect to Build. 
 
 Sec. 6569. The owner or owners of every ditch, canal, flume, 
 or pipe line constructed under the provisions of this act across 
 any public highways or public traveled road shall put a good 
 substantial bridge, not less than fourteen feet in breadth, over 
 such ditch, canal, or flume where it crosses said highway or 
 road. Travel shall not be suspended by the construction of 
 said ditch, canal, flume, or pipe line, and such bridge shall be 
 completed within three days from the time said highway or 
 road is intersected. In case such bridge is not so constructed 
 and completed, it shall be the duty of the road supervisor 
 of the road district in which the point of intersection is situated 
 to construct said bridge, and he shall bring an action in his own 
 name, as supervisor, for the use and benefit of his road district, 
 in any court of competent jurisdiction, to recover the expense 
 of constructing said bridge; and in such action, in addition 
 to the costs and disbursements provided by statute, he shall 
 recover such sum as the court or justice, if the action be brought 
 
196 MINING LAWS OF OREGON 
 
 in a justice's court, may adjudge to be reasonable as attorney 
 fees in said action. Appeals may be taken in such cases as in 
 other actions. 
 
 L. 1899, p. 178, Sec. 18. 
 Embankments and Reservoirs Must be Built and Kept so as to 
 
 Prevent Damage. 
 
 Sec. 6570. The owner or owners of every ditch, canal, flume, 
 or pipe line constructed under the provisions of this act shall 
 carefully keep and maintain the embankments and walls there- 
 of, and of any reservoir constructed to be used in conjunction 
 therewith, so as to prevent the water from wasting and from 
 flooding or damaging the premises of others; and it shall not 
 divert at any time any water for which it has not actual use 
 or demand. 
 
 L. 1899, p. 178, Sec. 19. 
 Right to Appropriate Lost by Abandonment. 
 
 Sec. 6571. The right to appropriate water thereby granted 
 may be lost by abandonment; and if any persons, companies, 
 or corporations constructing a ditch, canal, flume, or pipe line 
 under the provisions of this act shall fail or neglect to use the 
 same for a period of two years at any time, it shall be taken 
 and deemed to have abandoned its appropriation, and the water 
 appropriated shall revert to the public and be subject to other 
 appropriations in order of priority ; but the question of aban- 
 donment shall be one of fact, to be tried and determined as 
 other questions of fact. 
 
 L. 1899, p. 179, Sec. 20. 
 Willful Injury to Ditch, etc., Penalty for. 
 
 Sec. '6572. Any person who shall knowingly and willfully 
 cut, dig, break down, or open any gate, bank, embankment, 
 or side of any ditch, canal, flume, or pipe line, feeder, or reser- 
 voir, constructed under the provisions of this act, the prop- 
 erty of another, with intent maliciously to injure the owner 
 or owners of such property or any other person, or for his or 
 her own gain, by unlawfully causing the water contained in 
 said ditch, canal, flume, pipe line, feeder, or reservoir to run 
 or pour thereout with intent of stealing the same or appropri- 
 ating it for his or her own gain, profit, benefit, or advantage, 
 without the consent of the owner or owners thereof, shall be 
 deemed guilty of a misdemeanor, and upon conviction thereof 
 shall be punished by a fine of not less than ten dollars nor more 
 than three hundred dollars, or by imprisonment in the county 
 jail, not less than one month nor more than one year. Justices' 
 courts shall have jurisdiction of all prosecutions arising under 
 this section. The person so trespassing shall also be liable for 
 all damages caused by his or her act to the owner or owners 
 of said property, or any person or persons injured by his or 
 her wrongful act. 
 
 L. 1899, p. 179, Sec. 21, 
 
MINING LAWS OF OEEGON 197 
 
 Parties in Suits for Protection of Water Rights. 
 
 Sec. 6573. In any suit which may hereafter be commenced 
 for the protection of rights to water acquired under the pro- 
 visions of this act, the plaintiff may make any and all persons 
 who have diverted water from the same stream or source 
 parties to such suit, and the court may in one decree deter- 
 mine the relative priorities and rights of all parties to such 
 suit. Any person claiming a right on said stream or source, 
 not made a party to such suit, may become such on application 
 to the court, when it is made to appear that he is interested in 
 the result of the suit, and may have his right determined ; and 
 the court may. at any stage, on its own motion, require any or 
 all persons having or claiming rights to water on said stream 
 or source to be brought in and made parties to said suit, when 
 it appears that a complete determination of the issue involved 
 cannot be made without the presence of such person or persons. 
 
 L. 1899, p. 179, Sec. 22. 
 Rights of Way Over State Lands. 
 
 Sec. 6574. The right of way, to the extent hereinbefore 
 specified, for the ditches or canals, flumes, pipe lines, distribut- 
 ing ditches, and feeders of any persons, companies, or corpora- 
 tions appropriating water under the provisions of this act, 
 across any and all lands belonging to the State of Oregon, 
 and not under contract of sale, is hereby granted. 
 L. 1899, p. 180, Sec. 23. 
 
 MINING CORPORATIONS. 
 
 (See also whole of Title XLIV, " Lord's Oregon Laws," for 
 formation of corporations generally.) 
 
 Of What Corporations and on What Conditions Majority of 
 Directors May be Non-residents Meetings Out of State. 
 
 Sec. 6690. A majority of the directors of any corporation in 
 corporated under the laws of this State for the puspose in whole 
 or in part of and actually engaged as its principal business in ac- 
 quiring, owning, or working mines,or acquiring, owning or oper- 
 ating quartz mills, reduction works, smelters, or power plants 
 for mining purposes, or acquiring, constructing or operating 
 steam or electric railroads as a common carriermay, while such 
 corporation is so engaged in the business aforesaid as its princi- 
 pal business, and no longer, reside out of the State of Oregon, 
 and any such corporation may have offices and officers without 
 said State, and meetings of its directors may be held without 
 the State of Oregon; but at least one director of every said 
 corporation shall reside in this State, and every such corpora- 
 tion, if its president does not reside in this State, must at all 
 times maintain within the State, and within the county where 
 its principal office and place of business is located, an agent 
 upon whom any and all summons, writs and process issued 
 to or against such corporation by the courts of this State, or 
 
198 MINING LAWS OF OREGON 
 
 the courts of the United States holding terms therein, may 
 be served, and shall file with the Secretary of State, with its 
 annual statement, and at other times when its agents shall 
 cease to serve as such, die or otherwise become disqualified, a 
 power of attorney, appointing a person therein named as its 
 duly authorized agent, stating his full name and residence, and 
 service of any summons, writ or process upon such agent shall 
 be equivaleent to service upon the president or other proper 
 officers of such corporation; if the president of such corpora- 
 tion does not reside within the State of Oregon, and the cor- 
 poration shall fail or neglect to maintain such an agent upon 
 whom service may be had, the statute of limitations shall cease 
 to run in favor of such corporation during the period when 
 such failure or neglect shall continue. 
 
 L. 1905, p. 322; L. 1907, p. 288. 
 
 Sec. 6713. Every corporation formed or organized under 
 and pursuant to the laws of the State of Oregon, whether now 
 existing or hereafter created, for the purpose of engaging in 
 the business of mining for any of the precious metals, and 
 whose business it shall be to engage in said business only, 
 shall, during the month of June of each year, and on or before 
 the first day of July of each year, furnish to the Secretary of 
 State, upon blanks to be supplied by him for that purpose, 
 a correct statement sworn to by one of its officers before some 
 officer authorized to administer oaths, setting forth in detail 
 the name of the corporation, the location of its principal office, 
 the names of the president, secretary, and treasurer thereof, 
 with the postoffice address of each, the date of. the annual 
 election of officers and directors of such corporation, the 
 amount of the authorized capital stock, the number of shares 
 and par value of each share, the amount of the capital stock 
 subscribed, the amount of capital stock issued, and the amount 
 of the capital stock paid up, the amount of its properties in 
 this State and where the same are located; also stating in 
 general terms the amount of work done thereon, and improve- 
 ments made thereon since the time of filing the last annual 
 report, together w r ith a statement of the amount and value of 
 the annual output or products of the mines of such corpora- 
 tion, between the first day of January and the thirty-first day 
 of December of the year preceding, and that said corporation 
 is not engaged in or transacting any other business except that 
 of locating, prospecting, developing or operating mines for 
 precious metals, and any such mining corporation whose annual 
 output or products shall not exceed in value the sum of one 
 thousand dollars, shall if such above-provided statement is filed 
 in the office of the Secretary of State during the month of June 
 and on or before the first day of July of each year, thereupon 
 be exempt from the payment of the annual license fee as now 
 provided by law, but in lieu thereof shall pay an annual license 
 fee of ten dollars ; provided, that no such corporation shall be 
 

 MINING LAWS OF OEEGON 199 
 
 required to make such statement if it shall file the statement 
 and pay the annual license fee required by, "An Act to pro- 
 vide for the licensing of domestic corporations and foreign 
 corporations, joint stock companies, and associations," etc., 
 approved February 16, 1903, or hereafter required by law. 
 
 New Amendment of Sec. 6713 of Feb. 8, 1911. 
 Statement of License Fees Failure to Pay Liabilities. 
 
 Sec. 6714. On or before the fifteenth day of July of each 
 year, the Secretary of State shall file with the State Treasurer 
 a statement showing the amount of license fee due, as ascer- 
 tained in the foregoing manner, from the different corpora- 
 tions hereinbefore referred to. Within thirty days thereafter, 
 every such corporation shall pay or cause to be paid to the 
 State Treasurer the license fee hereinbefore mentioned. Any 
 such corporation failing or refusing to render such statement, 
 or to amend the same when required to do so by the Secre- 
 tary of State, in case the same shall be incomplete, irregular, 
 or unsatisfactory, or to pay such license fee, for more than 
 twenty days after the time above specified, or any corporation, 
 joint stock company, or association doing business in this State 
 contrary to this act, shall be liable to a fine of ($100) one 
 hundred dollars, to be recovered, together with any license fee 
 due by an action at law in the name of the State, to be insti- 
 tuted by any district attorney of the State at the request of 
 the Secretary of State. The annual license fee required by 
 this act shall be paid in advance for the fiscal year beginning 
 July 1 of each year, and in case of new corporations formed 
 during the fiscal year, the first year's fee shall be proportioned 
 to such fraction of a year. 
 
 L. 1905, p. 376, Sec. 2. 
 
 Mining and Other Private Corporations May Condemn Land. 
 Sec. 6857. Any corporation organized for the purpose of 
 opening or operating any gold, or silver, or copper vein or lode, 
 or any coal or other mine ; or any marble, stone, or other quarry ; 
 or for cuttingor transporting timber, lumber or cordwood, or for 
 the manufacture of lumber, shall have the right to construct 
 and operate railroads, skid roads, tramways, chutes, and flumes 
 between such points as may be indicated in their articles of 
 incorporation, and shall have a right to enter upon any land 
 between such points for the purpose of examining, locating, and 
 surveying the line of such railroads, skid roads, tramways, 
 chutes and flumes, doing no unnecessary damage thereby, and 
 such corporation shall have the power to appropriate so much 
 of said land as may be necessary for the same not exceeding 
 sixty feet in width, and may maintain an action for the appro- 
 priation thereof in the manner and form as by law provided 
 by any railway, macadamized road, plank road, clay road, 
 canal, or bridge, and with like effect. 
 
