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made, the clerk of the said court shall post a notice at the office of the county recorder, and in two other conspicuous places within the district, stating the application, and notifying the parties interested that unless they appear within sixty days, and show good cause why the prayer of the petitioner should not be granted, that the same will be granted if good cause can be shown.

§ 171. Appearance - Procedure - Appeal.-SEC. 4. At the expiration of said sixty days, if the party or parties notified do not appear and show good cause why the prayer of the petitioner should not be granted, the court shall appoint two commissioners to go upon the ground and segregate the claims of the parties refusing to join; and in case they do not agree, they to choose a third party; and said commissioners shall make a report in writing to said court, who shall issue a decree in conformity with said report, which shall be final, except appeal be taken to the supreme court within thirty days after issuance thereof.

§ 172. Limited application of statute. - SEC. 5. The provisions of this act shall not apply to the counties of Yavapai and Pima, and the county of Yuma.

§ 173. Repealing clause. - SEC. 6. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

§ 174. Limitation of actions. - SEC. 1. No action for the recovery of property in mining claims, or for the recovery of possession thereof, shall be maintained unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within two years before the commencement of the action.

SEC. 2. No cause of action or defense to an action,

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founded upon the title to property in mining claims, or to the rents or profits out of the same, shall be effectual unless it appear that the person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within two years before the commencement of the act in respect to which such action is prosecuted or defense made.

SEC. 3. All acts or parts of acts in conflict with this act are hereby repealedı.

1 Approved Nov. 5, 1866.

§ 175. Jurisdiction.-SEC. 1. The district courts of said territory shall have exclusive original jurisdiction of all suits and proceedings relating to mines and mineral and auxiliary lands, and the registry and denouncement of the same, and all the jurisdiction, power and authority conferred upon the probate courts and probate judges by chapter fifty of the Howell code, entitled "Of the registry and government of mines and mineral deposits," or otherwise, are hereby conferred upon the district courts and district judges respectively.

SEC. 2. That section two of title one of said chapter is hereby repealed, and also all the other provisions of said chapter, conferring jurisdiction upon the probate courts and probate judges, over suits and proceedings relating to mines, mineral and auxiliary lands, as well as other acts and parts of acts inconsistent with the provisions of this act.

SEC. 3. All suits and other proceedings in said probate courts, now pending therein, and over which said probate courts have jurisdiction, are hereby transferred to, and shall be continued in, the district court of the county in which said suits and proceedings are now pending.

SEC. 4. The clerks of the probate courts shall, within thirty days after the publication of this act, transfer to and file in the office of the district courts of their respective counties, all records and papers in suits and proceedings relating to mines, mineral and auxiliary lands, which records and papers shall be kept and filed by the clerks of said district courts, and when so transferred and filed, said suits and proceedings shall be proceeded with as though commenced in said district courts; Provided, That in counties where there shall be no clerks of the district courts, the records and papers shall be transferred and filed as aforesaid within thirty days after the appointment of said clerks and their acceptance thereof.1 No action in regard to mining claims shall be maintained before any justice of the peace.

1 Approved Dec. 30, 1865.

§ 176. Soldiers to hold claims. -SEC. 1. All persons in the military service of the United States or this territory shall be allowed to locate claims on mineral lodes or veins in the limits of this territory, subject to the requirements of the mining laws of this territory, and shall be protected in the possession of the same, and shall have the same rights in all respects, in regard to such claims, as like persons not in the military service.

SEC. 2. All the laws of any mining district contrary to the spirit and provisions of this act are declared to be null and void, and shall not be evidence in any court having jurisdiction of mining suits in this territory.1

1 An act allowing all persons in the military service of the United States and of this territory to hold mining claims. Approved Nov. 9, 1864.

§ 177. Placer mines and mining.--SEC. 1. It shall be lawful for any person, company, or association who shall place upon the mineral lands of this territory com

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monly called placer mining grounds, a pump or pumps, having a capacity sufficient to raise at least one hundred gallons of water per minute, with an engine or other power attached thereto, of sufficient power to work the same, with the bona fide intention of working the said placer grounds for the purpose of extracting the gold therefrom, to locate an amount of said placer grounds equal in extent to one quarter section, in such form and direction as he or they may elect; Provided, That said location shall in no case be more than one mile in length, nor less than one-quarter of a mile in width; and, Provided, That said machinery shall be used at least three months in each year for raising water to extract the gold from said grounds, and the presence of said machinery upon said grounds shall be the only evidence of title to said grounds; but in no case shall this act be so construed as to mean placer grounds which can be worked by water brought in ditches or flumes from any stream or other deposit of water; and said locations shall not in any case be made upon any grounds in the possession of any miner or miners at the time of location.

SEC. 2. This act shall only apply to the county of Yuma.1

1 Act approved Dec. 30, 1865.

II. CALIFORNIA.

SECTION 178-Possession and possessory actions.

179-Protection of growing crops from injury by miners.

180-Jurisdiction of actions.

181-Customs, usages, and regulations.

182-Limitation of actions.

183-Foreign miners.

184-Mining corporations.
185-Same-Inspection of books-Penal provisions.

186-Assessment of stock, etc.

187-Canal, etc., companies.

188-Change of place of business-Transfer agencies.

SECTION 189-Assessment and sale for non-payment of stock of

corporations generally.

190-Amendment of articles of association.

191-Removal of officers of corporations.

192-Protection of stockholders in mining corporations.

193-Mining partnerships.

194-Conveyance of mining claims.

195-Sale of decedents' interest in mines.

196-Sale of state mineral lands.

197-Liens.

198-Taxation.

199-Easements-Right of way.

200-Water rights.

201-Police regulations-Protection of miners.

202-Quicksilver.

203-Fixtures.

CALIFORNIA.1

§ 178. Possession and possessory actions. By an act of the legislature 2 it was provided that occupancy of public lands, except mineral lands, could maintain an action against trespassers. This act was repealed by act of April 20, 1852,3 which provided that settlers upon the public lands for the purpose of cultivating or grazing the same, might maintain actions for interference with or injuries to their possession; provided, that where such lands contained mines of any of the precious metals the possession for agricultural or grazing purposes should not preclude the working of said mines.

1 The manner of locating claims, defining boundaries, recording, etc., seems to be governed entirely by district regulations, except as affected by acts of Congress.

2 Stat. 1850, p. 203.

3 Stat. 1852, p. 158.

§ 179. Protection of growing crops from injury by miners.1-By a subsequent statute it is provided in Section one that in mining no person shall destroy or injure growing crops, nor undermine or injure any building,

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