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. 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mineral deposits," as well as all other acts or parts of acts in conflict with the provisions of this act, are hereby repealed.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 made, the clerk of the said court shall post a notice at the office of the county recorder, and in two other conspicuous places within the district, stating the application, and notifying the parties interested that unless they appear within sixty days, and show good cause why the prayer of the petitioner should not be granted, that the same will be granted if good cause can be shown. § 171. Appearance — Procedure-Appeal.-SEC. 1. At the expiration of said sixty days, if the party or parties notified do not appear and show good cause why the prayer of the petitioner should not be granted, the court shall appoint two commissioners to go upon the ground and segregate the claims of the parties refusing to join; and in case they do not agree, they to choose a third party; and said commissioners shall make a report in writing to said court, who shall issue a decree in conformity with said report, which shall be final, except appeal be taken to the supreme court within thirty days after issuance thereof. § 172. Limited application of statute.-SEC. 5. The provisions of this act shall not apply to the counties of Yavapai and Pima, and the county of Yuma. § 173. Repealing clause.-SEC. 6. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. § 174. Limitation of actions.-SEC. 1. No action for the recovery of property in mining claims, or for the recovery of possession thereof, shall be maintained unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within two years before the commencement of the action. SEC. 2. No cause of action or defense to an action, founded upon the title to property in mining claims, or to the rents or profits out of the same, shall be effectual unless it appear that the person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within two years before the commencement of the act in respect to which such action is prosecuted or defense made. SEC. 3. All acts or parts of acts in conflict with this act are hereby repealed1. 1 Approved Nov. 5, 1866. § 175. Jurisdiction.-SEC. 1. The district courts of said territory shall have exclusive original jurisdiction of all suits and proceedings relating to mines and mineral and auxiliary lands, and the registry and denouncement of the same, and all the jurisdiction, power and authority conferred upon the probate courts and probate judges by chapter fifty of the Howell code, entitled "Of the registry and government of mines and mineral deposits," or otherwise, are hereby conferred upon the district courts and district judges respectively. SEC. 2. That section two of title one of said chapter is hereby repealed, and also all the other provisions of said chapter, conferring jurisdiction upon the probate courts and probate judges, over suits and proceedings relating to mines, mineral and auxiliary lands, as well as other acts and parts of acts inconsistent with the provisions of this act. SEC. 3. All suits and other proceedings in said probate courts, now pending therein, and over which said probate courts have jurisdiction, are hereby transferred to, and shall be continued in, the district court of the county in which said suits and proceedings are now pending. |