 L. 1895, p. 6. 
 
200 MINING LAWS OF OREGON 
 
 LIENS OF MINERS, ETC. 
 
 Liens of Laborers, Material Man, etc. 
 
 Section 7444 to section 7450 inclusive, provide for liens on 
 mines for laborers' wages and for value of material furnished 
 for mines, also time for filing same and procedure to enforce 
 such liens. (Too long for this book.) 
 
 LOCATION NOTICE LODE CLAIM. 
 
 For this form use same as given for Arizona (see page 37). 
 
 LOCATION NOTICE PLACER CLAIM. 
 
 For this form use same as given for California (see end of 
 California Laws). 
 
 AFFIDAVIT OF ANNUAL LABOR. 
 
 For this form use same as given for Arizona. 
 
WILSON'S 
 
 Corporation Laws 
 
 OF 
 
 Arizona, California 
 and Nevada 
 
 ANNOTATED WITH FORMS 
 
 A useful and ready book for Lawyers, Secretaries 
 of Corporations and Business Men generally. 
 
 PRICE (IN CLOTH) $2.00 
 
 Compiled by 
 CALVERT WILSON 
 
 Attorney-at-Law 
 
 WILCOX BUILDING, LOS ANGELES, CAL. 
 
 (For Sale Where You Bought This Book.) 
 
Baltimore Hotel 
 
 Mining Headquarters 
 Los Angeles 
 
 Absolutely Fireproof 
 
 250 Rooms Free Auto Bus 
 
 Location Fifth, near Main 
 
 Rates : 
 $1.00 to $3.00 
 
 HESS & COLOPY, 
 Proprs. 
 
MINING LAWS OF UTAH 
 
 (See also U. S. Mining Laws.) 
 
 f 
 
 I 
 : 
 
 REVISED STATUTES. 
 
 Sec. 1337. (In Mines and Smelters.) The period of employ- 
 ment of working men in all underground mines or workings, 
 and in smelters and all other institutions for the reduction or 
 refining of ores or metals, shall be eight hours per day, except 
 in cases of emergency where life or property is in imminent 
 danger. Any person, body corporate, agent, manager or em- 
 ployer who shall violate any of the provisions of this section 
 shall be deemed guilty of a misdemeanor. 
 14 Utah 96, 14 Utah 71. 
 
 Sec. 1338. (This Section makes it a misdemeanor to employ 
 any child under 14 years or any female in any mine or 
 smelter.) 
 
 Sec. 1381. (Liens on Mines.) The provisions of this chapter 
 shall apply to all persons who shall do work or furnish 
 materials for the working, preservation, or development of any 
 mine, lode, mining claim, or deposit yielding metals or minerals 
 of any kind, or for the working, preservation, or development 
 of any such mine, lode, or deposit in search of such metals or 
 minerals, and to all persons who shall do work or furnish 
 materials upon any shaft, tunnel, incline, adit, drift, drain, or 
 other excavation of any such mine, lode, or deposit; PRO- 
 VIDED, that when two or more such lodes or deposits, owned 
 or claimed by the same person or persons, or where the owners 
 are different persons, and the same with the consent of all 
 shall be worked through a common shaft, tunnel, incline, adit, 
 drift, or other excavation, then all the mines, lodes, or de- 
 posits so worked shall, for the purpose of this chapter, be 
 deemed one mine. 
 
 6 Utah 351, 151 U. S. 447, 104 U. S. 176. 
 
 Sec. 1382. (Id. Attaches to Lessee's Interest.) The next 
 preceding section shall not be deemed to apply to the owner or 
 
 J^wners of any mine, lode, deposit, shaft, tunnel, incline, adit, 
 rift or other excavation when the same shall be worked by a 
 issee, under bond or otherwise ; but, in such case, the persons 
 ntitled to a lien under this chapter shall have a lien on the 
 leasehold interest and on the ores and mineral bearing rock 
 or dirt mined and excavated by the lessee. 
 
 Section 1495. (Extent. No location to be made until dis- 
 covery of vein.) A Mining Claim, whether located by 
 
204 MINING LAWS OF UTAH 
 
 one or more persons, may equal, but shall not exceed, 
 one thousand five hundred feet in length along the vein or 
 lode ; but no location of a mining claim shall be made until the 
 discovery of the vein or lode within the limits of the claim 
 located. Any lode mining claim may extend three hundred 
 feet on each side of the middle of the vein at the surface, except 
 where adverse rights render a lesser width necessary. The 
 end lines of each claim must be parallel. 
 
 1 Utah 173, 2 Utah 174, 22 Utah 438, 23 Utah 410. 
 Sec. 1496. (Monument Notice.) The locator at the time 
 of making the discovery of such vein or lode, must erect a 
 monument at the place of discovery, and post thereon his notice 
 of location, which notice shall contain: 
 1st. The name of the lode or claim. 
 2nd. The name of the locator or locators. 
 3rd. The date of the location. 
 
 4th. If a lode claim, 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, and such a description of the claim, located by reference 
 to some natural object or permanent monument as will identify 
 the claim, 
 
 5th. If a placer or millsite claim, the number of acres or 
 superficial feet claimed, and such a description of the claim 
 or millsite located by reference to some natural object or per- 
 manent monument as will identify the claim or millsite. 
 
 5 Utah 3, 1 Utah 292, 2 Utah 54, 3 Utah 94, 3 Utah 59, 
 
 111 U. S. 350, 3 Utah 77, 3 Utah 235, 7 Utah 8, 151 U. S. 
 
 317, 160 U. S. 303, 6 Utah 273, 130 U. S. 256, 4 Utah 521, 
 
 116 U. S. 418, 124 U. S. 326, 2 Utah 174, 7 Utah 515, 160 U. 
 
 S. 303, 10 Utah 266, 11 Utah 324, 9 Utah 192, 3 Utah 160, 
 
 98 U. S. 463, 2 Utah 355. 
 
 Sec. 1497. (Boundaries Marked.) Mining Claims and mill 
 sites must be distinctly marked on the ground, so that the 
 boundaries thereof can be readily traced. 
 
 Sec. 1498. (Filing Copy of Notice. Fee.) Within thirty 
 days from the date of posting the location notice upon the 
 claim the locator or locators, or his or their assigns, must file 
 for record in the office of the County Recorder of the county 
 in which such claim is situated, if said claim be situated with- 
 out and beyond an original mining district, a substantial copy 
 of such notice of location. Such County Recorder shall charge 
 and collect a fee of 50c for first folio, and for each additional 
 folio, 20c; and, providing further, that where more than two 
 locators sign the said notice of location, an additional fee of 
 lOc shall be charged for each additional name, said fee shall 
 be for filing, recording, indexing and abstracting such notice; 
 provided, that such notice of location shall not be abstracted 
 
MINING LAWS OF UTAH 205 
 
 unless a subsequent conveyance affecting the same property 
 be filed for record, when said notice shall be abstracted. 
 
 Sec. 1499. (Notice of assessment work being done.) Every 
 person or company owning a group of claims, and doing 
 the development or assessment work, for said group at one 
 point, shall post a notice upon each claim at the discovery 
 monument, stating where such work is being done, and also 
 post a notice at the entrance of the workings, where said work 
 is done, stating the names of the claims for which the work is 
 done. 
 
 Sec. 1500. (Filing affidavit of work done.) The owner 
 of any quartz lode or placer mining claim who shall do 
 or perform, or cause to be done or performed the annual 
 labor or improvements required by the laws of the United 
 States, in order to prevent a forfeiture of the claim, must, 
 within thirty days after the completion of such work or im- 
 provements, file in the office of the county recorder in which 
 the greater part of the mining district, in which such claim is 
 located, is situated, his affidavit or an affidavit or affidavits of 
 the person or persons who performed or directed such labor 
 or made or directed such improvements, and shall file a dupli- 
 cate thereof with the district mining recorder of the district 
 in which said claim is situated, showing: 
 
 1st. The name of the claim, and where situated. 
 
 2nd. The number of days work done and the character and 
 value of the improvements placed thereon. 
 
 3rd. The date or dates of performing said labor and making 
 said improvements and number of cubic feet of earth or rock 
 removed. 
 
 4th. At whose instance or request said work was done, or 
 improvements made. 
 
 5th. The actual amount paid for said labor and improve- 
 ments, and by whom paid, when the same was not done by 
 the owner or owners of said claim. 
 
 Such affidavits or duly certified copies thereof shall be 
 prima facie evidence of the facts therein stated. 
 Ill U. S. 350, 6 Utah 183, 160 U. S. 303. 
 
 Sec. 1501. (Reorganization of mining districts.) Mining 
 districts may be organized, and all existing districts may 
 be reorganized, and the rules and regulations of the said 
 mining district shall govern the said district according to the 
 laws of the United States, in cases where a district organiza- 
 tion is desired ; PROVIDED, that the nearest boundary line of 
 any mining district shall not be within ten miles from the 
 county recorder's office of any county. 
 
 Sec. 1502. (Copying records. Expense.) Upon application 
 of the district mining recorder of any mining district to the 
 board of county commissioners of the county having in 
 custody the records of the said mining district, the said board 
 
206 MINING LAWS OF UTAH 
 
 of county commissioners shall cause the records of such district 
 to be copied by the county recorder, and shall cause all records 
 of documents pertaining to district mining records, recorded 
 since June 4th, 1896, up to the time of delivery, to be recorded 
 in the original records of the mining district in which the 
 property is situated, and the original records when so amended 
 shall be delivered to such district mining recorder. The copy 
 so made shall remain in the office of the county recorder, and 
 shall be considered as the original record. One-half of the 
 expense of copying such records shall be paid out of the county 
 treasury, and one-half shall be paid out of the state treasury. 
 
