of the lode, the name of the locator, and the date of discovery. Third-By marking the surface boundaries of the claim.

$223. Marking surface boundaries.-SEC. 6. Such surface boundaries shall be marked by six sub1816 stantial posts, hewed or marked on the side or sides which are in toward the claim, and sunk in the ground, to-wit: One at each corner, and one at the center of each side line. Where it is practically impossible, on account of bed rock, to sink such posts, they may be placed in a pile of stones, and where in marking the surface boundaries of a claim any one or more of such posts shall fall by right upon precipitous ground, where the proper placing of it is impracticable or dangerous to life or limb, it shall be legal and valid to place any such post at the nearest practicable point, suitably marked to designate the proper place1.

1 Amendment of 1876.

§ 224. Substitute for discovery shaft.-SEC. 7. Any open cut, cross cut or tunnel which shall cut a lode 1817 at the depth of ten feet below the surface, shall hold such lode, the same as if a discovery shaft were sunk thereon, or an adit of at least ten feet in along the lode, from the point where the lode may be in any manner discovered, shall be equivalent to a discovery shaft.

$ 225. Time for sinking discovery shaft.-SEC. 8. The discoverer shall have sixty days, from the time of uncovering or disclosing a lode, to sink a discovery shaft thereon.

1818

§ 226. What location includes.-SEC. 9. The loca1819 tion or location certificate of any lode claim shall be construed to include all surface ground within the surface lines thereof; and all lodes and ledges

throughout their entire depth, the top or apex of which lie inside of such lines extended downward vertically, with such parts of all lodes or ledges as continue by dip beyond the side lines of the claim; but shall not include any portion of such lodes or ledges beyond the end lines of the claim, or the end lines continued, whether by dip or otherwise, or beyond the side lines in any other manner than by the dip of the lode.

§ 227. Lodes not followed beyond lines on the strike.-SEC. 10. If the top or apex of a lode in its 1820 longitudinal course extends beyond the exterior lines of the claim at any point on the surface, or as extended vertically downward, such lode may not be followed in its longitudinal course beyond the point where it is intersected by the exterior lines.

§ 228.

1821

Right of way for ditches and flumes. SEC. 11. All mining claims now located, or which may be hereafter located, shall be subject to the right of way of any ditch or flume for mining purposes, or of any tramway or pack trail, whether now in use, or which may be hereafter laid out across any such location: Provided, always, that such right of way shall not be exercised against any location duly made and recorded, and not abandoned prior to the establishment of the ditch, flume, tramway or pack trail, without consent of the owner, except by condemnation, as in case of land. taken for public highways. Parol consent to the location of any such easement, accompanied by the completion of the same over the claim, shall be sufficient without writings; and, provided further, that such ditch or flume shall be so constructed that the water from such ditch or flume shall not injure vested rights by flooding or otherwise.

§ 229. Security of surface rights.-SEC. 12. When the

right to mine is in any case separate from the owner1822 ship 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:

who be

dollars' worth of work or

Before me, the subscriber, personally appeared ing duly sworn, saith that at least

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.

1825

Relocation of abandoned claims.-SEC. 15. The relocation of abandoned lode claims shall be 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. Ju 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.