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and after the...day of......, one thousand eight hundred and......, the following described land situated in the county of ........., in the State of Washington, viz. :

which premises are leased to the part... of the second part for the purposes of exploring for, mining, taking out and removing therefrom, the merchantable shipping ore, containing ore, lead, silver, gold and other minerals, which is or which hereafter may be found on, in or under said land, together with the right to construct all buildings, make all excavations, openings, ditches, drains, railroads, wagon roads, smelters and other improvements upon said premises, which are or may become necessary or suitable for the mining or removal of ore containing copper, lead, silver, gold or other minerals from said premises, with the right, during the existence of this lease, to cut and use the timber found upon said premises for fuel, and so far also as may be necessary for the construction of buildings required in the operation of any mine or mines, on the premises hereby leased, as also the timber necessary for drains, tramways and supports for such mive or mines; Provided, however, That the part...of the second part shall have the right at any time to terminate this agreement in so far as it requires the part...of the second part to mine ore on said lands or to pay a royalty therefor, by giving written notice to the party of the first (part), which shall be served by leaving the same with the Commissioner of Public Lands, who shall officially, in writing, acknowledge the receipt of said notice, and the foregoing lease shall terminate sixty days thereafter, and all arrearages and sums which may be due under the same up to the time of its termination as set forth in said notice, sball be paid upon settlement and adjustment thereof. The party of the first part further agrees that the part... of the second part shall have the right under this agreement to contract with others to work such mine or mines, or any part thereof, or to sub contract the same, and the use of the said land or any part thereof, for the purpose of mining for ore, with the same rights and privileges as are herein granted to the said part... of the second part."

Approved March 18, 1899. Session Laws 1899, p. 337.

WYOMING.

General State Law. SECTION 2533. Organization of Mining District.-In any mining district, or in mining field of discovery of veins, leads, lodes or ledges, or of gold placers, petroleum fields, soluble salt deposits, or of any mineral lands whatever, or of any lands that are or may be hereafter opened to location under the laws governing mineral deposits, the miners may meet and organize and elect a recorder and make regulations not in conflict with the laws of the United States, or with the laws of this Territory governing the location, manner of recording, and amount of annual work necessary to hold possession of a mining claim within the district, subject to the following requirements:

First. That any five miners, having locations, or owning in part or in whole, claims within the proposed district, shall give notice by at least three written or printed, or partially written and partially printed notices, posted in prominent places within the proposed district, of a meeting called by them for organizing such district, at a date at least ten days subsequent to the posting of such notices.

Second. That the meeting thus called shall be attended by at. least ten persons, all having locations or owning, in part or in whole, claims within the proposed district.

Third. That the recorder elected for such an organized district, shall hold his office until his successor is elected and qualified according to law. Such recorder is required to give bonds with at least two sureties, to the people of Wyoming, in the penal sum of not less than one thousand dollars, for the faithful performance of his duties, and for the turning over of all books, papers, records, etc., of his office to his duly elected and qualified successor, which bond shall be approved by the probate judge, and filed in the office of the county clerk and recorder. The recorder of such a mining district may appoint a deputy, for whose official acts he shall be responsible.

Fourth. That no district need be organized if the majority at the meeting as herein before provided so desire ; but when a district is once organized, it cannot be subdivided except in accordance with the local laws of the district, enacted at the regular or special meetings, or by action of the Legislature of this Territory. In case of the abandonment of any district for any cause whatever, it. shall be the duty of the district recorder, as soon as practicable thereafter, to deposit all records and other papers pertaining to his office in the office of the recorder and register of deeds of the county in which said district is located.

Fifth. Each mining district may regulate the fees to be charged by the local recorder for recording location certificates, affidavits of labor, and all other instruments to be filed in the said recorder's office.

SEC. 2534. Copy of Laws and Proceedings to be Filed.A copy of all the laws and proceedings of each mining district shall be filed in the office of the recorder of deeds of the county in which the district is situated, which shall be taken as evidence in any court having jurisdiction in the matter concerned under such laws or proceedings; and all such laws or proceedings of any mining district heretofore filed in the recorder's office of the proper county, and transcripts thereof duly certified, shall have the like effect in evidence. Such copies of laws and proceedings shall be filed in the office of the said recorder of deeds by the recorder of each mining district within sixty days after the organization of each new mining district, or within sixty days after new laws were adopted or proceedings had.

SEC. 2535. Use of Water.-Whenever any person, persons, or corporation shall be engaged in mining or milling in this State and in the prosecution of such business shall hoist or bring water from mines or natural water courses, such person, persons or corporation shall have the right to use such water in such manner, and direct it into such natural course or gulch as their busines interests may require : Provided, That such diversion shall not infringe on vested rights. The provisions of this section shall not be construed to apply to new or undeveloped mines, but to those only which shall have been open and require drainage or other direction of water.

Sec. 2536. Right of Way:-All mining claims or property now located, or which may hereafter be located within this Territory. shall be subject to the right of way of any ditch or flume for mining purposes, or of any tramway, pack-trail or wagon road, whether now in use or which may hereafter be laid out across any such location, claim or property : Provided always, That such right of way shall not be exercised against any mining location, claim or property duly made and recorded as herein required, and not abandoned prior to the establishment of any such ditch, flume, tramway, pack-trail or wagon road, without the consent of the owner or owners, except in condemnation, as in the case of land taken for public highways. Consent to the location of the easements above enumerated over any mineral claim, location or property, shall be in writing: and provided further, that any su' h ditch or flume shall be so constructed that water therefrom shall not injure vested rights by flooding or otherwise.