 Sec. 1503. (Duplicate Notice of Location. Fee. Penalty.) 
 It shall be the duty of every district mining recorder to 
 require every person depositing for record a notice of location 
 to make a duplicate copy thereof, which copy said mining 
 recorder shall carefully compare with the original and mark 
 ' ' duplicate ' ' and endorse thereon' his name and the date and 
 hour of filing in his office of the original. He shall at time of 
 filing duplicate notice with the original, collect, in addition 
 to his own fee, the fee for the County Recorder for recording 
 such duplicate. Said fee to be computed at the rate of 50c 
 for the first folio, and for each additional folio 20c; and, pro- 
 viding further, that where more than two locators sign the 
 said rlotice of location, an additional fee of lOc shall be charged 
 for each additional name. He shall immediately deposit the 
 duplicate copy with the County Recorder of the county in 
 which the greater part of the said mining district is located 
 for record, or forward the same to him by mail or express, 
 or in such other manner as will insure safe transit and delivery. 
 The fee, computed as hereinbefore described, shall accompany 
 the duplicate. The County Recorder shall record said dupli- 
 cate with the endorsements thereon for said fee. The record 
 of said duplicate notice in the office of the County Recorder 
 shall be considered an original record. Every person neglect- 
 ing or refusing to comply with any of the provisions of this 
 section shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof shall be punished by a fine not exceeding 
 $300, or by imprisonment in the county jail, not exceeding 
 six months, or by both such fine and imprisonment. 
 
 Approved March 11, 1909. 
 
 Sec. 1504. (Copies of notices to be received as evidence.) 
 Copies of notices of location of mining claims, mill sites 
 and tunnel sites, heretofore recorded in the records of 
 the several mining districts, and copies of the mining rules 
 and regulations in force in the several mining districts, in like 
 manner recorded, heretofore duly certified by the mining 
 recorder, shall be receivable in all tribunals and before all 
 officers of this state as prima facie evidence. 
 
 Sec. 1505. Where books, records and documents pertaining 
 

 MINING LAWS OF UTAH 207 
 
 to the office of district mining recorder have been or shall 
 hereafter be deposited in the office of any county recorder of 
 this state, such county recorder is authorized to make and 
 certify copies therefrom, and such certified copies shall be 
 receivable in all tribunals and before all officers of this state 
 in the same manner and to the same effect as if such records 
 had been originally filed or made in the office of the county 
 recorder. 
 
 Sec. 1506. (County Recorder to Record Rules. Certified Cop- 
 ies.) It shall be the duty of each county recorder to record 
 the mining rules and regulations of the several mining dis- 
 tricts in his county without fee, and certified copies of 
 such records shall be received in all tribunals and before all 
 officers of this state as prima facie evidence of such rules and 
 regulations, and it shall be his duty to record, index and ab- 
 stract all mining location notices presented for record, for a 
 fee not to exceed seventy-five cents for each notice and to file 
 and index all affidavits of labor presented for filing affecting 
 one mining claim for a fee not to exceed twenty-five cents; 
 PROVIDED, that when an affidavit of labor contains the name 
 of more than one mining claim, an additional fee of ten cents 
 shall be charged for each additional claim named therein. 
 
 Sec. 1506x. (Recorder of Mining District to give Bond.) The 
 recorder of each mining district shall take the oath of office 
 and give bond with sureties in the penal sum of one thousand 
 dollars. Such bond must be approved by the district judge 
 and filed in the office of the county clerk of the county in 
 which the greater part of the said mining district is located. 
 Where the recorder of any mining district appoints a deputy, 
 the recorder and his bondsmen shall be responsible for the 
 official acts of such deputy. 
 
 Sec. 1506xi. (District Recorder to make Copies.) It shall be 
 the duty of the recorder of a mining district upon request and 
 payment or tender of the fees therefor, to make and deliver to 
 any person requesting the same, duly certified copies of any 
 records in his custody, and for a failure so to do, or for receiv- 
 ing larger fees for any such service than those provided he 
 shall be deemed guilty of a misdemeanor. 
 
 Sec. 1506xii. (Vacancy. County Recorder to Receive Records.) 
 Whenever there is a vacancy in the office of recorder of any 
 mining district, or the person holding such office shall remove 
 from the district, leaving therein no qualified successor in 
 office; or whenever from any cause there is no person in such 
 district authorized to retain the custody and give certified 
 copies of the records, it shall be the duty of the person having 
 custody of the records to deposit the same in the office of the 
 county recorder of the county in which such mining district 
 or the greater part thereof is situated, and the county recorder 
 shall receive such records, and is hereby authorized to make 
 
208 MINING LAWS OF UTAH 
 
 and certify copies therefrom, and such certified copies shall 
 be received in evidence in all courts and before all officers 
 and tribunals. The production of a certified copy so made, 
 shall be, without other proof, evidence that such records were 
 properly in the custody of the county recorder. 
 
 Sec. 1535. (Interfering with Notices, Stakes, Persons in 
 possession, or Records.) Any person or persons who shall 
 willfully or maliciously tear down or deface a notice posted 
 on a mining claim, or take up or destroy any stake or monu- 
 ment marking any such claim, or interfere with any person 
 lawfully in possession of such claim, or who shall alter, erase, 
 deface, or destroy any record kept by a mining recorder, shall 
 be guilty of a misdemeanor, and upon conviction thereof shall 
 be punished by a fine of not less than twenty-five, nor more 
 than one hundred dollars, or by imprisonment for not less 
 than ten days, nor more than six months, or by both such fine 
 and imprisonment. Justices of the peace shall have jurisdic- 
 tion of such offenses. 
 
 Sec. 1536. (Wrongful taking of Ores. Damages.) Any 
 person wrongfully entering upon any mine or mining claim, 
 and carrying away ores therefrom, or wrongfully extracting 
 and selling ores from any mine, shall be liable to the owner or 
 owners of such ore for three times the value thereof ; and should 
 the plaintiff file his affidavit that the defendant did unlawfully 
 take ores, the defendant may be arrested and held to bail, 
 as in cases for the recovery of the possession of personal pro- 
 perty unjustly detained. 
 
 FENCING, SHAFTS, ETC. 
 
 Sec. 1538. (Inclosing shaft.) Any person that has sunk or 
 shall sink a shaft or well on the public domain, or commons, 
 for any purpose, shall inclose such shaft or well with a sub- 
 stantial curb or fence, which shall be at least four and a half 
 feet high. 
 
 Sec. 1539. (Id. Pits. Slack coal burning.) The owner, lessee 
 or agent of any mine, who, by working such mine, has caused 
 or may hereafter cause the surface on the public domain, com- 
 mons, highway, or other lands to cave in and form a pit in 
 which persons or animals are likely to fall, shall cause such 
 cave or sink to be filled up, or to be securely fenced with a 
 good, lawful fence; and if he has heaped or piled, or shall 
 hereafter heap or pile, slack coal on the surface, and such slack 
 coal shall take fire and endanger the life or safety of any per- 
 son or animal, he shall cause the fire to be extinguished, or the 
 burning coal to be inclosed with a sufficient fence. 
 
 Sec. 1540. (Penalty.) Any person failing to comply with 
 
MINING LAWS OF UTAH 209 
 
 the provisions of this chapter shall be deemed guilty of a misde- 
 meanor and shall be liable for all damages. 
 
 Sec. 2370. (Mineral lands to be leased.) Any state lands 
 upon which stone, coal, coal oil, gas, or any mineral may be 
 found, whether such land has theretofore been leased for a 
 term of years or not, may be leased for the purpose of obtaining 
 therefrom such stone, coal, coal oil, gas, or any mineral, for 
 such length of time and conditioned upon the payment to the 
 state board of land commissioners of such royalty upon the 
 product, as the state board of land commissioners may deter- 
 mine. 
 
 Sec. 2371. (Rules regarding lease.) The state board of 
 land commissioners is hereby authorized to make all necessary 
 rules and regulations to carry the foregoing section into effect. 
 
 Sec. 3134. (Concerns trials of mining cases.) 
 Sec. 3245. (Property exempt from execution.) 
 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, and tools not exceeding in value 
 five hundred dollars. 
 
 Sec. 3511. (Action to determine adverse claim.) An action 
 may be brought by any person against another who claims an 
 estate or interest in real property adverse to him, for the 
 purpose of determining such adverse claim. 
 3 Utah 235. 
 
 Sec. 3515. (Order for survey of lands and mines. Notice.) 
 The court in which an action is pending for the recovery of real 
 property, or for damages for an injury thereto, or to quiet title, 
 or to determine adverse claims thereto, or a judge of such court 
 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 thereon, 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. 
 
 Sec. 3521. (Mining customs and rules control when.) In 
 actions respecting mining claims proof must be admitted of the 
 customs, usages or regulations established and in force in the 
 district, bar diggings or camp embracing such claim, and such 
 customs, usages or regulations when not in conflict with the 
 laws of this state, or of the United States, must govern the 
 decision of the action. 
 
 EMINENT DOMAIN. 
 
 Sec. 3588. (Exercised in behalf of what uses.) Subject to 
 the provisions of chapter 65, Revised Statutes, 1898, the right 
 
210 MINING LAWS OF UTAH 
 
 of eminent domain may be exercised in behalf of the following 
 public uses: 
 
 1. All public uses authorized by the government of the 
 United States. 
 
 5. Reservoirs, dams, water-gates, canals, ditches, flumes, 
 tunnels, aqueducts and pipes for supplying persons, mines, 
 mills, smelters or other works for the reduction of ores, with 
 water for domestic or other uses, or for irrigating purposes, 
 or for draining and reclaiming lands, or for floating logs and 
 lumber on streams not navigable. 
 
 6. Eoads, railroads, tramways, tunnels, ditches, flumes, pipes 
 and dumping places to facilitate the milling, smelting or other 
 reduction of ores, or the working of mines, coal mines or 
 mineral deposits; outlets, natural or otherwise, for the deposit 
 or conduct of tailings, refuse, or water from mills, smelters 
 or other works for the reduction of ores, or from mines, quar- 
 ries, coal mines or mineral deposits; mill dams; natural gas 
 or oil lines, tanks or reservoirs ; "also an occupancy in common 
 by the owners or possessors of different mines, quarries coal 
 mines, mineral deposits, mills, smelters, or other places for 
 the reduction of ores, of any place for the flow, deposit or 
 conduct of tailings or refuse matter. 
 
 10. Canals, reservoirs, dams, ditches, flumes, aqueducts, and 
 pipes for supplying and storing water for the operation of 
 machinery for the purpose of generating and transmitting elec- 
 tricity for power, light or heat. 
 
 Sec. 4356. (Concerns larceny of ores, etc.) 
 
 Sec. 4399. (Salting Mines. Fraudulent Assay.) Every 
 person who, with intent to cheat, wrong, or defraud, places in 
 or upon any mine or mining claim, any ores or specimens of ores 
 not extracted therefrom, or exhibits any ore or certificate of 
 assay of ore not extracted therefrom, for the purpose of selling 
 any mine or mining claim, or interest therein, or who obtains 
 any money or property by any such false pretense or artifice, 
 is guilty of a felony. 
 
 Sec. 4400. (Changing samples or assay certificate.) Every 
 person who interferes with, or in any manner changes, samples 
 of ores or bullion produced for sampling, or changes or alters 
 samples or packages of ores or bullion which have been pur- 
 chased for assaying, or who shall change or alter any certificate 
 of sampling or assaying, with intent to cheat, wrong, or de- 
 fraud, is guilty of a misdemeanor. 
 
