owners thereof shall fail or refuse to join in said work, after due notice of at least thirty days, given by publication in one newspaper printed in the county in which such ledges or claims are located, and if none be printed in said county, then in any newspaper printed in the territory, said notice to have publication in four successive weeks of said paper, said other owner or owners may, upon application to the district court of the district wherein the ledge or claim is situated, cause the interests of said parties so refusing to be set off or segregated as hereinafter set forth.

3120.-SEC. 2. The owner or owners of any mineral-bearing ledge or claim after the expiration of said thirty days' notice having been given, may, if the party or parties notified fail or refuse to join in the working or developing said ledge or claim may be situated, for a partition or segregation of the interest or interests of the party or parties so failing or refusing to join.

3121.-SEC. 3. The party or parties so applying shall set forth the fact that the said parties have been duly notified, in acco dance with section one of this act, and that said party or parties have failed or refused to join in said work; all of which shall be sustained by the oath or affirmation of one or more of the parties applying; and, upon such application being made, the clerk of the said court shall post a notice at the office of the county recorder, and in two other conspicuous places within the district, stating the application, and notifying the parties interested that unless they appear within sixty days and show good cause why the prayer of the petitioner should not be granted, that the same will be granted if good cause can be shown.

3122-SEC. 4. At the expiration of said sixty days, if the party or parties notified do not appear and show good cause why the prayer of the petitioner should not be granted, the court shall appoint two commissioners to go upon the ground and segregate the claims of the parties refusing to join; and in case they do not agree, they to choose a third party and said commissioners shall make a report in writing to said court, who shall issue a decree in conformity with said report, which shall be final, except appeal be taken to the supreme court within thirty days after issuance thereof.

3123 SEC. 5. The provisions of this act shall not upply to the counties of Yavapia and Pima, and the county of Yuma.

2111.-SECTION 1. No action for the recovery of property in mining claims, or for the recovery or possession thereof, shall be maintained unless it appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the premises in question within two years before the commencement of the action.

2112.-SEC. 2. No cause of action or defence to an action, founded upon the title to property in mining claims, or to the rents or profits out of the same, shall be effectual unless it appear that the person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within two years before the commencement of the act in respect to which such action is prosecuted or defense made.

2113.-SEC. 3. All acts or parts of acts in conflict with this act are hereby repealed.

2366.-SECTION 1. The district courts of said territory shall have exclusive original jurisdiction of all suits and proceedings relating to mines and mineral and auxilary lands, and the registry and denouncement of the same,

and all the jurisdiction, power, and authority conferred upon the probate courts and probate judges by chapter fifty of the Howell code, entitled, "Of the Registry and Government of Mines and Mineral Deposits, or otherwise, are hereby conferred upon the district courts and district judges respectively.

"

2367.-SEC. 2. That section two of title one of said chapter is hereby repealed, and also all the other provisions of said chapter, conferring jurisdiction upon the probate courts and probate judges, over suits and proceedings relating to mines, mineral, and auxiliary lands, as well as other acts and parts of acts inconsistent with the provisions of this act.

2368.-SEC. 3. All suits and other proceedings in said probate courts, now pending therein, and over which said probate courts have jurisdiction, are hereby transferred to, and shall be continued in, the district court of the county in which said suits and proceedings are now pending.

2669.-SEC 4. The clerks of the probate courts shall, within thirty days after the publication of this act, transfer to and file in the office of the district courts of their respective counties, all records and papers in suits and proceedings relating to mines, mineral and auxiliary lands, which records and papers shall be kept and filed by the clerks of said district courts, and when so transferred and filed, said suits and proceedings shall be proceeded with as though commenced in said district courts; Provided, That in counties where there shall be no clerks of the district courts, the records and papers shall be transferred and filed as aforesaid within thirty days after the appointment of said clerks and their acceptance thereof.

3059.-SEC. 623. No action in regard to mining claims shall be maintained berore any justice of the peace.

MINING LAWS OF NEW MEXICO.

LOCATION OF CLAIM AND RECORDING.

SECTION 1. That any person or persons desiring to locate a mining claim upon a vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposit, must distinctly mark the location on the ground so that its boundaries may be readily traced; and post in some conspicuous place on such location, notice in writing stating thereon the name or names of the locator or locators, his or their intention to locate the mining claim, giving a description thereof, by reference to some natural object or permanent monument as will identify the claim; and also within three months after posting such notice, cause to be recorded a copy thereof in the office of the recorder ef the county in which the notice is posted; and provided no other record of such notice shall be necessary.

SEC. 2. In order to cary out the intent of the preceding section, it is hereby made the duty of the probate judges of the several counties of this territory, and they are hereby required to provide at the expense of their respective counties, such book or books as may be necessary and suitable in which to enter the record hereinbefore provided for. The fees for recording such notices shall be ten cents for every one hundred words.

LABOR ON CLAIMS REQUIRED.

SEC. 3. That in estimating the worth of labor required to be performed upon any mining claim, to hold the same by the laws of the United States, in the regulation of mines, the value of a day's labor is hereby fixed at the sum of four dollars; Provided, however, That in the sense of this statute, eight hours of labor actually performed upon the mining claim shall constitute a day's labor.

VALIDITY OF PRIOR LOCATIONS.

SEC. 4. All locations heretofore made in good faith, to which there shall be no adverse claim, the certificate of which locations have been or may be filed for record and recorded in the recorder's office of the county where the loca tion is made within six months after the passage of this act, are hereby confirmed and made valid. But where there may appear to be any such adverse claim, the said locations shall be held to be the property of the person having the superior title or claim, according to the laws in force at the time of the making of the said locations.

EJECTMENT.

SEC. 5. An action of ejectment will lie for the recovery of the possession of a mining claim, as well also of any real estate, where the party suing has been wrongfully ousted from the possession thereof, and the possession wrongfully detained.

REPEALING AND SAVING CLAUSE.

SEC. 6. That "an act concerning mining claims, approved January 18th, 1865, and an act amendatory thereof, approved January 30, 1866; also, an act entitled an act to amend certain acts concerning mining claims in the territory of New Mexico, approved January 1st, 1872, be, and the same are hereby repealed: Provided, That no location completed or commenced under said acts shall be invalidated or in anywise affected by such repeal.

SEC. 7. That this act shall take effect and be in full force from and after its passage,

do.

188..., located and claimed, and by these presents locate and claim, by right of discovery and location, in compliance with the mining acts of Congress, approved May 10, 1872, and all subsequent acts, and with local customs, laws and regulations, and horizontal measurement on the

linear feet lode, vein, ledge

or deposit, along the vein thereof, with all its dips, angles and variations, is allowed by law, together with .. feet on each side of the middle

of said vein at the surface, so far as can be determined by present developments; and all veins, lodes, ledges, or deposits and surface ground within the lines of said claim

discovery shaft, and

feet running.

feet running

from centre of from centre

of discovery shaft, said discovery shaft being situate upon said lode, vein, ledge or deposit, and within the lines of said claim, in District, County of

and State of

metes and bounds as follows, to-wit: Beginning at corner No. 1.

Mining described by

NOTICE OF LOCATION--SHORT FORM. (NEW MEXICO.)

KNOW ALL MEN BY THESE PRESENTS, That the undersigned, having complied with the requirements of chapter six, title xxxii, of the United States, and with the local customs, laws and regulations, has his day

...

189. discovered and located

Attest: Witnesses.

Locator.