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 ARIZONA 
 MINING LAW 
 
 BANCROFT 
 LIWAIY 
 
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 BANCROFT 
 LIBRARY 
 
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 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 OF CALIFORNIA 
 
MINING El>> 
 
 OF Tfl* 
 
 ERRITORY OF ARIXONA, 
 
 
 PRESCOTT : 
 
 OFFICE OF THE ARIZONA MfNKK. 
 1864. 
 
OF THE REGISTRY AND GOVERNMENT OF MINES 
 AND MINERAL DEPOSITS. 
 
 Be it enacted by the Legislative Assembly of the Territonj 
 of Arizona. 
 
 SECTION 1. All mining rights on the public lands of the 
 United S'ates as well as rights acquired by discovery on the 
 lands of private individuals, are possessory in their charac- 
 ter only, and such possessory rights shall be limited* regu- 
 lated, and govern. das hereinafter provided. 
 
 TITLE ONE. 
 
 GENERAL PROVISIONS "RELATING TO THE REGISTRY OF MINES, MINING 
 RIGHTS, AND CONVEYANCES OF THE SAME. 
 
 2. The Judges of the Probate Courts in their respec- 
 tive Counties shall have jurisdiction over the registry and 
 denouncement of all mines and all mineral and auxiliary 
 lands, and the disputes and questions of whatsoever nature 
 between all adverse claimants to mines or mineral, and aux- 
 iliary lands, which he shall hear, and determine in a sum- 
 mary manner according to the rules of practice as prescribed 
 for the District Court in civil cases, and all proceedings and 
 records therein shall be entitled " In the Probate Court. 
 Judicature of Mines." 
 
 3. The Clerks of the Probate Courts shall be ex-officio 
 Recorders of mines and all mineral and auxiliary lands in 
 their respective Counties. 
 
 4. The County Commissioners of each County shall a t 
 the expense of the County provide a suitable office for the 
 Clerk of the Probate Court, at the seat of justice of his 
 County, which shall be called the Recorder's Office, in which 
 
 Ff A 
 
 3 
 
MINING LAW. 
 
 he flhall keep the books and papers of his office : they shall 
 also provide rooms and cases for the preservation of miner- 
 alogical specimens from each mine recorded, to be properly 
 numbered, marked and registered by him, with the time 
 when and the locality whence taken, and he shall also pre- 
 serve in said rooms all rocks, fossils, earths, minerals, plants 
 and other matters that may be useful or interesting for sci- 
 entific, legal or practical purposes. 
 
 5. He shall provide three books of record, the expense 
 of which shall be allowed by the County Commissioners, 
 and paid out of the funds originating from the tax on mines, 
 which he shall respectively mark as " Books of Mining 
 Record," "A," B," and " C," which shall be kept in his 
 office, and open to the inspection of the public at all times. 
 
 6. The Recorder of mines shall collect and record in 
 Record Book A, all registrys, denouncements, and claims of 
 mines, whether on public lands or private grants, by indi- 
 viduals or companies, that were made prior to the passage 
 of this chapter, and make complete indices of the same, 
 and keep them for the inspection of the public. 
 
 7. He shall record all first or preliminary registrys and 
 denouncements of mines, made after the passage of this 
 chapter, in Record Book B, and all second registrys after the 
 sinking of the shaft and complying with the law as here- 
 inafter provided, in Record Book C, which shall be alike 
 kept for public inspection. 
 
 8. The Recorder of mines shall keep a seal of office, 
 to be provided by the County Commissioners of each Coun- 
 ty, and affix the same to all official documents. 
 
 9. He shall be allowed and receive from the parties 
 interested the following fees, and when the number of words 
 contained in the papers to be recorded shall exceed one folio 
 he shall receive in addition twenty cents per folio : For 
 each record of former claim in Book A, $1. For each pre- 
 liminary or first registry of a mine or auxiliary mining land, 
 in Book B, $1. For each succeeding claim on the same de- 
 posit, $1. For final record after sinking shaft, and certifi- 
 cate, in Book C, $2. For final record of each additional 
 claim of the same party on the same deposit, in Book C, $1. 
 For recording each separate auxiliary tract, $1.' For record- 
 
MINING LAW. 
 
 ing articles of co-partnership, $2.50. For recording charters 
 of mining companies, $2. For recording notice required hy 
 section 25-1, $1. For recording each conveyance, $ I. For 
 any subsequent copy of the foregoing, one-half of the ahove 
 rates ; and for all fees in litigated mining cases he shall re- 
 ceive the same compensation as is allowed to Clerks of the 
 District Courts in civil cases for like services, and for all ser- 
 vices and fees not provided for in this chapter his fees shall 
 be fixed by the Judge of Probate. 
 
 10. The charters of all mining companies and their 
 officers, where they keep their office, and where their mines 
 are situated, with a description of their machinery^ and a 
 list of their property, shall be furnished by them, and re- 
 corded m Record Book C of the Recorder, and they may 
 procure certificates thereof, that shall at all times be good 
 evidence in all courts of justice. 
 
 II. The co-partnership agreements of all mining part- 
 ners shall be recorded in the same manner and certificates 
 thereof shall have the like effect, and the company or co- 
 partnership failing to furnish the charter or agreement re- 
 quired to be recorded by this chapter, after due notice by the 
 Recorder, shall be deemed to stand in contempt of the law, 
 and punished by the Probate Judge by fine in his discretion 
 not to exceed one hundred dollars. 
 
