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§ 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, oсcasioned 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 minel.

1 Hart's Civil Code, § 661, p. 126.

III. COLORADO.

204-27. CH. LIVL GEN. LAWS. "MINES AND MINING CLADES.

2:35. PRESENT LAW OF LOCATION, ETC. LODE CLAIMS. $234-45. RESIDUE OF CH. LXVI, GEN. LAWS-SURVEY OF MINES IN LITIGATION-PENAL PROVISIONS-DRAINAGE.

246-7. LOCATION, ETC.-PLACER MINES.

2455 CODE PROVISIONS.

§356-65. MISCELLANEOUS PROVISIONS FROM GEN. LAWS, WITH AMENDMENTS, CONDENSED.

§296-7. CONSTITUTIONAL PROVISIONS.

SECTION 204-Term "Clarm" defined-Prior rights preserved.

905-Right of way for water.

246-Security of surface rights.

207-Record of tunnel claims.

205-Tunnel claims defined.

209-Cross-lodes or lodes uniting.

210-Two crevices the same lode.

211-Flooding claims.

212-Right of way for hauling quartz.

213-Soldiers' claims.

214-District records-Transcripts used as evidence. 215-Locations to conform to acts of Congress.

216-Validating former pre-emptions and locations.

217-Prior rights.

218-Length of lode clarms.

219-Width of lode claims.

220-Recording.

221-What location certificate to contain.

222-Location and boundaries.

223-Marking surface boundaries.

224-Substitution for discovery shaft.

225-Time for sinking discovery shaft.

226-What location includes.

227-Lodes not followed beyond lines on the strike.

228-Right of way for ditches and flumes.

229-Security of surface rights.

230-Additional certificate of location.

231-Affidavit of work and improvements.
232-Relocation of abandoned claims.

233-Certificate to cover but one location.
234-Survey of mines in litigation.

235-Penal provisions-Dispossession by force.
236-Homicide on forcible entry-Aiders and abettors.

237-Drainage of contiguous mines.

238-Contribution by parties benefited.
239-Companies for drainage incorporated.

240-Forced contribution to drainage.

241-Inspection to determine cost of drainage.

242-When water from mines becomes common property.

243-Liability for damage caused by drainage from

mines.

244-No drainage of undeveloped mines.

245-Evidence under the act.

246-Location and recording of placers.

247-Annual labor-Forfeiture.

248-Evidence of customs admissible in actions.

249-Inspection of mines in litigation.

250-Pleading in possessory actions-Complaint.

251-The answer.

252-No abatement of damages on account of improve

ments.

253-Injunction.

254-Injunction for affirmative relief-Restitution.

255-Notice essential to affirmative relief.

256--Coal mines.

257-Commissioner of mines.

258-Mining companies.

259-Costs in adverse suits.

260-Liens.

261-Limitations.

262-Ore.

263-Public lands.

264-School of mines.

265-Weights and measures.
266-Taxation.

267-Irrigation-Water rights.

MINES AND MINING CLAIMS.

§ 204. Term "claim" defined-Prior Rights Preserved.- SEC. 1. The term claim, as used in the 1797* mining portions of this statute, when applied to a

1 General Laws, Ch. lxvi.; Rev. Stat., Ch. lxii.

lode: shall be construed to mean one hundred feet of the length of such lode, surface measurement, of the entire width of such lode or crevice: Provided, That in any case where the regulations of any mining district have heretofore defined the term claim to mean other than as above defined, nothing in this chapter shall be so construed as to impair the rights of any person or persons holding claims under such regulations as may have been heretofore established by the people of the district in which such claim or claims are situated.

* These numbers in the side correspond to the numbers of para. graphs in the "General Laws."

§ 205. Right of way for water.-SEC. 2. Whenever any person or persons are engaged in bringing 1798 water into any portion of the mines, they shall have the right of way secured to them, and may pass over any claim, road, ditch, or other structure; provided, the water be guarded so as not to interfere with prior rights.

§ 206. Security of surface rights.-SEC. 3. No person shall have the right to mine under any 1799 building or other improvement, unless he shall first secure the parties owning the same against all damages except by priority of right.

§ 207. Record of tunnel claims. - SEC. 4. If any person or persons shall locate a tunnel claim, for

1800 the purpose of discovery, he shall record the same, specifying the place of commencement and termination thereof, with the names of the parties interested therein.

§ 208. Tunnel claims defined. - SEC. 5. Any person or persons engaged in working a tunnel, within the provisions of this chapter, shall be entitled to two hundred and fifty feet each way from said tunnel, on

1801

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