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then this obligation shall be null and void ; otherwise, to be and remain in full force and effect. [SEAL.]

John W. NEWTON. State of Colorado, Lake County, ss.

Be it known, That on this 20th day of July, 1880, before me, personally came John W. Newton, to me known as the person described in, and who executed the foregoing instrument in writing, and acknowledged the execution thereof to be his free act and deed, for the uses and purposes therein mentioned. Witness my hand and official seal. [SEAL)

ALEX. G. WATSON, Notary Public. FORM 28.

Escrow Agreement. The inclosed deed of the lode is hereby placed in tbe Bank of in escrow.

If A. B. shall place, or cause to be placed to the credit of C. D. and E. F., in said bank of

on or before 188–, the full sum of dollars, then and in that case the said bank is hereby authorized to deliver the inclosed deed to A. B., or bis order. In case the said A. B. shall not place, or cause to be placed, to the credit of said C. D. and E. F., in said bank, the full sum of - dollars, on or before 188-, then the said bank is hereby authorized to deliver the inclosed deed to the said C. D. and E. F., or their joint order. (Signed)

C. D.
E. F.

A. B. 188–, (Place and date). NOTE.- When the option for the purchase of a mine is desired by a third party, it is the safest and best play for the mine owner to put a deed in escrow. It saves incumbering of the record, and any questions that might arise concerning the payment of money. The deed should be a warranty, quit-claim, or mining deed, as agreed, fully executed and acknowledged, ready for delivery, put in a sealed

envelope, and placed in some bank, or left with some responsible person, with an agreement written upon the envelope, as above.

FORM 29.

Mining Lease.* THIS INDENTURE, made this

day of in the year of our Lord one thousand eight hundred and eighty — between lessor and

lessee or tenant; Witnesseth, That the said lessor for and in consideration of the rents, royalties, covenants and agreements hereinafter reserved, and by the said lessee to be paid, kept and performed, granted, demised and let, and by these presents do grant, demise and let unto the said lessee, all the following described mine and mining property. situated in mining district, county of wit: (Here description of property.) Together with the appurtenances

to have and to hold unto the said lessee or tenant for the term of from the date hereof, expiring at noon on the

day of A. D. 188–, unless sooner forfeited or determined through the violation of any covenant hereinafter against the said tenant reserved.

And in consideration of the said demise, the said lessee does covenant and agree with said lessor as follows, to wit :

To enter upon said mine or premises and work the same mine fashion, in manner necessary to good and economical mining, so as to take out the greatest amount of ore possible, with due regard to the safety, development and preservation of the said premises as a workable mine.

(Here insert special covenants for dead work, etc.) NOTE:—The covenants of a mining lease are peculiar, and cannot be too particularly stated in the instrument. If for more than one year, it should be in writing, and recorded.

Instead of a lease a license may be granted. The distinctions between a lease and a license are technical, but important.

A license, usually, is not exclusive, and invests no property in the mineral until severed. Work done for lessees cannot subject the ground to a miner's lien.

* From Morrison's Mining Rights in Colorado.

of “

to

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To work and mine said premises as aforesaid steadily and continuously from the date of this lease : and that any failure to work said premises with at least persons employed underground for the space of secutive days may be considered a violation of this covenant.

To well and sufficiently timber said mine at all points where proper, in accordance with good mining; and to repair all old timbering wherever it may become necessary.

To allow said lessor and agents to enter upon and into all parts of said mine for the purpose of inspection, with use of all passages, ropes, windlass, ladder-ways, and all other means of ingress and egress for such purpose.

To not assign this lease, or any interest thereunder, and to not sublet the said premises or any part thereof, without the written assent of said lessor, and to not allow any person or persons except the said lessee and workmen to take or hold possession of said premises or any part thereof under any pretense whatever.

To occupy, and hold all cross or parallel lodes, dips, spurs, feeders, crevices or mineral deposits of any kind, which may be discovered in working under this lease, or in any tunnel run to intersect said lode, or by the said lessee or any person or persons under in any manner at any point within

'feet of the centre line of said lode, as the property of said lessor ; with privilege to said lessee of working the same as an appurtenance of said demised premises, during the term of this lease; and to not locate or record the same, or allow the same to be located or recorded, except in the name of said lessor.

To keep at all times the drifts, shafts, tunnels, and other passages and workings of said demised premises thoroughly drained and clear of loose rock and rubbish of all kinds.

To pay and deliver to said lessor as royalty, of all ore to be extracted from said premises during said term, of like assay to that retained by said lessee, delivered at as soon as mined, without offset, deduction, or charge whatever, except lessor's proportion for packing.