 12. All mining claims shall be registered in the real 
 names of the parties, and by persons legally authorized to- 
 make such registry either in person or by power of attorney, 
 to be exhibited to and filed and recorded with the Recorder of 
 mines, or with the Recorder of the mining district as here- 
 inafter provided, and no claims shall be registered in the 
 names of fictitious persons, and any person violating the 
 provisions of this section shall forfeit all right arid interest 
 in the claim so registered, and the same shall be subject to 
 registry and denouncement by another, on the same terms 
 as newly discovered veins. 
 
 13. The property of all mines and mineral lands in 
 descents and conveyances of property to heirs shall be con- 
 sidered and regarded as real estate. 
 
 14. All sales of mining claims or mineral lands, or any 
 interest in the same, shall be registered with the Recorder, 
 
4 MINING LAW. 
 
 by deed to be executed as provided for conveyances of real 
 estate, and in a book to be kept by bim for that purpose, 
 within three months from the date of the sale of the same, 
 or shall be declared forfeited and subject to denouncement 
 and registry by another ; aiad such conveyances when so 
 registered shall be subject to the same rules which govern 
 conveyances of real estate, and shall have the same effect in 
 the courts. 
 
 TITLE TWO. 
 
 EXTENT OF MINING RIGHTS, AND MODE OF ACQUIRING AND RETAINING 
 
 TITLES THERETO. 
 
 15. Every mining claim or pertenencia is declared to 
 consist of a> superficial area of two hundred yards square, to 
 be measured so as to include the principal vein or mineral 
 deposits, always having reference to and following the dip 
 of the vein so far as it can or may be worked, with all the 
 earth and mineral therein. But any mining district organized 
 in accordance with the provisions of this chapter, may pre- 
 scribe the dimensions of said mining claim or pertenencia for 
 such district, provided that in no case the dimensions so pre- 
 scribed shall exceed the number of yards allowed by this sec- 
 tion, and further provided, that no such mining district shall 
 diminish the extent of the Territorial claim to one pertenencia 
 as defined in this section. 
 
 16. Any person discovering or opening a vein or other 
 mineral deposit in this Territory, not actually worked or legally 
 owned by other parties, or registered in accordance with this 
 chapter, shall by properly denouncing and registering the same 
 be entitled to claim and hold a possessory right to a tract of 
 land to the extent of two mining claims or pertenencias includ- 
 ing the said vein or mineral deposit, and conforming as nearly 
 as possible to the general direction thereof, each to be meas- 
 ured two hundred yards long by two hundred yards wide, the 
 direction of the lines to be determined by the person claiming. 
 
 17. If two or more persons are associated, and have 
 formed a company for the exploration and working of mines, 
 and one or several shall make discoveries of mineral deposits in 
 consequence thereof, said company so engaged in exploration 
 
MINING LAW. 
 
 shall be entitled to denounce and register one discovery claim 
 only upon each lode. 
 
 18. It shall be lawful for the claimants of a mine or min- 
 eral lands to locate and take possession of public lands for a 
 mill site and other necessary works connected therewith, which 
 shall not exceed one quarter section, containing a stream or 
 other water suitable for the purpose. They shall have a right 
 to place a dam or other obstructions on such stream, and to 
 divert its waters for the above uses and purposes. They shall 
 within the time and in the manner prescribed in this chapter 
 for the registration and denouncement of mines, proceed to de- 
 nounce and register the sam.3 with the Clerk of the Probate 
 ( 'ourt, and they shall be known as auxiliary lands. And if 
 within three years from the day their notice of claim is so re- 
 corded, they shall expend in fitting the same for a mill, or in 
 placing a mill or reduction works thereon, the sum of one 
 hundred dollars, they may cause the record of such work to 
 be made, anl proceedings for confirming their title to be insti- 
 tuted as provided in section 29 of this chapter, with like effect, 
 and receive a certificate of title as therein provided, conform- 
 ing as nearly as they can to the requirements of that section. 
 Instead of the work required by section 32 of this chapter 
 they shall use the machinery or other works erected upon said 
 land for mining purposes at least thirty days in each year. 
 Such claims shall be subject to all the provisions of this chap- 
 ter which are applicable to mining rights, and may be aban- 
 doned and re-located. All rights to auxiliary lands acquired 
 under the laws of any mining district before this act takes ef- 
 fect shall be valid, and the owners of the same, upon comply- 
 ing with the provisions of this section may take the like pro- 
 ceedings to confirm their titles with a like effect. 
 
 19. It shall be the duty of all claimants of mining claims, 
 
 mineral lands and auxiliary tracts, to at once define the extent 
 
 j*ui boundary of them as nearly as possible, by good substan- 
 
 :uneuts or other conspicuous marks, in the presence 
 
 Recorder of the mining district, or of some witness 
 
 ,-hall prove to the satisfaction of the Recorder that the 
 
 same has been done, and to post up a public notice of their 
 
 claim. ;it the opening of the principal vein, and to have them 
 
 properly registered a< d recorded within three months from the 
 
 time of first claiming them at the office of the mining district 
 
G MINING LAW. 
 
 Recorder according to the provisions of this chapter. Such 
 record shall give a faithful description of the veins, mineral 
 deposits, and tracts of lands, the character and bearing of the 
 veins or deposits and their connection with natural monu- 
 ments or conspicuous objects in the vicinity. 
 
