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and in the absence of such agents, by posting on the property. By Section five the contractors and all parties interested in the property are to be made parties defendant; also requiring the publication of notice, as in Section 9 of the act of 1872.5 Section six provides that the lien or liens, singly or in the aggregate, of sub-contractors, etc., shall not exceed the amount due the original contractor. Section seven provides that where notice is given according to Section 1, and the work or materials are not done or furnished, or are paid for, satisfaction or a withdrawal of the notice shall be entered on the record within five days after notice from the owner, or for failure forfeit $20; for the first refusal, $50; and for each subsequent refusal, $100.6 By a still later act,7 most of the provisions of the foregoing statutes are re-enacted, and the acts themselves expressly repealed with a saving clause of all rights and remedies which accrued under the repealed statutes, and all suits and proceedings pending at the time of repeal. The most important changes are the forms of notices in Section two; the requirement that sub-contractors, material men, and laborers (miners) shall serve the notice on owners or post the statement before five o'clock p. m. of the Saturday following completion of the work, giving forms to be substantially followed for material men, sub-contractors, and mechanics or laborers, respectively. By Section five the “notice of claim" may be filed by sub-contractors, etc., at any time within forty days after work done or materials furnished, giving the form of such notice. By Section ten it is provided that if any contractor or sub-contractor deny the validity of any claim stated, he may bring an action in a court of competent jurisdiction making the owners and lienors parties defendant, in which suit the rights of the parties may be adjudicated; or the lienors may, in their action to enforce the lien, make the contractor or

sub-contractors parties defendant with the owners, and the former, in their answer, may deny the validity of the claims stated. Section twelve provides for suits to enforce liens by bringing in all the claimants; and in case the amount for which the property is sold on execution is insufficient to satisfy the claims in full, it is to be distributed pro rata, and judgment is entered for the amount unsatisfied in each case. Section fifteen provides for the aggregation of accounts by assignment, so as to make up the necessary amount of twenty-five dollars, and permits the assignee to recover the whole amount. Section sixteen includes surveyors of mines as entitled to liens for their services. By this act, which is the lien law now in force, the provisions in Section 6, as to forfeiture for fraudulent statement, and attachment are omitted. So, also, is the provision in Section 1 of the amendatory act of 1876, as to notice prior to completion of the work or furnishing materials. The penalty provided in Section 7 of the amendatory act for failing or refusing to withdraw notice of claim recorded prior to commencement, is no longer applicable under the new law. Beyond this the law is substantially the same as it was prior to the act of 1881.8

1 Ch. lix.

2 Session Laws, 1872.

3 General Laws, p. 587.

4 An act to amend an act entitled "An act to secure liens to mechanics and others, and to repeal all other acts in relation thereto," approved February 9, A.D. 1872.-Session Laws, 1876.

5 Supra.

6 General Laws, p. 593.

7 An act to secure liens to mechanics and others, and to repeal
all other acts in relation thereto, approved February 12, 1881.
8 Session Laws, 1881, p. 168.

§ 261. Limitations.1-By "an act limiting the time for bringing actions respecting real estate,2" it is provided

in Section one that peaceable and undisputed possession for five years, under claim or color of title, made in good faith, and the payment of legally assessed taxes on the mining claim, shall raise a conclusive presumption of title in the possessor, whether such possession and payment of taxes were by himself or his grantors. By Section two it is provided that the mere payment of taxes for this period, upon unoccupied claims, or the improvements thereon will suffice, where the claim is made in good faith. And the rights of purchasers, devisees and decedents under the taxpayers are the same as by the preceding section; Provided, some one having a better paper title has not paid the taxes for one or more of the five years which constitute the adverse holding. By Section three the two preceding sections are rendered inapplicable to lands or tenements owned by the United States, except as to possessory rights to mining claims; to claims held or owned by persons resting under the disabilities of infancy, insanity, or imprisonment; Provided, that an action be brought for the recovery of the mining claims within one year after removal of the disability, and where the land is unoccupied, reimburse the payer of the taxes, with interest at 25 per cent. per annum; and to mining claims relocated on account of forfeiture under the provisions of the act of Congress of May 10, 1872. By Section four it is provided that the defendant in possession may plead the statute in bar of a recovery by plaintiff in all actions at law or in equity, excepting actions of ejectment.3 But a failure to plead the statute will be deemed a waiver of its benefits.4

1 Ch. lx.

2 Sess. Laws, 1874.

3 This action abolished as a distinct form of proceeding, though the action for the recovery of possession of real estate serves the same purpose.-Code.

4 Gen. Laws, p. 600.


§ 262. Ore.1-An act to facilitate the recovery of ore taken by theft or trespass-to regulate the sale and disposition of the same, and for the better protection of mine owners,2 provides in Section one that persons engaged in milling, sampling, concentrating, reducing, shipping or purchasing ores, shall keep a book, in which shall be entered the name of the party on whose behalf the ore is delivered; the name of the teamster or packer, and the owner of the train or pack-train by which it is delivered; the weight or amount of each lot; the name and location of mine or claim, and the date of delivery. By Section two, that parties from whom ore has been stolen, having a present interest in the ore, upon making affidavit to the facts before a justice of the peace or police magistrate in the state, on presenting a certified copy of the affidavit, may examine the entries in such book for the fifteen days next preceding the filing of the affidavit. Section three of the act provides in substance that for a violation of the spirit of the preceding section so as to defeat the purposes of the act, the party so offending, whether a person or corporation, shall be subject to a penalty to be paid to the party aggrieved, of not less than fifty, nor more than $300, and in addition an action for damages sustained by reason of the failure of duty, and renders a false entry in the books, prima facie evidence that it was wilfully made. By Section four it is provided that neglect or failure to make the necessary inquiries shall not excuse a failure to make the proper entries in the book. By Section five it is provided that any person knowingly purchasing or contracting for ores, taken from a mine or claim contrary to the penal laws of the state, shall be considered as an accessory after the fact, and subject to the same punishment as the principal. By Section six the persons or corporations dealing in ores mentioned in

the first section, for keeping or using false or fraudulent scales or weights for ascertaining the quantity of ore, or false or fraudulent assay scales or weights, knowing them to be false, are subjected to penalty of not more than $1,000 or less than $100, or imprisonment for not more than one year, or both such fine and imprisonment, at the discretion of the court. By Section seven the same penalties are denounced against the same class of dealers in ores, who knowingly alter or change the true value of ores delivered, substitute other ores, or deliver a false bill or certificate of purchase that fails to show the correct weight, assay value and total amount paid for any lot or lots of ore. Section eight makes the stealing, removing or concealing, or breaking or severing with intent to steal or fraudulently conceal or remove any ore, by any person, lessee, licensee or employe, a felony, punishable as grand larceny,3

1 Ch. lxxiii.

2 Approved February 7, 1877.
3 Gen. Laws, p. 671.

§ 263. Public lands.1-By Section seven of this chapter, which is intended to define the rights of occupants of public land, it is provided that where land is held for other than mining purposes under a recorded declaration, all lodes or diggings shall be excepted and subject to occupancy and enjoyment for mining purposes. Section eight gives a right to bring certain forms of action, including forcible entry and detainer, etc., and by Section twelve the provisions of Section 8 are made applicable to mining claims, with the proviso that the citizens of a mining district may declare abandonment a forfeiture of all rights previously claimed. Section fifteen provides that the owner of improvements on public land held for arable, building, milling or other legitimate purposes,

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