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as prima facie evidence of such notices, rules and regulations, if properly certified by the recorders. And the seal of the recorder, certifying to their correctness, shall be prima facie evidence of the election, qualification and official character of such mining recorder.

§ 331. County records.-SEC. 2. It is made the duty of county recorders to record the mining rules and regulations of the several districts in their counties; and where so recorded, certified copies shall be received as prima facie evidence of such rules and regulations.

§ 332. Fees of recorders and their duties.-SEC. 3. The fees of mining recorders for recording instruments and making copies are the same as those allowed county recorders for like services. It is the duty of the mining recorder on tender of his fees to supply certified copies of the records; for failure so to do, or receiving larger fees than allowed by law, he shall be deemed guilty of a misdemeanor, and subject to the penalties against public officers in Section 20 of an act entitled "An act to regulate fees and compensation for official and other services in the territory of Utah," passed February 20, 1874.

§ 333. Records, public.-SEC. 4. "Recorders of mining districts shall, for the purposes of this act, be deemed public officers, and the records in their custody shall be deemed public records, and they are hereby required to keep an official seal.1

1 Compiled Laws of Utah, p. 398; Acts approved Feb. 16, 1872.

XI. WASHINGTON TERRITORY.

§ 334. Water rights-Right of way for ditches, etc.-The appropriation of the water of public streams for mining and other purposes is authorized by statute.

A right of way for canals, ditches, flumes, aqueducts, reservoirs, etc., may be acquired by condemnation and paying for the land taken, the price assessed by commissioners. It is provided that the assessed value of benefits accruing from the improvement may be deducted from the assessed value of land taken from the person benefited, or from the damages resulting from such taking, in fixing the amount due to the person whose property is so condemned.1

1 Act approved November 14, 1879; Laws of 1879, p. 124.

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SECTION 335-Location of lode claims-Length.

336-Location notice.

337-Annual labor.

338-Tenants in common on same lode.

339-Segregated claims.

340-Extensions.

341-Lateral surface ground.

342-Right of way.

343-Cross and intersecting veins.

344-Locations on distinct parts of same lode.

345-Tunneling for blind lodes.

346-Limitations upon rights acquired by tunnel dis

covery.

347-Intersection of tunnel with prior location.
348-Tunnel for development-Right of way.

349-Ditch or water sites.

350-Record of water site.

351-Time for completing ditch.

352-Right of way for water.

353-Mill sites.

354-Formation of mining districts.

355-Mining recorders.

356-Fees of recorder--Further duties.

357-Placer mines-Local laws-Records.

358-Conveyances.

359-Forfeiture excused.

360-Forfeiture-Relocation.

361-Penal provisions-Destroying notice.

362-Ante-dating notice.

363-Miners' liens.

364-Expenditures-Abandonment-"Salting"-Assess

ment of non-residents.

§ 335. Location of lode claims-Length.-SEC. 1. Provides for locations of 200 feet in length on lodes, ledges or veins of quartz or other rock bearing "gold, silver, cinnabar or copper," and where the discoverers are bona fide residents of the territory, an extra 200 feet for discovery.

§ 336. Location notice.—SEC. 2. The notice placed on the claim is required to contain the name of the lode, the direction and boundaries, and the name of the claimant. A copy of the notice must be filed in the office of the district recorder, or of the register of deeds of the county for record, within fifteen days after date of location.

§ 337. Annual labor.-SEC. 3. The annual assessment required, until title is obtained from the government, is fifty dollars' worth of labor and improvements for each 200 feet.

§ 338 Tenants in common on same lode.-SEC. 4. Owners of several claims on same lode considered as tenants in common, and may perform labor on one claim for all.

§ 339. Segregated claims.-SEC. 5. Where the locations on the same lode are claimed as "segregated," the tenancy in common and commutation of labor does not apply as in preceding section. It must be performed on each claim.

§ 340. Extensions.-SEC. 6.-The discoverer of an extension of a lode holds the same by prior right, not

withstanding the previous posting of notices claiming such extension.

§ 341. Lateral surface ground.-SEC. 7. Ore hundred feet on each side of lode is allowed for working purposes, not to interfere with rights of others to prospect for distinct veins.

§ 342. Right of way.-SEC. 8. Persons working or developing mines have the right of way across all other claims for hauling quartz or other necessary materials.

§ 343. Cross and intersecting veins.-SEC. 9. Where veins cross, intersect or unite, priority of record shall govern. But in no case shall the claimant be allowed to diverge from the general direction of his lode to enter upon that of another. Each shall follow his vein extending most nearly in the general direction of the lode according to the original location.

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§ 344. Locations on distinct parts of same lode.SEC. 10. "Where two ledges or lodes are discovered at any distance apart, known by different names, and it shall subsequently be proven that the two are one and the same ledge or lode," the first locator having first recorded is entitled to possession; but the parties evicted are not liable for ores extracted and disposed of previous to the proven unity.

§ 345. Tunneling for blind lodes.-SEC. 11. Tunnel claims may be located, "but the right of way of such tunnel shall not exceed five hundred feet at right-angles to the tunnel. All persons owning in said tunnel shall have the right to claim two hundred feet each on any and all ledges or lodes such tunnels may tap;" unless such lodes have been previously discovered and worked according to section three of the act.

§ 346. Limitations upon rights acquired by tunnel discovery.-SEC. 12. Discovery by tunnel does not authorize the extra claim of two hundred feet. The total number of feet held on any one lode, by tunnel companies, shall not exceed three thousand feet.

§ 347. Intersection of tunnel with prior location.— SEC. 13. When a tunnel strikes a lode already worked, the owners of the tunnel may extract the ore until the prior locators sink a shaft from the surface into the tunnel, proving identity, after which the tunnel shall remain open and free as a drain to the lode or mine.

§ 348. Tunnel for development-Right of way.— SEC. 14. Tunnels may be driven for the development of mines located on the surface, and for that purpose the right of way is accorded. But they are not to interfere with the right to prospect-not within fifty feet. A notice stating the object of the work should be placed at the mouth of the tunnel,-and work done therein will be considered as done on the claim.

$349. Ditch or water sites.-SEC. 15. Claims of this kind require a notice at the point on the stream where the water is taken, stating the objects and purposes of the ditch; a survey of the ditch to its mouth, where a similar notice must be placed.

§ 350. Record of water site.-SEC. 16. Notice of the claim of water privilege and affidavit of survey filed with the register of deeds within fifteen days after posting first notice.

§ 351. Time for completing ditch.-SEC. 17. Onetenth of the entire length must be excavated in six months and one-half in twelve months, when the ditch becomes real estate.

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