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§ 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.


§ 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.

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§ 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.

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SECTION 335-Location of lode claims-Length.

336-Location notice.

337-Annual labor.

338-Tenants in common on same lode.

339-Segregated claims.


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


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.


359-Forfeiture excused.


361-Penal provisions-Destroying notice.

362-Ante-dating notice.

363-Miners' liens.


ment of non-residents.

§ 335. Location of lode claims-Length.-SEC. 1. Provides for locations of 200 feet in length on lodes, ledges or veins of quartz or other rock bearing "gold, silver, cinnabar or copper," and where the discoverers are bona fide residents of the territory, an extra 200 feet for discovery.

§ 336. Location notice.-SEC. 2. The notice placed on the claim is required to contain the name of the lode, the direction and boundaries, and the name of the claimant. A copy of the notice must be filed in the office of the district recorder, or of the register of deeds of the county for record, within fifteen days after date of location.

§ 337. Annual labor.-SEC. 3. The annual assessment required, until title is obtained from the government, is fifty dollars' worth of labor and improvements for each 200 feet.

§ 338 Tenants in common on same lode.-SEC. 4. Owners of several claims on same lode considered as tenants in common, and may perform labor on one claim for all.

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§ 339. Segregated claims.-SEC. 5. Where the locations on the same lode are claimed as 66 segregated, the tenancy in common and commutation of labor does not apply as in preceding section. It must be performed on each claim.

$340. Extensions.-SEC. 6.-The discoverer of an extension of a lode holds the same by prior right, not

withstanding the previous posting of notices claiming such extension.

§ 341. Lateral surface ground.-SEC. 7. Ore hundred feet on each side of lode is allowed for working purposes. not to interfere with rights of others to prospeet for distinct veins.

§ 342. Right of way.-SEC. 8. Persons working or developing mines have the right of way across all other claims for hauling quartz or other necessary materials.

§ 343. Cross and intersecting veins.-SEC. 9. Where veins cross, intersect or unite, priority of record shall govern. But in no case shall the claimant be allowed to diverge from the general direction of his lode to enter upon that of another. Each shall follow his vein extending most nearly in the general direction of the lode according to the original location.


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§ 344. Locations on distinct parts of same lode.— SEC. 10. Where two ledges or lodes are discovered at any distance apart, known by different names, and it shall subsequently be proven that the two are one and the same ledge or lode," the first locator having first recorded is entitled to possession; but the parties evicted are not liable for ores extracted and disposed of previous to the proven unity.

§ 345. Tunneling for blind lodes.—SEC. 11. Tunnel claims may be located, "but the right of way of such tunnel shall not exceed five hundred feet at right-angles to the tunnel. All persons owning in said tunnel shall have the right to claim two hundred feet each on any

11 ledges or lodes such tunnels may tap;" unless des have been previously discovered and worked Ing to section three of the act.

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