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PREFACE.

The development of the mineral resources of New Mexico is now being accelerated at a rapid rate, due to the high prices and demand for the various metals. The present demand is due to two factors, viz.:

The European War, and

Our own internal development.

At this writing, the present high prices will likely be maintained for some time to come--even after the end of the war in Europe.

Activity in every phase of the mining industry is at high water mark. The chemical, mineralogical and metallurgical labora tories at the School of Mines are flooded with ores and enquiries, as never before in the history of the state. Naturally, increased burdens have fallen upon the School and the institution is seriously handicapped for additional help and lack of funds to meet this extraordinary demand, so essential in the development of the mineral resources of the state.

Due to these extraordinary conditions there has arisen a very great demand for copies of the State Mining Laws and of the Revised Mining Statutes of the United States. The School of Mines being the only official State Bureau of the mining industry, it is but natural that the School be called upon to furnish copies of the mining laws of New Mexico and of the United States.

To meet this demand the School of Mines has carefully prepared this codification in order that the layman may know better how to proceed in locating and acquiring title to mineral lands, and otherwise comply with the State and Federal regulations governing the various phases and rights in mining.

The mining sections of the New Mexico Statutes, herein set forth, conform with the new codification of 1915. The arrangement of the Federal laws were chiefly fashioned after the "United States Mining Statutes Annotated" from the two volumes issued under the supervision of Mr. J. W. Thompson of the U. S. Bureau of Mines.

Socorro, New Mexico.

March 1, 1916.

FAYETTE A. JONES.

MINING STATUTES

OF NEW MEXICO

UNIV. OF CALIFORNIA

MINING STATUTES OF NEW MEXICO

Article

II

MINES.

I Location-annual labor-abandonment-Sections 3445 to 3462.
Actions-contests-possessions-Sections 3463 to 3475.
Records of mills and smelters-Sections 3476 to 3480.
Rights of way-Sections 3481 to 3489.

III
IV

V Coal Mines-Sections 3490 to 3513.

VI

Miscellaneous-Sections 3514 to 3522.

ARTICLE I.

LOCATION-ANNUAL LABOR-ABANDONMENT.

Location-marking-notice-recording.

Id.-recording-fees.

Location-discovery shaft.

Id.-marking boundaries.

Relocation-discovery shaft.

Amended location notice.

Removing location notice or monument-penalty.

Annual labor-lien holder may perform.

Section

3445

3446

3447

3448

3449

3450

3451

3452

Id.

3453

3454

3455

3456

3457

Proof of labor.

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Id.-obstruction.

Assessment work on claim in litigation-how done.

Assessment work on claim in litigation-effect.

Placer claims-how located.

Id.-location notice-corner posts.

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§3445. LOCATION-MARKING—NOTICE-RECORDING.

SECTION 1. 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, a 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 claims; and also within three months after posting such notice, cause to be recorded a copy thereof in the office of the clerk of the county in which the notice is posted. And provided, no other record of such notice shall be necessary.

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SEC. 2. In order to carry out the intent of the preceding section, it is hereby made the duty of the county clerk of the several counties of this State, 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 herein before provided for. The fees for recording such notices shall be ten cents for every one hundred words.

§3447.

LOCATION-DISCOVERY SHAFT.

SEC. 3. That the locator or locators of any mining claim, located after this act shall take effect, shall, within ninety days from the date of taking possession of the same, sink a discovery shaft upon such claim, to a depth of at least ten feet from the lowest part of the rim of such shaft at the surface, exposing mineral in place, or shall drive a tunnel, adit, or open cut upon such claim, to at least ten feet below the surface, exposing mineral in place.

§3448. Id.-MARKING BOUNDARIES.

SEC. 4. The surface boundaries of mining claims hereafter located shall be marked by four substantial posts or monuments, one at each corner of such claim, so as to distinctly mark the claim on the ground, so that its boundaries can be readily traced, and shall otherwise conform to section 3445.

§3449.

RELOCATION-DISCOVERY SHAFT.

SEC. 5. The relocation of any mining ground, which is subject to relocation, shall be made in the same way as an original location is required by law to be made, except the relocator may either sink a new shaft upon the ground relocated to the depth of at least ten feet from the lowest part of the rim of such shaft at the surface, exposing mineral in place, or drive a new tunnel, adit, or open cut upon such ground, at least ten feet below the surface, exposing mineral in place, or the relocator may sink the original discovery shaft ten feet deeper than it is at the time of relocation, or drive the original tunnel, adit, or open cut upon such claim, ten feet further.

§3450. AMENDED LOCATION NOTICE.

SEC. 6. If at any time the owner of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that the original notice of location is defective, erroneous or the requirement of law has not been complied with before filing; or

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