 20. No person shall change his original monuments or 
 boundaries of mineral or other lands, but if a subsequent in- 
 vestigation makes this convenient or necessary, and it can be 
 done without prejudice to other parties, then such change 
 shall take place by the sanction of the Judge of the Probate 
 Court, provided they are properly recorded and the new boun- 
 daries and monuments fixed at once when the original ones 
 are removed. 
 
 21. All minerals, woods, waters, earths and vegetation 
 found within the boundaries of any tract of land registered 
 and claipied for mining shall be exclusively used by him or 
 them who are legally entitled to the possession of the land 
 wherein or whereon they are situated so long as they are used 
 for mining purposes only, provided that no one shall have the 
 right to prevent transient persons from using the waters along 
 the public highways, where they were provided by nature in 
 natural tanks, springs, streams, or otherwise, nor from making 
 such equitable disposition of the waters as the Legislature 
 shall prescribe. 
 
 22. No person shall have the right to impede or incon- 
 venience travelling by fencing up the public roads, filling them 
 up with rubbish or undermining them so as to endanger their 
 safety, neither shall any one change their established direction 
 without sanction of the proper authorities. 
 
 23. Whenever two or more persons or parties explore 
 and prospect one and the same vein, and at or about the same 
 time but at different places, and without 'knowledge of each oth- 
 er, then he or they who shall prove first occupancy shall have 
 the right of first location, taking the principal point of exca- 
 vation as the centre of their claim or claims on each side 
 along the general direction of such vein or deposit. The oth- 
 er parties shall proceed by the same laws after the others 
 have fixed their boundaries. Should there be left vacant 
 ground between the different parties then it shall be at the 
 option of the first discoverers so to change their boundaries a 
 shall best suit them, and have them recorded accordingly. 
 

 MINING LAW. 
 
 Any other parties shall locate in the order of the time of their 
 arrival on the vein or mineral deposit. 
 
 24. Whenever two or more parties shall select the same 
 mine or mineral deposit for exploration, and the parties first 
 on the ground, knowing the other parties to be at work, shall 
 fail to give warning, either verbally or in writing, of their pri- 
 ority claim on such vein or deposit, then that portion of the 
 mine situated between the main excavations of the two par- 
 ties shall be equally divided between them, irrespective of the 
 number of members each company may have ; Provided, That 
 the intervening portions shall not exceed the quantity of land 
 allowed by the provisions of this chapter. 
 
 25. The laws and proceedings of all mining districts es- 
 tablished in this Territory for the denouncement, registration, 
 and regulation of mines, mining claims, mineral lands and 
 auxiliary lands, prior to the day this act takes effect, are here- 
 by legalized and declared to be as valid and binding in all 
 courts of law, as if enacted by this Legislative Assembly, to 
 the extent and under the conditions and restrictions herein 
 contained. 
 
 I. All rights, claims and titles to any veins, mineral lands, 
 or mineral deposits, and auxiliary lands, acquired before this 
 act takes effect, under, by virtue of, and in conformity to the 
 laws of said mining districts, are hereby declared to be valid 
 and legal, and shall be respected and enforced in all courts of 
 this Territory, when sustained by the evidence herein provided; 
 but no amount of work done thereon shall be construed to give 
 a perpetual title thereto, but shall give such title only and 
 such rights and privileges as is provided in section 29 of this 
 chapter; and no person who was at the time of the location 
 of his claim an inhabitant of this Territory shall forfeit his 
 claim because he was not a resident also of the mining district 
 in which hig said claim was located. And no such right, 
 claim or title shall be considered as abandoned provided the 
 claimants shall within six months from the day this act takes 
 effect file with the Clerk of the Probate Court of the County 
 in which his claim is situated a brief description of the same, 
 giving the name of the district in which the lode is situated, 
 and of the lode or lodes, and the extent of his claim thereon, 
 with a declaration that he intends to retain and work the same 
 
8 MINING- LAW. 
 
 according to law, unless such claim has been forfeited, and 
 subject to re-location under the laws of such^mhung fc district 
 before this act takes effect. 
 
 II, All records and all papers required by the laws of said 
 mining districts to be deposited with the Recorders of said 
 districts for record shall be received as evidence of their con- 
 tents in all courts of this Territory, and shall not be rejected 
 for any defects in their form, when their contents may be un- 
 derstood, but shall be valid to the extent provided by said 
 mining laws, except a* hereinbefore restricted; Provided, 
 That such records and papers are deposited with or recorded by 
 the Clerk of the Probate Court of the County in which said 
 mining district is located, and within three months from the 
 time this act takes effect ; and if said records or papers] are 
 lost or mutilated, or if such Recorder of a mining district shall 
 neglect or refuse to deposit the same as aforesaid, an affidavit 
 of their contents made by any person interested therein, or 
 certified or sworn copies thereof may be^so recorded, and shall 
 have the like effect. 
 
 III. All conveyances of mines, mining rights/ mineraFand 
 auxiliary lands made prior to the time this act takes effect, 
 shall be valid and binding to pass the title of the grantor 
 thereof, although defective in form and execution, if their 
 contents can be understood, and as such shall be received and 
 regarded in all courts of this Territory ; Provided, That such 
 conveyances shall be deposited with or recorded by the Clerk 
 of the Probate Court of the County where said mines are sit- 
 uated, within three months from the time this act takes effect, 
 and if lost or mutilated, copies or affidavits of their contents, 
 executed as aforesaid, may be recorded as provided above. 
 
