1

tain the name or names of the locators, the date of location, number of inches of water claimed or appropriated, and the purpose of the appropriation ; and in no case shall the number of inches of water exceed the conveying capacity of the first twenty feet of the flume or ditch, nor shall said ditch or flume be enlarged to the prejudice or injury of a subsequent appropriator before such enlargement. [C. L. 2037.]

SEC. 2696. When Abandoned.-On failure to commence the
construction of such ditch or flume for sixty days after location,
and prosecute such ditch, canal or flume to a final completion
without unnecessary delay, such appropriation shall be deemed
abandoned. [C. L. 2038.)
Extracts from Political Code, 1899.

H. B. No. 40.
Relating to Mining Claims.

AN ACT
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UTAH.

Mining Claims. SECTION 1495. Area of Mining Claim-End Lines Parallel. -A mining claim, whether located by one or more persons, may equal, but shall not exceed, fifteen hundred feet in length along the vein or lode ; but no location of a mining claim shall be made until the discovery of the vein or lode, within the limits of the claim located. Any lode mining claim may extend three hundred feet on each side of the middle of the vein at the surface, except where adverse rights render a lesser width necessary. The end lines of each claim must be parallel.

SEC. 1496. Discovery Monument-Posting Notice of Location-Contents.--The locator, at the time of making the discovery of such vein or lode, must erect a monument at the place of discovery, and must post thereon his notice of location, which notice shall contain :

ist, the name of the lode or claim; 2d, the name of the locator or locators; 3d, the date of the location; 4th, if a lode claim, 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, and such a description of the claim, located by reference to some natural object or permanent monument, as will identify the claim; 5th, if a placer or mill-site claim, the number of acres or superficial feet claimed, and such a description of the claim or mill site located by reference to some natural object or permanent monument as will identify the claim or mill site.

SEC. 1497. Boundaries Must be Marked within Thirty Days-Monuments.—Within thirty days from the date of discovery or establishment, the locator must mark the boundaries of his lode or placers, or mill-site claims by establishing on 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. When from any cause a monument cannot be safely planted at the true corner or angle it must be placed as near thereto as practicable and so marked as to indicate the place of such corner or angle. Monuments may be made of any such material and in such form as will readily give notice; and when of posts or trees they must be hewn and marked upon the side facing toward the discovery, and must be at least four inches in diameter. Monuments must be at least four feet high above the ground, and trees must be so hewn as to readily attract attention. Monuments and stakes must be kept in such state of preservation as to notify persons of the boundaries of the mining claim.

SOUTH DAKOTA.

Location and Size of Mining Claim. SECTION 2656. Length of Claim.-The length of any lode claim hereafter located within this State may equal_but shall not exceed fifteen hundred feet along the vein or lode. [C. L., 1997 ]

SEC. 2657. Width of Claim.—The width of lode claims shall be one hundred and fifty feet on each side of the center of the vein or crevice; Provided, That any county may at any general election determine upon a less 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; Provided, That not less than twenty-five feet on each side of the vein or lode shall be prohibited. (C. L., 1998.]

SEC. 2658.—Record.—The discoverer of a lode shall within sixty days from the date of discovery record his claim in the office of the register of deeds of the county in which such lode is situated, by a location certificate, which shall contain: ist, the name of the lode; 2d, the name of the locator, or locators; 3d, the date of location ; 4th, the number of feet in length claimed on each side of the discovery shaft; 5th, the number of feet in width claimed on each side of the vein or lode ; 6th, the general course of the lode as near as may be. [C. L., 1999. ]

SEC. 2659. Certificate, When Void.-Any location certificate of a lode claim which shall not contain the name of the lode, the name of the locator, the date of location, the number of lineal feet drained on each side of the discovery shaft, the number of feet in width claimed, the general course of the lode, and such description as shall identify the claim with reasonable certainty, shall be void. [C. L. 2000.]

Sec. 2660. Manner of Locating.-Before filing suca location certificate the discoverer shall locate his claim by first sinking a discovery shaft thereon sufficient to show a well-defined mineral vein or lode; 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 or locators and the date of discovery, the number of feet claimed in length on either side of the discovery, and the number of feet in width claimed on each side of the lode ; third, by marking the surface boundaries of the claim. [C. L. 2001.]

SEC. 2661. Marking Surface Boundaries.Such surface boundaries shall be marked by eight substantial posts, hewed or blazed on the side or sides facing the claim and plainly marked with the name of the lode and the corner, end or side of the claim

that they respectively represent, and sunk in the ground, to wit: one at each corner and one at the center of each side line, and one at each end of the lode. When it is impracticable on account of rock or precipitous ground to sink such posts, they may be placed in a monument of stone. [C. L. 2002.]

SEC. 2662. Requisites of a Location.-Any open cut, crosscut or tunnel at a depth sufficient to disclose the mineral vein or lode, 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. [C. L. 2003.]

Sec. 2663. Time for Performing Labor.The discoverer shall have sixty days from the time of uncovering or disclosing a lode to sink a discovery shaft thereon. [C. L. 2004.]

Sec. 2664. Certificate Construed. - The location or location certificate of any lode claim shall be so 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 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. [C. L. 2005.]|

SEC. 2665. Claim not to Extend Beyond Boundary Line.If the top or apex of the lode in its 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. [C. L. 2006.]

SEC. 2666. Security from Miner.-When the right to mine is in any case separate from the ownership or right of occupancy to the surface, the owner or rightful occupant of the surface may demand satisfactory security from the miner, and if it be refused may enjoin such miner from working until such security is given. Tle order for injunction shall fix the amount of bond. [C. L. 2007.]

SEC. 2667. Amended Certificate Filed. 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 his surface boundaries, or of taking in 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 provisions of this act: Provided, That such relocation does not interfere with the existing rights of others at the time of such relocation; and no such relocation or the record thereof shall preclude the claim