 Sec. 4401. (Making or publishing false assay.) Every per- 
 son who, with intent to cheat, wrong or defraud, makes or 
 publishes a false sample of ore or bullion, or who makes or 
 publishes, or causes to be published, a false assay of ore or bul- 
 lion, is guilty of a misdemeanor. 
 
MINING LAWS OF UTAH 211 
 
 COAL MINES. 
 
 An Act providing for the appointment of a coal mine in- 
 spector, defining his duties, fixing his salary and providing for 
 the inspection of coal and hydro-carbon mines; providing for 
 the health and safety of the persons employed therein, and for 
 the protection of property connected therewith, and repealing 
 chapter 2, title 42, of the Revised Statutes of Utah, 1898. 
 
 This Act can be found on page 221 of the 1905 Session Laws 
 of the State of Utah. It is too long for this book. 
 
 FIRE PROTECTION IN MINES. 
 
 An Act to provide for fire protection in all of the mines of 
 the State of Utah, and defining the same. 
 
 Section 1. (Certain mines to have fire protection.) That 
 all mines having but one exit, and the same is covered with 
 the building containing the mechanical plant, furnace room, 
 or blacksmith shop, shall have fire protection. Where steam is 
 used, hose of sufficient length to reach the farthest point of the 
 plant shall be attached to feed pump or injector, and the 
 same kept ready for immediate use. In mines where water is 
 not available, chemical fire extinguishers or hand grenades shall 
 be kept in convenient places for immediate use, and it shall 
 be the duty of any owner or operator of a mine in the State 
 of Utah to provide fire protection as mentioned in this section, 
 by July 1st, 1901. 
 
 Sec. 2. (Penalty.) Any person or corporation who shall 
 refuse or neglect to comply with the provisions of this act, shall 
 be guilty of a misdemeanor. 
 
 Approved this 25th day of March, 1901. 
 
 SAFETY APPARATUS IN MINES. 
 
 An Act providing for safety apparatus to be used in all 
 mines with the vertical shaft. 
 
 Section 1. (Certain shafts to be provided with Safety cages.) 
 It is unlawful for any person or corporation to sink any vertical 
 shaft, where mining cages are used, to a greater depth than 
 two hundred feet, unless the shaft is provided with an iron 
 bonneted safety cage, to be used in lowering and hoisting 
 employees, or any other person. The safety apparatus, whether 
 consisting of eccentrics, springs, or other device, must be 
 securely fastened to the cage, and of sufficient strength to hold 
 the cage loaded at any depth to which the shaft may be sunk. 
 The iron bonnet must be made of boiler sheet iron of good 
 quality, at least three-sixteenths of an inch in thickness, and 
 must cover the top of the cage in such manner as to afford 
 
212 MINING LAWS OF UTAH 
 
 the greatest protection to life and limb from any debris or any- 
 thing falling down the shaft. 
 
 Sec. 2. (Penalty.) Any violation of this act is punishable 
 by a fine of not less than two hundred or more than five hundred 
 dollars, the same to be paid into the county treasury of the 
 county in which the case is tried. 
 
 Sec. 3. This act shall take effect upon approval. 
 Approved this 25th day of March, 1901. 
 
 LEASING AND SELLING MINING CLAIMS OF 
 ESTATES. 
 
 An Act to authorize administrators, executors and guardians 
 to lease mining claims and give an option to purchase the 
 same, and authorizing the court to require bonds and prescrib- 
 ing conditions under which title may be obtained. (Page 9, 
 Laws of 1903.) 
 
 Section 1. (Leasing mining claims belonging to estates.) 
 When all or any portion of the estate of any person deceased, 
 or of any ward under guardianship, consists of mining claims, 
 whether patented or unpatented, or of interests in mining 
 claims, the administrator or executor of such deceased person 
 or the guardian of the property of the ward, may petition the 
 court having jurisdiction of the estate for leave to lease mining 
 claims, or interests in mining claims, belonging to the estate 
 of the deceased, or to the ward with an option to the lessee 
 to purchase the same; and if upon the hearing it appears to 
 the court that it is for the interests of the estate, the court may 
 make an order authorizing the administrator, executor or 
 guardian to lease all, or such mining claims or interest therein 
 belonging to the estate as he shall designate in the order, and 
 to give an option to the lessee to purchase the same within a 
 specified time, at a stipulated price, and when such order has 
 been made, the executor, administrator or guardian may lease 
 the mining claims specified in the order, and give the lessee an 
 option to purchase the same, within the time, and at the 
 Drice, specified in the order. 
 
 Sec. 2. Provides for bond of administrator before sale is 
 confirmed. 
 
 Sec. 3. If the lessee complies with the terms of the lease, 
 and accepts the options, and tenders the stipulated price, he 
 shall be entitled to a deed for the mining claims upon which 
 the option was given, but no titles shall pass, under such option, 
 until the acceptance of the option, and the deed executed pur- 
 suant thereto, have been reported to, and approved by the 
 court. 
 
MINING LAWS OF UTAH 213 
 
 Sec. 4. This act shall take effect upon approval. 
 Approved this 20th day of February, 1903. 
 
 An Act providing for the establishment of a State School 
 of Mines. (Approved March 13, 1901, see page 31, Session 
 Laws 1901.) 
 
 TAXATION. 
 
 The law on taxation of mines and their net proceeds, as 
 revised to March 11, 1909, can be found in full in session laws 
 of Utah, 1909, page 92. Too long for publication here. 
 
 OPERATION AND ABANDONMENT OF OIL WELLS, ETC. 
 
 (Act of 1909.) 
 
 Section 1. (Duties of Owner or Operator.) When any well 
 shall be drilled in this State on lands producing or containing 
 petroleum or natural gas, it shall be the duty of the owner 
 or operator thereof, before drilling said well into the oil or 
 gas-bearing sand or strata, to encase such well in such manner 
 as to effectually exclude and prevent all water from reaching 
 said oil or gas-bearing sand or strata. 
 
 Sec. 2. Id. And it shall be the duty of said owner or oper- 
 ator, before abandoning or ceasing to operate any such well, to 
 securely and effectually plug said well, and to fill it up with 
 sand or rock sediment to a depth of at least fifty (50) feet 
 above the top of the oil or gas-bearing sand or strata in such 
 manner as to exclude all water from reaching said oil or gas- 
 bearing sand or strata, and also as to prevent any oil or gas 
 escaping therefrom. 
 
 Sec. 3. (Penalty.) Any person, firm or corporation violat- 
 ing the provisions of this act shall be deemed guilty of a 
 misdemeanor, and shall be sentenced upon conviction thereof 
 to the payment of a fine not exceeding one thousand dollars. 
 
 Approved March 23, 1909. 
 
 IRRIGATION AND WATER RIGHTS. 
 
 The new law of Utah concerning irrigation and water rights, 
 enacted in 1909, can be found in Laws of Utah, 1909, at page 
 84. It is too long for this book and is a subject by itself. 
 
 UTAH. 
 LOCATION NOTICE LODE CLAIM. 
 
 For this form use the same as given for Arizona. 
 
214 MINING LAWS OF UTAH 
 
 UTAH. 
 LOCATION NOTICE PLACER CLAIM. 
 
 For this form use the same as given for California. 
 
 UTAH. 
 DIAGRAM OF LODE CLAIM. 
 
 For this map see page, 35, Arizona Laws use same. 
 
 AFFIDAVIT OF LABOR PERFORMED AND IMPROVE- 
 MENTS MADE. 
 
 State of Utah, 
 
 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, State of Utah, and is personally 
 
 acquainted with the mining claim known as 
 
 mining claim, situate in Mining 
 
 District, County of , State of Utah, 
 
 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. 19..., and the day of , 
 
 A. D. 19 . . . , 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 John Smith, working days in said period 
 
 of time (then follow with other names in same manner) 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 : 
 
 The number of cubic feet of earth (or rock) removed while 
 doing said work was cubic feet. 
 
 Subscribed and sworn to before me this day of 
 
 , 19.... 
 
 My commission expires 
 
 Notary Public. 
 
 For affidavit of work done on groups use above form in 
 connection with form on page 61. 
 
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 A 1851, 
 
 
Type "Y" 
 
 Economy Engine Of To-day 
 
 for POWER 
 
 HOISTING and 
 COMPRESSING 
 
 Operates Satisfactorily on Low Grade Fuels in 
 Sizes 10 to 200 H. P. 
 
 Write us for full particulars as to fuel economies, 
 and low cost of upkeep and operation of this engine. 
 
 FAIRBANKS, MORSE & CO 
 
 423 E. Third St. Los Angeles 
 
 Telephones: Home 10114, Broadway 5388 
 

 General Legal Information 
 
 
 
 A corporation may, by its agent, locate a mining claim. 
 McKinley v. Wheeler, 130 U. S. 630. 70 Fed. R. 4611 
 
 In the case of Thompson vs. Spray, 72 Cal. 531,' it was decided 
 that a minor child may make a mining location. 
 
 The title to mining claims that are not patented is occupa- 
 tion and development, and the title is conditional upon such 
 occupation and development. 
 
 No discovery of mineral is complete until the actual vein is 
 discovered; the finding of float or loose quartz is not a sufficient 
 discovery to warrant a lode location. 
 
 Discovery of ore that will pay to work is not essential to a 
 mining location, but it is sufficient if its value is such that one 
 will be willing to further develop and follow the vein. 
 
 In order to hold two or more claims it is necessary that there 
 should be a discovery of mineral on each of the claims. An 
 extension of a mining claim can not be held by reason of dis- 
 covery on another claim. Where, owing to the nature of the 
 ground, stakes can not be driven in where the statute requires 
 stakes, it is sufficient that the stakes be held in place by a pile 
 of stones. 
 
 Where an application has been made for a patent on one or 
 more mining claims the annual labor must be kept up after the 
 application and until final entry. 
 
 While the Congressional Act of 1880 does not require annual 
 labor upon a claim during the year location is made, still such 
 annual expenditure may be required during the location year 
 by State Statute. 
 
 The following things will count for annual labor: 
 
 1. Any labor performed for the purpose of discovering 
 mineral. 
 
 2. Building a road to reach the mining claim. 
 
 3. Building a flume, drain or ditch to get water on a claim. 
 
 4. Wages of a watchman where the mine is idle and his 
 services are necessary to preserve valuable machinery. 
 
 5. Work done off of the claim when it is a direct reference 
 to the drainage or development of the claim. 
 
 The following work will not count: 
 
 1. Building a house for dwelling away from the claim, 
 though near it. 
 
 2. Expense of taking tools, lumber, etc., to the mine. 
 
218 
 
 GENERAL INFORMATION 
 
 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, his claim or claims 
 can not be re-located on Jan. 1st, but his work must be con- 
 tinuous 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 owners 
 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. 
 
 An amended location notice relates back to the date of 
 original location and with all its right and privileges, provided 
 no adverse rights have in the meantime 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. 
 
 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 
 twenty-acre claim. 
 
