tions have been or may be filed for record and recorded in the recorder's office of the county where the location is made, within six months after the passage of this act, are hereby confirmed and made valid. But where there may appear to be any such adverse claim, the said location shall be held to be the property of the person having the superior title or claim, according to the laws in force at the time of the making of the said locations.

§ 313. Ejectment to recover mining claims.-SEC. 5. An action of ejectment will lie for the recovery of the possession of a mining claim, as well as of any real estate, when the party suing has been wrongfully ousted from the possession thereof, and the possession wrongfully detained.

§ 314. Repealing clause, saving rights under prior locations.-SEC. 6. "An act concerning mining claims,” approved January 18, 1865, and an act amendatory thereof, approved January 3, 1866; also, an act entitled an act to amend certain acts concerning mining claims in the territory of New Mexico, approved February 1, 1872, are hereby repealed; provided, that no locations completed or commenced under said acts shall be invalidated or in anywise affected by such repeal.1

1 Compiled from General Laws of New Mexico (1880). Article xxxviii, Ch. lxxviii, Act of 1876.

IX. OREGON.

SECTION 315-Lode claims-Length and width.

316-Location of claims-Record-Forfeiture.
317-Number of claims on one vein.

318-Annual labor.

319-Duty of county clerks-Recording claims, etc.
320--District laws as to water rights, placer claims and
town lots.

321-Ditches and flumes.

SECTION 322-Conveyances-Liens.

323-Mortgages on placer claims.

324-Recording fee.

325-Amendments-Lodes-Local laws-Placer claims-Water rights.

§ 315.-Lode claims-Length and width-SEC. 1.— The extent of lode claims as first established by statute, was three hundred feet in length.

- Record-Forfeiture

§ 316.-Location of claims SEC. 2.-The discoverer of any claim was allowed to hold the same for thirty days by posting a notice at the point of discovery, within which time the claim was to be recorded, provided it was not continuously worked. Failure to work for twelve consecutive months, worked a forfeiture, unless the owner or owners were absent on account of sickness or in active military service, in time of war.

§ 317.-Number of claims on one vein.-SEC. 3.—One claim by location, with an additional one to the discoverer, with as many by purchase as the local laws of the district would allow was the early rule, prior to the United States Statutes.

§ 318. Annual labor.-SEC. 4. Fifty dollars a year was the prescribed amount of work necessary to hold a claim, with the proviso, that corporations owning several claims on one vein or lode, might perform all the necessary work on one claim, for each of the claims so owned.

§ 319. Duty of county clerks-Recording claims, etc.-SEC. 5. On receipt of notice of a district being organized by a miners' meeting, with a description of the boundaries, it is the duty of the county clerk to record the same in a book kept for that purpose. Upon petition of the parties interested he may appoint a dep

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, compiled by Deady & Lane.

§ 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. UTAH.

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.