ing expenses, that excess is paid over to the owners or to stock holders as dividends; the net proceeds, if the mine be fortunate enough to have any, are almost always disbursed and distributed as rapidly as they accrue, so that on the first day of May or on any other given day, the net proceeds in a particular county would be but a small fraction of the aggregate net proceeds for the year previous. It needs no argument or illustration to demonstrate that the assessment of the net proceeds of mines under this section would be a farce. Of the small proportion that would otherwise be on hand in a given county on the first day of May, how much would be there on the suceeeding anniversaries of that day after the first successful attempt to assess the mining proceeds of such county, under the above provisions? I am not sure that the attempt to apply this section to the proceeds of mines, would be obnoxious to the constitution. For the statute would then prac

tically amount to the exemption law."

See State vs. Kruttschnitt, 4 Nevada, 200.

LAW OF POSSESSION.

SEC. 2131. Any person settled upon any of the public lands belonging to the United States may maintain trespass quare clausum fregit, trespass, ejectment, forcible entry and detainer, unlawful detainer and forcible detainer, for injuries done to the possession thereof.—Nov. 7, 1861.

MINING CLAIMS, REAL ESTATE.

SEC. 185. The terms "land" and "real estate," as used in this chapter, shall be construed as co-extensive in meaning with the terms "lands, tenements, hereditaments," and as embracing mining claims and other claims, and chattels real. The term "deed" includes mortgages, leases, releases, and every conveyance or incumbrance under seal.-Nov. 7, 1861.

TRANSFERABLE.

SEC. 2126. The owner of every claim, or improvement on every tract or parcel of land, has a transferable interest therein, which may be sold in execution or otherwise; and any sale of such improvement is a sufficient consideration to sustain a promise. Nov. 7, 1861.

MINING DISTRICT RULES.

SEC. 2127. All rights of occupancy, possession and enjoyment of any tract or portion of the said public domain, acquired before the 7th day of November, A. D. 1861, shall be ascertained, adjudged and determined by the local law of the district or precinct in which such tract is situated, as it existed on the day when such rights were acquired, or as it thereafter may have existed; and if there were no laws at that time, then by the common custom then prevailing in respect to such property in the district or precinct in which it existed. All such rights of occupancy, possession and enjoyment, acquired since the said 7th day of November, A. D. 1861, shall be ascertained, adjudged and determined by the laws of this State in force at the date of such acquisition.-From Acts of 1861 and 1868.

EVIDENCE.

SEC. 386. The Colorado Code of Civil Procedure provides: In actions respecting mining claims, proof shall be admitted of the customs, usages and

regulations, established and in force in the mining districts embracing such claim; and such customs, usages and regulations, when not in conflict with the laws of this state, or of the United States, shall govern the decision of the action.

RECORD.

SEC. 1807. A copy of all the records, laws and proceedings of each mining district, so far as they relate to lode claims, shall be filed in the office of the County Clerk of the county in which the district is situated, within the boundaries of the district attached to the same, which shall be taken as evidence in any court having jurisdiction in the matters concerned in such record or proceedings; and all such records of deeds and conveyances, laws and proceedings of any mining district, heretofore filed in the Clerk's office of the proper county, and transcripts thereof, duly certified, whether such record relate to gulch claims, lode claims, building lots, or other real estate, shall have the like effect as evidence.-1868.

U. S. TITLE PARAMOUNT.

SEC. 2146. Nothing in this chapter contained shall be construed to deny the right of the United States to dispose of any lands in this state; nor shall the fact that the title to any lots, lands, lodes or mining claims hath not passed from the United States, be any bar to the recovery of the plaintiff in either of the actions specified in section

eight of this chapter. As against the United States, and all persons holding any of said lands under the United States, or the laws thereof, this chapter shall be of non-effect and void.-Nov. 7, 1861. See Sec. 2131, p. 66 ante. MINING UNDER SURFACE IMPROVEMENTS. SEC. 1799. No person shall have the right to mine under any building or other improvement, unless he shall first secure the parties owning the same against all damages, except by priority of right.—Nov. 7, 1861.

INTERFERENCE OF CLAIMS.

SEC. 1802. When it shall appear that one lode crosses, runs into, or unites with any other lode, the priority of record shall determine the rights of claimants; provided, that in no case where it appears that two lodes have crossed one another, shall the priority of record give any person the privilege of turning off from the crevice or lode which continues in the same direction of the main lode upon which he or they may have recorded their claim or claims, but such person or persons shall, at all times, follow the crevice running nearest in the general direction of the main lode upon which he or they may have recorded their claim or claims.

SEC. 1803. Where two crevices are discovered at a distance from each other, and known by different names, and it shall appear that the two

are one and the same lode, the persons having recorded on the first discovered lode shall be the legal owners.--Nov. 7, 1861. See U. S. Stat., Sec. 2336.

MINERS' LIEN.

Abridged from the Act approved February 12, 1881.

SEC. 7. In What Cases Allowed.-Miners, laborers and others who do work or labor to the amount of twenty-five dollars upon any mine, lode or deposit, under a contract, express or implied, with the owner, or his agent, and all persons who shall furnish any timber or other materials to the amount of twenty-five dollars or more for use in such mine, lode or deposit, shall have a lien upon the property for the amount of work done or materials furnished, by filing in the county clerk and recorder's office within forty days after the last labor was performed or materials furnished, a statement as required by section 2 of the act.

SEC. 4.

Sub-Contractor.--Every sub-contractor, mechanic, laborer and material-man is entitled to a similar lien upon serving a notice upon the owner or his agent in the afternoon of the Saturday next following the performance of the work or furnishing the materials, and also recording a notice of his claim within forty days after the last labor was performed or materials furnished as in case of a contractor.

A Similar Lien is allowed for work done or materials furnished for any tramway, canal, ditch, flume, aqueduct or reservoir.

A Contractor is one who is employed directly by the owner. A Sub-Contractor is one employed by a contractor.

Limitation. The lien must be enforced by commencing suit within six months after record.

SEC. II. When Lien Attaches.-All such liens shall relate back to the commencement of the work or labor or furnishing of materials by the claimant, and shall have priority over any and every lien or incumbrance subsequently intervening, and of all prior incumbrances, of which the lienor had no notice.