 26. Every Recorder, Register, Clerk, or other recording 
 officer, of every such mining district, or who has at any time 
 ;icted as such recording officer, within three months after this 
 act takes effect, shall deposit with the Clerk of the Probate 
 Court of the County in which said district or greater part 
 thereof is situated, all records which he has so kept, and all 
 papers deposited in his hands for record, and papers so made 
 or deposited with Ms predecessors in said office, which are in 
 his hands as aforesaid, or he shall so deposit certified copies of 
 the same. And such records and other papers shall besrecurely 
 
MINING LAW. 
 
 kept by such Clerk open in office hours to public inspection . 
 and copies of the same duly certified by him shall bo re- 
 ceived in all courts of justice, and have the same effect as 
 the originals. And any such Recorder, Register, or other 
 recording officer of each mining district who shall neglect or 
 refuse to comply with the provisions of this section shall be 
 liable in damages to the party injured thereby, and shall be 
 liable to be punished by the judge of Probate of the County 
 in which said mining district, or the greater part thereof, is 
 situated, for contempt, by fine not exceeding five thousand 
 dollars and imprisoned not more than one year, 
 and shall be incapable of holding any such office and mining 
 claim. 
 
 27. Mining districts now existing may be continued or 
 new mining districts may be established in the manner and 
 for the purposes hereinafter provided. 
 
 I. The Recorder of every mining district now existing 
 shall at the same time that he deposits the records of said 
 districts, with the Clerk of the Probate Court, as the lasr, 
 preceding section requires, take an oath before the Judge of 
 said Court that he will faithfully perform the duties of his 
 office until another Recorder shall be elected and qualified in 
 his place, which oath shall be recorded by the Clerk of the 
 Probate Court. He shall record iu a book to be kept by him 
 for that purpose all notices of claims or rights to veins, min- 
 eral deposits, mineral lands, and auxiliary lands, which may 
 be left with him to be recorded, and shall note on all papers 
 which may be received by him to be recorded, the time when 
 they were so received by him, and they shall be considered 
 as recorded from that time. He shall when requested by any 
 such claimant go with him to his claim and see that the same 
 is measured by metes and bounds, and marked by substan- 
 tial monuments on the surface of the earth, and shall make 
 a record of the same, and of the time when it was don ; > 
 and certify it to be correct, or shall make a record and certi- 
 ficate of the same on the evidence of a credible witness, who 
 was present when the same was done, and is cognizant <n* 
 the facts, and whose name shall be entered on the record. 
 He shall, when requested by any such claimant, go with him 
 to his claim, and examine any shaft that may be sunk by 
 
10 MINING LAW. 
 
 him, or tunnels that may be opened to the same, and make 
 measurements of the same, and a record and certificate as 
 aforesaid ; and he shall in like manner examine, measure or 
 estimate, and make and record a certificate of any work 
 which is required by law to be done by a claimant. And 
 the said recording officer shall quarterly file with the Clerk 
 of the Probate Court of the County in which said district is 
 located a copy by him certified of all records made by him for 
 the three months last preceding, which shall be duly recorded 
 by said Clerk, and a copy of said record duly certified by 
 him shall be evidence of its contents in all courts of this Ter- 
 ritory. And such recording officer shall be liable to all the 
 penalties provided in the preceding section, if he shall neg- 
 lect or refuse to perform any of the acts and duties required 
 of him by this section, but shall not be required to perform 
 any such service until his fees for the same, to be fixed by the 
 mining districts, are paid him, if he requests it. And if any 
 paper deposited with him for record is required to be recorded 
 by the Clerk of the Probate Court, he shall at the time said 
 paper is so deposited with him, take and receive the fee fixed 
 by law for recording such paper by said Clerk, and pay the 
 said Clerk said fee when he deposits said paper with him to 
 be recorded as aforesaid. All such mining districts may make 
 laws not inconsistent with the laws of the Territory, may 
 elect officers for the government of such districts, and fix 
 their compensation, but all such acts and proceedings shall be 
 recorded, and all records and papers thereof filed with the 
 Clerk of the Probate Court as aforesaid. 
 
 II. Any number of persons not less than twelve, owning 
 mining claims in any mining district, or in any contiguous 
 mining districts, or who have discovered and may wish to 
 denounce a mine or mineral lands, not within the limits of 
 any established mining district, may proceed to make a new 
 mining district at a meeting of persons holding claims in 
 such district so to be established, and of claimants in any 
 districts to be divided or to be included therein. They shall 
 cause a notice in writing, and specifying the limits of said 
 contemplated district, signed by them, to be posted in three 
 conspicuous places in said district, and if any part of an es- 
 tablished district is to be included therein b} leaving a copy 
 

 MINING LAW. 
 
 of said notice with the Recorder of said district at least tei* 
 days before the day of said meeting. At said meeting all 
 persons holding claims as aforesaid may vote and may de- 
 termine by a majority vote of those present whether said 
 new district shall be established and its limits, but within 
 the boundaries named in the notice for said meeting, and 
 thereupon the persons holding claims in such newly estab- 
 lished district shall proceed to select a name, and make laws 
 therefor, and elect a Recorder, who shall be qualified as 
 aforesaid, v/ho shall perform all the duties and be subject to 
 all the liabilities provided in this chapter for such officers, 
 and shall file with the Clerk of the Probate Court as afore- 
 said a record of the proceedings of this and all subsequent 
 meetings at the time and in the manmer herein provided. 
 
