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sessed as damages by the commissioners and files a bond with good and sufficient sureties, approved by the clerk, in double the amount appealed from, and conditioned for the payment of the amount which may be recovered by appellant in the action. If the appellant recover $50 more damages than the commissioners have awarded, or the appellee shall offer to allow judgment to be taken against him, the appellee shall pay costs, otherwise the appellant. If the applicant for the right of way shall have tendered to the parties owning or occupying the lands a sum equal to or more than the amount of damages recovered by the defendant or defendants, then they shall pay all the costs and expenses of the proceedings. These provisions do not apply to the counties of Boise, Idaho, Nez Perce, and Shoshone.1

1 Laws of 1877, pp. 70, 71, 72, 73; Laws of 1881, p. 266.

§ 289c. Water rights.—The right to the use of flowing water may be acquired by appropriation, and priority of time secures priority of right. The appropriation must be in good faith, and when once perfected may be used for any beneficial purpose. The place of diversion may be changed or the course of the stream extended, provided the vested rights of others are not infringed. Written notice of appropriation and diversion must be posted at a conspicuous point, and a copy of the notice furnished to the proper officer of the county for record. The appropriator must commence the intended diversion within sixty days after notice is posted, and continue the work to completion without unnecessary delay. "Complete diversion" is the conducting of the waters claimed to the place of intended use, followed by the actual beneficial use thereof. When the appropriation is perfected the right relates back to the time of posting notice, but no one is liable to the appropriator for the use of the

water before a "complete diversion" thereof is effected. Appropriators of streams desiring to make a diversion are entitled to a right of way over adjacent lands to the place of intended use. Upon a refusal to grant this privilege by the owners of such lands it may be obtained by a petition to the county commissioners.1

1 Laws of Idaho, 1881, pp. 267-271.

§ 289d. Miners' Lien - Sub-contractors, journeymen, laborers, material men.-SEC. 12. Every sub-contractor, journeyman, laborer, or other person, performing labor or furnishing materials for any contractor in or upon any quartz claim, ledge or mine, in working in the same, or in the improvement or development thereof, in the completion or performance of any contract entered into by any person in this territory, every such person or persons so performing such labor or furnishing such material shall have a lien upon all the interest in such quartz claim, ledge, or mine, of the person or persons employing him or them, or purchasing such materials, with the improvements thereon and the appurtenances thereto belonging; and also, upon all the interest of the person or persons for whom such person or persons acts as agent, or the owner or owners for the value of such work or labor or materials furnished; and all the provisions of this act1 shall apply in respect to recording, recovering, and enforcing such liens provided for in this section: Provided, the person or persons claiming such lien shall, within thirty days after the performance of such labor, or furnishing such materials, give notice in writing to any person or persons, agent or agents, owner or owners, and shall, within forty days, file their lien in other respects as provided by this act.

1 General Lien Law.

§ 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.

§ 289f. 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, р. 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.

§ 289i. 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

1 Code Civ. Proc. § 486, p. 112.

VI. MOΝΤΑΝΑ.

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

tice.

295-Repeal.

296-Customs-Limitations.

296a--Aliens.

296b-Rights of way-Condemnation.

296c-Tunnels.

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

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