MONTANA.

Extracts from Code of 1895. SECTION 3610. Mineral Claim - Location -- Notice.-Any person, a citizen of the United States, or one who has declared his intentions to become such, who discovers a vein or lode, bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, or who discovers or locates a placer deposit of gold or other deposits of minerals, including building stone, limestone, marble, clay, sand or other mineral substances having a commercial value, may locate a claim upon such vein, lode or deposit, by defining the boundaries of a claim in the manner hereinafter described, and by posting a notice of such location at the point of discovery, which notice must contain: 1. The name of the lode or claim. 2. The name of the locator or locators. 3. The date of the location. 4. If a lode claim, the number of lineal feet claimed in length along the course of the vein, each way from the point of discovery, with the width on each side of the center of the vein, and the general course of the vein or lode as near as may be. 5. If a placer or mill-site claim, the number of acres or superficial feet claimed.

Sec. 3611. Discovery Shaft-Defining Boundaries.-Before the expiration of ninety days from the date of posting such notice upon the claim, the locator or locators must sink a discovery shaft upon the lode or claim (mill-site claims excepted) 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 or valuable deposit. Its equivalent in work must be done upon placer claims. A cut, a crosscut or tunnel which cuts a lode at the depth of ten feet below the surface, or an open cut of at least ten feet in length along the lode from the point where the lode may be in any manner discovered, is equivalent to a discovery shaft. The locator or locators must define the boundaries of his or their claim by marking a tree or rock in place, or by setting a post or stone at each corner or angle of the claim.

When a post is used it must be at least four inches square, by four feet six inches in length, set one foot in the ground, with a mound of earth or stone four feet in diameter by two feet in height around the post.

When a stone is used, not a rock in place, it must be at least six inches square and eighteen inches in length, set twothirds of its length in the ground, which trees, stakes or monuments must be so marked as to designate the corners.

SEC. 3612. Declaratory Statement—Ninety Days-County Clerk. Within ninety days of the date of posting the location notice upon the claim, there must be filed in the office of the county clerk of the county in which the lode or claim is situated

a declaratory statement, which must contain: 1. The name of the lode or claim. 2. The name of the locator or locators. 3. The date of location and such description of the location of said claim with reference to some natural object or permanent monument as will identify the claim. 4. If a lode claim, the number of lineal feet claimed in length along the course of the vein each way from the point of discovery, with the width on each side of the center of the vein, and the general course of the lode or vein, as near as may be. 5. If a placer or mill-site claim, the number of acres or superficial feet claimed. 6. The dimensions and location of the discovery shaft, or its equivalent, sunk upon lode or placer claims. 7. The location and description of each corner, with the markings thereon. Such declaratory statement must be verified by the oath of the locator, or one of the locators, and in case of a corporation by an officer thereof, duly authorized to act.

SEC. 3613. Prior Records.-All placer mining locations or locations of valuable mineral deposits, which have heretofore been recorded in the office of the county clerk or recorder, have the same force and effect as though such records had been authorized by law, except in cases where the rights of third persons had been acquired before the passage of this Code ; and such record is entitled to be admitted in evidence in any court.

SEC. 3614. Affidavit-Annual Assessment-County Clerk.The owner of a lode or placer claim who performs or causes to be performed t e annual work or makes the improvements required by the laws of the United States in order to prevent the forfeiture of the claim, may, within twenty days after the annual work, file in the office of the county clerk of the county in which such claim is situated an affidavit of his own, or an affidavit of the person who perforins such work or made the iinprovements, showing : 1. The name of the mining claim and where situated. 2. The number of days' work done, and the character and value of the improvements placed thereon. 3. The date of performing such work, and of making the improvements. 4. At whose in: stance the work was done or the improvements made. 5. The actual amount paid for work and improvements, by whom paid when the same was not done by the owner. Such affidavits, or a certified copy thereof, are prima facie evidence of the facts therein stated.

Sec. 3615. Relocation of Abandoned Mines.—The relocation of an abandoned lode or placer claim must be made by sinking a new discovery shaft, and fixing new boundaries in the same manner as if it were an original location made under this Chapter ; or the relocator may sink the original discovery shaft ten feet deeper, in which case the declaratory statement must give the depth and dimension of the original discovery shaft at the date of such relocation. In any case, whether the whole or part of an abandoned claim is taken, the declaratory statement may state that the whole or any part of the new location is located as abandoned property. If it is not known to the locator that his location is on an abandoned claim, then the provisions of this section do not apply.

Sec. 3616. Declaratory Statement-Official Survey.-Where a locator or owner of a mining claim has the boundaries and corners of his claim established by a United States deputy mineral surveyor, and his claim connected with a corner of the public or minor surveys or an established initial point, and incorporates into the declaratory statement the field-notes of such survey, and attaches to and files with such declaratory statement a certificate by the surveyor setting forth : 1. That said survey was actually made by him, giving the date thereof. 2. The name of the claim surveyed and the locators thereof. 3. That the description incorporated in the declaratory statement is sufficient to identify the claim. Such survey and certificate become a part of the declaratory statement, and such declaratory statement is prima facie evidence of the facts therein contained.

Political Code, 1895, p. 304.

