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may demand a bond in double the value of such improvements, to be approved by a justice of the peace of the township, from any one demanding the right to mine on such premises, conditioned that such person will pay all damages accruing to such improvements from such mining operations. Section sixteen provides for the hearing of testimony by the justice of the peace as to the value of the improvements. Section seventeen provides for the justification of the sureties. Section eighteen allows the owner of the improvements to make a weekly demand for compensation from the obligees in the bond as the mining progresses.2

1 Ch. lxxxiii; Rev. Stat., Ch. lxxii.

2 Gen. Laws, p. 713.

§ 264. School of Mines.-The act incorporating the "School of Mines" at Golden, fixes the number of trustees at five, designates the trustees for the first year, prescribes the oath of office, their powers and duties, declares the object of the school, authorizes the procurement of machinery, etc., enumerates the officers, provides for taxation in aid of the school, together with numerous other provisions for the management of the institution.2 This act was amended by repealing Section twelve, which provided a tax of one-tenth of one mill on the dollar, and prescribing a tax of one-fifth of one mill for the support of the school for the years 1879-80.3 This section was afterwards so amended as to require the tax to be levied and collected annually.4 Section six of the act was also amended, declaring the objects of the school to furnish the same instruction as in other high grade technical schools, and confer degrees.5

1 Ch. xci.

2 Gen. Laws, p. 803.
3 Sess. Laws, 1879, p. 158.
4 Sess. Laws, 1881, p. 220.
5 Sess. Laws, 1881, p. 219.

§ 265. Weights and measures.1-Section three of this chapter provides with respect to the measurement of water, that "water sold by the inch by any individual or corporation, shall be measured as follows, to-wit: Every inch shall be considered equal to an inch square orifice under five inch pressure, and a five inch pressure shall be from the top of the orifice of the box put into the banks of the ditch to the surface of the water; said boxes, or any dot or aperture through which such water may be measured, shall in all cases be six inches perpendicular inside measurement, except boxes delivering less than twelve inches, which may be square, with or without slides; all slides for the same shall move horizontally, and not otherwise; and said box put into the banks of ditch shall have a descending grade from the water in ditch of not less than one-eighth of an inch to the foot."2 1 Ch. cii., Rev. Stat. lxxxix.

2 Gen. Laws, p. 926.


§ 266. Taxation.-By Section three of Article X, of the Constitution, mines and mining claims bearing gold and silver and other precious metals are exempt from taxation for ten years from the adoption of the constitution. From this exemption is expressly excepted "the net proceeds and surface improvements" of mines. The attempt to tax the net proceeds of mines has been made, but it is found that though not exempt the absence of necessary legislation leaves them practically exempt. The constitution is not self-enforcing, and the nature of the property is such that it cannot be taxed under the general revenue law.2

1 1876.

2 See ante, Ch. xiv., § 157 n. 8, "Taxation."-Opinion of Judge HELEM.

§ 267. Irrigation-Water rights.-Article XVI of the constitution is devoted to mining and irrigation. Section one requires the appointment of a commissioner of mines. Section two requires the legislature to provide for the ventilation of mines, and to prohibit the employment in mines of children under twelve years of age. Section three authorizes drainage laws. Section four authorizes the establishment of a school of mines, under state patronage. Section seven gives a right of way across public and private lands to conduits for carrying water for mining and other purposes, upon payment of just compensation. Sections five, six and eight refer to water rights; declaring natural streams to be public property; that the right of appropriation shall never be denied; recognizing priority of appropriation as giving the better right; giving the preference to water used for domestic purposes when there is not enough for all, and authorizing the legislature to fix maximum rates to be charged for water.1

1 Gen. Laws, p. 71.




SECTION 268-Length of lode claims.

269-Width of lode claims.

270-Discoverer to record claim.

271-When certificate void.

272-Manner of locating.

273-Marking surface boundaries.

274-Requisites of location.

275-Time discoverer has to perform labor.

276-Certificate construed to contain.

277-Claim not beyond exterior lines.

1 Rev. Code 1877, Ch. xxxi., p. 159.

SECTION 208-Claims embject to right of way.

279-Owner may demand security from miner.
20-Fong amended certificate.

-Work performed annually.

-Adavit of labor.

289-Relocating abandoned claims.

34-One certificate, one location.

255-Fee for recording.

286-Disputed claims-Survey of mine-Limitations.


288-Location and notice of claim.

233-Recording of claims.

288a-Destruction of notice-Misdemeanor.
2896-Rights of way and easements.
289c-Water rights.

§ 268. Length of lode claim.-SEC. 1. The length of any lode claim hereafter located within this territory may equal, but shall not exceed, 1,500 ft. along the vein or lode.

§ 269. Width of lode claims.-SEC. 2. The width of lode claims shall be 150 ft. on each side of the center of the vein or crevice; Provided, That any county may, at any general election, determine upon a greater width, not exceeding 300 ft. on each side of the center of the vein or lode, by a majority of the legal votes cast at said election; and any county, by such vote at such election, may determine upon a less width than above specified; Provided, That not less than 25 ft. each side of vein or lode shall be prohibited.

§ 270. Discoverer to record claim.--SEC. 3. That the discoverer of a lode shall, within twenty days from the date of discovery, record his claim in the office of the register of deeds of the county in which such lode is situated, by a location certificate, which shall contain: (1) The name of the lode. (2) The name of the locator. (3) The date of location. (4) The number of feet in length claimed on each side of the discovery shaft. (5) The number of feet in width claimed on each side of the vein or lode. (6) The general course of the lode as near as may be.

§ 271. When certificate void.-SEC. 4. Any location certificate of a lode claim which shall not contain the name of the lode, the name of the locator, the date of location, the number of lineal feet claimed on each side of the discovery shaft, the number of feet in width claimed, the general course of the lode, and such description as shall identify the claim with reasonable certainty, shall be void.

§ 272. Manner of locating.-SEC. 5. Before filing such location certificate the discoverer shall locate his claim by first sinking a discovery shaft thereon sufficient to show a well defined mineral vein or lode; second, by posting at the point of discovery, on the surface, a plain sign or notice containing the name of the lode, the name of the locator and the date of the discovery; the number of feet claimed in length on either side of the discovery, and the number of feet in width claimed on each side of the lode; third, by marking the surface boundaries of the claim.

§ 273. Marking surface boundaries.-SEC. 6. Such surface boundaries shall be marked by eight (8) substantial posts, hewed or blazed on the side or sides facing the claim, and sunk in the ground, to-wit: one at each corner, and one at the center of each side line, and one at each end of the lode. Where it is impracticable, on account of rock or precipitous ground, to sink such posts, they may be placed in a monument of stone.

$274. Requisite of location.-SEC. 7. Any open cut, cross cut or tunnel, at a depth sufficient to disclose the mineral vein or lode, or an adit of at least ten (10) feet in along the lode, from the point where the lode may be in any manner discovered, shall be equivalent to a disCovery shaft.

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