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uty, resident of the district or vicinity, who shall record mining claims and water rights, in the order of their presentation, and transmit a copy of the record at the end of each month, to the county clerk, who shall record the same, for which he shall receive one dollar for each claim. The clerk is also required to furnish a copy of the law to his district deputies, who were required to keep the same open at all reasonable times for inspection.

§ 320. District laws as to water rights, placer claims and town lots.-SEC. 6. Miners were empowered to make local laws upon these subjects, to be in force within their camps, subject to United States laws.

§ 321. Ditches and flumes. -SEC. 7. Were declared to be real estate the flumes being permanently fixed to the soil.

§322. Conveyances-Liens. -SEC. 8. The laws relative to sale and transfer of real estate, and the application of liens of mechanics and laborers were made applicable to flumes and ditches, with the proviso that surface or placer diggings might be conveyed by bill of sale and change of possession the same as personal property; but such bills of sale were required to be filed for record within thirty days from the date of their execution, and recorded in a book to be called the record of conveyances of mining claims.

§ 323. Mortgages on placer claims. - SEC. 9. Were to be executed, acknowledged and recorded as chattel mortgages.

§ 324. Recording fee. --SEC. 10. A fee of one dollar was allowed for recording conveyances and mortgages required to be recorded by the act.1

1 Gen. Laws, 1843-72, p. 686; Ch. 38, Miscellaneous laws, comiled by Deady & Lane.

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§ 325. Amendments-Lodes-Local laws - Placer

claims-Water rights.----The following are the latest amendments to chapter thirty-eight, given above: The length and width of lode claims are established at "fifteen hundred feet in length, and three hundred feet in width, on each side of such lead or vein." Mining district laws not made within two years prior to the passage of the act, are declared null and void. Work on placer claims, known as creek, bench and hill claims, lying adjacent, may be done for all the claims owned by one person or company, or on any one of such claims. Placer claims, ditches and water rights may be represented as it suits the convenience of owners, but abandonment and ceasing to exercise ownership for one year, extinguishes all title or interest therein. Placers located pursuant to the act of Congress of May 10, 1872, and amendments, is no longer subject to local rules of the district, but shall only be subject to the law governing real estate.1

1 Ap. Oct. 25, 1880-Laws of 1880, p. 26.

X. UTАН.

SECTION 326-Location of lode claim.

327-Defacing notices or records - Destroying monu

ments.

328-Wrongfully taking or extracting ores.

329-Miners' lien.

330-Records as evidence of notice, rules, etc.

331-County records.

332-Fees of recorders and their duties.

333-Records, public.

§326. Location of lode claim, -SEC. 1. Citizens and those who have declared their intention to become such, who discover a mineral deposit, etc., bearing gold, silver, tin, platina, copper, or cinnabar, are entitled to one claim for discovery, and one by right of location, and no more on the same lead.

§327. Defacing notices or records-Destroying monuments. - SEC. 2. Persons guilty of either of these offenses, or of interfering with any person lawfully in possession of a claim, or of altering, erasing, defacing, or destroying any record kept by a mining recorder, is guilty of a misdemeanor, punishable by fine of not less than twenty-five nor more than one hundred dollars, or imprisonment for not less than ten days, nor more than six months, or both such fine and imprisonment. Justices of the peace have jurisdiction within their counties of such offenses.

§328. Wrongfully taking or extracting ores.-SEC. 3. Any person wrongfully entering upon any mine or claim and carrying away ores, or extracting or selling ores therefrom, it being the property of another, in addition to civil liability in treble the value of the ores, the party so offending may be arrested on the affidavit of the loser as to the wrongful taking, and held to bail as for the recovery of personal property unjustly detained.

§ 329. Miner's lien. - SEC. 4. The performance of work on, or furnishing materials for any mine, pursuant to a contract with the owner of the mine, or any interest therein, entitles the miner, laborer, or material man to a lien on all the interest in such mine of the party contracting for the work or materials. The lien may be enforced in the same manner and with like effect as provided for a mechanic's lien.

AN ACT RELATING TO RECORDS AND MINING RULES.1 § 330. Records as evidence of notices, rules, etc.SEC. 1. Copies of notices of location and of mining rules and regulations recorded in the several mining districts, are receivable in all the courts of the territory

1 Approved February 18, 1876.

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as prima facie evidence of such notices, rules and regu-
lations, if properly certified by the recorders. And the
seal of the recorder, certifying to their correctness, shall
be prima facie evidence of the election, qualification and
official character of such mining recorder.

§ 331. County records. --SEC. 2. It is made the duty of county recorders to record the mining rules and regulations of the several districts in their counties; and where so recorded, certified copies shall be received as prima facie evidence of such rules and regulations.

§ 332. Fees of recorders and their duties. --SEC. 3. The fees of mining recorders for recording instruments and making copies are the same as those allowed county recorders for like services. It is the duty of the mining recorder on tender of his fees to supply certified copies of the records; for failure so to do, or receiving larger fees than allowed by law, he shall be deemed guilty of a misdemeanor, and subject to the penalties against public officers in Section 20 of an act entitled "An act to regulate fees and compensation for official and other services in the territory of Utah," passed February 20, 1874.

§ 333. Records, public. -SEC. 4. "Recorders of mining districts shall, for the purposes of this act, be deemed public officers, and the records in their custody shall be deemed public records, and they are hereby required to keep an official seal.1

1 Compiled Laws of Utah, p. 398; Acts approved Feb. 16, 1872.

XI. WASHINGTON TERRITORY.

§334. Water rights-Right of way for ditches, etc. The appropriation of the water of public streams for mining and other purposes is authorized by statute. A right of way for canals, ditches, flumes, aqueducts, reservoirs, etc., may be acquired by condemnation and paying for the land taken, the price assessed by commissioners. It is provided that the assessed value of benefits accruing from the improvement may be deducted from the assessed value of land taken from the person benefited, or from the damages resulting from such taking, in fixing the amount due to the person whose property is so condemned.1

1 Act approved November 14, 1879; Laws of 1879, p. 124.

XII. WYOMING.

SECTION 335-Location of lode claims-Length.

336-Location notice.

337-Annual labor.

338-Tenants in common on same lode.

339-Segregated claims.

340-Extensions.

341-Lateral surface ground.

342-Right of way.

343-Cross and intersecting veins.

344--Locations on distinct parts of same lode.

345-Tunneling for blind lodes.

346-Limitations upon rights acquired by tunnel dis

covery.

347-Intersection of tunnel with prior location.

348-Tunnel for development--Right of way.

349-Ditch or water sites.

350-Record of water site.

351-Time for completing ditch.

352-Right of way for water.

353-Mill sites.

354-Formation of mining districts.

355-Mining recorders.

356-Fees of recorder-Further duties.
357-Placer mines-Local laws-Records.

358-Conveyances.

359-Forfeiture excused.

360-Forfeiture-Relocation.

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