98. The testimony should also show the agricultural capacities of the land, what kind of crops are raised thereon, and the value thereof; the number of acres actually cultivated for crops of cereals or vegetables, and within which particular ten-acre subdivisions such crops are raised; also which of these subdivisions embrace his improvements, giving in detail the extent and value of his improvements, such as house, barn, vineyard, orchard, fencing, etc.

99 It is thought that bona fide settlers upon lands really agricultural will be able to show, by a clear, logical, and succinct chain of evidence that their claims are founded upon law and justice; while parties who have made little or no permanent agricultural improvements, and who only seek title for speculative purposes, on account of the mineral deposits known to themselves to be contained in the land, will be defeated in their intentions.

100. The testimony should be as full and complete as possible; and, in addition to the leading points indicated above, everything of importance bearing upon the question of the character of the land should be elicited at the hearing.

101. Where the testimony is taken before an officer who does not use a seal, otner than the register and receiver, the official character of such officer must be attested by a clerk of a court of record, and the testimony transmitted to the register and receiver, who will thereupon examine and forward the same to this office, with their joint opinion as to the character of the land as shown by the testimony.

102. When the case comes before this office, such an award of the land will be made as the law and the facts may justify; and in cases where a survey is necessary to set apart the mineral from the agricultural land in any fortyacre tract, the necessary instructions will be issued to enable the agricultural claimant, at his own expense, to have the work done, at his option, either by United States deputy, county, or other local surveyor; the survey in such case may be executed in such manner as will segregate the portion of land actually containg the mine, and used as surface-ground for the convenient working thereof, from the remainder of the tract, which remainder will be patented to the agriculturist to whom the same may have been awarded, subject, however, to the condition that the land may be entered upon by the proprietor of of any vein or lode for which a patent has been issued by the United States for the purpose of extracting and removing the ore from the same, where found to penetrate or intersect the land so patented as agricultural, as stipulated by the mining act.

103. Such survey when executed must be properly sworn to by the surveyor, either before a notary public, officer of a court record, or before the register or receiver, the deponent's character and credibility to be properly certified to by the officer administering the oath.

104. Upon the filing of the plat and field-notes of such survey, duly sworn to as aforesaid, you will transmit the same to the surveyor-general for his verification and approval; who, if he finds the work correctly performed, will properly mark out the same upon the original township plat in his office, and furnish authenticated copies of such plat and description both to th proper local land office and to this office, to be affixed to the duplicate and triplicate township plats respectively.

105. In a cases where a portion of a forty-acre tract is awarded to an agricultural claimant and he causes the segregation thereof for the mineral portion, as aforesaid, such agricultural portion will not give a numerical

designation as in the case of surveyed mineral claims; but will simply described as the Fractional quarter of the quarter of section in township meridian, containing same being exclusive of the land adjudged to be mineral in said forty-acre tract."

of range

acres, the

106. The surveyor must correctly compute the area of such agricultural portion, which computation will be verified by the surveyor-general.

107. After the authenticated plat and field-notes of the survey have been received from the surveyor-general, this office will issue the necessary order for the entry of the land, and in issuing the receiver's receipt and the register's patent certificate you will invariably be governed by the description of the land given in the order from this office.

108. The fees for taking testimony and reducing the same to writing in these cases will have to be defrayed by the parties in interest. Where such testimony is taken before any other officer than the register and receiver, the register and receiver will be entitled to no fees.

109. If upon a review of the testimony at this office, a ten-acre tract should be found to be properly mineral in character, that fact will be no bar to the execution of the settler's legal right to the remaining non-mineral portion of his claim, if contiguous.

110. No fear need be entertained that miners will be permitted to make entries of tracts ostensibly as mining-claims, which are not mineral, simply for the purpose of obtaining possession and defrauding the settlers out of their valuable agricultural improvements; it being almost an impossibility for such a fraud to be consummated under the laws and regulations applicable to obtaining patent for mining-claims.

111. The fact that a certain tract of land is decided upon testimony to be mineral in character is by no means equivalent to an award of the land to a miner. A miner is compelled by law to give sixty days' publication of notice, and posting of diagrams and notices, as a preliminary step; and then, before he can enter the land, he must show that the land yields mineral; that he is entitled to the possessory right thereto in virtue of compliance with local customs or rules of miners or by virtue of the statute of limitations; that he or his grantors have expended, in actual labor and improvements an amount of not less than five hundred dollars thereon, and that the claim is one in regard to which there is no controversy or opposing claim. After all these proofs are met, he is entitled to have a survey made at his own cost where a survey is required, after which he can enter and pay for the land embraced by his claim.

MINING LAWS OF COLORADO.

EXTENT OF LODE CLAIM.

SECTION 1. The length of any lode-claim hereafter located may equal but not exceed fifteen hundred feet along the vein.

SIZE OF CLAIM.

