the right of way of any ditch or flume for mining purposes, or of any tramway or pack-trail, whether now in use or which may be hereafter laid out across any such location; providea, always, that such right of way shall not be exercised against any location duly made and recorded, and not abandoned prior to the establishment of the ditch, flume, tramway, or pack-trail, without consent of the owner, except by condemnation as in case of land taken for public highways. Parol consent to the location of any such easement, accompanied by the completion of the same over the claim, shall be sufficient without writings; and provided further, that such ditch or flume shall be so constructed that the water from such ditch or flume shall not injure vested rights by flooding or otherwise.

MINING UNDER SURFACE IMPROVEMENT.

SEC. 1822. When the right to mine is in any case separate from the ownership or right of occupancy to the surface, the owner or rightful occupant of the surface may demand satisfactory security from the miner, and if it be refused may enjoin such miner from working until such security is given. The order for injunction shall fix the amount of bond.

RELOCATION OF HIS OWN CLAIM BY OWNER.

SEC. 1823. If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that his original certificate

was defective, erroneous, or that the requirements of the law had not been complied with before filing, or shall be desirous of changing his surface boundaries, or of taking in any part of an overlapping claim which has been abandoned, or in case the original certificate was made prior to the passage of this law, and he shall be desirous of securing the benefits of this act, such locator, or his assigns, may file an additional certificate, subject to the provisions of this act. Provided, that such relocation does not interfere with the existing rights of others at the time of such relocation, and no such relocation, or other record thereof, shall preclude the claimant or claimants from proving any such title or titles as he or they may have held under previous location.

Old Locations.-Old claims of 3,000 feet in length may be relocated, but are limited to 1,500 feet, when the additional width allowed by the present law is taken.

ANNUAL AFFIDAVIT OF LABOR.

SEC. 1824. Within six months after any set time or annual period allowed for the performance of labor, or making improvements upon any lode claim, the person on whose behalf such outlay was made, or some person for him, shall make and record an affidavit in substance as follows:

Before me, the subscriber, personally appeared, who, being duly sworn, saith, that at least

dollars' worth of work or improve

ments were performed or made upon (here describe claim or part of claim), situate in Mining District, County of, State of Colorado. Such expenditure was made by or at the expense of—, owners of said claim, for the purpose of holding said claim.

[Jurat.]

Signature. And such signature shall be prima facie evidence of the performance of such labor.

RELOCATION OF ABANDONED CLAIMS.

SEC. 1825. The relocation of abandoned lode claims shall be by sinking a new discovery shaft and fixing new boundaries in the same manner as if it were the location of a new claim; or the relocator may sink the original discovery shaft ten feet deeper than it was at the time of abandonment, and erect new, or adopt the old boundaries, renewing the posts if removed or destroyed. In either case a new location stake shall be erected. In any case, whether the whole or part of an abandoned claim is taken, the location certificate may state that the whole or any part of the new location is located as abandoned property.

It is always safer to sink a new discovery shaft and to fix new boundaries.

What is an Abandonment.-Abandonment is a question of intention. But practically the question generally turns upon neglect to do the annual labor as prescribed by the statute.

the

ONE CERTIFICATE FOR EACH CLAIM.

SEC. 1826. 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.

TUNNELS-RECORD.

SEC. 1800. If any person or persons shall locate a tunnel claim, for the purpose of discovery he shall record the same, specifying the place of commencement and termination thereof, with the names of the parties interested therein.-Nov. 7, 1861. See U. S. Stat., 2323.

PLACERS.

An Act relating to location and representation of placer mining claims. Act of 1879.

LOCATION CERTIFICATE-RECORD.

Be it enacted by the General Assembly of the State of Colorado: SEC. I. The discoverer of a placer claim shall, within thirty days from the date of discovery, record his claim in the office of the recorder of the county in which said claim is situated, by a a location certificate, which shall contain: First, the

name of the claim, designating it as a placer claim. Second, the name of the locator. Third, the date of location. Fourth, the number of acres or feet claimed. And fifth, a description of the claim by such reference to natural objects or permanent monuments as shall identify the claim.

Before filing such location certificate, the discoverer shall locate his claim: First, by posting upon such claim a plain sign or notice, containing the name of the claim, the name of the locator, the date of discovery and the number of acres or feet claimed. Second, by marking the surface boundaries with substantial posts, and sunk in the ground, to-wit: One at each angle of the claim.

ANNUAL LABOR-CO-OWNER.

SEC. 2. On each placer claim of one hundred and sixty acres or more heretofore or hereafter located, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made by the first day of August, 1879, and by the first day of August of each year thereafter. On all placer claims containing less than one hundred and sixty acres, the expenditure during each year shall be such proportion of one hundred dollars as the number of acres bears to one hundred and sixty. On all placer claims containing less than twenty acres, the expenditures during each year shall not be less than twelve dollars; but when two or more claims lie contiguous and are owned by the same