 The following table will show the dimensions of placer 
 claims : 
 
 Claim 
 Claim 
 Claim 
 Claim 
 Claim 
 Claim 
 Claim 
 Claim 
 
 466.69 
 660 
 660 
 1320 
 800 
 933 1-3 
 1320 
 2640 
 
 X 
 X 
 X 
 X 
 X 
 X 
 X 
 X 
 
 466.69 
 330 
 660 
 660 
 1089 
 933 1-3 
 1320 
 2640 
 
 feet 
 feet 
 feet 
 feet 
 feet 
 feet 
 feet 
 feet 
 
 contains 
 contains 
 contains 
 contains 
 contains 
 contains 
 contains 
 contains 
 
 5 
 5 
 10 
 20 
 20 
 20 
 40 
 160 
 
 acres, 
 acres, 
 acres, 
 acres, 
 acres, 
 acres, 
 acres, 
 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 
 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- 
 
GENERAL INPOEMATION 219 
 
 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 fortu 
 nate) many hundreds will later be paid. 
 
 MINING BLANKS. 
 
 Any Blank in this book, except the one on page 61, can be 
 purchased for 5 cents each by writing to (enclosing money 
 order or stamps for amount of purchase), 
 
 CALVERT WILSON, 
 340 Wilcox Building. Los Angeles, California. 
 
 INCORPORATING UNDER ARIZONA LAWS. 
 
 The incorporation laws of Arizona are very liberal and eas- 
 ily complied with. They are preferable for incorporation in 
 most cases to the laws of any other state. We shall be glad 
 to consult with you about them. 
 
 COSTS OF INCORPORATION. 
 
 Filing Articles with Corporation Commission $10.00 
 
 Certified Copy from Corporation Commission 5.00 
 
 Recording Copy with County Recorder 4.00 
 
 Charter from Corporation Commission 10.00 
 
 For Certificate that all papers are filed (optional) 5.00 
 
 Filing Appointment of Resident Agent 5.00 
 
 Fee of Resident Agent for one year 10.00 
 
 Publishing Articles in Newspaper 20.00 
 
 Total $69.00 
 
 Note: The amount of capital stock makes no difference in 
 cost. 
 
220 GENERAL INFORMATION 
 
 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 with days from such date, making a total 
 
 consideration of $10,000.00. 
 
 Said vendor with 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 bank held in escrow until final payment be made 
 under this contract or default is made under the same. De- 
 posit in said bank 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, all 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. 19 
 
 (Seal) 
 
 (Seal) 
 
GENEKAL INFORMATION 221 
 
 BOND FOR A DEED OF MINING PROPERTY. 
 
 That of the County 
 
 Know all Men by These Presents: 
 
 of and the part of the first 
 
 part, held and firmly bound unto 
 
 of the County of and 
 
 the part of the second part, in the 
 
 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 administrators 
 
 firmly by these presents. Sealed 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 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 
 
 (Seal) 
 (Seal) 
 (Seal) 
 (Seal) 
 
 Acknowledge before Notary Public. 
 
222 GENERAL LNFOKMATJON 
 
 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. 
 
 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. 
 
 IN WITNESS WHEREOF, the said party of the first part 
 has hereunto set his hand and seal the day and year first above 
 written. 
 
 (Seal) 
 
 (Seal) 
 
 Acknowledge before Notary Public. 
 
STANDARD 
 
 MAILING LIST 
 
 COMPANY 
 
 Compilers and Addressers of 
 
 MAILING LISTS 
 
 We have selected lists of most prominent people 
 of all towns in Southern California and Arizona 
 always accurate and up-to-date and ready for 
 instant use. 
 
 We compile lists to order at reasonable rates. 
 
 We can put your lists of customers and stock- 
 holders on addressograph plates and run them 
 off at a moment's notice, accurately and rapidly. 
 
 We do all kinds of multigraphing, letter work, 
 addressing and mailing. 
 
 342 WILCOX BUILDING 
 
 LOS ANGELES, CALIFORNIA 
 
 Home Phone: A 1851 
 
UNITED WHOLESALE GROCERY 
 COMPANY 
 
 To Mining Men: 
 
 We carry in stock everything of the best in the Grocery line, 
 necessary to supply mining companies. We will fill orders 
 promptly on the day the same are received, with careful packing. 
 Write us about your needs. We will be glad to help expedite 
 your business in every way. Come and see us. 
 
 A few suggestions for your comfort: 
 
 United's Superior Brand Coffee 
 UniteJ's Superior Brand Teas 
 Sunfaist Canned and Dried Fruits 
 Del Monte Preserves and Jellies 
 Curtis Jams in three and five pound crocks 
 Olney Brand of fancy canned Vegetables 
 Peacemaker, Van Ruyter, I Should 
 Worry Brands of Cigars, and all 
 brands of Cigarettes and Tobaccos. 
 We carry all Standard Brands of Canned 
 Goods. 
 
 SECOND AND CENTRAL AVENUE 
 LOS ANGELES, CALIFORNIA 
 
 Phones: Home 10141, Broadway 1 141 
 
Facts Useful to Miners 
 
 POISONING AND ACCIDENTS. 
 
 First. Send for a physician. 
 
 Second. Induce vomiting by tickling throat with a feather 
 or finger; drinking hot water or strong mustard and water. 
 Swallow sweet oil or whites of eggs. 
 
 Acids or antidotes for Alkalies and vice versa. 
 
 ACIDS. Muriatic, Oxalic, Acetic, Sulphuric (Oil of Vitrol), 
 Nitric (Aqua Fortis). Antidotes. Soap-suds, Magnesia, lime- 
 water. 
 
 PRUSSIC ACID. Antidote Ammonia in water. Dash 
 water in face. 
 
 CARBOLIC ACID. Antidote Flour and water, mucilagi- 
 nous drinks. 
 
 ALKALIES. Potash, Lye, Hartshorn, Ammonia. Antidotes. 
 Vinegar or lemon-juice in water. 
 
 ARSENIC. Rat Poison, Paris Green. Antidotes Milk, raw 
 eggs, sweet oil, lime-water, flour and water. 
 
 BUG POISON. Lead, Salt-petre, Corrosive Sublimate, Sugar 
 of lead, Blue Vitrol. Antidotes Whites of eggs, or milk in 
 large doses. 
 
 CHLOROFORM. Chloral, Ether. Antidotes Dash cold 
 water on head and chest. Artificial respiration. 
 
 CARBONATE OF SODA. Copperas, Cobalt. Antidotes- 
 Soap-suds and mucilaginous drinks. 
 
 IODINE. Antimony, Tartar Emetic. Antidotes Starch 
 and water astringent infusions. Strong tea. 
 
 MERCURY AND ITS SALTS. Antidotes Whites of eggs, 
 milk, mucilages. 
 
 OPIUM. Morphine, Laudanum, Paregoric, Soothing Pow- 
 ders or Syrups. Antidotes Strong coffee, hot bath. Keep 
 awake and moving at any cost. 
 
 PTOMAINE POISONING. Keep drinking hot water, quarts 
 if necessary until stomach is cleansed and empty Take hot 
 rectal injections. 
 
 DROWNING. 1. Loosen clothing, if any. 2. Empty 
 lungs of water by laying body on its stomach and lifting it 
 by the middle so that the head hangs down. Jerk the body 
 a few times. 3. Pull tongue forward, using handkerchief or 
 pin with string, if necessary. 4. Imitate motion of respira- 
 tion by alternately compressing and expanding the lower ribs, 
 about twenty times a minute. Alternately raising and lower- 
 ing the arms from the sides up above the head will stimulate 
 the action of the lungs. Let it be done gently but persistently. 
 5. Apply warmth and friction to the extremities. 6. By 
 holding tongue forward, closing the nostrils and pressing the 
 
 I 'Adam's apple" back (so as to close the entrance to stomach, 
 lirect inflation can be tried. Take a deep breath and breathe 
 
 
226 FACTS rsKFUL TO MINERS 
 
 it forcibly into the mouth of the patient, compress the chest to 
 expel the air and repeat the operation. 7. DON'T GIVE UP! 
 People have been saved after hours of patient, vigorous effort. 
 8. "When breathing begins get patient in warm bed, give warm 
 drinks or spirits in teaspoonfuls, fresh air and quiet. 
 
 BURNS AND SCALDS. Cover with cooking soda and lay 
 wet cloths over it. Whites of eggs and olive oil. Olive or lin- 
 seed oil, plain or mixed with chalk or whiting. 
 
 LIGHTNING. Dash cold water over a person struck. 
 
 SUNSTROKE. Loosen clothing. Get patient into shade, 
 and apply ice cold water to head. 
 
 MAD DOG OR SNAKE BITE. Tie cord light above wound. 
 Suck the wound and cauterize with caustic or white hot iron 
 at once, or cut out adjoining parts with a sharp knife. 
 
 VENOMOUS INSECTS STINGS, ETC. Apply weak Am- 
 monia, Oil, Salt water or Iodine. 
 
 FAINTING. Place flat on back; allow fresh air, and sprin- 
 kle with water. 
 
 CINDERS IN EYE. Roll soft paper up like a lamp lighter 
 and wet the tip to remove, or use a medicine dropper to draw- 
 it out. Rub the other eye. 
 
 WATER MEASUREMENTS. 
 
 Arizona law has made the cubic foot of water the legal 
 measure in that State. Where miner's inches have been used, 
 100 inches are to be counted as the equivalent of 2~y 2 cubic 
 feet a second. 
 
 California law has made a miner's inch equivalent to 11/2 
 cubic feet of water per minute through any aperture. 
 
 LAND MEASUREMENTS. 
 
 1 Rod 16y> feet 
 
 1 Mile 320 rods 
 
 1 Chain 66 feet 
 
 1 Mile 80 chains 
 
 1 Acre 43,560 square feet 
 
 1 Mile 5,280 feet 
 
 1 Mile Square 640 acres 
 
 10 Acres 435,600 square feet or 660 feet square 
 
 PROPER METHOD OF OBTAINING SAMPLES. 
 
 (By Jas. Irving & Co., Los Angeles.) 
 
 It is a well known fact that an assay obtained from one or 
 two pieces of ore cannot represent an average of the vein or 
 mine from which it is taken, as in nearly every instance one 
 piece will be richer or poorer than another, or if one piece is 
 broken in two, each part will give a different assay. 
 
 We would advise that samples for assay be taken clear across 
 the vein. These samples should be taken on a clean canvas, 
 and then broken with a hammer until there is no piece larger 
 
FACTS USEFUL TO MINERS 227 
 
 than an inch in diameter. The sample should then be thorough- 
 ly mixed on the canvas, and left in a round pile, similar to a 
 large pie. It should then be divided into four quarters as 
 though you were cutting the pie, and the two opposite quarters 
 carefully taken away and reserved for another sample or 
 thrown away. This process, which is called quartering, should 
 be repeated until you have from three to five pounds left on 
 the canvas, which can then be transferred into a sample bag, 
 being careful to take all the dust or dirt when it is ready to 
 .ship to the assayer. 
 