 28. It shall be the duty of all claimants of mineral 
 tracts to sink at least one shaft of thirty feet in depth or to 
 run a tunnel of fifty feet in length, in the'Jbody of the vein 
 or in the adjoining rock, so as to test tke vein from the sur- 
 face, for the purpose of ascertaining the character and ca- 
 pacity of such mineral deposit, within the space of one year 
 from the day of first taking possession thereof, and they shall 
 notify the Recorder of the mining district that said shaft or 
 other work is completed, and that they intend working the 
 vein or mineral deposit. And the Recorder shall examine 
 said work in person, and make and record a certificate of the 
 result'of such examination, which shall contain a statement 
 of the condition and quality of the vein or mineral deposit, 
 the amount of labor performed, and a general view of the 
 results obtained. Said report shall be accompanied by three 
 specimens taken from different parts of the work, which 
 said specimens, with a copy of the record so made by him 
 shall be filed by him within the time required by this act in 
 the office of the Clerk of the Probate Court. And said 
 Clerk shall make a record of the same. Such specimens 
 shaJl be numbered and described by him, and be preserved 
 for the use of the mineralogical professorship of the Univer- 
 sity of Arizona. 
 
 29. The Judge of the Probate Court at anytime within 
 thirty days after the record made by the Clerk of said Court 
 as provided in the preceding section, upon complaint in writ- 
 
12 MINING LAW. 
 
 ing made to him bj such claimants, describing fully their 
 claims, stating the labor performed by them, and the certifi- 
 cate thereof, and that the registration of the same has been 
 made as required by law, and requesting that their title 
 thereto may be confirmed, shall cause a summons, under the 
 seal of his court, to be issued, requiring all persons inter- 
 ested to appear at a day named therein and which shall not 
 be less than sixty days from the day the same was issued, 
 and show cause why the title of such complainants and claim- 
 ants should not be confirmed, a copy of which complaint and 
 summons, duly attested by the Clerk of the Probate Court, 
 shall be published twice in the Territorial newspaper, and 
 be kept posted in the office of said Clerk from the day of is- 
 suing the same to the return day thereof; and if no person 
 shall appear on such return day to contest the right of the 
 -claimants to such claims the Judge of Probate shall examine 
 all the records filed in the office of his Clerk relating to such 
 claims, and if he finds that the said claimants have in all re- 
 spects complied with the provisions oi this chapter, he shall 
 make a decree in substance that the complainants having 
 complied with the laws of this Territory relating to the de- 
 nouncement and registration of mines have acquired a perfect 
 title to their claims (describing the same,) until the 1st day 
 of January, A. D. 1868, and forever after unless abandoned 
 by^them. And the said Clerk shall give the said claimant a 
 copy of such decree, under the seal of the court, which shall 
 be conclusive evidence of title in any proceedings relating to 
 such claims, until they are abandoned. And unless the per- 
 sons adversely interested, and contesting the title of the com- 
 plainants, shall appear on the day named in said complaint 
 and proceed as hereinafter provided, they shall be forever 
 barred from contesting the title of said complainants t such 
 claims. And if the contestants shall so appear they shall 
 on that day or some day to be fixed by said Judge proceed 
 to file an answer, setting forth their claim and case, and the 
 proceedings shall then be conducted in conformity to the pro- 
 visions of this chapter and the code of civil practice. And 
 whenever a final decree is made^ thereon, determining 
 the title to said claim or mine, by said Judge, or by any oth- 
 er court on appeal, the said Judge shall cause a record to be 
 
MINING LAW. 
 
 &kade in the office of his Clerk of such decree, and a certified 
 opy thereof may be made as aforesaid, with the like effect. 
 And any claimants of mineral lands who before this act 
 takes effect have in any way, or under any law, acquired a ti- 
 tle to such mineral lands, after filing with the Clerk of the 
 Court their evidence of title and description of claim as re- 
 quired by this chapter, may cause an examination of the shaft 
 sunk by them or other work done by them, to be made as 
 aforesaid, and take the like proceedings for the confirmation of 
 their titles, with the same effect ; Provided, This section shall 
 not apply except when the complainants are in possession of 
 such mine or mining rights, claiming title thereto. 
 
 30. By reason of the Indian wars and unsettled condi- 
 tion of the country, the time within which a shaft is required 
 to be sunk, or other labor performed on a claim, shall not com- 
 mence until two years from the day this act takes effect, and 
 all the provisions of this chapter relating thereto are suspend- 
 ed for that time, but any claimant may sink a shaft or do such 
 other labor, and at any time after the record of their claims 
 with the Probate Court, and thereupon institute proceedings 
 to confirm their titles, and be entitled to all the rights and 
 privileges provided for in this chapter. 
 
 31. No single person or company shall be compelled to 
 sink shafts or make other improvements on more than one of 
 the tracts of land claimed by him or them for the same vein or 
 mineral deposit, and any number of claimants on the 
 same vein or mineral deposit, who may unite for said purpose^ 
 shall be allowed to concentrate labor, capital, and energy, to 
 any one single point, which to him or them shall be best suited 
 to ascertain to the best advantage the general character, qual- 
 ity and capacity of that particular vein or mineral deposit, and 
 may take the like proceedings to confirm their titles. 
 
