Sivut kuvina


the title of this section: Section one is that owners of
mining claims should have free ingress and egress across
other claims, for all necessary purposes. Section two,
that where a mine cannot be conveniently worked with-
out a road thereto, a ditch or cut to convey water thereto
or therefrom, a flume or tunnel, or a place to dump tail-
ings, either of which must pass across or through, or the
dumping ground be upon, other claims, the owner of the
first mentioned mine shall be entitled to such easement
by complying with the provisions of the act. Section
three, when the right cannot be acquired by private
agreement, the party claiming it shall petition the county
court, or the judge, if in vacation, praying for an award
of the same. The petition is to be verified and contain a
description of the easement sought, the claim of the peti-
tioner, and also those to be affected, show that the right
has not been acquired by agreement, and pray for the
allowance of the right and the appointment of three com-
missioners to assess the damages. Section four provides
for the issuing of a citation to the owners of claims to be
affected, on the filing of the petition, to appear on a day
fixed not less than ten days from service, which service
shall be as provided for summons in ordinary proceed-
ings, and show cause why the prayer should not be
granted. Section five provides that upon hearing proofs
on the return day, or an adjourned day if necessary, the
court or judge, if satisfied of the necessity for the right,
shall make an order adjudging the same, and appointing
three disinterested parties to assess the damages. Sec-
tion six requires the commissioners, being sworn, to pro-
ceed without delay to examine the property, take testi-
mony as to the value of the property and the damages,
and report in writing to the court. Such report shall
designate and describe the proposed easement by course,
magnitude and location, the value of lands appropriated,

and assign the damages to each servient claim. Section seven provides that for good cause shown, within ten days from the filing of the report, the same may be set aside on motion and a new commission appointed. But where this or any subsequent report is allowed to stand, the court or judge shall make an order in pursuance thereof. Section eight provides for the successful petitioner, after paying the damages awarded, entering into the enjoyment of his privilege. Section nine makes the provisions of foregoing sections applicable to miners wishing to discharge tailings into a water-course upon which water rights have been acquired; but provides that such commission shall not be appointed unless the court or judge be satisfied that the privilege can be enjoyed without especial injury to the riparian proprietors. Section ten requires all costs and expenses, including five dollars a day to the commissioners, to be paid by the petitioner. Stat. 1869-70, p. 569.

§ 200. Water rights.1-SEC. 1410. The right to the use of running waters flowing in a river or stream, or down a cañon or ravine, may be acquired by appropriation. SEC. 1411. The appropriation must be for some useful or beneficial purpose, and when the appropriator, or his successor in interest, ceases to use it for such a purpose, the right ceases. SEC. 1412. The person entitled to the use may change the place of diversion, if others are not injured by such change, and may extend the ditch, flume, pipe or aqueduct by which the diversion is made to places beyond that where the first use was made. SEC. 1413. The water appropriated may be turned into the channel of another stream and mingled with its water, and then reclaimed; but in reclaiming it the water already appropriated by another must not be diminished. SEC. 1414. As between appropriators, the one first in time is the first in


right. SEC. 1415. A person desiring to appropriate water
must post a notice in writing in a conspicuous place, at
the point of intended diversion, stating therein: 1. That
he claims the water there flowing to the extent of (giving
the number) inches, measured under a four-inch pres-
sure. 2. The purposes for which he claims it, and the
place of intended use. 3. The means by which he in-
tends to divert it, and the size of the flume, ditch, pipe,
or aqueduct in which he intends to divert it. A copy of
the notice must, within ten days after it is posted, be re-
corded in the office of the recorder of the county in which
it is posted. SEC. 1416. Within sixty days after the no-
tice is posted the claimant must commence the excava-
tion or construction of the works in which he intends to
divert the water, and must prosecute the work diligently
and uninterruptedly to completion, unless temporarily
interrupted by snow or rain. SEC. 1417. By “comple-
tion " is meant conducting the waters to the place of in-
tended use. SEC. 1418. By a compliance with the above
rules, the claimants' right to the use of the water relates
back to the time the notice was posted. SEC. 1419. A
failure to comply with such rules deprives the claimants
of the right to the use of the water, as against a subse
quent claimant who complies therewith. SEC. 1420. Per-
sons who have heretofore claimed the right to water, and
who have not constructed works in which to divert it,
and who have not diverted nor applied it to some useful
purpose, must, after this title takes effect, and within
twenty days thereafter, proceed as in this title provided,
or their right ceases. SEC. 1421. The recorder of each
county must keep a book in which he must record the
notices provided for in this title. SEC. 1422. The rights
of riparian proprietors are not affected by the provisions
of this title.2

1 Title viii., Civil Code.

2 Hart's Civil Code, p. 212.

§ 201. Police Regulations-Protection of miners.— Where the owners of quartz mines find it necessary to work at a depth beyond three hundred feet, where the number of twelve men are daily employed in such mines, they are required to provide an additional mode of egress, connecting with the main workings at not less than one hundred feet from the surface. In case of death or injury to any one by reason of failure to comply with these requirements, the owner or owners of such mine shall be jointly liable to the injured party, or in case of death, to the heirs or relatives of deceased. In the latter case the action may be maintained and recovery had under the provisions of "an act requiring compensation for causing death by wrongful act, neglect or default.” Approved April, 26, 18621. Also for the protection of coal miners the owner, lessee, or agent is required to keep a copy of an accurate map on a scale of one hundred feet to the inch, at the mines, open to inspection by the workmen. To provide at least two shafts or slopes, or outlets, separated by strata not less than one hundred feet in breadth, with distinct means of ingress and egress. To provide adequate ventilation, not less than fifty-five cubic feet per second of pure air for every fifty workmen employed, to be circulated throughout the workings and expel the noxious gases, and all such workings shall be kept clear of standing gas. For the purposes aforesaid, to employ a competent inside overseer, who shall also keep careful watch of the timbering, etc., and see that loose coal, shale, slate, etc., over head is secured against falling, and see to all things involving the safety of the workmen. For any injury to person or property, occasioned by any violation of the act, an action will lie against the negligent party. For wilful negligence by the overseer he is punished as for a misdemeanor, and in case of death from such wilful negligence, shall be

deemed guilty of manslaughter. Boilers used for generating steam, are required to be kept in good order, and examined by a competent boilermaker as often as once in three months. The act does not apply to opening a new mine.2

1 Stat. 1871-72, p. 413.

2 Stat. 1873-74, p. 726.

§ 202. Quicksilver.-A statute which has for its object the prevention of adulteration of quicksilver requires producers and importers to stamp upon every tank or vessel the name of the producer or importer, the date when the stamp is applied, and the quantity contained in the vessel. This stamp is required to be placed on wax, over the orifice or top of the vessel in such a way that the contents of the vessel can not be discharged without breaking the same. This must be done before removing the vessel from the works of the producer or the warehouse of the importer. The falsification of any such stamp is declared to be forgery, punishable by imprisonment for not less than one, nor more than five years. The adulteration of quicksilver by mixing base metals therewith is made a misdemeanor, punishable by fine not exceeding one thousand dollars, or imprisonment in the county jail not exceeding one year, or both such fine and imprisonment. The vending of quicksilver not previously employed in mining or the mechanics' arts, of which the purchaser is informed, which has been adulterated as aforesaid, renders the seller liable in quadruple damages to the purchaser, to be recovered by civil action1.

1 Stat. 1865-66, p. 191.

§ 203. Fixtures.-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 mine1.

1 Hart's Civil Code, § 661, p. 126.

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