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SEC. 4. The clerks of the probate courts shall, within thirty days after the publication of this act, transfer to and file in the office of the district courts of their respective counties, all records and papers in suits and proceedings relating to mines, mineral and auxiliary lands, which records and papers shall be kept and filed by the clerks of said district courts, and when so transferred and filed, said suits and proceedings shall be proceeded with as though commenced in said district courts; Provided, That in counties where there shall be no clerks of the district courts, the records and papers shall be transferred and filed as aforesaid within thirty days after the appointment of said clerks and their acceptance thereof.1 No action in regard to mining claims shall be maintained before any justice of the peace.

1 Approved Dec. 30, 1865.

§ 176. Soldiers to hold claims.-SEC. 1. All persons in the military service of the United States or this territory shall be allowed to locate claims on mineral lodes or veins in the limits of this territory, subject to the requirements of the mining laws of this territory, and shall be protected in the possession of the same, and shall have the same rights in all respects, in regard to such claims, as like persons not in the military service.

SEC. 2. All the laws of any mining district contrary to the spirit and provisions of this act are declared to be null and void, and shall not be evidence in any court having jurisdiction of mining suits in this territory.1

1 An act allowing all persons in the military service of the United States and of this territory to hold mining claims. Ap. proved Nov. 9, 1864.

§ 177. Placer mines and mining.-SEC. 1. It shall be lawful for any person, company, or association who shall place upon the mineral lands of this territory com

monly called placer mining grounds, a pump or pumps, having a capacity sufficient to raise at least one hundred gallons of water per minute, with an engine or other power attached thereto, of sufficient power to work the same, with the bona fide intention of working the said placer grounds for the purpose of extracting the gold therefrom, to locate an amount of said placer grounds equal in extent to one quarter section, in such form and direction as he or they may elect; Provided, That said location shall in no case be more than one mile in length, nor less than one-quarter of a mile in width; and, Provided, That said machinery shall be used at least three months in each year for raising water to extract the gold from said grounds, and the presence of said machinery upon said grounds shall be the only evidence of title to said grounds; but in no case shall this act be so construed as to mean placer grounds which can be worked by water brought in ditches or flumes from any stream or other deposit of water; and said locations shall not in any case be made upon any grounds in the possession of any miner or miners at the time of location.

SEC. 2. This act shall only apply to the county of Yuma.1

1 Act approved Dec. 30, 1865.


SECTION 178-Possession and possessory actions.

179-Protection of growing crops from injury by miners.

180-Jurisdiction of actions.

181-Customs, usages, and regulations.

182-Limitation of actions.

183-Foreign miners.

184-Mining corporations.

185-Same-Inspection of books-Penal provisions.

186-Assessment of stock, etc.

187-Canal, etc., companies.

188-Change of place of business-Transfer agencies.

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SECTION 189-Assessment and sale for non-payment of stock of

corporations generally.

190-Amendment of articles of association.

191-Removal of officers of corporations.

192-Protection of stockholders in mining corporations."

193-Mining partnerships.

194-Conveyance of mining claims.

195-Sale of decedents' interest in mines.

196-Sale of state mineral lands.

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§ 178. Possession and possessory actions.-By an act of the legislature 2 it was provided that occupancy of public lands, except mineral lands, could maintain an action against trespassers. This act was repealed by act of April 20, 1852,3 which provided that settlers upon the public lands for the purpose of cultivating or grazing the same, might maintain actions for interference with or injuries to their possession; provided, that where such lands contained mines of any of the precious metals the possession for agricultural or grazing purposes should not preclude the working of said mines.

1 The manner of locating claims, defining boundaries, recording, etc., seems to be governed entirely by district regulations, except as affected by acts of Congress.

2 Stat. 1850, p. 203.

3 Stat. 1852, p. 158.

§ 179. Protection of growing crops from injury by miners.1-By a subsequent statute it is provided in Section one that in mining no person shall destroy or injure growing crops, nor undermine or injure any building,

improvement, or fruit trees growing or standing upon mineral lands, and the property of another, except as provided in the act. Section two provides that any one desiring to occupy such public land in the possession of another, occupied by such crops, improvements, or trees, shall first give a bond to the owners of the crops, improvements, or trees, to be approved by a justice of the township, with two or more sureties in a sum to be fixed by three disinterested citizen householders of the township, one to be selected by the obligor, one by the obligee, and one by the justice, conditioned that the obligor shall indemnify the obligee for all damage to such improvements, crops, or trees resulting from the proposed mining operations. Section three declares a violation of either of the preceding sections a misdemeanor punishable by fine of not less than fifty nor more than two hundred dollars, or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment, with the proviso that such mineral lands may be worked by miners after the crops are harvested. 1 Stat. 1855 p. 145.

§ 180. Jurisdiction of actions.-Except in San Francisco, justices of the peace were by statute clothed with jurisdiction of actions to determine the right to mining claims.1 This was subsequently amended so as to give them jurisdiction "of an action to determine the right to a mining claim, and for damages for injury to the same, when the damages do not exceed two hundred dollars." 2 By a subsequent statute 3 it is provided in Section sixty-three that upon the application of plaintiff in such actions the justice may appoint a receiver of the proceeds of the mine, pending the action. This section is amended by a later act, wherein the provisions of the amended statute are substantially embodied, with the additions that the application may be by the party out of

possession on notice of one day to the other party. If the parties agree upon a receiver, he shall be appointed, otherwise he shall be selected and appointed by the justice. The receiver shall take an oath that he is not interested in the action, and will honestly receive, keep, and account for the proceeds, etc. The justice has power to issue an order to any sheriff or constable to put the receiver into possession, which he shall retain so long as the action is undetermined in any court. The court in which the action is pending has power, on two days' notice to the parties, to make orders for the disposal of the proceeds for the safety of the same. The court also has power, on application of the receiver, to punish for contempt any one who disturbed the receiver in the possession of the claim. By Section sixty-four of the amended act,5 the receiver is required to keep an accurate account of receipts and disbursements, pay out the proceeds on the order of the court, on demand of either party give security for the faithful performance of his trust, and shall be allowed out of the proceeds a reasonable compensation, not to exceed 10 per cent. of such proceeds.

1 Stat. 1853, p. 298, Ch. viii., § 67, subd. 10.

2 Act of April 19, 1856, Stat. 1856, p. 133.

3 Stat. 1854, p. 71.

4 April 28, 1855, Stat. 1855, p. 199.

5 Stat. 1854, p. 71.

§ 181. Customs, usages, and regulations.-In actions respecting mining claims, proof shall 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 constitution and laws of this state, shall govern the decision of the action.1

1 Stat. 1851, p. 149.

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