expense of doing such drainage, to be recovered by an action in any court of competent jurisdiction.

§ 239. Companies for drainage incorporated.—SEC. 3. It shall be lawful for all mining corporations 1832 or companies, and all individuals engaged in mining, having thus a common interest in draining such mines, to unite for the purpose of effecting the same, under such common name, and upon such terms and conditions as may be agreed upon; and every such association, having filed a certificate of incorporation, as provided by law, shall be deemed a corporation, with all the rights, incidents, and liabilities of a body corporate, so far as the same may be applicable.

§ 240. Forced contribution to drainage.-SEC. 4. Failing to mutually agree as indicated in the pre1833 ceding section for drainage jointly, one or more of the said parties may undertake the work of drainage, after giving reasonable notice; and should the remaining parties then fail, neglect, or refuse to unite in equitable arrangements for doing the work or sharing the expense thereof, they shall be subject to an action therefor, as already specified, to be enforced in any court of competent jurisdiction.

§ 241. Inspection to determine cost of drainage.— SEC. 5. When an action is commenced to recover 1834 the cost and expenses for draining a lode or mine, it shall be lawful for the plaintiff to apply to the court, if in session, or to the judge thereof in vacation, for an order to inspect and examine the lodes or mines claimed to have been drained by the plaintiff; or some one for him shall make affidavit that such inspection or examination

necessary for a proper preparation of the case for trial. he court or judge shall grant an order for the under

ground inspection and examination of the lode or mines described in the petition. Such order shall designate the number of persons, not exceeding three, besides the plaintiff or his representative, to examine and inspect such lode and mines and take the measurement thereof, relating the amount of water drained from the lode or mine, or the number of fathoms of ground mined and worked out of the lode or mines claimed to have been drained, the cost of such examination and inspection to be borne by the party applying therefor. The court or judge shall have power to cause the removal of any rock, debris, or other obstacles in any lode or vein, when such removal is shown to be necessary to a just determination of the questions involved: Provided, That no such order for inspection and examination shall be made except in open court or at chambers, upon notice of application for such order of at least three days, and not then except by agreement of parties, nor unless it appears that the plaintiff has been refused the privilege of making the inspection and examination by the defendant, his or their agent.

§ 242. When water from mines becomes common property.-SEC. 6. That hereafter, when any per1835 son or persons, or corporation, shall be engaged in mining or milling, and in the prosecution of such business shall hoist or raise water from mines or natural channels, and the same shall flow away from the premises of such persons or corporations to any natural channel or gulch, the same shall be considered beyond the control of the party so hoisting or raising the same, and may be taken and used by other parties the same as that of natural water-courses.

§ 243. Liability for damages caused by drainage from mines.-SEC. 7. After any such water shall have been so raised, and the same shall have flown

1836

into any such natural channel, gulch, or draw, the party so hoisting or raising the same shall be liable for injury caused thereby, in the same manner as riparian owners along natural water courses.

§ 244. No drainage of undeveloped mines.-SEC. 8. The provisions of this act shall not be construed to 1837 apply to incipient or undeveloped mines, but to those only which shall have been opened, and shall clearly derive a benefit from being drained.

§ 245. Evidence under this act.-SEC. 9. In trial of cases arising under this act, the court shall admit 1838 evidence of the normal stand or position of the water while at rest in an idle mine, also the observed prevalence of a common water level or a standing water line in the same or separate lodes; also the effect (if any), the elevating or depressing the water by natural or mechanical means in any given lode has upon elevating or depressing the water in the same, contiguous or separate lodes or mine; also the effect which draining or ceasing to drain any given lode or mine had upon the water in the same or contiguous or separate lodes or mines, and all other evidence which tends to prove the common ingress or subterraneous communication of water into the same lode or mine, or contiguous or sep-' arate lodes or mines.

Approved March 16, 1877.

LOCATION AND REPRESENTATION OF PLACER MINING CLAIMS.1

§ 246. Location and recording of placers.-SEC. 1. The discoverer of a placer claim shall, within thirty days from the date of discovery, record his claim in the office of the recorder of the county in which said claim is sit

uated, by a location certificate, which shall contain: First, the name of the claim, designating it as a placer claim; second, the name of the locator; third, the date of location; fourth, the number of acres or feet claimed, and fifth, a description of the claim by such reference to natural objects or permanent monuments as shall identify the claim. Before filing such location certificate the discoverer shall locate his claim: First, by posting upon such claim a plain sign or notice, containing the name of the claim, the name of the locator, the date of discovery, and the number of acres or feet claimed; second, by marking the surface boundaries with substantial posts, and sunk into the ground, to-wit: one at each angle of the claim. 1 Took effect without approval March 12, 1879.

§ 247. Annual labor-Forfeiture.-SEC. 2. On each placer claim of one hundred and sixty acres or more, heretofore or hereafter located, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made by the first day of August, 1879, and by the first day of August of each year thereafter. On all placer claims containing less than one hundred and sixty acres, the expenditure during each year shall not be less than twelve dollars; but where two or more claims lie contiguous, and are owned by the same person, the expenditure hereby required for each claim may be made on any one claim; and upon a failure to comply with these conditions, the claim or claims upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made; Provided, That the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location; Provided, the aforesaid expenditures may be made in building and repairing

ditches to conduct water upon such ground, or in making other mining improvements necessary for the working of such claim. Upon the failure of any one of several coowners to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor, or made the improvements, may, at the expiration of the year, to-wit: the first of August, 1879, for the locations heretofore made, and one year from the date of locations hereafter made, give such delinquent co-owner personal notice in writing, or, if he be a non-resident of the state, a notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and mailing him a copy of such newspaper, if his address be known, and if, at the expiration of ninety days after such notice in writing, or after the first publication of such notice, such delinquent should fail or refuse to contribute his proportion of the expenditure required by this action [section] his interest in the claim shall become the property of his co-owners who have made the required expenditures.1

1 Session Laws, 1879, p. 140.

CODE PROVISIONS.

$248. Evidence of customs admissible in action.— SEC. 386. 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.1 1 Code Col., p. 144.

§ 249. Inspection of mines in litigation.-SEC. 387. Whenever any person, company or corporation shall have any right to, or interest in any mine, lead, lode or