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SECTION 24-Term “Clam” defined-Prior rights preserved. 916–Right of way for water. 206–Security of surface rights. 27-Record of tunnel claims.

206-Tunnel claims defined.

200-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. 213-Locations to conform to acts of Congress.

216-Validating former pre-emptions and locations.

217-Prior rights.

218-Length of lode claims.

219-Width of lode claims.


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



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.




263-Public lands.

264-School of mines.

265-Weights and measures.


267-Irrigation-Water rights.


§ 204. Term "claim" defined-Prior Rights Preserved.-SEC. 1. The term claim, as used in the 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 paragraphs in the "General Laws."


$ 205. Right of way for water.-SEC. 2. Whenever any person or persons are engaged in bringing 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. 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

§ 208.


each lode so discovered; provided, they do not interfere with any vested rights. If it shall appear that claims have been staked off and recorded prior to the record of said tunnel, on the line thereof, so that the required number of feet cannot be taken near said tunnel, they may be taken upon any part thereof where the same may be found vacant; and persons working said tunnel shall have the right of way through all lodes which may lie in its course.

§ 209. Cross lodes, or lodes uniting.-SEC. 6. When it shall appear that one lode crosses, runs into, or 1802 unites with any other lode, the priority of record shall determine the rights of claimants; provided, That in no case where it appears that two lodes have crossed one another, shall the priority of record give any person the privilege of turning off from the crevice or lode which continues in the same direction of the main lode upon which he or they may have recorded their claim or claims, but such person or persons shall, at all times, follow the crevice running nearest in the general direction of the main lode upon which he or they may have recorded their claim or claims.

§ 210. Two crevices the same lode.-SEC. 7. Where two crevices are discovered at a distance from each 1803 other, and known by different names, and it shall appear that the two are one and the same lode, the persons having recorded on the first discovered lode shall be the legal owners.

§ 211. Flooding claims.-SEC. 8. In no case shall any person or persons be allowed to flood the property 1804 of another person with water, or wash down the tailings of his or their sluice upon the claim or property

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of other persons; but it shall be the duty of every miner to take care of his own tailings upon his own property, or become responsible for all damages that may arise therefrom.

§ 212. Right of way for hauling quartz.-SEC. 9. Every miner shall have the right of way across any and all claims for the purpose of hauling quartz from his claim.



§ 213. Soldiers' claims-When forfeited.-SEC. 10. All claims taken up and recorded by persons who have, since the recording of the same, enlisted in the army of the United States, or the volunteer force of this state, shall be deemed and held as real estate for a period of two years from the expiration of their term of enlistment or discharge from service; after which time, if not represented by the said soldier or soldiers, all such claims shall be forfeited to any person who may take up the same.

§ 214. District records-Transcripts used as evidence.-SEC. 11. A copy of all the records, laws, 1807 and proceedings of each mining district, so far as they relate to lode claims, shall be filed in the office of the county clerk of the county in which the district is situated, within the boundaries of the district attached to the same, which shall be taken as evidence in any court having jurisdiction of the matters concerned in such record or proceeding; and all such records of deeds and conveyances, laws and proceedings of any mining district heretofore filed in the clerk's office of the proper county, and transcripts thereof duly certified, whether such record relate to gulch claims, lode claims, building lots, or other real estate, shall have the like effect as evidence.

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