IDAHO. Miners' Lien. SECTION 12. Quartz Mine or Material.-Every sub-contractor, journeyman, laborer, or other person, performing labor or furnishing materials for any contractor, in or upon any quartz claim, ledge, or mine, in working in the same or in the improvement or development thereof in the completion or performance of any contract entered into by any person in this Territory, every such person or persons so performing such labor or furnishing such material shall have a lien upon all the interest in such quartz claim, ledge, or mine, of the person or persons employing him or them, or purchasing such materials with theimprovements thereon and appurtenances thereto belonging, and also upon all the interest of the person or persons for whom such person or persons acts as agent, or the owner or owners, for the value of such work, or labor or materials furnished, and all the provisions of this act shall apply in respect to recording, recovering, and enforcing such liens provided for in this section : Provided, the person or persons claiming such lien shall within thirty days after the performance of such labor or furnishing such materials, give notice in writing to any person or persons, agent or agents, owner or owners, and shall within forty days file their lien in other respects as provided by this act. SEC. 13. Quartz Mine or Ore.-When any person or persons shall do or perform any work or labor in or upon or for any quartz claim, mine, or ledge, in working the same or in the improvement or development thereof; or in the preparation of the res thereof for reduction; or in the hauling of the ores thereof; or shall perform labor or service as superintendent, manager or foreman of any mine or ledge, or shall perform labor as a mechanic or artisan therefor; such person or persons shall have a lien upon all the interest in such quartz claim, ledge or mine of the person or persons employing him or them, or purchasing such materials, together with the improvements thereon and appurtenances for the value of such work, labor, or services, or materials furnished, and all the provisions of this act respecting the filing, recording and recovering and enforcing mechanics' liens are made applicable to this section : Provided, the person or persons claiming such liens shall, within sixty days after the completion of such work or labor, or rendering said services or furnishing said materials, file their lien in other respects as provided by this Act. SEC. 14. What is Included.—This Act shall be so construed as to include in its provisions bridges, ditches, flumnes, aqueducts to create hydraulic power for mining purposes, and all improvements on mining claims. Extract from an Act approved Jan. II, 1875. Session Laws of 1874-5, p. 615. See Act approved February 27, 1893. Session Laws of 1893, p. 49. General Law of February 14, 1899. SECTION. 1. Width of Lode Claims.—That Section 3100 of the Revised Statutes of Idaho be amended to read as follows: Section 3100. Mining claims hereafter located upon veins or lodes of quartz, or other rock in place bearing any of the metals or other valuable deposits mentioned in section 2320 of the Revised Statutes of the United States, may extend to three hundred feet on each side of the middle of the vein or lode : Provided, That when the locators have set stakes, posts or monuments described in section 2 hereof, to indicate the line of the vein, ledge or lode, such stakes, posts or monuments must be taken for the purpose of such location, to mark correctly the line thereof, and such line must not afterwards be changed so as to affect rights acquired or interfere with any locations made subsequent thereto. SEC. 2. Section 3101 of the Revised Statutes of Idaho be amended to read as follows: Section 3101. Monument and Location Notice.—The locator, at the time of making the discovery of such vein or lode. must erect a monument at such place of discovery, upon which he must place his name, the name of the claim, the date of discovery and distance claimed along the vein each way from such monument. Within ten days from the date of discovery, he must mark the boundaries of his claim by establishing at each corner thereof and at any angle in the side lines, a monument, marked with the name of the claim and the corner or angle it represents ; also at the time of so marking his boundaries, he must post at his discovery monument his notice of location in which must be stated : First, the name of the locator ; second, the name of the claim ; third, the date of discovery ; fourth, the direction and distance claimed along the ledge from the discovery; fifth, the distance claimed on each side of the middle of the ledge; sixth, the distance and direction from the discovery monument to such natural object or permanent monument, if any such there be, as will fix and describe in the notice itself the location of the claim; and seventh, the name of the mining district, county and State. When, from any cause, a monument cannot be safely planted at the true corner or angle, it may be placed as near thereto as practicable, and so marked a; to indicate the place of such corner or angle. Monuments may be made of any such material or form as. will readily give notice, and when of posts or trees, they must be hewn and marked upon the side facing towards the discovery, and must be at least four inches square or in diameter. Monuments must be at least four feet high above the ground, and trees must be so hewn as to readily attract attention. At the time the locator so marks the boundaries of his claim, he may do so in any direction that will not interfere with rights or claims which existed prior to his discovery. SEC. 3. Assessment Work.–Within sixty days after such location, the locator or his assigns must sink a 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, and of not less than sixteen square feet area. Any excavation which shall cut such vein ten feet from the lowest part of the rim of such shaft and which shall measure one hundred and sixty cubic feet in extent shall be considered a compliance with this provision. Any located claim upon which work has been done in compliance with the above requirements is not, unless abandoned, subject to relocation for a period of ninety days from and after the date of location. Sec. 4. Recording Notice.-Within ninety days after the location of the claim the locator or his assigns must file for reco d in the office of the county recorder of the county or of the deputy recorder of the mining district in which the claim is situated a substantial copy of his notice of location. Sec. 5. Relocation. If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that his original certificate was defective, erroneous, or that the requirements of the law had not been complied with before filing, or shall be desirous of changing the surface boundaries, or of taking any part of an overlapping claim which has been abandoned, 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 additional certificate subject to the conditions of this Act and to contain all that this Act required an original certificate to contain: Provided, That such amended location does not interfere with the existing rights of others at the time when such amendment is made. Sec. 6. Labor Affidavit.