SECTION 278-Claims subject to right of way. 279-Owner may demand security from miner. 281-Work performed annually. 283-Andavit of labor. 283-Relocating abandoned claims. 254-One certificate, one location. 285-Fee for recording. 285-Disputed claims-Survey of mine-Limitations. 287-Injunctions. 288-Location and notice of claim. 259-Recording of claims. 289a-Destruction of notice-Misdemeanor. 2896-Rights of way and easements. 289c-Water rights. § 268. Length of lode claim. - SEC. 1. The length of any lode claim hereafter located within this territory may equal, but shall not exceed, 1,500 ft. along the vein or lode. $269. Width of lode claims. -SEC. 2. The width of lode claims shall be 150 ft. on each side of the center of the vein or crevice; Provided, That any county may, at any general election, determine upon a greater width, not exceeding 300 ft. on each side of the center of the vein or lode, by a majority of the legal votes cast at said election; and any county, by such vote at such election, may determine upon a less width than above specified; Provided, That not less than 25 ft. each side of vein or lode shall be prohibited. §270. Discoverer to record claim.---SEC. 3. That the discoverer of a lode shall, within twenty days from the date of discovery, record his claim in the office of the register of deeds of the county in which such lode is situated, by a location certificate, which shall contain: (1) The name of the lode. (2) The name of the locator. (3) The date of location. (4) The number of feet in length claimed on each side of the discovery shaft. (5) The number of feet in width claimed on each side of the vein or lode. (6) The general course of the lode as near as may be. § 271. When certificate void.-SEC. 4. Any location certificate of a lode claim which shall not contain the name of the lode, the name of the locator, the date of location, the number of lineal feet claimed on each side of the discovery shaft, the number of feet in width claimed, the general course of the lode, and such description as shall identify the claim with reasonable certainty, shall be void. § 272. Manner of locating.-SEC. 5. Before filing such location certificate the discoverer shall locate his claim by first sinking a discovery shaft thereon sufficient to show a well defined mineral vein or lode; second, by posting at the point of discovery, on the surface, a plain sign or notice containing the name of the lode, the name of the locator and the date of the discovery; the number of feet claimed in length on either side of the discovery, and the number of feet in width claimed on each side of the lode; third, by marking the surface boundaries of the claim. § 273. Marking surface boundaries. --SEC. 6. Such surface boundaries shall be marked by eight (8) substantial posts, hewed or blazed on the side or sides facing the claim, and sunk in the ground, to-wit: one at each corner, and one at the center of each side line, and one at each end of the lode. Where it is impracticable, on account of rock or precipitous ground, to sink such posts, they may be placed in a monument of stone. § 274. Requisite of location.-SEC. 7. Any open cut, cross cut or tunnel, at a depth sufficient to disclose the mineral vein or lode, or an adit of at least ten (10) feet in along the lode, from the point where the lode may be in any manner discovered, shall be equivalent to a discovery shaft. $ 275. Time discoverer has to perform labor. SEC. 8. 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. §977. 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 during 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: Before me the subscriber personally appeared, being duly sworn, says at least -, who dollars' worth of work or improvements were performed or made upon (here describe the claim or claims, or part thereof), prior to the day of 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 |