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not owning the mining claim embraced therein, and provides, also, that the owner of the claim shall apply to purchase within six months after the township plat is filed in the local land office, or "on or before the first day of January, 1877."4 Owners of such claims who have entered into agreements with purchasers of these lands to secure title to their mining claims are not to have the benefit of the act.5

1 Amend. Act Feb. 3, 1876-Stat. 1875-6, p. 20. Words in italics omitted in original, and applicants were required to apply within six months after filing plat, or ten months after passage of act.

2 Altered by act April 6, 1880, from " district," Stat. 1880, p. 26 3 Omitted in amendment of Feb. 3, 1876.

4 Supplied by Am. Feb. 3, 1876, in lieu of "within ten months after the passage of this act."

5 Stat. 1873-74, p. 766.

§ 197. Liens.-An act securing liens to mechanics and others 1 was extended to include bridges, ditches, flumes or aqueducts for mining and other purposes, giving the mechanic, laborer or material man a lien upon such structures.2 This act, however, was repealed April 26, 1862,3 by a general lien law, which was repealed by the general lien law of March 30, 1868.4

1 April 19. 1856.

2 Stat. 1857, p. 84.
3 Stat. 1862, p. 384.
4 Stat. 1867-68, p. 589.

§ 198. Taxation. The law exempting mines from taxation has been repealed so far as it affects mining claims that have become private property by grant from the governments of the United States, Spain, or Mexico.1 1 Stat. 1863-64, p. 471.

§ 199. Easements-Rights of way-Ditches-Drains -Flumes and tunnels-Dumpage.-The following are the provisions of a statute upon the subjects embraced in

the title of this section: Section one is that owners of mining claims should have free ingress and egress across other claims, for all necessary purposes. Section two, that where a mine cannot be conveniently worked without a road thereto, a ditch or cut to convey water thereto or therefrom, a flume or tunnel, or a place to dump tailings, either of which must pass across or through, or the dumping ground be upon, other claims, the owner of the first mentioned mine shall be entitled to such easement by complying with the provisions of the act. Section three, when the right cannot be acquired by private agreement, the party claiming it shall petition the county court, or the judge, if in vacation, praying for an award of the same. The petition is to be verified and contain a description of the easement sought, the claim of the petitioner, and also those to be affected, show that the right has not been acquired by agreement, and pray for the allowance of the right and the appointment of three commissioners to assess the damages. Section four provides for the issuing of a citation to the owners of claims to be affected, on the filing of the petition, to appear on a day fixed not less than ten days from service, which service shall be as provided for summons in ordinary proceedings, and show cause why the prayer should not be granted. Section five provides that upon hearing proofs on the return day, or an adjourned day if necessary, the court or judge, if satisfied of the necessity for the right, shall make an order adjudging the same, and appointing three disinterested parties to assess the damages. Section six requires the commissioners, being sworn, to proceed without delay to examine the property, take testimony as to the value of the property and the damages, and report in writing to the court. Such report shall designate and describe the proposed easement by course, magnitude and location, the value of lands appropriated,

and assign the damages to each servient claim. Section seven provides that for good cause shown, within ten days from the filing of the report, the same may be set aside on motion and a new commission appointed. But where this or any subsequent report is allowed to stand, the court or judge shall make an order in pursuance thereof. Section eight provides for the successful petitioner, after paying the damages awarded, entering into the enjoyment of his privilege. Section nine makes the provisions of foregoing sections applicable to miners wishing to discharge tailings into a water-course upon which water rights have been acquired; but provides that such commission shall not be appointed unless the court or judge be satisfied that the privilege can be enjoyed without especial injury to the riparian proprietors. Section ten requires all costs and expenses, including five dollars a day to the commissioners, to be paid by the petitioner. Stat. 1869-70, p. 569.

$ 200. Water rights.1-SEC. 1410. The right to the use of running waters flowing in a river or stream, or down a cañon or ravine, may be acquired by appropriation. SEC. 1411. The appropriation must be for some useful or beneficial purpose, and when the appropriator, or his successor in interest, ceases to use it for such a purpose, the right ceases. SEC. 1412. The person entitled to the use may change the place of diversion, if others are not injured by such change, and may extend the ditch, flume, pipe or aqueduct by which the diversion is made to places beyond that where the first use was made. SEC. 1413. The water appropriated may be turned into the channel of another stream and mingled with its water, and then reclaimed; but in reclaiming it the water already appropriated by another must not be diminished. SEC. 1414. As between appropriators, the one first in time is the first in

right. SEC. 1415. A person desiring to appropriate water must post a notice in writing in a conspicuous place, at the point of intended diversion, stating therein: 1. That he claims the water there flowing to the extent of (giving the number) inches, measured under a four-inch pressure. 2. The purposes for which he claims it, and the place of intended use. 3. The means by which he intends to divert it, and the size of the flume, ditch, pipe, or aqueduct in which he intends to divert it. A copy of the notice must, within ten days after it is posted, be recorded in the office of the recorder of the county in which it is posted. SEC. 1416. Within sixty days after the notice is posted the claimant must commence the excavation or construction of the works in which he intends to divert the water, and must prosecute the work diligently and uninterruptedly to completion, unless temporarily interrupted by snow or rain. SEC. 1417. By "completion" is meant conducting the waters to the place of intended use. SEC. 1418. By a compliance with the above rules, the claimants' right to the use of the water relates back to the time the notice was posted. SEC. 1419. A failure to comply with such rules deprives the claimants of the right to the use of the water, as against a subse quent claimant who complies therewith. SEC. 1420. Persons who have heretofore claimed the right to water, and who have not constructed works in which to divert it, and who have not diverted nor applied it to some useful purpose, must, after this title takes effect, and within twenty days thereafter, proceed as in this title provided, or their right ceases. SEC. 1421. The recorder of each county must keep a book in which he must record the notices provided for in this title. SEC. 1422. The rights of riparian proprietors are not affected by the provisions of this title.2

1 Title viii., Civil Code.

2 Hart's Civil Code, p. 212.

§ 201. Police Regulations-Protection of miners.— Where the owners of quartz mines find it necessary to work at a depth beyond three hundred feet, where the number of twelve men are daily employed in such mines, they are required to provide an additional mode of egress, connecting with the main workings at not less than one hundred feet from the surface. In case of death or injury to any one by reason of failure to comply with these requirements, the owner or owners of such mine shall be jointly liable to the injured party, or in case of death, to the heirs or relatives of deceased. In the latter case the action may be maintained and recovery had under the provisions of "an act requiring compensation for causing death by wrongful act, neglect or default.” Approved April, 26, 18621. Also for the protection of coal miners the owner, lessee, or agent is required to keep a copy of an accurate map on a scale of one hundred feet to the inch, at the mines, open to inspection by the workmen. To provide at least two shafts or slopes, or outlets, separated by strata not less than one hundred feet in breadth, with distinct means of ingress and egress. To provide adequate ventilation, not less than fifty-five cubic feet per second of pure air for every fifty workmen employed, to be circulated throughout the workings and expel the noxious gases, and all such workings shall be kept clear of standing gas. For the purposes aforesaid, to employ a competent inside overseer, who shall also keep careful watch of the timbering, etc., and see that loose coal, shale, slate, etc., over head is secured against falling, and see to all things involving the safety of the workmen. For any injury to person or property, occasioned by any violation of the act, an action will lie against the negligent party. For wilful negligence by the overseer he is punished as for a misdemeanor, and n case of death from such wilful negligence, shall be

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