 32. After the work required by section 28 of this chap- 
 ter has been performed, and the record thereof made.as there- 
 in provided, two years shall be allowed the claimants of min- 
 eral lands to develope the same, and procure machinery and 
 provide for working the same, and during that time the same 
 shall not be considered abandoned although no work be done 
 thereon ; Provided, That in such event they shall annually, 
 and before the first day of June in each year, file with the 
 
MINING LAW. 
 
 Clerk of the Probate Court an affidavit signed by them that 
 they have not abandoned such claims but intend in good faith 
 to work them ; and said term of two years shall not commence 
 until the first day of January, A. D. 1868. And after the ex- 
 piration of said term of two years, it shall be obligatory upon 
 claimants to such mineral lands to hold actual possession of 
 them, and work the vein, which obligation shall be considered 
 as complied with by doing at least thirty days work thereon 
 in each year ; but if such claimants are prevented from work- 
 ing such vein by the hostility of Indians or other good cause, 
 rendering said working difficult or dangerous, they may by 
 authority of the Judge of Probate first obtained be relieved 
 from performing labor thereon from time to time, but for not 
 more than one year at any one time, during 1 the continuance 
 of such cause. 
 
 33. Any person who may discover a mineral vein or de- 
 posit as aforesaid, which is not included within a mining dis- 
 trict, or which may be in a mining district in which there is no 
 legally authorized Recorder, may acquire title thereto, and to 
 auxiliary lands, by giving notice as aforesaid, and recording 
 the same with the Clerk of the Probate Court of the County in 
 which the same is situated, and may take the same proceed- 
 ings with the like effect with the Clerk of the Probate Court 
 that are required to be taken with the Recorder of a mining 
 district. 
 
 34. Discoverers of mines on lands in the legal owner- 
 ship or possession of others, and not public lands, before do- 
 ing the work of sinking the shaft required by section 28 of 
 this chapter shall pay to such parties such compensation for 
 the use of the same as may be awarded by the Judge of 
 Probate, upon complaint of either party, or shall give bond to 
 such parties for payment of the same , and sureties to be ap- 
 proved by said Judge, and whenever it becomes necessary or 
 advantageous to construct tunnels for the purpose of drainage, 
 ventillation, or the better hauling of ores or other subterrane- 
 ous products or mining materials, it shall be lawful for any 
 party or parties to construct such tunnel or drift through all 
 private and public property ; Provided, That all damages 
 arising from such subterranean works to the other parties, 
 to be determined as provided a,bove, shall De paid by the par- 
 
MINING LAW. 15 
 
 ties for whose benefit such tunnelling is done, to be paid be- 
 fore said work is commenced, or security given to the satis- 
 faction of the Jir.lge of Probate for payment of the same; 
 but no damages shail be paid on pubi'ic lands when claims 
 for such lands shall be set up after such tunnel fchall have 
 been projected or aciuHyin process of construction; Pro- 
 vided, That the lapse of lime b- ween piojection and actual 
 work shall not exceed ninetj davs, and that the tunnelling 
 parties give timely notice of their project to any new claim- 
 ant of the so affected ground. 
 
 35. Whenever such tunnel as mentioned in the preced- 
 ing section shall intersect or traverse mineral deposits, or run 
 along Ldes claimed and held by other parties, then it shall 
 be at the op -iou of the owners of such other mineral deposits 
 either to pay on- -'--lajf of the expense of excavation for the 
 distance thai; such uior.el runs tiirough their mineral deposits, 
 and secure the whole of the ores excavated, or to divide the 
 ores with the tunnelling panies, ihe latter paying all ex- 
 penses of excavation, or it shall be optional with either par- 
 ty to abandon all claim to the ores excavated. 
 
 36. If in the construction of such subterranean works 
 new veins or deposits are encountered in ground not claimed 
 or owned by other parties, they shall become the property of 
 the party for whom such tunnel is constructed, and shall be 
 denounced and registered as is required of new mines, and 
 shall be governed by the same laws as are prescribed in this 
 chapter. 
 
 TITLE THREE. 
 
 OF THE ABANDONMENT AND RE-LOCATION OF MINES AND MINING 
 
 EIGHTS. 
 
 37. Any claimant or claimants not complying with any 
 of the foregoing coiid: J jo.ns and obligations shall forfeit all 
 right to any such recorded or unrecorded claims to mineral 
 and auxiliary tracts, and it shall not be lawful for him or 
 them to register such claims anew within a period of three 
 years after such forfeiture. All such tracts shall be free for 
 working and registry to any but those excepted in this 
 
10 MINING LAW. 
 
 SS, All veins and mineral deposits situated on public 
 lands, which have not been worked and occupied from the 
 time of the acquisition of the Territory by the United States 
 up to the|time of the passage of thig chapter, except as here- 
 in provided, shall be considered as abandonecTand subject to 
 registry and^denouncement. 
 
 39. All veins and mineral deposits that have been or 
 may be abandoned hereafter, shall in all cases and respects 
 be governed by the laws regulating the opening and working 
 of new veins and deposits, as prescribed in this chapter. 
 
