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be punished by a fine of not less than one hundred dollars or over five hundred dollars, or by imprisonment for a period of not less than six months, nor more than one year, or by both fine and imprisonment. 83455. ASSESSMENT WORK ON CLAIM IN LITIGATION-HOW

DONE. SEC. 11. Hereafter in any suit or action pending in any uf the courts of this State, involving the right to the possession or title of any lode or placer mining claim located under the mining laws, and upon which it is necessary to do the annual assessment work to prevent the same from becoming forfeited and subject to relocation, the party or parties to any such suit out of possession, under petition to the court in which suit or action is pending, showing that such annual assessment work has not been done on or before the first day of November in the year during which such work is required to be done, shall be entitled to an order as of course in such suit or action, permitting such party or parties to enter in and upon such mine or mining claims, with their agents and laborers, and to do and perform such annual assessment work to prevent the said mining claim or claims, from becoming subject to relocation; Provided, That in the doing of such work, no ore shall be removed from the boundaries of such mining claim. 83456. ASSESSMENT WORK ON CLAIM IN LITIGATION_EF.

FECT. SEC. 12. Upon the doing of any assessment work, as provided in section 3455, the said mining claim or claims shall not be subject to re-location for failure to do the annual assessment work, as against any of the parties to such suit or action. 83457. PROOF OF LABOR.

SEC. 13. The owner or owners of any unpatented mining claim in this State, located under the laws of the United States, shall within sixty days from and after the time within which the assessment work required by law to be done upon such claim should have been done and performed, cause to be filed with the clerk of the county in which such mining claim is situated, an affidavit setting forth the time when such work was done, and the amount, character and actual cost thereof, together with the name or names of the person or persons who performed such work; and such affidavit, when made and filed as herein provided, shall be prima facie evidence of the facts therein stated. The failure to make and file such affidavit as herein provided shall, in any contest, suit or proceedings touching the title to such claim, throw the burden of proof upon the owner or owners of such claim to show that such work has been done according to law. $3458. ABANDONMENT.

Sec. 14. In addition to the provision of law now in force in respect to the abandonment of mining claims, they may be abandoned in the following manner: The owner or owners of any mining claim, wishing to abandon the same, may sign and acknowledge in the same manner provided by law for the acknowledgment of deeds, and file for record in the office of the county clerk, a certificate describing the same, stating when and by whom located, the name of the claim, the book and page where the notice of location of such claim is recorded; that he or they give up and abandon such claim, and that the same is open and subject to relocation. Upon the filing of such certificate, the mining claim therein described shall be considered abandoned and open to relocation as if the same had never been located, and the owner or owners thereof forever estopped from claiming any right or interest therein under the location mentioned in said certificate: Provided, That this provision for abandonment shall not apply to any claim or location upon which any mortgage, lien or other encumbrance exists. $3459. PLACER CLAIMS-HOW LOCATED.

SEC. 15. All public lands in the State of New Mexico chiefly valuable for the deposits of gypsum, fire-clay, petroleum oil, natural gas, alluvial deposits of gold, and all other material recognized by the laws of the United States as placer material may be located as placer mining claims as hereinafter provided. $3460. Id.--LOCATION NOTICE-CORNER POSTS.

SEC. 16. The locator or locators shall, at the time of making location of any placer mining claim, cause a notice of such location to be placed at a designated corner of the claim so located, stating the name of the claim, the purpose and the kind of material for which such claim is located, the name or names of the persons locating same; and, if located upon surveyed lands, such notice shall contain a description of such claim by its legal subdivision; if upon unsurveyed lands, such notice shall contain a description of such claim by metes and bounds, with reference to some known object or monument. And whether upon surveyed or unsurveyed lands each corner of such claim shall be marked by a wooden post at least four feet high, securely set in the ground, or by a substantial stone monument.

83461. Id.-LOCATION NOTICE--RECORDING-DISCOVERY

PROSPECTING FOR OIL AND GAS. SEC. 17. A duplicate of such location notice shall be filed and recorded in the office of the county clerk of the county wherein the land located is situate, within ninety days after such location is made and such notice placed on the claim as aforesaid; and, prior to filing said notice, the locator or locators must have a bona fide discovery of the mineral or material claimed in said notice or said location will be void and subject to re-location by another person or persons: Provided, however, That in cases where lands have been located for petroleum oil or natural gas, the locator or locators shall have the time from the date of the location to the end of the calendar year succeeding that in which the location is made, to make a discovery of petroleum oil or gas; Provided, further, That when lands have been located for petroleum oil or natural gas, or both, the locator or locators thereof shall have the right to the exclusive possession and occupancy of the lands embraced in said location for the purpose of prospecting for petroleum oil or natural gas, during the period of time provided in this section for making discovery of petroleum oil or natural gas or both.