 Where you wish to get a fair sample of the whole ledge or 
 of a mine, this process of sampling should be continued at 
 exact intervals of five or ten feet on the vein, and the assays 
 from such samples divided by the number of samples taken, 
 would give you the average value of the ore in the vein or in 
 the mine. 
 
 We will cheerfully furnish, free of charge, a reasonable num- 
 ber of small sample sacks for taking such samples. 
 
 PROSPECTING OUTFIT FOR GOLD. 
 
 1. A miner's hornspoon or a gold pan. 
 
 2. An iron mortar and pestle for pulverizing rock. A No. 
 40 wire sieve might be useful also. 
 
 3. Strong nitric acid, 1 or 2 pounds. 
 
 4. Mercury, a few pounds, and a little sodium amalgam and 
 potassium cyanide. 
 
 5. A small dish or bucket of water for horning or panning 
 in. 
 
 6. A small iron pan or a piece of sheet metal for roasting. 
 
 7. A small porcelain tub, with watch glass or other suit- 
 .able cover for retorting in. Miners sometime tie up the amal- 
 gam in a rag and roast in the ashes. 
 
 8. An alcohol lamp and alcohol for heating. 
 
 9. A blowpipe, and stick of willow charcoal ; a little borax, 
 .soda, etc. 
 
 10. A wedgewood mortar and pestle, or a stoppered bottle, 
 or mixing the ore and mercury. 
 11. A pick and hammer; and, if quantitive results are de- 
 ired: 
 12. Pulp and assay balances. Cheap scales may be used 
 provided sufficient pulp is treated to overcome their lack of 
 delicacy. Of low-grade ores, it is necessary to treat consider- 
 
 Ible pulp to get a weighable quantity of the gold. 
 MINING TERMS. 
 Adit A tunnel on the vein. 
 Alluvium Materials transported and deposited by water. 
 Amalgam Gold or Silver combined with Mercury. 
 Apex The top or higher point of a vein. 
 Auriferous Any rock or sand bearing gold. 
 Bed-rock Rock underlying placer mines. 
 
228 FACTS USEFUL TO MINERS 
 
 Blind Lode Where there appears no outcrop to a vein. 
 
 Breast The face of a tunnel or drift. 
 
 Breccia Angular rocks cemented together. 
 
 Cage An elevator used in hoisting ore. 
 
 Cap-rock Rock overlying the vein stone or ore. 
 
 Collar The top of a shaft or winze. 
 
 Contact A junction of two kinds of rock such as lime and 
 porphyry. 
 
 Contact-vein A vein between two dissimilar rock masses. 
 
 Country-rock The rock on each side of a vein. 
 
 Crosscut A level driven across the course of a vein. 
 
 Face The end of a drift or tunnel. 
 
 Fault The displacement of a stratum or vein. 
 
 Feeder A small vein entering into a larger vein. 
 
 Fissure vein A crack in the earth's crust containing mineral. 
 
 Foot wall Rock beneath a vein. 
 
 Gash vein A vein wide at the top and closing at a short 
 depth. 
 
 Hanging wall The layer of rock or wall overhanging a lode. 
 
 Horse A mass of rock between the branches of a vein. 
 
 In place Not having been disturbed from its original posi- 
 tion. 
 
 Level A horizontal passage in a mine diverging from the 
 shaft. 
 
 Outcrop The portion of a vein showing at the surface. 
 
 Petering Giving out; failing. 
 
 Pocket A rich spot in a vein or deposit. 
 
 Salting a mine Placing foreign ore in the crevices of a vein 
 for the purpose of deceaving. 
 
 Stoping The act of excavating the ore from the roof or 
 floor of a drift. 
 
 Strike The extension of a lode in a horizontal direction. 
 
 Stulls A frame work to support the rubbish when stoping. 
 
 Sump A hole at the bottom of a shaft or tunnel for the col- 
 lection of water. 
 
 Vein An aggregation of mineral matter in rock fissure. 
 
 Winze A shaft sunk from one level to another. 
 TROY WEIGHTS. 
 
 All precious metals are weighed by Troy weights, which are 
 as follows : 24 grains 1 pwt. ; 20 pwts. 1 oz. ; 12 ozs. 1 Ib. 
 
 To reduce Av. to Troy weights: 1 pound Av. 7,000 Troy 
 grains. Weigh your bullion in pounds and ounces Av. and 
 reduce it to grains. Divide the number of grains thus obtained 
 by 480, the number of grains to a Troy ounce; this w r ill give 
 you the number of Troy ounces. If any grains are left divide 
 them by 24, the number of grains in a pennyweight. This will 
 give you the number of pennyweights ; any grains left after 
 the last division are Troy grains, giving you the result in 
 ounces, pennyweights and grains, Troy. 
 
 14y 2 ounces Troy equals a pound of Av. 
 
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 Street 
 153-155 N. Los Angeles St. Los Angeles, Cal. 
 
230 INDEX 
 
 Index to United States Laws 
 
 ADVERSE CLAIMS Page Section 
 
 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 9 2325 
 
 Citizenship, proof of by Agent 10 2325 
 
 AGRICULTURAL LANDS 
 
 Segregation of Mineral Lands, from 22 2342 
 
 On Oil and Phosphate Lands 17 
 
 ANNUAL EXPENDITURE OR LABOR 
 
 Generally , 7 2324 
 
 For placers 7 2324 
 
 Forfeiture to co-owner when 7 2324 
 
 Oil Lands 15 
 
 APPLICATION FOR PATENT 
 
 By Agent 9 2325 
 
 For lode claim 9 2325 
 
 For placer claim (known Lode) 14 2333 
 
 AREA 
 
 For lode claim 5 2320 
 
 Placer claim 13 2331 
 
 Mill site 21 2337 
 
 BUILDING STONE 
 
 Entered under placer laws 13 
 
 Not excepted from grants to States 13 
 
 BUREAU OF MINES 
 
 Act to establish 27 
 
 CHARACTER OF LAND 
 
 Hearing as to 20 2335 
 
 CITIZENSHIP 
 
 Proof of 6 2321 
 
 Affidavit of, before whom made 11 
 
 Proof by Agent 10 2325 
 
 CO-OWNERS 
 
 Forfeiture to whom 7,8 2324 
 
 COAL LANDS 
 
 Generally 25 
 
 DESCRIPTION 
 
 Of Lode claim 7 2324 
 
 Of Placer claims 13 2330 
 
 By location notices 5, 6, 7 
 
 By survey 9 2325 
 
 DISCOVERY 
 
 Generally 5 2320 
 
 DITCHES AND CANALS 
 
 Generally 21 2339 
 
 END LINES 
 
 Generally 5 2320 
 
 FORFEITURE 
 
 To Co-owner 7 2324 
 
 LOCATION 
 
 Under act May 10, 1872 5 2320 
 
 Tunnel claim 8 2324 
 
 Lode claim 5, 6, 7 
 
 Placer claim .12. 13, 14 
 
 Rights conferred by 6 2322 
 
INDEX 231 
 
 Page Section 
 
 Mill site 21 2337 
 
 LODE CLAIMS 
 
 Discovery 5 2320 
 
 Length!' 5 2320 
 
 Width 5 2320 
 
 Location and record 5, 6, 7 
 
 Entry and patent 9 2325 
 
 MILL SITES 
 
 Location of 21 2337 
 
 Form for 23 
 
 Patents for 21 2337 
 
 OIL LANDS 
 
 Location and entry of 15 
 
 Amendments 19 
 
 PATENTS 
 
 Lode 9, 10, 11, 12 
 
 Placer 12, 13, 18, 19, 20 
 
 Mill site 21 2337 
 
 PETROLEUM 
 
 Generally 15 
 
 PLACER CLAIMS 
 
 Definition of 12 2329 
 
 Conformity to public survey 12 2329 
 
 Area of 13 2330-31 
 
 Location of 13 2330-31 
 
 Lode in, procedure 14 2333 
 
 PHOSPHATE LANDS 17 
 
 PRICE PAYABLE FOR CLAIMS 
 
 Lode claims 10, 11 2326 
 
 Piacer claims 14 2333 
 
 Mill sites 21 2337 
 
 Saline Lands 13 
 
 PUBLIC SURVEYS 
 
 Adjustment of, to Mining claims 12 2327 
 
 RELOCATION 
 
 Generally 7,8 2324 
 
 RESERVES FOREST 
 
 Mining in, generally 22 
 
 RESERVOIRS 
 
 Generally 21 2340 
 
 SALINE LANDS 
 
 Generally 13 
 
 SURVEY 
 
 Generally 9 2325 
 
 Expenses of, etc 20 2334 
 
 TIMBER 
 
 For mining purposes, generally 24 
 
 TOWNSITES ON MINING CLAIMS 
 
 Generally 25 
 
 TUNNEL SITES 
 
 Generally 7,8 2324 
 
 VEINS 
 
 Intersection of 20 2336 
 
 Apex, dips 6 2322 
 
 VERIFICATION 
 
 Of Affidavits 10 2326 
 
 Same 20 2335 
 
 WATER RIGHTS 
 
 Reference to law of .. 21 2339 
 
232 INDEX 
 
 Index to Arizona Mining Laws 
 
 (See also Index to U. S. Mining Laws.) 
 
 DESCRIPTION OF MINING CLAIM Page Section 
 
 AVhat is sufficient in deed 37 4046 
 
 Contents location notice lode claim 33 4028 
 
 Relocation 35 4037 
 
 FORFEITURE OF INTEREST OF CO-OWNERS 
 
 Notice to delinquent co-owner 36 4042 
 
 Receipt for contribution by delinquent co-owner. . 37 4044 
 Proof of contribution, when co-owner refuses to 
 
 acknowledge 37 4045 
 
 LOCATION 
 
 Who can locate 33 4027 
 
 Recording 34 4030 
 
 Of lode claims 33 4028 
 
 Of placer claims 36 4040 
 
 Of abandoned claims 35 4037 
 
 LODE MINING CLAIMS 
 
 Location of, by whom made 33 4o2/ 
 
 Location, how made 33 4028 
 
 Location, what, work to be done to perfect 33 4030 
 
 Location notice to be recorded, when 33 4030 
 
 Failure to perform work forfeits claim 34 4031 
 
 Surface boundaries, how marked 34 4032 
 
 Location notice may be amended 34 4o:j } 
 
 Assessment work, affidavit of 34 4035 
 
 Relocation of forfeited claims 35 4037 
 
 PLACER MINING CLAIMS 
 
 How located 35 4038 
 
 Location notice to be recorded 36 4040 
 
 MISCELLANEOUS LAWS 
 
 Summary sales of mining claims of estates 55 
 
 Injunction on working claims o5 
 
 Miners ' liens for labor 55 
 
 Drainage by different owners 37 4047 
 
 Fees of recorder 36 404 1 
 
 Validating old relocations 55 
 
 Mine inspector 39 4<)5;": 
 
 Signal code + 54 40.ss 
 
 Index to California Mining Laws 
 
 (See also Index to U. S. Mining Laws.) 
 
