same, shall be effectual unless it appear that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within two years before the commencement of the act in respect to which such action is prosecuted or defence made 2113. SEC. 3. All acts or parts of acts in conflict with this act are hereby repealed.

SEC. 4.

This act shall take effect and be in force from and after its passage.

An Act Conferring Jurisdiction of all Mining Claims on the District Court. Approved December 30, 1865.

DISTRICT COURTS, JURISDICTION.

The dis

Be it enacted, etc.: 2366. SECTION I. trict courts of said territory shall have exclusive original jurisdiction of all suits and proceedings relating to mines and mineral and auxiliary lands, and the registry, and denouncement of the same, and all the jurisdiction, power, and authority conferred upon the probate courts and probate judges by chapter fifty of the Howell code, entitled, "Ot the Registry and Government of Mines and Mineral Deposits," or otherwise, are hereby conferred upon the district courts and district judges respectively.

2367. SEC. 2. That section two of title one of said chapter is hereby repealed, and also all the

other provisions of said chapter, conferring jurisdiction upon the probate courts and probate judges, over suits and proceedings relating to mines, mineral, and auxiliary lands, as well as other acts and parts of acts inconsistent with the provisions of this act.

2368. SEC. 3. All suits and other proceedings in said probate courts, now pending therein, and over which said probate courts have jurisdiction, are hereby transferred to, and shall be continued in, the district court of the county in which said suits and proceedings are now pending.

2369. SEC. 4. The clerks of the probate courts shall, within thirty days after the publication of this act, transfer to and file in the office of the district courts of their respective counties, all records and papers in suits and proceedings relating to mines, mineral, and auxiliary lands, which records and papers shall be kept and filed by the clerks of said district courts, and when so transferred and filed, said suits and proceedings shall be proceeded with as though commenced in said district courts; Provided, That in counties where there shall be no clerks of the district courts, the records and papers shall be transferred and filed as aforesaid within thirty days after the appointment of said clerks and their acceptance thereof.

SEC. 5. This act shall take effect and be in force from and after its passage.

A Justice of the Peace has not Jurisdiction in Mining Cases.

3059-SEC. 623. No action in regard to mining claims shall be maintained before any justice of the peace.

THE MINING LAWS OF NEW MEXICO.

General Laws of 1876; Chapter XXXVIII.

An Act to Regulate the Manner of Locating Mining Claims and for Other Purposes.

SECTION I.

CONTENTS.

Location-bounds to be marked, notice of name

of locator; make record in three months.

SEC. 2.

SEC. 3.

SEC. 4.

Record books must be provided.

Value of labor on mining claims defined.

Locations heretofore made, there being no adverse

claims, may be filed within six months.

SEC. 5. Ejectment in mining claims and real estate.
SEC. 6. Repeals former acts.

Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. Any person or persons desiring to locate a mining claim upon a vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposit, must distinctly mark the location on the ground so that its boundaries may be readily traced; and post in some conspicuous place on such location, a notice in writing stating thereon the name or names of the locator or locators, his or their intention to locate the mining claim, giving a description thereof, by reference to

some natural object or permanent monument as will indentify the claims; and also within three months after posting such notice, cause to be recorded a copy thereof in the office of the recorder of the county in which the notice is posted; and provided no other record of such notice shall be necessary.

SEC. 2. In order to carry out the intent of the preceding section, it is hereby made the duty of the probate judges of the several counties of this territory, and they are hereby required to provide at the expense of their respective counties, such book or books as may be necessary and suitable in which to enter the record hereinbefore provided for. The fees for recording such notices shall be ten cents for every one hundred words.

SEC. 3. In estimating the worth of labor required to be performed upon any mining claims, to hold the same by the laws of the United States, in the regulation of mines, the value of a day's labor is hereby fixed at the sum of four dollars: Provided, however, That in the sense of this statute, eight hours of labor actually performed upon the mining claim shall constitute a day's labor.

SEC. 4. All locations heretofore made in good faith, to which there shall be no adverse claims, the certificate of which locations 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 locations 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.

SEC. 5. An action of ejectment will lie for the recovery of the possession of a mining claim, as well also of any real estate, where the party suing has been wrongfully ousted from the possession thereof, and the possession wrongfully detained.

SEC. 6. That "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 January 1, 1872; be and the same are hereby repealed: Provided, That no locations completed or commenced under said acts shall be invalidated or in any wise affected by such repeal. SEC. 7. That this act shall take effect and be in full force from and after its passage.

Approved Fanuary 11, 1876.

FORM OF DISTRICT RULES AND ORGANIZATION. The following form will serve as a guide for the organization and proceedings of mining districts:

of

By virtue of a notice duly signed and posted on the

day

188-, a meeting of miners was held at the place of post