83462. Id.-SIZE.

SEC. 18. The size of the claim or claims to be located under section 3459 to 3461, and the amount of annual assessment work to be done thereon in order to hold possession of and secure patent to the same, shall be the same as provided by Revised Statutes of the United States.

ARTICLE II. ACTIONS_CONTESTS--POSSESSION. Section 3463 Fjectment for recovery of mining claims. 3464 Contested claims-ejectment-possession immaterial. 3465 Id.-special verdict of findings-effect of pendency of suit. 3466 Id, working mine during pendency-waste. 3467 -measurements and surveys-right of entry. 3468 Id.—who may enter. 3469 Id.-notice of desire to enter. 3470 Id.--refusing entry effect-remedy. 5471 Id.-admissibility of evidence. 3472 Right of entry by stockholder. 3473 Id.--penalty for refusal.

1d.

3474 3475

Id.—who are stockholders.
Persons in possession-injunctions against trespass.

83463. EJECTMENT FOR RECOVERY OF MINING CLAIMS,

SEC. 20. An action of ejectment will lie for the recovery of the possession of a mining claim, as well as also of any real estate, where the party suing has been wrongfully ousted from the possession thereof, and the possession wrongfully detained.

83464.

POSSESSION IM

CONTESTED CLAIMS—EJECTMENT
MATERIAL.

SEC. 21. That when an application is made for a patent to a mine or mining claim under the laws of the United States by any person or persons, company or corporation claiming to own or have an interest therein, and such application is contested by any other person, persons, company or corporation in the Land Office of the United States, such person, persons, company or corporation may bring a suit of ejectment in the district court of the county in which the mine or mining claim is situated, for the recovery of the same, whether in or out of possession of such mine or claim, and the question as to who was in possession of the mine or claim at the time when the application was made for patent, or when the suit was begun, shall not be considered by the court, except as it may be necessary in determining the interests of the respective claimants, and their right to the possession of the mine or claim at the time when the application was made for patent, or when the suit was begun, shall not be considered by the court, except as it may be necessary in determining the interests of the respective claimants, and their right to the possession of said mine or claim.

83465.

EFFECT OF

Id. SPECIAL VERDICT OR FINDINGS
PENDENCY OF SUIT.

SEC. 22. The court, in an action for the recovery of a mine or mining claim where a patent is applied for, and the contest is pending in the land office of the United States, may, upon motion of either party to the suit, require the jury to return a special verdict, if tried by a jury; if not, then by a judge trying the same shall make a special finding as to the particular interest each party owns in the mine or claim in dispute, under and by virtue of the mining laws of the United States, which special verdict or finding shall be entered into the judgment and upon the record of the court trying the same: Provided, however, There shall be no special verdict by the court or jury, except where the evidence shows both parties to the suit to have a bona fide interest in the mine or claim sued for: And, provided further, That no third person who may have entered upon such mining claim or any part thereof, for the purpose of locating or claiming the same before or during such litigation in the district court growing out of any contest in any United States land office in this state, shall acquire any interest either at law or in equity in the claim or any part thereof in dispute, and shall be deemed and declared a trespasser or trespassers, unless he or they have been, or may, during the pendency of such litigation in the district court resulting from such contest in the United States land office, by a proper application to the court, be made party or parties to such suit adverse to either of such litigants, or both, or shall have taken such legal steps to assert hja or their claim in a court of competent jurisdiction within six months after the commencement of such contest in the United States land office.

88466. Id.-WORKING MINE DURING PENDENCY-WASTE.

SEC. 23. That nothing in the two preceding sections shall prohibit the working and development of a mine or mining claim by either party in interest who may be in possession of the mine or claim during the pendency of the suit, nor prohibit any one from bringing action for damages, or a suit in equity to prevent waste.

88467.

Id.-MEASUREMENTS AND SURVEYS-RIGHT OF EN-
TRY.

SEC. 24. In all actions at law, or suits in equity, in any of the district courts of this state, wherein the title or right of possession to any mining claim, or ores and minerals is in dispute, any party to such action or suit shall have the right to go upon or enter the workings of said mining claim for the purpose of measuring or surveying the same, either upon the surface or in the workings thereof, peaceably, and without molesta

the costs and expenses of such measurement or survey to be paid by the party for whose use and benefit the same was done.

tion;

83468. Id.---WHO MAY ENTER.

SEC. 25. The right to go upon and enter said mining claim

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