To deliver up to said lessor the said premises, with the appurtenances and all improvements in good order and condition, with all shafts and tunnels and other passages thoroughly clear of rubbish and drained, and the mine in all points ready for immediate continued working ( accidents not arising from negligence alone excusing), without demand or further notice,

A. D. 188-, at noon or at any time previous, upon demand for forfeiture.

And finally, upon the violation by said lessee, or any person under of any covenant or covenants herein before reserved, the term of this lease shall, at the option of said lessor, expire, and the same and said premises with the appurtenances shall become forfeit to said lessor: and said lessor or agent may thereupon, after demand of possession in writing, enter upon said premises and dispossess all persons occupying the same, with or without force, and with or without process of law; or at the option of said lessor, the said tenant and all persons found in occupation may be proceeded against as trespassers from the beginning of said term both as to realty and the ore served therefrom ; or as guilty of unlawful detainer.

Each and every clause and covenant of this indenture shall extend to the heirs, executors, and administrators of all parties hereto; and to the assigns of said lessor : and as said lessor may elect, to the assigns of said lessee.

In witness whereof, The said parties, lessor and lessee, have hereunto set their hands and seals.

[SEAL) [SEAL.]

on said

day of

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STATE AND TERRITORIAL MINING LAWS.

ARIZONA.

An Act Concerning Mines. SECTION 1.-Contents of Location Notice.-Every notice of location of a lode mining claim shall contain: First, the name of the claim located ; second, the name of the locator ; third, the date of the location; fourth, the number of feet in length of the said claim, and the number of feet claimed on each side of the center of the discovery shaft, lengthwise of the claim ; fifth, the general course of the lode, deposit or premises located ; sixth, the locality of the claim with reference to some natural object, or permanent monument, that will identify the claim; and shall be filed with the County Recorder for record within nipety (90) days after same shall have been located. All lode mine locations hereafter located, the certificate of location of which shall not contain : First, the name of the lode, or premises ; second, the name of the locator or locators; third, the date of the location ; fourth, the number of feet in length of said claim and the number of feet claimed on each side of the center of the discovery shaft, lengthwise of the claim ; fifth, the general course of the lode or premises, as near as may be ; sixth, the general locality of the claim with reference to some natural object or permanent monument, that will identify the claim, shall be void. Before filing such location certificate with the County Recorder of the proper county, the discoverer shall locate his lode claim by: First, sinking a discovery shaft upon the premises so claimed, to a depth of at least ten feet from the lowest part of the rim of said shaft at the surface, and deeper if necessary, until there is shown by such work a lode deposit of mineral in place; second, by posting at the point of discovery on the surface a plain sign or notice substantially conforming to the location certificate ; third, by marking such claim or premises on the ground so that its boundaries can be readily traced. Such surface boundaries shall be marked by eight substantial posts projecting at least three feet above the surface of the ground, or by substantial stone monuments at least three feet high, to wit: One at each corner of the said claim, and one at the center of each end and side line thereof. Any open cut, adit or tunnel which shall be made as above provided for, as a part of the location of a lode mining claim, and which shall be equal in amount of work to a shaft ten feet deep and four feet wide by six feet long, and which shall cut a lode or mineral in place at a depth of ten feet from the surface, shall be equivalent, as a discovery work, to a shaft sunk from the surface. The discoverer shall have ninety days from the date of discovering the lode and the posting of the notice thereon

to perform said discovery work thereon. If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall learn that his original certificate was defective, or that the requirements of the law had not been complied with before filing, or shall be desirous of changing his surface boundaries or of taking in any additional ground which is subject to location, or in case the original certificate was made prior to the passage of this law, and he shall be desirous of securing the benefits of this Act, such locator, or his assigns, may file an amended certificate of location subject to the provisions of this Act regarding the making of new locations. The amount of assessment, or representation work, or improvements, to be done or made during the year, after the completion of the location as heretofore provided, and the time for the doing the same shall be as provided by the laws of the United States. Within three months after the expiration of the period of the time fixed for the performance of annual labor or the making of improvements upon any lode mining claim or premises, the person on whose behalf such work or improvement was made, or some person for him, knowing the facts, may make and record in the office of the County Recorder of the county wherein such claim is situated an affidavit in substance as follows:

TERRITORY OF_ARIZONA,

}

SS :

-, in

day of

being duly sworn, deposes and says that he is a citizen of the United States and more than twenty-one years of age, and resides at

County, Arizona Territory, and is personally acquainted with the lode mining claim and premises known as Mining Claim or Lode, situated in

Mining District, Arizona Territory, the notice of which premises is recorded in the office of the County Recorder of said county, in book

of records of mines, at page that between the

A. D. and the day of — A. D., at least dollars' worth of work and improvements were done and performed upon said premises or lode, not including the location work of said claim. Such work and improvements were made by and at the expense of of said premises, for the purpose of complying with the law of the United States pertaining to assessments or annual work, and (here name the miners or men who worked upon the claim in doing the work) were the men employed by said owner and who labored upon said premises and who did such work and improvements, and said work so done upon said premises is described as follows, to wit : (Here describe the work done.)

(Signature.) Subscribed and sworn to before me this

day of

A. D.

Owners

My commission as Notary Public expires on the

day of A. D. [NOTARIAL SEAL.]

, Notary Public.

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