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ing each year to hold possession of a mining claim, shall be that prescribed by the laws of the United States. to-wit: one hundred dollars annually.

§ 282. Affidavit of labor.-SEC. 15. Within six months after any set time or annual period herein 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:

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Before me the subscriber personally appeared, being duly sworn, says at least

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dollars' worth of work or improvements were performed or made upon (here describe the claim or claims, or part thereof), prior to the A. D. 18-, situate in

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- day of

mining district, county of

Territory of Dakota. Such expenditure was made by or at the expense of owner of said claim, for the purpose of holding said claim. (Jurat.)

(SIGNATURE.)

And such certificate when recorded in the office of the register of deeds of the county wherein such claim is located, shall be prima facie evidence of the performance of such labor.

§ 283. Relocating abandoned claims.-SEC. 16. 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 shaft, cut or adit to a sufficient depth to comply with sections five and seven of this chapter, 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 must

state that the whole or any part of the new location is located as abandoned property.

§ 284. One certificate, one location.-SEC. 17. 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.

§ 285. Fee for recording.-SEC. 18. The register of deeds shall be entitled to receive the sum of $1 for each location certificate recorded and certified by him, and shall furnish the locator or locators with a certified copy of such certificate when demanded, for which he shall be entitled to receive 50 cents.

§ 286. Disputed claims-Survey of mine-Limitations.-SEC. 19. In all actions in any district court of this territory, wherein the title or right of possession to any mining claim shall be in dispute, the said court, or the judge thereof, may, upon application of any of the parties to such suit, enter an order for the underground as well as surface survey of such part of the property in dispute as may be necessary to a just determination of the question involved. Such order shall designate some competent surveyor not related to any of the parties to such suit, or in anywise interested in the result of the same; and upon the application of the party adverse to such application, the court may also appoint some competent surveyor, to be selected by such adverse applicant, whose duty it shall be to attend upon such survey, and observe the method of making the same; said second survey to be at the cost of the party asking therefor. It

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21, p. 159.

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1 The foregoing sections are from Rev. Codes Dakota (1877), Ch. 21, p. 159.

V. IDAHO.

SECTION 288 -Location and notice of claim.

289

Recording of claims.

289a-Destruction of notice-Misdemeanor.

2896-Rights of way and easements.

289c-Water rights.

289d-Miners' liens-Sub-contractors, journeymen, laborers, material-men.

289e-Same-Contractors, preparation of ores, superin

tendents, etc.

289f-Same - Superstructures and improvements in-
cluded.

289g-Exemptions from execution.
289h-Limitation of actions.

289i-Rules and customs control.

§ 288. Location and notice of claim.-Locators of mining claims shall, at the time of location, place a stake or post, not less than four inches square or in diameter, at each end of the ground claimed, and a similar stake at each corner, which stakes must be four feet high. To one of the center end ones must be attached the notice of location. The notice shall contain the date of location, name of locator and of claim, the quantity in feet along the ledge or lode, and the width claimed from the middle of the vein; also a description of the locality of the claim as near as possible, by reference to surrounding landmarks. When stakes or posts cannot be conveniently had, monuments of stone will suffice, but the notice in either case must be conspicuous. Three hundred feet may be claimed on each side of the middle of the vein or lode, but the original number of feet staked out shall not afterwards be increased so as to affect the rights of others.

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