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state that the whole or any part of the new location is
located as abandoned property.

§ 284. One certificate, one location.-SEC. 17. No
location certificate shall claim more than one location,
whether the location be made by one or several locators;
and if it purport to claim more than one location, it
shall be absolutely void, except as to the first location
therein described; and if they are described together, or
so that it cannot be told which location is first described,
the certificate shall be void as to all.

§ 285. Fee for recording. -SEC. 18. The register of deeds shall be entitled to receive the sum of $1 for each location certificate recorded and certified by him, and. shall furnish the locator or locators with a certified copy of such certificate when demanded, for which he shall be entitled to receive 50 cents.

§ 286. Disputed claims-Survey of mine-Limitations. SEC. 19. In all actions in any district court of this territory, wherein the title or right of possession to any mining claim shall be in dispute, the said court, or the judge thereof, may, upon application of any of the parties to such suit, enter an order for the underground as well as surface survey of such part of the property in dispute as may be necessary to a just determination of the question involved. Such order shall designate some competent surveyor not related to any of the parties to such suit, or in anywise interested in the result of the same; and upon the application of the party adverse to such application, the court may also appoint some competent surveyor, to be selected by such adverse applicant, whose duty it shall be to attend upon such survey, and observe the method of making the same; said second survey to be at the cost of the party asking therefor. It ing each be that to-wit:

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shall also be lawful in such order to specify the names of witnesses named by either party, not exceeding three on each side, to examine such property, who shall be allowed to enter into such property and examine the same; such court, or judge thereof. may also cause the removal of any rock, debris, or other obstacle in any of the drifts or shafts of said property, when such removal is shown to be necessary to a just determination of the question involved: provided. however, that no such order shall be made for survey and inspection, except in open court of in chambers, upon notice of application for such order of at least six days, and not then except by agreement of parties, or upon the affidavit of two or more persons that such survey and inspection is necessary to the just determination of the suit, which affidavits shall state the facts in such case, and wherein the necessity for survey exists; nor shall such order be made unless it appears that the party asking therefor had been refused the privilege of survey and inspection by the adverse party.

§ 287. Injunctions. - SEC. 20. The district courts, or any judge thereof, sitting in chancery, shall have, in addition to the power already possessed, power to issue writs of injunction for affirmative relief, having the force and effect of a writ of restitution, restoring any person or persons to the possession of any mining property from which he or they may have been ousted by force and violence, or by fraud, or from which they are kept out of possession by threats, or whenever such possession was taken from him or them by entry of the adverse party on sion was temporarily absent therefrom. The granting of legal holiday, or while the party in possessuch writ to extend only to the right of possession under the facts of the case, in respect to the manner in which the possession was obtained, leaving the parties to their

Sunday, or a

al rights on all other questions, as though no such writ I issued.1

The foregoing sections are from Rev. Codes Dakota (1877), Ch. p. 159.

V. IDAHо.

CTION 288-Location and notice of claim.

289-Recording of claims.

289a-Destruction of notice-Misdemeanor.

289b-Rights of way and easements.

289c-Water rights.

289d-Miners' liens-Sub-contractors, journeymen, la

borers, material-men.

289e-Same-Contractors, preparation of ores, superin

tendents, etc.

289f-Same - Superstructures and improvements in

cluded.

289g-Exemptions from execution.
289h-Limitation of actions.

289i-Rules and customs control.

§ 288. Location and notice of claim.-Locators of mining claims shall, at the time of location, place a stake or post, not less than four inches square or in diameter, at each end of the ground claimed, and a similar stake at each corner, which stakes must be four feet high. To one of the center end ones must be attached the notice of location. The notice shall contain the date of Location, name of locator and of claim, the quantity in feet along the ledge or lode, and the width claimed from the middle of the vein; also a description of the locality of the claim as near as possible, by reference to surrounding landmarks. When stakes or posts cannot be conveniently had, monuments of stone will suffice, but the notice in either case must be conspicuous. Three hundred feet may be claimed on each side of the middle of the vein or lode, but the original number of feet staked out shall not afterwards be increased so as to affect the rights of others.

§ 289. Recording of claims. Claims are to be recorded within fifteen days from the time of posting notice in the district in which they are located, or at the nearest office to the claim. Recorders of counties may appoint deputy recorders at the request of ten or more locators, or upon failure so to do the locators may elect one temporarily. Within five days after presenting notice for record, one of the locators shall appear before the deputy and make affidavit in writing on, or attached to, the notice.1 The notice filed for record must be substantially a copy of the notice posted on the claim, and it shall be the duty of the deputy recorder to record the same in a book kept for that purpose. He shall transmit to the county recorder at least once a month all the notices so filed.

1 FORM OF AFFIDAVIT.

TERRITORY OF IDAHO, )
COUNTY OF

ss.

I, -, do solemnly swear that I am acquainted with the mining ground described in the notice of location herewith, called the- ledge, lode or claim, and that the ground and claim therein described, or any part thereof, has not, to the best of my knowledge and belief, been heretofore located according to the laws of the United States and of this territory, or if so located, that the same has been abandoned or forfeited by reason of the failure of such former locators to comply, in respect thereto, with the requirements of said laws.

Subscribed and sworn to before me this

18-.

day of, A. D.

§ 289a. Destruction of notice-Misdemeanor.--Any person taking down or destroying any stakes, posts, or monuments, or taking down, destroying, or obliterating any notices, shall be deemed guilty of a misdemeanor, punishable by fine not exceeding $100, or imprisonment in county jail not exceeding six months, or both.1

1 Laws of 1881, pp. 262, 263, 264, 265.

§ 289b. Rights of way and easements. --- Whenever any mine or mining claim is so situated that a right of way over adjoining premises is necessary, for the more convenient enjoyment of the same, the owner or owners thereof shall be entitled to such right. Sec. 3. If it cannot be had by agreement with the owner or owners of the land over or across which the right of way is sought, the party entitled to it may present his petition praying for an award of the right, to the judge of the district court within and for the county in which such right of way, or some part thereof sought to be enforced, is situated. Upon filing the petition the clerk shall issue a citation to the owners of the land named in the petition to appear before the judge, at a day named (not less than ten after service), and show cause why such right of way should not be granted. Upon a hearing of the case, if the judge is satisfied that the right of way should be granted he shall make an order to that effect, and appoint three commissioners to assess the damages resulting to the lands affected by such order. The judge may set aside the report of the commissioners for good cause shown. Appeals from the report of the commissioners may be made and prosecuted by any party interested, in the proper district court, but appellant must serve written notice on appellee, and file a bond, with sureties, to be approved by the clerk, in the amount of the assessment appealed from, and conditioned that appellant shall pay all costs awarded the appellee, and abide by the judgment which may be rendered in the cause. Appeals bring before the appellate court, only the property and the amount of damages, and are tried by the court or before a jury as other cases. The prosecution of an appeal shall not prevent or delay the appellee in the use and enjoyment of his right of way, provided he tenders the owners of the land the sum as

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