L

Co., 9 Nev. 346; Lady Bryan, &c. Co. vs. Lady Bryan M. Co., 4 Nev. 414; Johnson vs. Wide West M. Co., 22 Cal. 479.

61 Hobart vs. Ford, 6 Nev. 77; Sierra Nevada M. Co. vs. Sears, 10 Nev. 346.

62 Lyon vs. Woodman, 3 Leg. Gaz. 81.

63 Cole &c. Co. vs. Virginia, &c. Co., 1 Saw. 470 (by SAWYER,J.), 686; (by FIELD, J.)

64 Pralus vs. Jefferson, &c. M. Co., 34 Cal. 558.

65 Pralus vs. Pacific, &c. Co., 35 Cal., 30; Atwood vs. Fricot, 17 Cal. 37; English vs. Johnson, id. 107.

66 Pralus vs. Pacific & C. Co., supra.

§ 159. Pleading. --Very little can be profitably inserted here, as to the manner in which parties to controversies concerning mines should make up their issues. What has already appeared in connection with the principal kinds of actions, and the peculiar rights affected, will be sufficiently suggestive without going over the same ground in order to present the same questions under this heading. There is one matter, however, that will form a feature in the complaint, in every action affecting the possessory right to the mining claim, and that is the description of the claim itself. This is important as a matter of identification, and too much care cannot be bestowed upon it to render it certain, definite and intelligible. However, as an evidence that the courts are not always unreasonably strict, the following is offered as an instance of description, approved of in a complaint in ejectment: "Acertain tract or parcel of mining ground, located on the middle fork of the American River, at the mouth of Mad cañon, township number six, Placer county, state aforesaid, described as follows, to-wit: Lying on New York bar, at the mouth of said Mad cañon aforesaid, fronting on said American River, and bounded on the south by said river, at low-water mark. Said claim being in front 120 feet, more or less, and on the easterly by a tract of mining claims known as the Carr claims and on the westerly by a tract of mining claims known as the New York bar claims and the Rich claims; and northerly by claims known as the Bank claims. Said claims of plaintiffs above described being 120 feet in width, more or less, and extending back across New York bar in length 300 feet, more or less, and further known as the Dutch claims.'"1

1 Grady vs. Early, 18 Cal. 108.

§ 160. Jurisdiction.---Courts in the states having general jurisdiction, or those whose special jurisdiction extends to actions involving the title to real estate, are entitled to try questions as to possessory rights to mining claims on the public domain.1 And where the matter at issue is nothing more than the question of compliance or non-compliance with the local law, their jurisdiction is exclusive between citizens of the state.2 It is otherwise, of course, where a federal question, or the construction of an act of Congress, is necessary to determine the rights of the parties. In the latter event the federal courts will have concurrent jurisdiction, and such cases may be removed to these tribunals from the state courts. But the petition for such removal should state the particular questions involved in the controversy which gives jurisdiction to the United States courts and renders the case removable.4 The jurisdiction of the subject-matter, or territorial jurisdiction, will be governed by the situation of the mining claim, according to counties, or districts, as the state law may determine. Jurisdiction of this character cannot be conferred on the court by consent of parties, as it may be where it is only a question of jurisdiction of the person.5

B

tio

this

tof

ris

та

SECTION 161-Location and registration according to district rules.

162-Duties of recorders-Fees.

163-Prior locations valid.

164-Rights of territory relinquished.

165-Act applies only to lode claims.

166-Repeal of conflicting acts.

167-When act took effect.

168-Partition.

169-Thirty days' notice of application.

170-Proceedings after notice.

171-Appearance-Procedure-Appeal.
172-Limited application of statute.

173-Repealing clause.

174-Limitation of actions.

175-Jurisdiction.

176-Soldiers to hold claims.

177-Placer mines and mining.

§ 161. Location and registration according to district rules.-SEC. 1. The mining districts heretofore created in the several counties of this territory are hereby authorized and empowered to make all necessary rules and regulations for the location, registry and working of mines therein: Provided, That all locations and registrations of mines and mineral deposits hereafter made in any of the said districts shall be transmitted to the county recorder for record within sixty days after the same shall have been located.

§ 162. Duties of recorders-Fees. - SEC. 2. The county recorders of the several counties are authorized and required to procure suitable books in which the records of all mines and mineral deposits shall be kept, which said books shall be paid for out of the county treasury, and they shall receive for their services herein the following fees: For recording and indexing each claim not exceeding one folio, one dollar; and for each additional folio, twenty cents.

§ 163. Prior locations valid.-SEC. 3. Nothing in this act shall be so construed as to affect the claims to mines and mineral deposits heretofore located and duly recorded.

§ 164. Rights of territory relinquished. -SEC. 4. The claim of the territory to all mining claims heretofore located is hereby abandoned, and the same are hereby declared open to relocation and registry: Provided, That nothing herein contained shall be so construed as to affect mining claims heretofore sold and disposed of by the territory.

§ 165. Act applies only to lode claims.-SEC. 5. Nothing in this act shall be construed to apply to placer mines or mining, or other mineral deposits other than those commonly called veins or lode mines.

§ 166. Repeal of conflicting acts. -SEC. 6. Chapter fifty of the Howell code, entitled, "Of the registration and governmeut of mines and mineral deposits," as well as all other acts or parts of acts in conflict with the provisions of this act, are hereby repealed.

§ 167. When act took effect. -SEC. 7. This act shall take effect and be in force from and after the first day of January, A. D. eighteen hundred and sixty-seven.1

1 An act providing for the location and registration of mines mineral deposits, and for other purposes, approved November -COMPILED LAWS, p. 533.

AN ACT TO PROVIDE FOR THE SEGREGATION OF MINING

CLAIMS.1

§ 168. Partition.-SEC. 1. Whenever any one or more joint owners or tenants in common of gold, silver, copper or mineral bearing ledges or claims, may desire to work or develop such ledges or claims, and any other owner or owners thereof shall fail or refuse to join in said work, after due notice of at least thirty days, given by publication in one newspaper printed in the county in which such ledges or claims are located; and if none be printed in said county, then in any newspaper printed in the territory; said notice to have publication in four successive weeks of said paper; said other owner or owners may upon application to the district court of the district wherein the ledge or claim is situated, cause the interests of said parties so refusing to be set off or segregated as hereinafter set forth.

1 Approved September 30, 1867.

§ 169. Thirty days' notice of application.-SEC. 2. The owner or owners of any mineral-bearing ledge or claim, after the expiration of said thirty days' notice having been given, may, if the party or parties notified fail or refuse to join in the working or developing said ledge or claim, apply to the court of the county in which said claim may be situated, for a partition or segregation of the interest or interests of the party or parties so failing or refusing to join.

§ 170. Proceedings after notice. -SEC. 3. The party or parties so applying shall set forth the fact that the said parties have been duly notified, in accordance with section one of this act, and that said party or parties have. failed or refused to join in said work; all of which shall be sustained by the oath or affirmation of one or more of the parties applying; and, upon such application being