Sivut kuvina

which the decedents' interest will be sold and the proceeds become part of the personal estate.1

1 Art. iii., Ch. vii., Rev. Stat. 1879.

§ 296g. Penal provisions-Weights and measures— Failure to account-Unguarded excavations.-Any one knowingly keeping any false or fraudulent scales or weights for weighing gold or gold dust, is subject to punishment by a fine of not more than $1,000, nor less than $100, or imprisonment for not longer than one year, or both such fine and imprisonment, in the discretion of the court. An owner or manager of a quartz mill, arastra, furnace, or cupel, employed in extracting metals from ore, who neglects or refuses to account to and pay over the proceeds of ore received by him for treatment, is subject to a fine of not to exceed $1,000, or imprisonment not to exceed one year.1 Running drifts or sinking shafts within twenty feet of a trail or road, without providing a fence or covering, to guard against accidents, is punishable by fine of not less than five nor more than fifty dollars, and renders the person so offending liable in damages to any person injured in consequence of the failure to cover or fence such excavations.2

1 Cod. Stat., p. 308.

2 Cod. Stat., p. 593.


SECTION 297-Formation of mining districts-Location of claims. 298-Recording claims.

299-Conveyance of mining claims.

300-Partition of claims.

301-Actions-Limitation of.

302-Condemnation of private property for mining pur



304-Same-Removal of officers.

305-Same-As tenants in common-Actions by for con


SECTION 306-Taxation.

307-Taxation of borax mines.

308-Police regulations — Injuries to water companies' property-Security of persons and animals.

§ 297. Formation of mining districts-Location of claims. A statute embracing these subjects was enacted, repealing all district laws, and exempting Storey county from its provisions. The act was quite comprehensive, embracing forty-seven sections, prescribing the manner of electing district officers, defining their powers and duties, and fixing their fees; also the manner of making locations, the extent of claims and what was necessary to hold the same. But this was a short-lived statute. The repealing act, however, saved all rights acquired under it, and provided that where it had been adopted as the law of the district, it should so remain until repealed or amended, except the requirement to cause the record of claims to be made in the county recorder's office.2

1 Stat. 1866, p. 141.

2 Stat. 1867, p. 55. (Locations governed by district rules). Stat. 1862, p. 12, § 3.

§ 298. Recording claims.-In order the better to preserve the mining records, it has been somewhat recently enacted that in all mining districts in which the county seat is situated, the county recorder shall be ex-officio mining recorder, subject to the rules, regulations and compensation prescribed by district rules, and as such recorder, be responsible on his official bond for faithful performance of his duties. The act to take effect August 1, 1880.1

1 Stat. 1879, p. 80.

§ 299. Conveyance of mining claims.—The legality of the execution, acknowledgment, proof, form and record of instruments including conveyances, depended

upon the laws and customs in force in the district,1 until it was enacted that conveyances of mining claims should be subject to the same rules and formalities and construction as conveyances of other real estate; providing, nevertheless, that previous conveyances should be construed as valid or otherwise between the parties, according to the lawful district rules in force at the date of their execution, and should be established and proved, as prescribed by such rules.2 By a subsequent statute it was made lawful for minors over the age of eighteen, to convey any interest acquired in a mining claim; and when such conveyances had been made since July 1, 1867, in the absence of fraud practiced upon the minor, and where suits were not already pending in the courts of the state involving their validity, such conveyances were rendered valid and binding upon the grantors to convey their interests, without the power of revocation.3 Mortgagees may perform acts to prevent a forfeiture, and recover reasonable compensation therefor.4

1 Stat. 1861, p. 16.
2 Stat. 1862, p. 12.
3 Stat. 1869, p. 96.

4 Stat. 1861, p. 21.

§ 300. Partition of claims.-Under the partition law it was provided that upon the report of commissioners appointed to partition mining claims, an affidavit might be filed by any of the tenants in common, or joint tenants, to the effect that a sale for cash would be injurious to them, when another commissioner should be appointed, who should parcel out the claim in the manner substantially as follows:1 The proceedings laid down in the act by which the foregoing was repealed are not essentially dif · ferent from those of the repealed statute, except that they follow almost as of course upon good cause shown by any of the parties in interest, and do not require the

appointment of additional commissioners or referees. The court fixes the time for division, not less than twenty nor more than forty days from the date of the order, except by consent of all parties. If two or more parties unite, they must notify the referees, and if they act separately must also give notice thereof, or will be deemed to have united. The division shall be by public auction, and the successful bidder shall be the one who offers to take the smallest part of the claim in proportion to his interest for first choice, and so on, until there shall remain but one party or parties united in interest, marking off to each bidder the amount selected by him, as the division progresses. The remaining party or parties shall have

the residue.2

1 Stat. 1861, p. 434.
2 Stat. 1869, p. 246.

§ 301. Actions-Limitation of.—Actions may be maintained for possession,1 or injury to mines,2 against corporations or mining companies, by service on their president, secretary, cashier, or managing agent, or by publication. And in actions on contract may be against the company in the name in which the contract was made.3 Actions may also be maintained by agricultural settlers against any one disturbing their possession, subject to the miner's right to extract the precious metals from mineral lands. When the action is for possession of a mining claim, for which application for a patent has been made, it shall only be necessary that this fact appear, and that the parties claim the property, or some part thereof, to confer jurisdiction on the court to try the case and render judgment.5 In actions for damages, by the owner of one mine against the owners of another, there may be an order for the inspection and examination under proceedings similar to those prescribed by the Col

orado code.

The period of limitation for possessory

actions is two years.7

1 Stat. 1873, p. 50.

2 Stat. 1862, p. 33.

3 Stat. 1862, p. 120.

4 Stat. 1864-5, p. 343.

5 Stat. 1873, p. 50.

6 Ante, § 234, Code Col., § 387.

7 Stat. 1861, p. 27; Stat. 1867, p. 85; Stat. 1869, p. 95.

Condemnation of private

$ 302. property for mining purposes.—An act for the purpose of compelling the owner of real estate or other property to sell the same to another person or corporation needing the same for mining, milling, or other kindred purposes, at the purchaser's own price or one fixed by appraisers, or ultimately by a court or jury, who might determine that it was necessary to the convenience of the purchaser that he should have the property in question; and in the determination of which question it does not make any difference whether the original owner needs the property or not: provides that the costs shall abide the result of the suit, and be paid by the contumacious owner who refused to sell at the price offered, provided the court or jury determine that that was enough. In any event, the needy purchaser gets a deed to the property, on payment of the price awarded by the court or jury.1 "For the encouraging of mining, milling, smelting and reduction of an act was passed, repealing the foregoing and accomplishing the same result-involuntary transfer of the property-by originally commencing suit against the persons holding the property, without any previous offer to purchase. The right of action depends upon the necessities of the purchaser, he being engaged in the business to be encouraged. These facts, together with the name of the person or corporation petitioning; a


[ocr errors]
« EdellinenJatka »