 CIVIL CODE Page Section 
 
 Claims, recording affidavits of work and notice. . . 71 1426m 
 
 Claims, recording notice of location 69 1426d 
 
 Fixtures attached to 67 661 
 
 Hydraulic mining 79 
 
 Lode Claims 68 1 42! : 
 
 Placer claims '. . . . 69 1 42<le 
 
 Tunnel right 69 1 42<ie 
 
 Amending locations 70 1426h 
 
 Surveys 70 14261 
 
 Mill sites 70 1426J 
 
 Improvements 70 14261 
 
 Forfeiture to co-owner 71 1 426o 
 
 Copies of mining records 72 1426q 
 
INDEX 
 
 233 
 
 Page Section 
 
 Relocation 72 1426s 
 
 Mining districts 72 1426r 
 
 Mortgage of machinery 74 2955 
 
 Partnership, mining 73 
 
 Agency for transfer of stock in mining company 64 586 
 Books of mining company to be opened for inspec- 
 tion 65 
 
 Examination of ground by stockholders 66 589 
 
 Posting monthly statement 65 588 
 
 Mining companies may consolidate 64 587a 
 
 Tenant at will of mines 67 819 
 
 CODE OF CIVIL PROCEDURE 
 
 Action to recover 75 748 
 
 Eminent domain 75 1238 
 
 Exemption of miners' property 74 690 
 
 Local rules govern actions 75 748 
 
 Mechanics' liens on mines ~ . . . . 75 1183 
 
 Use of public land for mining 76 1925 
 
 Action to quiet title 74 738 
 
 Order to survey mine 75 742 
 
 Liens on mines in case of assignment. 75 1204 
 
 Patent prima facie evidence 76 1927 
 
 Sale of mining claims of estates 76 1580 
 
 G ENERAL LAWS Act No. 
 
 Protection of miners in mines 76 
 
 Liabilities of mining company for injury 77 
 
 Easements and drainage 77 
 
 Affidavits of annual labor 77 
 
 Forfeiture of co-owner 77 
 
 Abandoned shafts to be fenced 78 
 
 Calaveras County, recording in 79 483 
 
 Protection of coal miners 79 2223 
 
 Bell signals in mine 79 2225 
 
 Debris commissioner 79 2226 
 
 Public land, locations on 79 2227 
 
 Eight hour law 80 
 
 Mineral in lakes and streams 80 
 
 Conservation Commission 81 
 
 Larceny of ore from mines, etc 81 
 
 Unnecessary waste of natural gas 82 
 
 Telephones in mines 84 
 
 Water commission 80 
 
 California State Mining Bureau 81 
 
 Agricultural entry of mineral land 83 
 
 Oil and gas supervisor 83 
 
 Index to Colorado Mining Laws 
 
 (See also Index to U. S. Laws.) 
 
 ANNUAL LABOR Page Section 
 
 Colorado law and generally 91 4209 
 
 BUREAU OF MINES 
 
 Act constituting and provisions thereof 105 426-1 
 
 CORPORATIONS 
 
 Mining, generally 101 
 
 CONSPIRACY 
 
 To obtain possession of mining claim 95 4220 
 
234 
 
 INDEX 
 
 DRAINAGE OF MINES Page Section 
 
 Generally 97 4226 
 
 Drainage districts 99 
 
 EASEMENTS 
 
 For water 93 4212 
 
 Hauling ore 93 4215 
 
 Ditches and flumes 93 4216 
 
 EMINENT DOMAIN 
 
 Generally 101 
 
 HOURS OF LABOR 
 
 Generally 104 
 
 LODE CLAIMS 
 
 Generally 89 4192 
 
 Boundaries 90 4198 
 
 Destroying land marks 105 1899 
 
 Discovery and discovery work '. 90 4199 
 
 Location, manner of 90 4197 
 
 Notice of location and recording. 89 4194 
 
 Relocation 4210 
 
 MECHANICS' LIENS 
 
 Generally 103 4028 
 
 MISCELLANEOUS 
 
 Miscellaneous provisions 104 
 
 ORE 
 
 Ore buyers 99 
 
 Ore thieves | 102 
 
 Stealing ore 102 
 
 Changing values 103 
 
 PLACER CLAIMS 
 
 Generally 91 4205 
 
 Annual labor 91 4209 
 
 PAY DAYS 
 
 Generally 101 
 
 REGULATIONS IN MINES 
 
 Working regulations, see Bureau of Mines 105 
 
 General rules 106 
 
 SURVEY 
 
 Generally 94 421 8 
 
 SAFETY RULES 
 
 See mine regulations 106 
 
 STATE LANDS 
 
 Leases 99 51 75 
 
 TAXATION 
 
 Generally 1 02 
 
 TRESPASS 
 
 Generally 95 4220 
 
 TUNNELS 
 
 Mining tunnels, generally 91 4207 
 
 WORKINGMEN'S COMPENSATION 
 
 Generally 106 
 
 Index to Idaho Mining Laws 
 
 (See also Index to U. S. Laws.) Page Section 
 
 Annual Labor, and affidavit thereof 109 3211 
 
 Actions to determine conflicting claims 117 4542 
 
 Aliens 121 2610 
 
 Boundaries ] 08 3207 
 
 Blue Sky Law (corporations) 121 
 
 Conspiracy 119 6541 
 
INDEX 235 
 
 Page Section 
 
 Corporations 121 2784 
 
 Destroying notices 120 7172 
 
 Eminent Domain 121 
 
 Employer 's liability 122 
 
 Explosives 121 1555 
 
 False prospectus 121 7128 
 
 Hours of labor 121 
 
 Lode mining claims 108 3206, etc. 
 
 Mine inspector 121 
 
 Malicious mischief 120 7172 
 
 Operation of mines 122 
 
 Partnerships, mining 115 3261 
 
 Placer mining claims 113 3221 
 
 Possessory actions for public lands 118 4552 
 
 Protection of mechanics 121 1446 
 
 Public lands 118 4552 
 
 Relocation 110 3212 
 
 Reservoirs and dumps 122 1276 
 
 Rights of way 113 3223 
 
 State land leases 119 1572 
 
 Taxation 121 1863 
 
 Tunnels 114 3236 
 
 Water rights 122 
 
 Index to Nevada Mining Laws 
 
 (See also Index to U. S. Mining Laws.) 
 
 ADVERSE POSSESSION Page Section 
 
 How established 163 1 
 
 ASSESSMENT WORK 
 
 Amount required 129 9 
 
 Estimate of 129 9 
 
 Affidavit of, and recording 129 10 
 
 BOUNDARIES OF CLAIMS 
 
 Defined or marked, how 125 2 
 
 In relocation 128 6 
 
 When established by surveyor 128 
 
 Of placer claim 131 13 
 
 Of tunnel right 132 1 9 
 
 Of saline lands, must be surveyed 134 2 
 
 CORPORATIONS, MINING 
 
 Action against co-owners 139 1 
 
 Money expended constitutes lien 141 6 
 
 CO-OWNERS 
 
 Delinquency of 129 11 
 
 CONVEYANCE OF MINING PROPERTY 
 
 Formalities required 143 
 
 By minors 145 7 
 
 DEED (See Conveyance) 
 
 From State, must contain proviso 135 3 
 
 DIP OF LEDGE 
 
 Locator may follow, when 127 4 
 
 DISCOVERY SHAFT 
 
 Time of sinking, and depth 125 
 
 In case of relocation 128 7 
 
236 INDEX 
 
 EMINENT DOMAIN Page Section 
 
 For mining purposes 156 
 
 ENGLISH LANGUAGE 
 
 Miners in certain work to speak 166 
 
 EXEMPTION 
 
 Miner's cabin, etc., exempt from execution 150 3 
 
 GRUBSTAKE CONTRACTS 
 
 Generally 139 
 
 INSPECTOR OF MINES 156 
 
 LEGAL DAY'S WORK 
 
 Eight hours a legal day's work 154 
 
 LODE CLAIMS 
 
 Manner of location 125 1 
 
 Notice of 125 1 
 
 Prior, right of 126 3 
 
 Must be recorded, when 126 3 
 
 Includes what 127 4 
 
 LOCATOR 
 
 Qualification of 125 1 
 
 LOCATION CERTIFICATE 
 
 Antedating location notice 162 
 
 Must contain what 126 3 
 
 May be changed how, w r hen defective 128 6 
 
 Recorder to give receipt, prima facie evidence... 134 
 
 MACHINERY 
 
 Regulations regarding 152 & 165 
 
 MILL SITE 
 
 Who may locate, and size of claim 131 15 
 
 Location must be recorded, to contain what 131 16 
 
 MINERAL LAND COMMISSIONER 
 
 Act creating 155 
 
 MINERAL LANDS 
 
 May enter upon private 135 
 
 MINING CLAIM 
 
 Mortgage on 144 ." 
 
 Actions for recovery of 163 1 
 
 Lien on, for labor, etc 150 2 
 
 Injunction on 15] 4 
 
 Inspection of (new 1909) 156 
 
 Partition of , 145 1 
 
 Damage to or trespass on 147 1 
 
 Majority owners may change interest of minority 139 1 
 
 May be worked on occupied land, when 135 1 
 
 MINERAL IN PLACE 
 
 Locator must show 125 2 
 
 MONUMENTS- 
 HOW placed and marked 125 -2 
 
 In tunnel right 13? 19 
 
 NOTICE 
 
 Must contain what 125 1 
 
 Can claim but one location 130 12 
 
 Void, when 126 3 
 
 Time for recording 126 . 3 
 
 Of placer claim location 131 13 
 
 Of tunnel right location 132 19 
 
 Of mill site location 131 15 
 
 To delinquent co-owner 129 11 
 
 To owner of shaft . . 153 
 
INDEX 237 
 
 OCCUPATION OF MINING CLAIM Page Section 
 
 Consists of what 149 4 
 
 Of saline lands 134 4 
 
 ORES 
 
 Preferred lien on, when 150 1 
 
 False statement regarding 162 1 
 
 Recovery of stolen ores 141 
 
 Dusty, must be sprinkled 166 
 
 PATENT ON MINE 
 
 Action regarding 163 1 
 
 From State must contain proviso 135 3 
 
 PLACER CLAIM- 
 HOW to locate 131 13 
 
 Time for recording notice 131 14 
 
 POSSESSION 
 
 Must hold, of saline lands 134 4 
 
 Action for in case of patent 163 1 
 
 Actions for recovery of 149 4 
 
 PROSPECTING ON PRIVATE LAND 
 
 Generally 135 
 
 PROTECTION OF EMPLOYEES 
 
 Limiting use of collars, etc., on shafting 
 
 machinery 151 1 
 
 RECORDER OF MINING DISTRICT 
 
 Duty of 138 ] 
 