SECTION 3630. Miners' Right of Way.—The owner of a mining claim held under the laws of the United States by patent or otherwise, or under the local laws and customs of the State, has a right of way over and across the land or mining claim, patented or otherwise, of another, as prescribed in this chapter.

SEC. 3631. Road-Ditch-Cut-Flume-Shaft-Tunnel. Whenever a mine or mining claim is so situated that it cannot be conveniently worked without a road thereto, or a ditch to convey wa er thereto, or a ditch or a cut to convey the water therefrom, or without a flume to carry water and tailings therefrom, or without a shaft or tunnel thereto, which road, ditch, cut, flume, shaft, or tunnel must necessarily pass over, under, through, or across any lands or mining claims owned or occupied by another, such owner is entitled to a right of way for said road, ditch, cut, flume, shaft or tunnel over, under, through and across the lands or mining claims belonging to another, upon compliance with the provisions of this Chapter.

For proceedings in court to secure right of way, see sections 3632 to 3641, Political Code, 1895. p. 307.

Sec. 494. Statute of Limitations.- No action for the recovery of mining claims (lode claims excepted), or for the recovery of possession thereof, shall be maintained, unless it appears that the plaintiff or his assigns was seized or possessed of such mining claims within one year before the commencement of such action. [Code of Civil Procedure, 1895, p. 785.]

SEC. 1321. Customs as Proof.—In actions respecting mining claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim, and such customs, usages, or regulations, when not in conflict with the laws of this State or the United States, must govern the decision of the action.

Sec. 1322. Patent Application-Possession.-In an action brought to determine the respective rights of claimants to the possession of a mining claim or quartz lode, under the provisions of the Acts of Congress of the United States, it is immaterial which party is in possession, and it is sufficient to confer jurisdiction upon the court if it appears from the pleadings that the application for a patent has been made, and an adverse claim thereto filed and allowed in the proper land office; and the verdict or decision must find which party is entitled to the possession of the premises in dispute,

Code of Civil Procedure, 1895, p. 853.

See Code of 1895, Index, p. 2068, for references to “mines,” and “mines and mining,” and “mining claims."

For statutes relating to Easements, see Civil Code, 1895, Sections 1250 to 1260, pp. 594 and 595.

Standard of Measurement for Water. SEC. 1. Water Measure.—Hereafter a cubic foot of water (7.48 gallons) per second of time shall be the legal standard for the measurement of water in this State.

Sec. 2. Water Rights.—Where water rights expressed in miners' inches shall be considered equivalent to a flow of two and one-half cubic feet (18.7 gallons) per second ; two hundred miners' inches shall be considered equivalent to a flow of five cubic feet (37-4 gallons) per second, and this proportion shall be observed in determining the equivalent flow represented by any number of miners' inches.

SEC. 3. Prior Decree.—Provided, that the provisions of this bill shall not affect or change the measurement of water heretofore decreed by a court, but such decreed waters shall be measured according to the law in force at the time such decree was made and entered.

SEC. 4. Repeal.-Section 1893, Title VIII, Part IV, Division II, of the Civil Code of the State of Montana and any laws in conflict with this Act, are hereby repealed.

Approved March 3, 1899. Session Laws, 1899, p. 117.

NEVADA.

State General Laws. SECTION 1. Lode Claims—How Located.-Any person, a citizen of the United States, or one who has declared his intention to become such, who discovers a vein or lode may locate a claim upon such vein or lode by defining the boundaries of the claim in the manner hereinafter described, and by posting a notice of such location at the point of discovery, which notice must contain:

First—The name of the lode or claim.
Second-The name of the locator or locators.
Third—The date of the location.

Fourth—The number of linear feet claimed in length along the course of the vein, each way from the point of discovery, with the width on each side of the center of the vein, and the general course of the vein or lode as near as may be.

SEC. 2. Locations—How Evidenced.-Before the expiration of one hundred and twenty days from the posting of the notice of location, the locator shall sink a discovery shaft upon the claim to a 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 by such work a lode or deposit of mineral in place. A cut or crosscut, or tunnel, which cuts the lode at a depth of ten feet or more, or an open cut of at least ten feet in length along the lode from the point where the lode may be in any manner discovered, shall be equivalent to a discovery shaft. At the location point, and at each corner and angle of the claim, he shall distinctly mark a tree or rock in place, or shall set a stone, which shall be at least six inches wide and eighteen inches long, firmly in a mound or in the earth, so that at least six inches in height of said stone shall be plainly visible from all sides, or shall substantially build a monument which shall rise at least three feet above the surface, or shall erect a post at least four inches square or four inches in diameter, which must be firmly set in the ground or in a mound of earth or rock, and must rise at least three feet above the surface. The tree, rock, stone, post or monument at each corner shall be so marked by letters, figures or otherwise, as to indicate its purpose. The posting of location notice and descriptive memoranda of corners (if that method of marking be used) shall be by conspicuously displaying the same, where practicable, and in other cases by such posting as is in accord with the usage and custom of miners. Where it is impracticable or dangerous to life or limb to mark a tree or rock, or set a stone, or erect a post or monument precisely upon a corner or angle, then the marking of that corner or angle by means of tree, or rock, or stone, or post, or monument, may be done at the nearest practicable point, in such manner as to indicate the right place.