Sivut kuvina

§ 289e. Same-Contractors-Preparation of ores— Orehaulers-Superintendents, etc.-Mechanics and Artisans.-SEC. 13. When any person or persons shall do or perform any work or labor in or upon, or for any quartz claim, mine, or ledge, in working the same, or in the improvement or development thereof; or in the preparation of the ores thereof for reduction; or in the hauling of the ores thereof; or shall perform labor or service as superintendent, manager, or foreman of any mine or ledge, or shall perform labor as a mechanic or artisan therefor, such person or persons shall have a lien upon all the interests in such quartz claim, ledge, or mine, of the person or persons employing him or them, or purchasing such materials, together with the improvements thereon and the appurtenances, for the value of such work, labor or services, or materials furnished. and all the provisions of this act, respecting the filing, recording, and recovering, and enforcing mechanics' liens are made applicable to this section: Provided, the person or persons, claiming such liens shall, within sixty days after the completion of such work or labor, or rendering said services, or furnishing said materials, file their lien, in other respects, as provided by this act.

$289. Same-Superstructures and improvements included. SEC. 14. This act shall be so construed as to include in its provisions bridges, ditches, flumes, aqueducts, to create hydraulic power for mining purposes, and all improvements on mining claims.1

1 Laws 1874-5, p. 615.

$ 289g. Exemptions from execution.--The cabin or dwelling of a miner not exceeding in value $500; also his sluices, pipes, hose, windlasses, derrick, cars, pumps,

and tools, not exceeding in value $200, are exempt from levy and sale under execution.1

1 Code of Civil Procedure, subd. 5, § 440; Gen. Laws, p. 99.

§ 289h. Limitation of actions.-The period of limitation of actions for the recovery of mining claims is five years, as in other actions for the recovery of real estate.1

1 Code Civ. Proc. § 143, p. 27.

§ 2891. Rules and customs control.-In actions concerning mining claims, the rules and customs of the bar or diggings are admissible in evidence and govern the decisions of courts, when not in conflict with the general law.1

[blocks in formation]

SECTION 290 -Discovery and record of quartz claims. 291-What must be discovered.

292-Length and width of lode claims.

293 Prior discoveries and locations.

294-Removal of stake or monument-Destruction of no


295 -Repeal.

296 Customs-Limitations.


2966-Rights of way-Condemnation.


296d-District records.

296e-Taxation of mines.

296f-Sales of interests of deceased persons.

296g-Penal provisions--Weights and measures-Failure to account--Unguarded excavations.

§ 290. Discovery and record of quartz claims.— SEC. 1. A discoverer of a claim upon a vein or lode of gold, silver, cinnabar, lead, tin, copper, or other valuable deposits is required, within twenty days, to make a

declaratory statement thereof on oath, and file the same in the county recorder's office, describing the claim as required by the laws of the United States.

§ 291. What must be discovered.-SEC. 2. A valid discovery of quartz or ore must be in a crevice with at least one well defined wall.

§ 292. Length and width of lode claims.—SEC. 3. The size of a claim is limited as in the act of Congress of May 10, 1872-not more than 1,500 feet in length, and not more than 300 nor less than 25 feet in width on each side of the center of the vein, saving rights acquired by recording claims prior to the act.

§ 293. Prior discoveries and locations.-SEC. 4. Lode claims previously discovered and located according to law, where the possessory rights have been preserved according to the law in force, may be conformed as to the length and width, to the provisions of this statute, provided it will not conflict with the intervening rights of other locators, by a record which shall show that the owners of such claims elect to take the benefits of the new law.

§ 294. Removal of stake or monument-Destruction of notice.-SEC. 5. The removal of a stake or monument, or the defacing, obliteration, or destruction of a notice, is punishable by a fine not exceeding one hundred dollars, or imprisonment not exceeding one year, or both such fine and imprisonment.

§ 295. Repeal.-SEC. 6. All previous conflicting acts repealed.1

1 App. Feb. 11, 1876. Laws 1876, p. 127.

§ 296. Customs-Limitations.--In actions respecting mining claims, the customs, usages or regulations in

force at the bar or diggings may be proved, and when not in conflict with the laws of the territory must govern.1 The period of limitations for the recovery of all mining claims, except lodes, is one year.2

1 Laws 1877, p. 139.

2 Laws 1877, p. 48.

§ 296a. Aliens-Are not allowed to own mining claims or acquire any interest therein, nor to the profits arising therefrom. Provision is made where aliens set up claims inconsistent with the statute, that the mining claims or interests held by them shall be forfeited to the territory, and a suit may be instituted for the purpose of obtaining judgment of forfeiture. But aliens, by declaring their intentions to become citizens, at any time before judgment of forfeiture, will remove their disabilities.1

1 Coidfied Statutes 1871-2, p. 593.

§ 2966. Rights of way-Condemnation.-Substantially the same provisions as to the right of ingress and egress to mines and mining claims, and the condemnation of ways for roads, ditches, flumes, etc., as in the California statute,1 are prescribed for claims, whether patented or not, and render other claims, patented and unpatented, servient to the easement. The statute is so voluminous, and its provisions so nearly identical with those of the California statute, that it would be useless to copy them here.2

1 Ante, § 199, p. 272.

2 Cod. Stat. 1871-2, p. 597. Rev. Stat. 1879, p.592.

§ 296c. Tunnels.-The location of a tunnel right is required to be recorded. Tunnel claims include 300 feet on each side, and have a right of way through other claims. One hundred feet of work must be performed annually. Tunnel claimants in addition to the ground

embraced in the tunnel and the claims located thereon, are allowed to claim 300 feet on each side of the entrance or mouth, for quartz or ore yards.1

1 Cod. Stat., 524; Rev. Stat. 1879, p. 591.

§ 296d. District records.-It is made the duty of district recorders, to deposit their records in the office of the county recorder, and when so deposited, they become county records. The county recorders are subjected to penalties for failing to receive such records.1 2 Rev. Stat. 1879, p. 591.

§ 296e. Taxation of mines.-Taxation of the net proceeds of mines is provided for, and in order to arrive at the amount, annual statements are required. Credit is given for expenditures, but no exemption of improvements. On failure of the owner to make the required statement, it becomes the duty of the assessor to make the assessment according to the best of his information and judgment. The assessable value of mines purchased from the government shall not exceed the purchase price. The assessor has power to examine books, etc., to ascertain the taxable product. There are the same provisions for equalization of taxes as apply to other property.1 Unpatented claims are exempt.2

1 Rev. Stat. 1879, p. 628.

2 Ibid, p. 616.

§ 298f. Sales of interests of deceased persons.— Mines or interests therein of decedents may be sold by order of the probate court. There must be a petition for such order of sale, upon the filing of which is issued and served original process in the form of an order to show cause why the property should not be sold. Upon the hearing of the petition, no sufficient cause appearing to the contrary, an order of sale will issue, pursuant to

« EdellinenJatka »