 40. Whenever any mine, vein or mineral deposit shall 
 have been abandoned or forfeited in accordance with the pro- 
 visions of this chapter, and registered anew by other parties, 
 it shall be obligatory upon such parties to give the former 
 owners warning thereof, so as to remove from the tract with- 
 in the space of three months, anything he or they may claim 
 valuable or useful. Such warning shall be given in the near- 
 est newspaper, published in the Territory, and by posting it 
 at three of the most conspicuous places in the County where 
 the mine is situated. Three months after the expiration of 
 such warning any and all buildings, furnaces, arrastras, met- 
 als, and every other species of property which may still re- 
 main on the ground of such mine, vein or mineral deposit, 
 shall become the undisputed property of the new claimant r 
 without compensation of any kind to any person whatever. 
 
 41. Any person taking pessession of or entering upon a 
 mining claim or auxiliary lands, registered according to the* 
 provisions of this chapter, and before it is abandoned shall 
 be ousted therefrom [in a summary manner by the ocder of 
 the Probate Judge, and the malfeasor shall be adjudged to 
 pay all damages and costs consequent thereon. 
 
 TITLE FOUR. 
 
 OF PROCEEDINGS IN LITIGATED MINING CASES. 
 
 42. All the proceedings in all the causes relating to 
 mines in the courts of this Territory shall be considered equitable 
 proceedings, and be conducted according to the rules of 
 practice prescribed in equity cases/and the Judge shall hear 
 
MINING LAW. 
 
 and determine all questions on their merits and according to 
 the equitable rights of the parties. 
 
 43. In all litigated cases relative to mines the Probate 
 Judge shall take the testimony or cause the testimony to be 
 taken down in writing by the Clerk, or by a Commissioner 
 appointed by him for that purpose, and certified and filed by 
 Mm as a part of the record in the case, and whenever a wit- 
 ness is beyond the limits of the Territory his testimony may 
 be taken in like manner as in cases pending in the District 
 Court. 
 
 44. An appeal shall be allowed in all mining cases 
 from the judgment or deceee of the Probate Court te the 
 District Court, if taken within ten days after said judgment 
 or decree the appellant first giving bond with two sufficient 
 securities to the adverse party in a sum sufficient to cover all 
 costs and damages, in the discretion of the Court, conditioned 
 that he will prosecute the appeal without delay, and with ef- 
 fect, and pay all damages resulting from the same ; and if 
 the appeal is taken after the day of trial and final judgment 
 then notice thereof shall be given in writing to the adverse 
 party, and on or before the first day of the term of the Dis- 
 trict Court next thereafter, a transcript of all the papers and 
 proceedings, and the testimony, and approved report of the 
 Commissioners taken in the case, shall be certified by the 
 Clerk and filed in the District Court, at the expense of the 
 appellant, and the cause so appealed shall be tried at the 
 next term thereafter, if taken five days before the commence- 
 ment of said term, and if not taken within that time, then it 
 shall be tried at the next succeeding term. 
 
 45. All cases taken by appeal to the district Court shall 
 be tried on their merits, on the record and testimony as certi- 
 fied to the District Court, and no new testimony shall be in- 
 troduced unless it is shown in the affidavit of the party ap- 
 plying, to the satisfaction of the Court, that new, important 
 or material testimony has been discovered since the trial be- 
 fore the Probate Court, or could not be procured in season 
 to be used at said trial, and which may change the judgment 
 in the cause, and in that event said new testimony shall be 
 taken in writing by the Judge or Clerk of said District Court, 
 cr by a Commissioner, and become part of the record in the case. 
 
18 MINING LAW. 
 
 46. Writs of error may be taken out, and appeal* 
 allowed to the Supreme Court, in all mining cases brought by 
 appeal or certiorari into the District Court, on the same terms 
 as are provided for by writs of error and appeals from the 
 District Courts to the Supreme Court. 
 
 47. The District Courts shall exercise a superin- 
 tending control over the Probate Courts in all mining cases 
 by writs of mandamus, prohibition and injunction, and writ& 
 of certiorari shall issue in all cases to correct and revise 
 their proceedings, in case of neglect or refusal to allow an 
 appeal in accordance with the rules of practice prescribed 
 for the government of the District Courts. 
 
 48. The Probate Judge in all litigated mining cases, 
 when local knowledge is neeeesary, may at his own option, or 
 at the request of either party, appoint a Commission of three 
 persons skilled in mining, to proceed to any mine or mineral 
 land in question and examine the question in litigation, and 
 make a report in writing under oath of all the facts and cir- 
 cumstances bearing upon the question and relevant thereto, 
 and their report shall be rejected or approved in whole or in 
 part by the Probate Judge, and if said report shall be ap- 
 proved it shall be certified, filed and made a part of the rec- 
 ord in the cause. The said Commissioners shall receive five- 
 dollars per day each for their services while necessarily en- 
 gaged in performing the duties of said commission, to be 
 taxed as costs in the cause. 
 
 49. All disputed lines, divisions arid demarcations be- 
 tween parties claiming mineral veins, deposits, or auxiliary 
 lands, shall be determined by the Judge of the Probate Court 
 in a summary manner, according .to the provisions of this 
 chapter, and when he may judge it necessary, or is requested 
 by either .of the parties litigant, he shall appoint a commis- 
 sion as is provided in the forty-eighth section of this chapter, 
 to examine and report upon said division lines or boundaries, 
 and the same proceedings shall be had thereon as is provided 
 for in said section. 
 