Sec. 2537. Protection of Surface Proprietors.—Where a mining right exists in any case and is separate from the ownership and right of occupancy to the surface, such owner or rightful occupant of the said surface may demand satisfactory security from the miner or miners, and if such security is refused, such owner

or occupant of the surface may enjoin the miner or miners from working such mine until such security is given. The order of such injunction shall fix the amount of the bond therefor.

Sec. 2538. Relocation.-Whenever it shall be apprehended by the locator or his assignees, of any mining claims or property heretofore or hereafter located, that his or their original location certificate was defective, erroneous, or that the requirements of the law had not been complied with before the filing thereof, or shall be desirous of changing the surface boundaries of his or her original claim or location, or of taking away part of an overlapping claim or location which has been abandoned, or in case the original certificate was made prior to the approval of this act, and he or they shall be desirous of securing the benefit of this law, such locator or locators, or his or their assigns, may file an additional location certifictate in compliance with and subject to this act: Provided, however, That such relocation shall not infringe upon the rights of others existing at the time of such relocation, and that no such relocation or other record thereof shall preclude the claimant or claimants from proving any such title or titles as he or they may have held under any previous location.

Sec. 2539. Location Certificate.- No location certificate shall contain more than one claim or location, whether the location be made by one or more locators, and any location certificate that contains upon its face more than one location claim shall be absolutely void, except as to the first location named and described therein, and in case more than one claim or location is described together, so that the first one cannot be distinguished from the others, the certificate of location shall be void as an entirety.

SEC. 2540. Stealing Mining Clams-Penalty-Evidence.In all cases where two or more persons shall, through collusion or otherwise, associate themselves together for the purpose of obtaining possession of any lode, gulch, or placer or other mineral claim or mining property within this Territory, then in the actual possession of another or others, by force or violence, or threats of violence, or by stealth, and shall proceed to carry out such purpose by making threats to and against the party or parties in possession, or who shall enter upon such lode, gulch, placer or other mineral claim or mining property for the purposes aforesaid, or who shall enter into any mineral claim or mining property; or, not being on such mining claim or mineral property, but within hearing of the same, shall make any threats or any use of any language signs, gestures, intended to intimidate any person or persons in possession or at work on the said claim or claims of mineral property of whatever kind or nature, from continuing such possession or work thereon or therein, or to intimidate others from engaging to be employed thereon or therein, every such person or persons so engaging shall be guilty of a misdeineanor, and, upon conviction thereof, shall be fined a penal sum not exceeding $250, and be imprisoned in the county jail for not less than thirty days

nor more than six months, or by both such fine and imprisonment. On trial of any person or persons charged with any of the offenses enumerated in this section, the proof of a common purpose of two or more persons to unlawfully secure possession of any mining claim or mineral property within the Territory, or to intimidate any one in the possession of or laborers at work on any mining claim or mineral property aforesaid, accompanied or followed by any acts or utterances of such person or persons herein enumerated, shall be sufficient evidence to convict any one committing such acts, although such parties may not be associating or acting together at the time of the commission of such offenses.

Sec. 2541. Destroying Mining Property-Penalty.-Any person or persons who shall unlawfully cut down, break down, level, demolish, destroy, injure, remove or carry away any sign, notice, post, mark, monument or ferice upon or around any shaft, pit, hole, incline or tunnel, or any building, structure, machinery, implements or other property, on any mining claim or mineral property, ground or premises, shall be guilty of a misdemeanor; and, upon conviction thereof, shall be fined a penal sum of money no less than fifty dollars nor more than one thousand dollars, or be imprisoned for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court.

SEC. 2542. Mining Swindles.-Any person or persons who shall defraud, cheat, swindle or deceive any party or parties, in relation to any mine or mining properties by "salting,” or by placing or causing to be placed in any lode, placer or other mine, any genuine metals, or material representing genuine mineral, which are designed to cheat and deceive others, for the purpose of gain, whereby others shall be deceived and injured by such, shall be guilty of a felony, and, upon conviction thereof, shall be fined in a penal sum of not less than fifty dollars and not more than five thousand dollars, or imprisonment in a penitentiary for pot less than thirty days or more than three years, or both fine and imprisonment, in the discretion of the court.

Sec. 2543.—Live Stock.-Every person or persons, company or corporation, who have already sunk mining shafts, pits, holes, inclines, upon any mining claim or on any mineral property, ground or premises, or who may hereafter sink such opening aforesaid, shall forthwith secure such shafts and openings against the injury or destruction of live stock running at large upon the public domain, by securely covering such shafts and other openings, as aforesaid, in a manner to render them safe against the possibility of live stock falling into them, or in any manner becoming injured or destroyed thereby ; or by forthwith making a strong, secure and ample fence around such shafts and other openings aforesaid. Any person, persons, corporation or company that shall fail or refuse to fully comply with the provisions of this section shall be guilty of a misdemeanor, and on convic

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