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uated, by a location certificate, which shall contain: First, the name of the claim, designating it as a placer claim; second, the name of the locator; third, the date of location; fourth, the number of acres or feet claimed, and fifth, a description of the claim by such reference to natural objects or permanent monuments as shall identify the claim. Before filing such location certificate the discoverer shall locate his claim: First, by posting upon such claim a plain sign or notice, containing the name of the claim, the name of the locator, the date of discovery, and the number of acres or feet claimed; second, by marking the surface boundaries with substantial posts, and sunk into the ground, to-wit: one at each angle of the claim. 1 Took effect without approval March 12, 1879.

§ 247. Annual labor-Forfeiture.-SEC. 2. On each placer claim of one hundred and sixty acres or more, heretofore or hereafter located, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made by the first day of August, 1879, and by the first day of August of each year thereafter. On all placer claims containing less than one hundred and sixty acres, the expenditure during each year shall not be less than twelve dollars; but where two or more claims lie contiguous, and are owned by the same person, the expenditure hereby required for each claim may be made on any one claim; and upon a failure to comply with these conditions, the claim or claims upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made; Provided, That the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location; Provided, the aforesaid expenditures may be made in building and repairing

ditches to conduct water upon such ground, or in making other mining improvements necessary for the working of such claim. Upon the failure of any one of several coowners to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor, or made the improvements, may, at the expiration of the year, to-wit: the first of August, 1879, for the locations heretofore made, and one year from the date of locations hereafter made, give such delinquent co-owner personal notice in writing, or, if he be a non-resident of the state, a notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and mailing him a copy of such newspaper, if his address be known, and if, at the expiration of ninety days after such notice in writing, or after the first publication of such notice, such delinquent should fail or refuse to contribute his proportion of the expenditure required by this action [section] his interest in the claim shall become the property of his co-owners who have made the required expenditures.1

1 Session Laws, 1879, p. 140.

CODE PROVISIONS.

§ 248. SEC. 386. In actions respecting mining claims, proof shall be admitted of the customs, usages and regulations established and in force in the mining districts embracing such claim; and such customs, usages and regulations, when not in conflict with the laws of this state, or of the United States, shall govern the decision of the action.1 1 Code Col., p. 144.

Evidence of customs admissible in action.

§ 249. Inspection of mines in litigation.-SEC. 387. Whenever any person, company or corporation shall have any right to, or interest in any mine, lead, lode or

mining claim, which is in possession of another person, company or corporation, and for which a cause is pending in a court of record, bringing into question the right or title to the same, and it shall be necessary for the ascertainment, enforcement or protection of such right or interest, that an inspection, examination or survey of such mine, lead, lode or mining claim, should be had or made, or whenever an inspection, examination or survey of any mine, lead or lode or mining claim shall be necessary to ascertain, protect or enforce the right or interest of any person, company or corporation, in any other mine, lead, lode or mining claim, and the person, company or corporation in possession of such mine, lead, lode or mining claim, of which an inspection, examination or survey is necessary, shall refuse, after three days' demand thereof, in writing, to allow or permit such inspection, examination or survey to be had or made, the party company or corporation desiring an inspection, examination or survey of such mine, lead, lode or mining claim, may present to the district court, or the judge thereof, of the county where the mine, lead, lode or mining claim, of which an inspection, examination or survey is desired is situated, a petition under oath, setting out his or their right to, or interest in, such mine, lead, lode or mining claim, describing it, the possession thereof, or of another mine, lead, lode or mining claim, of which an inspection, examination or survey is necessary by another company or corporation, the reason why it is necessary that such inspection, examination or survey should be had or made, the demand made on the person, company or corporation in possession, to allow or permit such inspection, examination or survey, and his or their refusal to allow or permit the same, and asking an order for the inspection, examination or survey of such mine, lead, lode or mining claim, the court or

judge may thereupon appoint a time and place for hearing such petition, and shall order notice thereof to be served on the adverse party, company or corporation, which notice shall be served at least three days before the day of hearing. At the time and place appointed, the court or judge shall proceed to hear the petition. Either party may read affidavits on the hearing in the same manner, and subject to the same rules, as on application to dissolve an injunction. If the court or judge be satisfied that the facts stated in the petition are true, an order shall be made for an inspection, examination or survey of the mine, lead, lode or mining claim in question, in such manner, at such time, and by such persons as are mentioned in the order. Such persons shall thereupon have free access to such mine, lead, lode or mining claim, for the purpose of such inspection, examination or survey, in conformity with the order of the court or judge, and any interference with such persons while acting under such order, shall be contempt of court and punished accordingly; provided, that only three witnesses beside the surveyor shall be admitted on the part of the petitioner, and the costs of the proceeding shall abide the result of the suit.1

1 Code, Col., p. 144.

§ 250. Pleadings in possessory action-Complaint. -SEC. 249. The plaintiff, in his complaint, shall set forth the nature and extent of his estate in the property

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* * or if such plaintiff claims the legal right to occupy and possess the premises under the local laws and rules of any mining district, or of the United States, the state of Colorado, or otherwise, the complaint shall contain a brief statement of such possessory claim, and whether the right claimed is by pre-emption or purchase,

or by right of actual prior possession on the public domain of the United States. * * * 1

Code Col., p. 97.

§ 251. The answer.--SEC. 250. The answer to a complaint filed under this chapter shall either specifically deny the material allegations of the complaint or may disclaim any interest in or possession of the property claimed, or any part thereof. The answer may also state, generally as in the complaint, the character of the estate in the premises, or any part thereof, which the defendant claims, or any right of possession or occupancy he claims.1 SEC. 258. If the defendant files or makes any other answer or defense than a disclaimer of title or right of possession, it shall not be necessary for the plaintiff to prove him in possession of the premises at the time of the commencement of the action, or at any other time.2

1 Code Col., p. 97.

2 Code Col., p. 100.

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§ 252. No abatement of damages on account of improvements.-SEC. 254. * And in case such premises recovered be a lode, vein, or mining claim, the defendant shall not be entitled to any offset for any timbering, cribbing, improvements, or developments made upon the same; neither shall the damages be abated or lessened by reason of such improvements or developments.1

1 Code Col., p. 99. By this section it is also provided that in actions for possession of real property the party against whom judgment is rendered may, by paying all costs, be entitled to a new trial.

§ 253. Injunctions.-SEC. 2. No writ of injunction shall issue out of the district court upon the order of either the county judge or county court, in case of the

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