 Fee to collect and transmit 138 2 
 
 Penalty for neglect or refusal 139 6 
 
 Claim to be recorded with 126 3 
 
 Placer claim, to record 131 13 
 
 Tunnel right, to record 132 19 
 
 Mill site, to record 131 15 
 
 Fee for recording assessment work 164 1 
 
 Notice to delinquent co-worker, must record 129 11 
 
 To give receipts 134 
 
 RECORDER, COUNTY- 
 
 Claim to be recorded with 126 3 
 
 Fee for recording notice 138 4 
 
 Penalty for neglect or refusal 139 6 
 
 Ex-officio mining recorder, when 137 1 
 
 To give receipts 134 
 
 RECORD, MINING 
 
 Previous records valid 126 3 
 
 Prima facie evidence 126 3 
 
 Includes what 127 4 
 
 Survey part of, when 128 8 
 
 Of assessment work 129 10 
 
 Of notice to delinquent co-owners 129 11 
 
 Record in evidence 139 5 
 
 Imparts notice of contents 139 5 
 
 Copies of, received in evidence 137 5 
 
 RELOCATION 
 
 Certificate of 128 6 
 
 How made 128 7 
 
 Discovery shaft in 128 7 
 
 SALINE LANDS 
 
 Generally 133 
 
 SHAFT 
 
 Discovery shaft, depth of 125 2 
 
 Must be fenced 153 1 
 
 Cage to be used in . 1 52 1 
 
238 INDEX 
 
 STOCKHOLDERS MAY INSPECT MINES Page Section 
 
 Application to court, etc 142 
 
 SURVEY 
 
 Part of record 128 8 
 
 Of saline lands required 134 '2 
 
 Order for, how obtained 148 3 
 
 TAXATION 
 
 Generally 156 
 
 None on patented mine, when 167 
 
 TRESPASS 
 
 Upon patented mining ground 149 1 
 
 Applies to Esmeralda County 149 3 
 
 TUNNEL BIGHT 
 
 Location of 132 19 
 
 Boundaries, how marked 132 20 
 
 Time for recording 133 21 
 
 When blind ledge is discovered in 133 22 
 
 Index to Oregon Mining Laws 
 
 (See also Index to U. S. Laws.) 
 
 ABANDONED CLAIM Section Page 
 
 Is unappropriated mineral land 5131 180 
 
 APPROPRIATION OF WATER- 
 ASSESSMENT WORK 
 
 Affidavits required by delinquent co-owners 5148 185 
 
 Certificate of delinquency 5150 186 
 
 Eecord of 5150 186 
 
 Pee for 5147 185 
 
 Proceeding to collect from other owners 5142 183 
 
 Interest of co-owner lost, when 5145 184 
 
 May be performed, when 5141 182 
 
 Contents of notice to delinquent co-owner 5142 183 
 
 Proof of non-payment by co-owner 5146 184 
 
 BELL SIGNALS 
 
 Code of, and rules for . 5152 186 
 
 BOUNDARIES 
 
 How marked 5128 179 
 
 Certificate of ownership for non-payment of 
 
 assessment work 5146 184 
 
 CHINAMEN 
 
 Not to hold or work claims. Article 8 175 
 
 CONVEYANCES 
 
 Subject to provisions relating to real property. .5134 181 
 
 CORPORATIONS FOE MINING 
 
 License fee and statement, generally 6690-6857 197 
 
 CO-OWNERS 
 
 May perform assessment work 5141 182 
 
 Suits between, concerning assessment work 5148 185 
 
 Defective notice to, correction 5140 182 
 
 Delinquent co-owner, assessment work for 5141 182 
 
 DISCOVERER 
 
 May locate more than one claim 5127 178 
 
 DISCOVEEY SHAFT 
 
 What required 5130 180 
 
 DITCHES AND FLUMES FOR MINING 
 
 Are real property 5136 1 SI 
 
 Appropriation of water for 6551 1 si-) 
 
 Injury to 1975 1 7" 
 
INDEX 239 
 
 Section Page 
 
 Condemnation for 6857 199 
 
 Not impaired by irrigation district 6216 189 
 
 Rights of way for, over State land 3940 188 
 
 GRUBSTAKES 
 
 Requirements of contract : 5138 182 
 
 HOURS OF LABOR 
 
 What are, and penalty 5058 178 
 
 LIENS OF MINERS 
 
 Generally 7444 200 
 
 LIQUOR 
 
 Cannot be sold near mine 2139 176 
 
 LOCATION OF MINING CLAIMS 
 
 Notice and affidavit of work 5130 180 
 
 Boundaries, how marked 5128 179 
 
 Location notice, what to contain 5128 179 
 
 Recording, copy of 5129 179 
 
 Location work 5129 179 
 
 Subject to what prior right 5139 182 
 
 MONUMENTS 
 
 Injury to, punishment 1981 175 
 
 NOTICES 
 
 Notice of location 5128 179 
 
 Notice to delinquent co-owner 5142 183 
 
 REDEMPTION FROM EXECUTION 
 
 Amount required to be paid .5135 181 
 
 TAXATION 
 
 What exempt from 5133 181 
 
 TRESPASS ON MINING CLAIM 
 
 Punishment for . ..1989 176 
 
 Index to Utah Mining Laws 
 
 (See also Index to U. S. Mining Laws.) 
 
 ASSAYS Page Section 
 
 Changing samples or certificate 210 440') 
 
 Making or publishing false assay 210 4401 
 
 ASSESSMENT WORK 
 
 Affidavit of, to contain what 205 1500 
 
 Must be recorded 205 1 5on 
 
 Notice at discovery shaft 205 1499 
 
 Notice at entrance of workings 205 1499 
 
 ADVERSE CLAIM 
 
 Action to determine 209 3511 
 
 BOUNDARIES OF CLAIMS 
 
 Defined or marked, how 204 1497 
 
 Of placer claim 204 1 497 
 
 COAL MINES 
 
 Act concerning 211 
 
 EMINENT DOMAIN 
 
 When it can be exercised 209 3588 
 
 EXEMPTIONS 
 
 Exemptions of miners 2<>9 3245 
 
 FORFEITURE OF INTEREST OF CO-OWNERS 
 (See U. S. Laws.) 
 
 FIRE PROTECTION IN MINES 
 
 An act for . . 211 
 
240 
 
 INDEX 
 
 1NTERFKHINC WITH NOTICES, ETC. Page Section 
 
 Penalty for 208 1 535 
 
 LEASING OF MINES 
 
 Act concerning mines belonging to estates 212 
 
 LIENS FOR MINER'S WAGES 
 
 Miner 's liens 203 1 381 
 
 LEGAL DAY'S WORK 
 
 Eight hours a legal day's work in underground 
 
 mines, etc 203 1337 
 
 Misdemeanor to employ child 203 1338 
 
 LOCATION 
 
 Manner of 203 1 495 
 
 Must be recorded, when 204 -1498 
 
 Includes what 204 1496 
 
 Of placer claims 204 1496 
 
 Of mill site 204 1496 
 
 LODE MINING CLAIMS 
 
 Location, how made 204 1496 
 
 Location notice to be recorded, when 204 1498 
 
 Surface boundaries, how marked 204 1497 
 
 Assessment work, affidavit of 205 1 500 
 
 Extent of claim 203 1 495 
 
 Monuments 204 1496 
 
 PLACER MINING CLAIMS 
 
 How located 204 ] 496 
 
 Monuments may be placed, where 204 ] 497 
 
 Location notice to be recorded 204 1498 
 
 MONUMENTS 
 
 Claims must be marked 204 1497 
 
 Permanent monument 204 1496 
 
 MINING DISTRICTS 
 
 Reorganization 205 ] 501 
 
 MINING CUSTOMS AND RULES 
 
 When they control 209 3521 
 
 ORES 
 
 Damages for taking 208 1 536 
 
 RECORDS OF MINES 
 
 Copying records . 205 1502 
 
 County recorder to give 207 1506 
 
 District recorder to give 206 1503 
 
 District recorder to give copies 207 L506xi 
 
 RECORDERS 
 
 Fees of county recorder 207 1506 
 
 Fees of district recorder 206 1503 
 
 County recorder to record rules 207 1506 
 
 Mining district recorder to give bond 207 1506x 
 
 District recorder to make copies 207 1506xi 
 
 Vacancy in district recorder 207 1506xii 
 
 SALTING MINES 
 
 Penalty for 210 4399 
 
 SHAFT 
 
 Must be fenced 208 1538 
 
 Cage to be used in 211 
 
 Pits to be filled 208 1539 
 
 Penalty for leaving uncovered 208 1 540 
 
 STATE MINERAL LANDS 
 
 To be leased 209 2370 
 
 SURVEY OF MINING CLAIM 
 
 Order for by court 209 351 5 
 
GRIMES-STASSFORTH STATIONERY CO. 
 
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 STATIONERS, PRINTERS, ENGRAVERS 
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 232-234 S. Spring St. LOS ANGELES, CAL. 
 
 NET PRICE LIST of CORPORATION SUPPLIES 
 
 100 Lithographed Stock Certificates, with name 
 printed in, numbered in duplicate, perfor* 
 
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 150 as above bound in plain cloth 8.00 
 
 200 as above, bound in plain cloth . .. . 9.50 
 
 250 as above, bound in plain cloth 11.00 
 
 300 as above, bound in plain cloth 12.50 
 
 400 as above bound in plain cloth 15 50 
 
 500 as above bound in plain cloth 18.50 
 
 1000 as above, bound in plain cloth . 33.50 
 
 1 Stock Journal - 100 pp. 1.75 
 
 1 Stock Ledger 100 pp. 1.75 
 
 1 Combination Stock Ledger and 
 Journal 100 pp. 1.75 
 
 1 Assessment Book 100 pp. 2.00 
 
 1 Dividend Book ... 100 pp. 2.00 
 
 1 Double Entry Ledger 150 pp. 1.50 
 
 1 Cash Book 150 pp 1 50 
 
 1 Journal 150 pp 1 50 
 
 1 Minute Book, plain 150 pp. 3 50 
 
 1 Minute Book, Printed Form . .. 150 pp. 2.25 
 
 1 By-Law Book, Printed Form 28 pp. .75 
 
 1 By-Law Book, Blank 28 pp. .65 
 
 1 Corporation Seal and Press, with name of 
 Corporation and date, engraved 3 00 
 
 1 Carney's Secretary's Manual (new edition.) 3.00 
 1 The Notary's Manual (new edition) 1.50 
 1 Wilson's Corporation Laws Arizona, Cali- 
 fornia ftTjrl Nevada-, with T^O^TTIS 2 00 
 
 1 Wilson's Mining Laws of Arizona, Nevada 
 and California .. 1 00 
 
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