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$ 275. Time discoverer has to perform labor.-SEC. S. The discoverer shall have thirty days from the time of uncovering or disclosing a lode to sink a discovery shaft thereon.

$276. Certificate construed to contain.-SEC. 9. The location or location certificate of any lode claim shall be construed to include all surface ground within the surface lines thereof; and all lodes and ledges throughout their entire depth, the top or apex of which lie inside of such lines extended vertically, with such parts of all lodes or ledges as continue, by dip beyond the side lines of the claim, but shall not include any portion of such lodes or ledges beyond the end lines of the claim or the end lines continued, whether by dip or otherwise, or beyond the side lines in any other manner than by the dip of the lode.

$277. Claim not beyond exterior lines.-SEC. 10. If the top or apex of the lode in its longitudinal course extends beyond the exterior lines of the claim at any point on the surface, or, as extended vertically downward, such lode may not be followed in its longitudinal course beyond the point where it is intersected by the exterior.

$ 278. Claims subject to right of way.—SEC. 11. All mining claims now located, or which may be hereafter loeated, shall be subject to the right of way of any ditch or flume for mining purposes; or of any tramway or pack trail which is now in use, or which may be hereafter laid out across any such location: Provided, always, That such right of way shall not be exercised against any location duly made and recorded, and not abandoned prior to the establishment of the ditch, flume, tramway, or pack trail without consent of the owners except by condemnation,

as in case of land taken for public highways; parol consent to the location of any such easement, accompanied by the completion of the same over the claim, shall be sufficient without writing: And, provided further, That such ditch or flume shall be so constructed that the water from such ditch or flume shall not injure vested rights by flooding or otherwise.

$279. Owner may demand security from miner.-SEC. 12. When the right to mine is, in any case, separate from the ownership or right of occupancy to the surface, the owner or rightful occupant of the surface may demand satisfactory security from the miner, and if it be refused, may enjoin such miner from working until such security is given. The order for injunction shall fix the amount of bond.

§ 280.

Filing amended certificate.-SEC. 13. If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that his original certificate was defective, erroneous, or that the requirements of the law had not been complied with before filing, or shall be desirous of changing his surface boundaries, or of taking in any part of an overlapping claim which has been abandoned, or in case the original certificate was made prior to the passage of this law, and he shall be desirous of securing the benefit of this act, such locator or his assigns may file an additional certificate subject to the provisions of this act; Provided, That such location does not interfere with the existing rights of others at the time of such relocation, and no such relocation or the record thereof shall preclude the claimant or claimants from proving any such title or titles as he or they may have held under the previous locations.

§ 281. Work performed annually.-SEC. 14. The amount of work to be done or improvements made dur

ing each year to hold possession of a mining claim, shall be that prescribed by the laws of the United States, to-wit: one hundred dollars annually.

§ 282. Affidavit of labor.-SEC. 15. Within six months after any set time or annual period herein allowed for the performance of labor or making improvements upon any lode claim, the person on whose behalf such outlay was made, or some person for him, shall make and record an affidavit in substance, as follows:

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Before me the subscriber personally appeared, being duly sworn, says at least


dollars' worth of work or

improvements were performed or made upon (here describe the claim or claims, or part thereof), prior to the A. D. 18-, situate in

day of

mining district, county of

Territory of Dakota. Such expenditure was made by or at the expense of owner of said claim, for the purpose of

holding said claim. (Jurat.)



And such certificate when recorded in the office of the register of deeds of the county wherein such claim is located, shall be prima facie evidence of the performance of such labor.

§ 283. Relocating abandoned claims.-SEC. 16. The relocation of abandoned lode claims, shall be by sinking a new discovery shaft, and fixing new boundaries, in the same manner as if it were the location of a new claim, or the relocator may sink the original shaft, cut or adit to a sufficient depth to comply with sections five and seven of this chapter, and erect new or adopt the old boundaries, renewing the posts if removed or destroyed. In either case, a new location stake shall be erected. In any case, whether the whole or part of an abandoned claim is taken, the location certificate must

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state that the whole or any part of the new location is
located as abandoned property.

§ 284. One certificate, one location.-SEC. 17. No
location certificate shall claim more than one location,
whether the location be made by one or several locators;
and if it purport to claim more than one location, it
shall be absolutely void, except as to the first location
therein described; and if they are described together, or
so that it cannot be told which location is first described,
the certificate shall be void as to all.

§ 285. Fee for recording.-SEC. 18. The register of deeds shall be entitled to receive the sum of $1 for each location certificate recorded and certified by him, and shall furnish the locator or locators with a certified copy of such certificate when demanded, for which he shall be entitled to receive 50 cents.

§ 286. Disputed claims-Survey of mine-Limitations.-SEC. 19. In all actions in any district court of this territory, wherein the title or right of possession to any mining claim shall be in dispute, the said court, or the judge thereof, may, upon application of any of the parties to such suit, enter an order for the underground as well as surface survey of such part of the property in dispute as may be necessary to a just determination of the question involved. Such order shall designate some competent surveyor not related to any of the parties to such suit, or in anywise interested in the result of the same; and upon the application of the party adverse to such application, the court may also appoint some competent surveyor, to be selected by such adverse applicant, whose duty it shall be to attend upon such survey, and observe the method of making the same; said second survey to be at the cost of the party asking therefor. It

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shall also be lawful in such order to specify the names of witnesses named by either party, not exceeding three on each side, to examine such property, who shall be allowed to enter into such property and examine the same; such court, or judge thereof, may also cause the removal of any rock, debris, or other obstacle in any of the drifts or shafts of said property, when such removal is shown to be necessary to a just determination of the question involved: provided, however, that no such order shall be made for survey and inspection, except in open court or in chambers, upon notice of application for such order of at least six days, and not then except by agreement of parties, or upon the affidavit of two or more persons that such survey and inspection is necessary to the just determination of the suit, which affidavits shall state the facts in such case, and wherein the necessity for survey exists; nor shall such order be made unless it appears that the party asking therefor had been refused the privilege of survey and inspection by the adverse party.

$287. Injunctions.-SEC. 20. The district courts, or any judge thereof, sitting in chancery, shall have, in addition to the power already possessed, power to issue writs of injunction for affirmative relief, having the force and effect of a writ of restitution, restoring any person or persons to the possession of any mining property from which he or they may have been ousted by force and violence, or by fraud, or from which they are kept out of possession by threats, or whenever such possession was taken from him or them by entry of the adverse party on Sunday, or a legal holiday, or while the party in possession was temporarily absent therefrom. The granting of such writ to extend only to the right of possession under the facts of the case, in respect to the manner in which the possession was obtained, leaving the parties to their

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