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migration of fish to and from their spawning grounds, unless the parties constructing said dams shall provide a good and sufficient fishway to the acceptance of the Selectmen of the County, except upon such streams as are not generally occupied by lake or brook trout for spawning purposes.

SEC. 5. The size of meshes in all seines used in any size of seines to be regulated. County, shall be determined by the County Court thereof, but they may vary the size to conform to the nature of the ground where it is permitted to be used, and all citizens of the Territory shall have an equal Right of fishery right to fish in any waters of the Territory, except private or corporate ponds or fisheries.

common.

riod.

SEC. 6. All persons are prohibited from taking lake Excepted pe or brook trout by seines or traps from the first day of April until the last day of June in each year.

SEC. 7. No person shall be permitted to place in any Use of drugs, stream, lake or pond any lime or any other deleterious etc., forbidden. substances with intent to injure fish, or any drug or medical bait with the intent thereby to poison or catch fish. The putting of dye stuff, deleterious products of manufactories in ponds or streams is hereby prohibited.

struction of

SEC. 8. Any person who shall cause a useless de- Wanton destruction of fish by leaving them out of water, or fish a misdeturning the water out of its channel, except for irri- meanor. gation, shall be deemed guilty of a misdemeanor, and any person violating this or any of the preceding sec tions may be fined, by any Court having jurisdiction, not less than five nor more than one hundred dollars for each offence.

SEC. 9. Shad, salmon, black bass, silver eels, or any Imported fish other fish that have been or may be imported, or their protected. progeny. shall not be taken from any public waters in this Territory for the space of five years from the passage of this Act, under a penalty of one dollar for each fish taken.

streams and

SEC. 10. Any individual or corporate company has a Private right to establish fisheries and places for the propaga- ponds. tion of fish upon their own lands, and for this purpose may control ponds or small streams, provided that the waters so used are not directed from their channels to the injury of irrigation, and all such persons have a right to procure fish in any way they please from any

public waters at any time of the year, exclusively for artificial cultivation or propagation. And all such fish ponds are declared private property, and all property invested in fish culture or the introduction and propataxation five gation, shall be exempt from taxation for the period of five years from the passage of this Act.

Exempt from

years.

Trespass on

grounds.

SEC. 11. Any person who shall break any dam, hoist private fishing any gate belonging to any private fish pond or stream, or any way interfere with the same, or take any fish therefrom, without the consent of the owner, shall be deemed guilty of a trespass, and shall be liable to all damage done, and may be fined in any sum not to exceed one hundred dollars for each offence.

Oyster planting protected.

Disposal of fines.

Repealing clause.

SEC. 12. Any person who shall import oysters and plant the same in any waters in this Territory, for the purpose of propagation, shall be protected therein, and it shall not be lawful for any persons to take any oysters from any bed planted in this Territory, without the consent of the owner, or in any way injure or interfere with any such oyster bed. Any person so offending shall be liable to all damage and may be fined by any Court having jurisdiction, in any sum not less than fifty, nor more than one hundred dollars.

SEC. 13. All fines which may be collected according to the provisions of this Act, shall be paid into the County Treasury for the benefit of common schools.

SEC. 14. An Act to regulate fisheries and to prohibit fish traps and other contrivances for catching fish in the river Jordan, approved January the seventeenth, eighteen hundred and sixty-two, is hereby repealed.

Location of claims.

CHAPTER XII.

An Act to provide Rules for the Working and
Development of Mines.

(Approved February 16th, 1872.)

SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That any citizen of the United States, and any person who shall have declared

his intention to become such, who shall hereafter discover any mineral deposit, lead or lode bearing gold, silver, tin, platina, copper or cinabar, shall be entitled to one claim thereon, by right of discovery, and one claim by right of location; provided that no person shall be entitled to more than one claim by right of location, on any one lead or lode.

tices, etc.

SEC. 2. Any person or persons who shall wilfully or Defacing nomaliciously tear down or deface a notice posted on any mining claim, or take up or destroy any stake or monument, marking any such claim, or interfere with any Unlawful inperson lawfully in possession of said claim, or who terference. shall alter, erase, deface or destroy any record kept by Altering reca mining Recorder, shall be guilty of a misdemeanor, ords. and upon conviction thereof shall be punished by a fine of not less than twenty-five, nor more than one Penalty therehundred dollars, or by imprisonment for not less than ten days, nor more than six months, or by both such fine and imprisonment. Justices of the Peace in their Justices have respective counties shall have jurisdiction of such offenses.

for.

jurisdiction.

ores.

