An act to repeal an act entitled "An act regulating the sale of mineral lands belonging to the state," approved March 28, 1874, and the acts amendatory thereof, and to provide for the sale of mineral lands under United States laws. [Stat. approved April 1, 1897; Stats. 1897, chap. cclxx.] The People of the State of California, represented in Senate and Assembly, do enact as follows. Section 1. The following entitled acts of the legislature are hereby repealed, to wit: First-An act entitled "An act regulating the sale of mineral lands belonging to the State, approved March twenty-eighth, eighteen hundred and seventy-four. Second-An act entitled "An act to amend an act entitled an act regulating the sale of mineral lands belonging to the State, approved March twenty-eighth, eighteen hundred and seventyfour," approved February third, eighteen hundred and seventy-six. Third-An act entitled "An act to amend an act entitled an act regulating the sale of mineral lands belonging to the state, approved Marca twenty-eighth, eighteen hundred and seventyfour," approved April sixth, eighteen hundred and eighty. Sec. 2. When it shall be shown by affidavits or otherwise, to the satisfaction of the surveyor general, that any portion of a sixteenth or thirtysixth section belonging to the state is valuable for its mineral deposits, the surveyor general shall not approve any application to purchase the same, nor shall the register of the state land office issue a certificate of purchase therefor, until the question of the character of the land has been referred for determination to a court of competent jurisdiction, in the manner provided by section thirtyfour hundred and fourteen of the Political Code, and adjudged not to be valuable as mining land. Sec. 3. The sixteenth and thirty-sixth sections belonging to the state, in which there may be found valuable mineral deposits, are hereby declared to be free and open to exploration, occupation, and purchase of the United States, under the laws, rules, and regulations passed and prescribed by the United States for the sale of mineral lands. Sec. 4. This act shall take effect from and after its passage. An act prescribing the anner of locating mining claims upon the public domain of the United States, recording notices of location thereof, amending defective locations, and providing for the deposit of district records with county recorders, and prescribing the effect to be given to recordation of notices of: location and affidavits. [Stat. approved March 27, 1897; Stats. 1897, chap.. clix.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The location of mining claims upon the public domain of the United States shall be made and perfected as provided in this act. Sec. 2. The discoverer of any vein or lode shall immediately, upon making a discovery, erect at the point of discovery a substantial monument of mound of rocks, and post thereon a preliminary notice which shall contain: First-The name of the lode or claim: Second-The name of the locator or locators; Fourth-The number of linear feet claimed in length along the course of the vein each way from the point of discovery; Fifth-The width claimed on each side of the center of the vein; Sixth-The general course of the vein or lode as near as may be: Seventh--That such notice is a first or prelimi nary notice. Such notice shall be recorded in the office of the county recorder of the county in which the sam is posted within twenty days after the posting thereof. Upon the erection of said monument and posting such notice, the discoverer shall be allowed the period of time specified in section three of this act to enable him to perfect his location as hereinafter provided. Sec. 3. Within sixty days from the date of the discovery of a vein or lode, the discoverer must perform fifty dollars' worth of labor in developing his discovery, and distinctly mark his location on the ground so that its boundaries can be readily traced, and must file in the office of the county recorder of the county in which the claim is situated, a certificate of location, which said certificate shall state: 1. The name of the lode or claim; 2. The name of the locator or locators; 3. The date of discovery and posting of the notice, provided for in section two of this act, which shall be considered as the date of the location; 4. A description of the claim, defining the exterior boundaries as they are marked upon the ground, and such additional description by reference to some natural objects, or permanent monument, as will identify the claim. 5. A statement that such certificate is the final or completed notice of location, and that he has performed the aforesaid fifty dollars' worth of labor in development work thereon within the aforesaid sixty-day period, stating generally the nature thereof. Said certificate shall be dated and signed by or on behalf of the locator or locators, and verified by them or by some one in their behalf, and when filed for record shall be deemed and considered as prima facie evidence of the facts therein recited. A copy of such certificate of location certified by the county recorder, shall be admitted in evidence in all actions or proceedings with the same effect as the original. The performance of such labor shall be deemed a necessary act in completing such location and a part thereof, and no part thereof shall inure to the benefit of any subsequent location. Sec. 4. The discoverer of placer or other forms of deposit, subject to location and appro Mines and Mining. priation, under mining laws applicable to placers, shall locate his claim in the following manner: art pr First-He must immediately post in a conspicuous place at the point of discovery thereon a notice or certificate of location thereof containing: (a) The name of the claim; (b) The name of the locator or locators; (c) The date of the discovery and posting of the notice, herein before provided for, which shall be considered as the date of the location; (d) A description of the claim by reference to legal subdivisions of sections, if the location is made in conformity with the public surveys; otherwise, a description with reference to some Datural object or permanent monument identify the claim, and where such claim is located as will by legal subdivisions of the public surveys, such location shall, notwithstanding that fact, be marked by the locator upon the ground, the same as other locations. Second-Within thirty days from the date of such discovery he must record such notice or cer tificate of location in the office of the county re corder of the county in which such discovery is. made, and so distinctly mark his location on the ground that its boundaries can be readily traced Jas ཏསྨིཾ, Lereto par salt Third-Within sixty days from the date of the discovery the discoverer shall perform labor upor such location or claim in developing the [same] t¢ an amount which shall be equivalent in the ag. gregate to at least ten dollars' ($10) worth of suct labor for each twenty acres, or thereof, contained in such location or claim. fractional A failure to perform such labor within time, shall cause all rights under such location t be forfeited and the land covered thereby shal at once be open to location by qualified locator other than the preceding locators, but shall not li any event be open to location by such precedim locators, and any thereon shall not inure to the benefit of any sut labor performed by ther sequent locator thereof. stal Fifth-Such locator shall, upon the performane of such labor, file with the recorder of the count affidavit, showing such performance. an generally the nature and kind of work so done. an 1. 1 all Sec. 5. The affidavit provided for in the last section, and the aforesaid placer notice or certiicate of location when filed for record, shall be leemed and considered as prima facie evidence of the facts therein recited. A copy of such cerificate, notice, or affidavit certified by the county recorder, shall be admitted in evidence in all acdons or proceedings with the same effect as the riginal. Sec. 6. All locations of quartz or placer formalons or deposits, hereafter made, which do not conform to the requirements of this act, in so 'ar as the same are respectively applicable hereto, shall be void. Sec. 7. No record of a mining claim or millsite, made after the passage of this act, in the ecords of any mining district, shall be valid. All lotices of location of mining claims, millsites, ind other notices, heretofore recorded in such disrict records, if such notices conform to the local ules and regulations in force in such district, are hereby declared valid. Within thirty days after he passage of this act the district recorder or ustodian of the records of the several mining disricts in this state, shall transmit to the county ecorders of the respective counties wherein the respective districts are situated, all the records of jaid respective districts. and thenceforward such county recorder shall be deemed and considered the legal custodian of such records. Thereafter opies of such records, certified by the county recorder. may be received in evidence with the same effect as the originals. Sec. 8. This act shall take effect and be in force sixty days after its passage. An act entitled an act relating to the working. rights of way, easement. and drainage of mines in the state of California. [Approved March 31. 1891; Stats. 1891, p. 219.] Section 1. Whenever any mine-owner, company, or corporation shall have performed the labor and made the improvements required by law for the location and ownership of mining claims or lodes, such owner, company, or corporation shall |