—Within sixty days after any time set or period allowed for the performance of labor, or making improvements upon any lode, or placer claim, the person in whose behalf such work or improvement is performed, or some person for him, must make and record an affidavit in substance as follows: STATE OF IDAHO, County of Before me the subscriber, personally appeared who, being first duly sworn, says that at least dollars' worth of work or improvements were performed or made upon claim, situate in mining district, County of State of Idaho: that such expenditure was made by, for, or at the expense of owner of said claim, and all stakes, monuments or trees marking boundaries of said claim are in proper places and positions. Signature. Subscribed and sworn to before me this day of 189 The fee for administering the oath and recording the foregoing affidavit, when taken before the county recorder or deputy min ing recorder, shall be fifty cents; the fee for recording the same when the oath is taken before any other officer authorized to a lminister oaths shall be fifty cents. Such affidavit, or a certified copy thereof in case the original is lost, shall be prima facie evidence of the performance of such labor. The failure to file such affidavit shall be considered prima facie evidence that such labor has not been done. Sec. 7. Location of Abandoned Claims.—The location of abandoned claims shall be done in the same manner as if the location were of a new claim ; but the locator may, instead of sinking a new discovery shaft, sink the original discovery shaft ten feet deeper than it was at the time of his location, or he may drive the open cut, or tunnel, ten feet further along the course of the lead, lode or vein, and must erect new posts or monuments. Sec. 8. Void Location.—No location notice shall claim more than one location, whether the location is made by one or several locators, and if it purport to claim more than one location, it is absolutely void. Sec. 9. County Records-Deputy Recorder.—That section 3103 of the Revised Statutes of Idaho is hereby amended to read as follows: Section 3103. For the convenience of prospectors and locators, the county recorders of the several counties must appoint a de uty at any place where he may deem it necessary, and at all places more than twenty miles distant from an existing office whenever ten or more mining locators interested, petition for the appointment of a deputy. Upon failure of any recorder to appoint a deputy for ten days after the petition in writing has been presented to him, the resident miners in such district may appoint temporarily, one of their number to act as the recorder for the district, whose record shall be as valid as if made by the deputy, and must be entered by the recorder as hereinafter required : Provided, That whenever at any time afterwards, the recorder has appointed a deputy for such district or place, the authority of the person elected by the resident miners ceases. SEC. 10. Surface Ground.—When the right to mine is in any case separate from the ownership or right of occupancy of the surface ground, the owners or rightful occupants of the surface ground may demand satisfactory security from the miners, and if it be refused or not given, may enjoin such miners from working such ground until such security is given. The court granting the writ of injunction shall fix the amount and nature of the security. SEC. 11. Placer Locations.—Placer claims, as mentioned in section 2329 of the Revised Statutes of the United States, may be located for the purpose of mining deposits and precious stones after the discovery of such deposits. SEC. 12. Placer Records. -The locator of any placer mining claim located for the purpose of mining placer deposits or precious stones must, at the time of making the location, place a substan tial post or monument as is required in the location of quartz claims at each corner of the location and inust also post on one of the same a notice of location, containing the date of the location, the name of the locator, the name and dimensions of the claim, the mining district (if any) and county in which the same is situated ; and must also give the distance and direction from said post or monument to such natural object or permanent monument, if any such there be, as will fix and describe in the notice itself' the location of the claim. Within fifteen days after making the location, the locator must make an excavation upon the claim of not less than one hundred cubic feet, for the purpose of prospecting the same. Within thirty days after the location, the locator must file for record in the office of the county recorder of the county, or of the deputy recorder of the mining district in which the claim is situated, a substantial copy of his copy of notice of location, to which must be attached an affidavit such as is required in the case of quartz claims. Sec. 13. Locator's Affidavit.—That section 3104 of the Revised Statutes of Idaho be amended to read as follows: SECTION 3104. At or before the time of presenting a location notice for record, whether it be for a quartz or placer claim, one of the locators named in the same must make and subscribe an affidavit, in writing, on or attached to the notice, substantially in the following form, to wit: STATE OF IDAHO, County of do solewnly swear that I am a citizen of the United States of America (or have declared my intention to become such) and that I am acquainted with the mining ground described in this notice of location, and herewith called the ledge, lode or claim ; that the ground and claim therein described or any part thereof has not, to the best of my knowledge and belief, been located according to the laws of the United States and of this State, or if so located, that the same has been abandoned or forfeited by reason of the failure of such former locators to comply in respect thereto with the requirements of said laws, and in the case of quartz claims) that I have opened new ground to the extent or depth of ten feet as required by the laws of Idaho. Signature Signature SEC. 14. Record Book-Fee.—That Section 3105 of the Revised Statutes of Idaho is amended as to read as follows, to wit: Section 3105. The location notice herein required to be recorded must be recorded by the deputy appointed for the district, or the person appointed for that purpose as above provided (when the legal fee therefor is tendered) in a book to be kept for that purpose. Said book must be indexed, with the names of all the } ss SS. day of |