SEC. 2. The width of lode claims hereafter located in Gilpin, Clear Creek, Boulder and Summit counties, shall be seventy-five feet on each side of the center of the vein or crevice; and in all other counties the width of the same shall be one hundred and fifty feet on each side of the centre of the vein or crevice: Provided, That hereafter any county may, at any general election, determine on a greater width, not exceeding three hundred feet on each side of the centre 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.

MANNER OF LOCATING.

SEC. 3. The discoverer of a lode shall, within three months from the date of discovery, record his claim in the office of the recorder of the county in which such lode is situated by a location certificate, which shall contain: 1st, the name of the lode; 2d, the name of the locator; 3d, the date of location; 4th, the number of feet in length claimed on each side of the centre of the discovery shaft; 5th the general course of the lode as near as may be.

WHEN DECLARED VOID.

SEC. 4. 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 claimed on each side of the discovery shaft, the general course of the lode, and such description as shall identify the claim with reasonable certainty, shall be void.

DEPTH OF DISCOVERY SHAFT.

SEC. 5. Before filing such location certificate the discoverer shall locate his claim by first sinking a discovery 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, or deeper, if necessary, to show a well-defined crevice. 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, and the date of discovery. Third, by marking the surface boundaries of the claim.

MANNER OF STAKING.

SEC. 6. Such surface boundaries shall be marked by six substantial posts, hewed or marked on the side or sides which are in toward the claim, and sunk in the ground, to-wit: One at each corner and one at each centre of each side line. Where it is practically impossible on account of bed-rock or precipitous ground to sink such posts, they may be placed in a pile of stones.

OPEN OR CROSS CUT, AND TUNNEL.

SEC. 7. Any open cut, cross cut or tunnel which shall cut a lode at a depth of ten feet below the surface, shall hold such lode the same as if a discovery shaft were sunk thereon, or an adit of at least ten feet along the lode, from the point where the lode may be in any manner discovered, shall be equivalent to a discovery shaft.

EXTENT OF TIME ALLOWED FOR SINKING DISCOVERY SHAFT.

SEC. 8. The discoverer shall have sixty days from the time of uncovering or disclosing a lode to sink a discovery shaft thereon.

LOCATION CERTIFICATE.

SEC. 9. The location or location certificate of any lode claim shall be 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 lies inside of such lines extended downward, vertically, with such parts of all lodes or ledges as continue to 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 at 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.

CANNOT BE FOLLOWED.

SEC. 10. If the top or apex of a 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 lines.

RIGHT OF WAY AND TO SURFACE.

SEC. 11. All mining claims now located, or which may hereafter be located, shall be subject to the right of way of any ditch or flume for mining purposes, or any tramway or packtrail, whether now in use, or which may be hereafter laid out across any such location: Provided, always, That such right of way shall not be exercised against any location duly made and recorded and not abandoned prior to the establishment of the ditch or flume, tramway, or pack-trail, without consent of the owner, except by condemnation, as in case of land taken for public highways. Parole consent to the location of any such easement, accompanied by the completion of the same over the claim, shall be sufficient without writings. And provided further, That such ditch or flume shall be ao constructed that the water from such ditch or flume shall not injure vested rights by flooding or otherwise.

SEC. 12. 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. The order for injunction shall fix the amount of the bond.

RELOCATION OF CLAIMS.

SEC 13. 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 er 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 claiment or claimants from proving any such title or titles as he or they may have held under previous location.

SEC. 14.

PROOF OF WORK DONE.

The amount of work done, or improvements made during each year, shall be that prescribed by the laws of the United States.

FORM OF AFFIDAVIT.

SEC. 15. Within six months after any set time, or annual period herein allowed for the performance of labor or making any improvements upon any lode claim, the person on whose behalf such outlay was made, or some person for him, shall make and record an affidavit in substance as follows:

Before me, the subscriber, personally appeared.. being duly sworn, saith that at least..

who, .dollars'

worth of work or improvements were performed or made upon [here describe

the claim or part of claim] situate in. County of..

mining district,

State of Colorado. Such expenditure was

owners of said

. (Signature.)

made by or at the expense of.
claim, for the purpose of said claim.
[Jurat.]

And such signature shall be prima facie evidence of the performance of such labor.

OLD CLAIMS REWORKED.

SEC. 16. The relocation of abandoned lode claims shall be by sinking a new discovery shaft and fixing new boundaries in the same manner as if it were the location of a new claim; or the relocator may sink the original discovery shaft ten feet deeper than it was at the time of abandonment, and erect new or adopt the old boundaries, renewing the posts if removed or destroyed. In either case a new location stake shall be erected. In any case, whether the whole or part of an abandoned claim is taken, the location certificate may state that the whole or any part of the new location is located as abandoned property.

RECORD OF CLAIM.

SEC. 17. No location certificate shall claim more than one location, whether the location be made by one or several locators. And if it purports to claim more than one location, it shall be absolutely void, except as to the first lo