of other persons; but it shall be the duty of every miner to take care of his own tailings upon his own property, or become responsible for all damages that may arise therefrom. § 212. Right of way for hauling quartz.-SEC. 9. Every miner shall have the right of way across 1805 any and all claims for the purpose of hauling quartz from his claim. § 213. Soldiers' claims-When forfeited.-SEC. 10. All claims taken up and recorded by persons who 1806 have, since the recording of the same, enlisted in the army of the United States, or the volunteer force of this state, shall be deemed and held as real estate for a period of two years from the expiration of their term of enlistment or discharge from service; after which time, if not represented by the said soldier or soldiers, all such claims shall be forfeited to any person who may take up the same. § 214. 1807 District records-Transcripts used as evidence.-SEC. 11. 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 of the matters concerned in such record or proceeding; 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. AN ACT FOR THE RELIEF OF PRE-EMPTORS AND LOCA- § 215. Locations to conform to act of Congress.— SECTION 1. No statutory law of the state [terri1808 tory] of Colorado shall be so construed as to prohibit the location of three thousand feet or less on any vein or lode in the manner prescribed in Section 4 of an act of Congress, approved July twenty-six, one thousand eight hundred and sixty-six, entitled "An act granting the right of way to ditch and canal owners over the public lands," and for other purposes; nor to prejudice any rights to obtain patents for the same as provided in said act. § 216. Validating former pre-emptions and locations.-SEC. 2. All pre-emptions and locations of 1809 three thousand feet or less on any vein, lode, or ledge, made since the passage of the said act of Congress, and conforming to the same, shall be good and valid. § 217. Prior rights.-SEC. 3. Nothing in this act shall be so construed as to prejudice any rights acquired prior to the passage of this act. 1810 AN ACT CONCERNING MINES.1 1 From Session Laws of 1874. § 218. Length of lode claims.-SEC. 1. The length of any lode claim hereafter located may equal but not exceed fifteen hundred feet along the vein. 1811 § 219. Width of lode claims.-SEC. 2. The width of lode claims hereafter located in Gilpin, Clear 1812 Creek, Boulder and Summit counties, shall be seventy-five feet on each side of the center of the vein or crevice; and in all other counties the width of the same shall be one hundred and fifty feet on each side of the center of the vein or crevice: Provided, That hereafter any county may at any general election, determine upon a greater width, not exceeding three hundred feet on each side of the center of the vein or lode, by a majority of the legal votes cast at said election, and any county, by such vote at such election, may determine upon a less width than above specified. $ 220. Recording.-SEC. 3. The discoverer of a lode shall, within three months from the date of dis1813 covery, record his claim in the office of the recorder of the county in which such lode is situated, by a location certificate, which shall contain: First-The name of the lode. Second-The name of the locator. Third-The date of location. Fourth-The number of feet in length claimed on each side of the center of discovery shaft. Fifth-The general course of the lode as near as may be. § 221. What location certificate to contain.-SEC. 4. Any location certificate of a lode claim which 1814 shall not contain the name of the lode, the name of the locator, the date of location, the number of lineal feet claimed on each side of the discovery shaft, the general course of the lode, and such description as shall identify the claim with reasonable certainty, shall be void. § 222. Location and boundaries.-SEC. 5. Before filing such location certificate, the discoverer shall 1815 locate his claim by: First-Sinking a discovery shaft upon the lode to the depth of at least ten feet from the lowest part of the rim of such shaft at the surface, or deeper, if necessary to show a well defined crevice. Second-By posting at the point of discovery, on the surface, a plain sign or notice containing the name of the lode, the name of the locator, and the date of discovery. Third-By marking the surface boundaries of the claim. § 223. Marking surface boundaries.-SEC. 6. Such surface boundaries shall be marked by six sub 1816 stantial posts, hewed or marked on the side or sides which are in toward the claim, and sunk in the ground, to-wit: One at each corner, and one at the center of each side line. Where it is practically impossible, on account of bed rock, to sink such posts, they may be placed in a pile of stones, and where in marking the surface boundaries of a claim any one or more of such posts shall fall by right upon precipitous ground, where the proper placing of it is impracticable or dangerous to life or limb, it shall be legal and valid to place any such post at the nearest practicable point, suitably marked to designate the proper place1. 1 Amendment of 1876. § 224. Substitute for discovery shaft.-SEC. 7. Any open cut, cross cut or tunnel which shall cut a lode 1817 at the depth of ten feet below the surface, shall hold such lode, the same as if a discovery shaft were sunk thereon, or an adit of at least ten feet in along the lode, from the point where the lode may be in any manner discovered, shall be equivalent to a discovery shaft. § 225. Time for sinking discovery shaft.-SEC. 8. The discoverer shall have sixty days, from the 1818 time of uncovering or disclosing a lode, to sink a discovery shaft thereon. § 226. 1819 What location includes.-SEC. 9. The location or location certificate of any lode claim shall be construed to include all surface ground within the surface lines thereof; and all lodes and ledges throughout their entire depth, the top or apex of which lie inside of such lines extended downward vertically, with such parts of all lodes or ledges as continue by dip beyond the side lines of the claim; but shall not include any portion of such lodes or ledges beyond the end lines of the claim, or the end lines continued, whether by dip or otherwise, or beyond the side lines in any other manner than by the dip of the lode. § 227. Lodes not followed beyond lines on the strike.-SEC. 10. If the top or apex of a lode in its 1820 longitudinal course extends beyond the exterior lines of the claim at any point on the surface, or as extended vertically downward, such lode may not be followed in its longitudinal course beyond the point where it is intersected by the exterior lines. § 228. Right of way for ditches and flumes. SEC. 11. All mining claims now located, or which 1821 may be hereafter located, shall be subject to 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: Provided, 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. § 229. Security of surface rights.-SEC. 12. When the |