 50. Whenever the members of a co-partnership or com- 
 pany, or tenants in common of mineral lands, cannot agree 
 as to the working or management of the veins or mineral de- 
 posits therein, one or more of them may make complaint to 
 
MINING LAW. 19 
 
 the Judge of Probate of the County in which said lands a IT 
 situated, setting forth the facts, who shall thereupon issue a 
 summons to the other members of said co-partnership or com- 
 pany, or tenants in common interested therein, or cause such 
 other notice to be given to them as he may think proper, re- 
 quiring them to make answer thereto, and if upon a hearing 
 on such complaint the Judge is of opinion that the claim or 
 claims of such persons are susceptible of partition, and it can 
 be equitably made between them, and the parties cannot 
 agree among themselves on making such partition, he shall 
 appoint a commission as provided in section 48 of this chap- 
 ter, whe shall go upon the claims of such partnership, compa- 
 ny or tenants in common, if necessary, and segregate their 
 claims, having in view the equities of the case and the cus- 
 toms and regulations of miners, and shall make report in 
 writing to the Judge of Probate, who shall make his decree 
 in accordance with said report, and which shall be conclu- 
 sive between the parties unless an appeal be taken as provided 
 in this chapter. Or whenever one or more of such partners 
 or tenants in common in mineral lands, and owning not less 
 than one-third of the full interest of such partnership on ten- 
 ancy therein, shall desire to work their mine, and the other 
 partners or tenants after reasonable notice, shall neglect or re- 
 fuse to unite in such working they may make complaint to 
 the Judge of Probate as aforesaid, and he shall proceed there- 
 on as before provided in this section, and if upon a hear- 
 ing of such complaint it appears to him that the complainants 
 are able to work said mine, and that there is no good reason 
 why the same should not be worked, he shall 
 make a decree to that effect, and if the other partners do. not 
 appear he may appoint an agent and receiver, who shall pro- 
 tect their rights, and see that the mine is properly worked, 
 and shall receive their proportion of the profits, but such part- 
 ners or tenants in common so authorized to work as aforesaid, 
 shall conduct said work at their own expense, and shall not 
 be authorized to bind such other persons to the payment of 
 any indebtedness which they may incur in that behalf. 
 
20 MINING LAW. 
 
 TITLE FIVE. 
 
 OF THE TERRITORIAL CLAIM, AND OF ALLUVIAL AND DILUVIAL 
 
 DEPOSITS. 
 
 51. It shall be the duty of persons who may discover 
 and claim mining rights or mineral lands, at the same time 
 that they may define the boundary of their claim or 
 claims to any lode or mine as required by the provisions of 
 this chapter to lay off and define the boundaries of one per- 
 tenencia as required by the provisions of this chapter, ad- 
 joining their claim or claims, which shall be the property of 
 the Territory of Arizona. And at the same time that they 
 present their notice of claim or claims to be recorded by the 
 Recorder of the mining district they shall also present to such 
 Recorder the claim of said Territory. And if said discover- 
 ers and claimants shall neglect or refuse to present to such 
 Recorder the claim of said Territory as aforesaid they shall 
 forever forfeit all claim to the mine or ledge so discovered by 
 them. Any recording officer recording the claim or claims of 
 such discoverers and claimants, when the claim of said Territory 
 is not filed therewith as aforesaid, shall be subject to all the 
 penalties provided in section 26 of this chapter. Such claim 
 shall be recorded as provided in this chapter for iike claims, 
 but no work shall be required to be done thereon, nor shall it 
 be considered to be abandoned so long as it is the property of 
 the Territory. And if sold, the time within which the pur- 
 chaser shall be required to work said claim shall commence 
 from the day of sale, except when the time is suspended as 
 before provided. Every Clerk of the Probate Court as soon 
 as he records the said claim shall send a copy of his record to 
 the Treasurer of the Territory, and no fees shall be charged 
 by any recording officer in any matter relating to said claim. 
 And the Territorial Treasurer may at any time after six 
 months from the day he receives such record as aforesaid, and 
 at such time and pLftce as in his opinion will be most for the 
 interest of the Territory, cause such claim to be sold at auc- 
 tion to the highest bidder, but every such sale shall be at 
 least twice advertised in the Territorial newspaper, and be 
 held at his office, or the office of the Clerk of the Probate 
 Court, or Recorder of the mining district of the County where 
 
MINING LAW. 21 
 
 the claim is situated. And the Treasurer is authorized to 
 make a deed of the same to the purchaser in the name of the 
 Territory. And the amount received by him shall be added 
 by him to any fund now or hereafter provided for the protec- 
 tion of the people of the Territory of Arizona against hostile 
 Indians, and be expended as provided by law. And after all 
 expenses as are incurred by the Territorial authorities for the 
 purpose of destroying or bringing into subjection all hostile 
 Indian tribes in this Territory are liquidated, then all remain- 
 ing or accruing funds, out of all or any sales of Territorial 
 mining claims, shall be applied as a sinking fund for school 
 purposes. 
 
 52. The extraction of gold from alluvial and diluvial 
 ieposits, generally termed placer mining, shall not be consid- 
 ered mining proper, amd shall not entitle persons occupied in 
 it to the provisions of this chapter, nor shall any previous sec- 
 tion of this chapter be so construed as to refer to the extrac- 
 tion of gold from the above mentioned deposits. 
 
 53. This chapter shall be in force and take effect from 
 and after the 1st day of January, A. D. 1865. 
 
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