SEC. 3. Any person wrongfully entering upon any Unlawfully mine or mining claim, and carrying away ores there- extracting from, or extracting and selling ores from any mine, being the property of another shall be liable to the owner or owners of said ore for three times the value Damages. thereof, recoverable by an action at law; and should the plaintiff file his affidavit that the defendant did unlawfully take such ores, the defendant may be ar- Arrest. rested and held to bail, as in cases for the recovery of the possession of personal property unjustly detained.

SEC. 4. Any person or persons who shall perform any Miners' lien. work or labor upon any mine, or furnish any materials therefor, in pursuance of any contract made with the owner or owners of such mine, or of any interest therein, shall be entitled to a miner's lien for the payment thereof upon all the interest, right and property in such mine by the person or persons contracting for such labor or materials at the time of making such contract; said lien may be enforced in the same manner and with the same effect as a mechanic's lien, as provided by the laws of Utah.

When time

run.

CHAPTER XIII.

An Act limiting the time of commencing Civil
Actions.

(Approved February 16th, 1872.)

CHAPTER I.

TIME OF COMMENCING ACTIONS IN GENERAL..

SECTION 1. Be it enacted by the Governor and Legislative commences to Assembly of the Territory of Utah, That civil actions can only be commenced within the period prescribed in this Act, after the cause of action shall have accrued, except where a different limitation is prescribed by statute.

Causes of action already accrued.

Proviso.

Suits on behalf of the people.

Right accruing within seven years.

Or rents received.

Suits for real property.

SEC. 2. When a cause of action has already accrued, the party entitled and those claiming under him shall have one year after the passage of this Act in which to commence an action; provided, that in every instance a party shall be entitled to the full time limited for the commencement of the action.

CHAPTER II.

THE TIME OF COMMENCING ACTIONS FOR THE RECOVERY OF
REAL PROPERTY.

SEC. 3. The people of this Territory will not sue any person for or in respect to any real property, or the issues and profits thereof, by reason of the right or title of the people to the same, unless,

First.-Such right or title shall have accrued within seven years before any action or other proceeding for the same shall be commenced; or unless,

Second. The people, or those for whom they claim, shall have received the rents and profits of such real property or some part thereof within the space of seven years.

SEC. 4. No action for the recovery of real property, or for recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, grantor or predecessor was seized or possessed of the premises in question, within seven years before the commencement of such action.

SEC. 5. No cause of action or defence to an action

real property.

founded upon the title to real property, or to rents or suits for rights profits out of the same shall be effectual, unless it ap- growing out of pear that the person prosecuting the action or making the defence, or under whose title the action is prosecuted, or the defence is made, or the ancester, predecessor, or grantor of such person was seized or possessed of the premises in question, within seven years before the commencement of the Act, in respect to which such action is prosecuted or defence made.

SEC. 6. In every action for the recovery of real Presumption property, or the possession thereof, the person estab- of possession. lishing a legal title to the property shall be presumed to have been possessed thereof, within the time prescribed by law, and the occupation of the property by shall be deemed to have been under any other person

and in subordination to the legal title, unless it appear that the property has been held and possessed adversely Adverse posto such legal title for ten years before the commence- session. ment of the.action.

of title.

SEC. 7. Whenever it shall appear that the occupant Effect of color or those under whom he claims, entered into the possession of the property, under claim of title exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the property in question or upon the decree or judgment of a competent Court, and that there has been a continued occupation and possession of the property included in such instrument, decree or judgment, or of some part of the property under such claim, for five years, the property so included shall be deemed to have been held adversely, except that where the property so included consist of a tract divided into lots, the possession of Possession of 'one lot shall not be deemed a possession of any other into lots. lot of the same tract.

tract divided

session under

SEC. 8. For the purpose of constituting an adverse Adverse pospossession by any person claiming a title founded upon color of title. a written instrument, or a judgment or decree, land shall be deemed to have been possessed and occupied

in the following cases:

First.-Where it has, been usually cultivated or im- Cultivation. proved.

Second. Where it has been protected by a substan- Enclosure. tial inclosure.

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