1822

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 bond.

§ 230. Additional certificate of location.-SEC. 13. If at any time the locator of any mining claim 1823 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, or 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 other record thereof, shall preclude the claimant or claimants from proving any such title or titles as he or they may have held under previous location.

231. Affidavit of work and improvements.-SEC.

14. Within six months after any set time or annual

1824 period allowed for the performance of labor, or

making 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:

STATE OF COLORADO,

-County.

Before me,

SS.

the subscriber, personally appeared

ing duly sworn, saith that at least

who be

-dollars' worth of work or

improvements were performed or made upon (here describe claim or part of claim), situate in- - mining district, county of State of Colorado. Such expenditure was made by or at the expense of —, owners of said claim, for the purpose of holding said claim.

(Jurat.)

SIGNATURE.

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

§ 232. Relocation of abandoned claims.-SEC. 15. The relocation of abandoned lode claims shall be 1825 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.

§ 233.

Certificate to cover but one location.— SEC. 16. No location certificate shall claim more 1826 than one location, whether the location be made by one or several locators. And if it purport to claim more than one location, it shall be absolutely void, except as to the first location therein described, and if they are described together, or so that it cannot be told which location is first described, the certificate shall be void as to all.1

1 Gen. Laws, p. 629.

AN ACT CONCERNING MINES.1

§ 234. Survey of mines in litigation.-SEC. 1. In all actions pending in any district court of this state wherein the title or right of possession to any

1827

mining claim shall be in dispute, the said court, or the judge thereof, may, upon application of any of the parties to such suit, enter an order for the underground as well as surface survey of such part of the property in dispute as may be necessary to a just determination of the question involved. Such order shall designate some competent surveyor, not related to any of the parties to such suit, or in anywise interested in the result of the same, and upon the application of the party adverse to such application, the court may also appoint some competent surveyor, to be selected by such adverse applicant, whose duty it shall be to attend upon such survey and observe the method of making the same; said second surveyor to be at the cost of the party asking therefor. It shall also be lawful in such order to specify the names of witnesses named by either party, not exceeding three on each side, to examine such property, who shall hereupon be allowed to enter into such property and examine the same. Said court, or the judge thereof, may also cause the removal of any rock, debris, or other obstacle in any of the drifts or shafts of said property, when such removal is shown to be necessary to a just determination of the question involved; Provided, however, that no such order shall be made for survey and inspection, except in open court, or in chambers, upon notice of application for such order of at least six days, and not then except by agreement of parties, or upon the affidavit of two or more persons, that such survey and inspection is necessary to the just determination of the suit, which affidavits shall state the facts in such case, and wherein the necessity for survey exists, nor shall such order be made unless it appears that the party asking therefor had been refused the privilege of survey and inspection by the adverse party.

1 From Session Laws, 1874.

§ 235. Penal provision-Dispossession by force, etc. -SEC. 2. In all cases where two or more persons 1828 shall associate themselves together for the purpose of obtaining the possession of any lode, gulch, or placer claim, then in the actual possession of another. by force and violence or threats of violence, or by stealth, and shall proceed to carry out such purpose by making threats against the party or parties in possession, or who shall enter upon such lode or mining claim for the purpose aforesaid, or who shall enter upon or into any lode, gulch, placer claim, quartz mill, or other mining property, or not being upon such property, but within hearing of the same, shall make any threats, or make use of any language, signs, or gestures calculated to intimidate any person or persons at work on said property from continuing to work thereon or therein, or to intimidate others from engaging to work thereon or therein, every such person so offending shall, on conviction thereof, be fined in a sum not to exceed $250, and be imprisoned in the county jail not less [than] thirty days nor more than six months; such fine to be discharged either by payment or by confinement in said jail until such fine is discharged at the rate of $2.50 per day. On trials under this section, proof of a common purpose of two or more persons to obtain possession of property as aforesaid, or to intimidate laborers as above set forth, accompanied or followed by any of the acts above specified by any of them, shall be sufficient evidence to convict any one committing such acts, although the parties may not be associated together at the time of committing the same.

§ 236. Homicide on forcible entry-Aiders and abettors.-SEC. 3. If any person or persons shall 1829 associate and agree to enter, or attempt to enter, by force of numbers, and the terror such numbers is cal

culated to inspire, or by force and violence, or by threats of violence, against any person or persons in the actual possession of any lode, gulch, or placer claim, and upon any such entry, or attempted entry, any person or persons shall be killed, said persons, and all and each of them, so entering or attempting to enter, shall be deemed guilty of murder in the first degree, and punished accordingly. Upon the trial of such cases, any person or parties cognizant of such entry, or attempted entry, who shall either be present, aiding, and assisting, or shall by promise of money, property, influence, assistance, or other thing of value, in anywise encourage such entry, or attempted entry, shall be deemed a principal in the commission of said offense.

AN ACT TO PROVIDE FOR THE DRAINAGE OF MINES, AND TO REGULATE THE LIABILITIES OF MINERS IN CERTAIN CASES, AND TO REPEAL ALL TERRITORIAL ACTS ON THE SUBJECT.

§ 237. Drainage of contiguous mines. SEC. 1. Whenever contiguous or adjacent mines, upon the 1830 same or upon separate lodes, have a common ingress of water, or from subterraneous communication of the water, have a common drainage, it shall be the duty of the owners, lessees, or occupants of each mine so related, to provide for their proportionate share of the drainage thereof.

§ 238. Contribution by parties benefited. — Any parties so related failing to provide, as aforesaid, 1831 for the drainage of the mines owned or occupied by them, thereby imposing an unjust burden upon neighboring mines, whether owned or occupied by them, shall pay respectively to those performing the work of drainage their proportion of the actual and necessary cost and