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lode, shall be construed to mean one hundred feet of the length of such lode, surface measurement, of the entire width of such lode or crevice; Provided, That in any case where the regulations of any mining district have heretofore defined the term claim to mean other than as above defined, nothing in this chapter shall be so construed as to impair the rights of any person or persons holding claims under such regulations as may have been heretofore established by the people of the district in which such claim or claims are situated.

* These numbers in the side correspond to the numbers of para graphs in the "General Laws."

§ 205. Right of way for water.-SEC. 2. Whenever any person or persons are engaged in bringing 1798 water into any portion of the mines, they shall have the right of way secured to them, and may pass over any claim, road, ditch, or other structure; provided, the water be guarded so as not to interfere with prior rights.

§ 206. Security of surface rights.-SEC. 3. No person shall have the right to mine under any 1799 building or other improvement, unless he shall first secure the parties owning the same against all damages except by priority of right.

If any

§ 207. Record of tunnel claims.-SEC. 4. person or persons shall locate a tunnel claim, for 1800 the purpose of discovery, he shall record the same, specifying the place of commencement and termination thereof, with the names of the parties interested therein. § 208. Tunnel claims defined.—SEC. 5. Any person or persons engaged in working a tunnel, within 1801 the provisions of this chapter, shall be entitled to two hundred and fifty feet each way from said tunnel, on

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each lode so discovered; provided, they do not interfere with any vested rights. If it shall appear that claims have been staked off and recorded prior to the record of said tunnel, on the line thereof, so that the required number of feet cannot be taken near said tunnel, they may be taken upon any part thereof where the same may be found vacant; and persons working said tunnel shall have the right of way through all lodes which may lie in its course.

§ 209. Cross lodes, or lodes uniting.-SEC. 6. When it shall appear that one lode crosses, runs into, or 1802 unites with any other lode, the priority of record shall determine the rights of claimants; provided, That in no case where it appears that two lodes have crossed one another, shall the priority of record give any person the privilege of turning off from the crevice or lode which continues in the same direction of the main lode upon which he or they may have recorded their claim or claims, but such person or persons shall, at all times, follow the crevice running nearest in the general direction of the main lode upon which he or they may have recorded their claim or claims.

§ 210. Two crevices the same lode.-SEC. 7. Where two crevices are discovered at a distance from each 1803 other, and known by different names, and it shall appear that the two are one and the same lode, the persons having recorded on the first discovered lode shall be the legal owners.

§ 211. Flooding claims.-SEC. 8. In no case shall any person or persons be allowed to flood the property 1804 of another person with water, or wash down the tailings of his or their sluice upon the claim or property

of other persons; but it shall be the duty of every miner to take care of his own tailings upon his own property, or become responsible for all damages that may arise therefrom.

§ 212. Right of way for hauling quartz.-SEC. 9. Every miner shall have the right of way across any and all claims for the purpose of hauling quartz from his claim.

1805

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§ 213. Soldiers' claims-When forfeited.-SEC. 10. All claims taken up and recorded by persons who have, since the recording of the same, enlisted in the army of the United States, or the volunteer force of this state, shall be deemed and held as real estate for a period of two years from the expiration of their term of enlistment or discharge from service; after which time, if not represented by the said soldier or soldiers, all such claims shall be forfeited to any person who may take up the same.

§ 214. District records-Transcripts used as evidence.-SEC. 11. A copy of all the records, laws, 1807 and proceedings of each mining district, so far as they relate to lode claims, shall be filed in the office of the county clerk of the county in which the district is situated, within the boundaries of the district attached to the same, which shall be taken as evidence in any court having jurisdiction of the matters concerned in such record or proceeding; and all such records of deeds and conveyances, laws and proceedings of any mining district heretofore filed in the clerk's office of the proper county, and transcripts thereof duly certified, whether such record relate to gulch claims, lode claims, building lots, or other real estate, shall have the like effect as evidence.

AN ACT FOR THE RELIEF OF PRE-EMPTORS AND LOCA-
TORS OF VEINS OR LODES OF QUARTZ OR OTHER ROCK
ON THE MINERAL LANDS OF THE PUBLIC DOMAIN.1
1 From Session Laws 1870.

$215. Locations to conform to act of Congress.— SECTION 1. No statutory law of the state [terri

1808 tory] of Colorado shall be so construed as to prohibit the location of three thousand feet or less on any vein or lode in the manner prescribed in Section 4 of an act of Congress, approved July twenty-six, one thousand eight hundred and sixty-six, entitled "An act granting the right of way to ditch and canal owners over the public lands," and for other purposes; nor to prejudice any rights to obtain patents for the same as provided in said act.

§ 216. Validating former pre-emptions and locations.-SEC. 2. All pre-emptions and locations of 1809 three thousand feet or less on any vein, lode, or ledge, made since the passage of the said act of Congress, and conforming to the same, shall be good and valid.

§ 217. Prior rights.-SEC. 3. Nothing in this act shall be so construed as to prejudice any rights acquired prior to the passage of this act.

1810

AN ACT CONCERNING MINES.1

1 From Session Laws of 1874.

§ 218. Length of lode claims.-SEC. 1. The length of any lode claim hereafter located may equal but 1811 not exceed fifteen hundred feet along the vein.

§ 219. Width of lode claims.-SEC. 2. The width of lode claims hereafter located in Gilpin, Clear Creek, Boulder and Summit counties, shall be seventy-five feet on each side of the center of the vein or

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crevice; and in all other counties the width of the same shall be one hundred and fifty feet on each side of the center of the vein or crevice: Provided, That hereafter any county may at any general election, determine upon a greater width, not exceeding three hundred feet on each side of the center of the vein or lode, by a majority of the legal votes cast at said election, and any county, by such vote at such election, may determine upon a less width than above specified.

§ 220. Recording.-SEC. 3. The discoverer of a lode shall, within three months from the date of dis1813 covery, record his claim in the office of the recorder of the county in which such lode is situated, by a location certificate, which shall contain: First-The name of the lode. Second-The name of the locator. Third-The date of location. Fourth-The number of feet in length claimed on each side of the center of discovery shaft. Fifth-The general course of the lode as near as may be.

§ 221.

1814

What location certificate to contain.-SEC. 4. Any location certificate of a lode claim which shall not contain the name of the lode, the name of the locator, the date of location, the number of lineal feet claimed on each side of the discovery shaft, the general course of the lode, and such description as shall identify the claim with reasonable certainty, shall be void.

§ 222. Location and boundaries.-SEC. 5. Before filing such location certificate, the discoverer shall 1815 locate his claim by: First-Sinking a discovery shaft upon the lode to the depth of at least ten feet from the lowest part of the rim of such shaft at the surface, or deeper, if necessary to show a well defined crevice. Second-By posting at the point of discovery, on the surface, a plain sign or notice containing the name

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