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AN ACT to amend an act entitled "An act relating to the discovery of gold and silver quartz-lodes in Lemhi county, and the manner of
their location". (Sess. Laws, 1879, p. 59.) SECTION 1. That an act entitled "An act relating to the discovery of gold and silver quartz-lodes in Lemhi county, and the manner of their location”, approved January 9th, 1877, be, and the same is hereby, amended:
"SEC. 2. Lines 8, 9, 10, and 11 to read as follows: That the recorder shall be entitled to receive the sum of three dollars for each and every claim so recorded”.
SEC. 2. This act shall take effect and be in force from and after its passage.
Note.—This act was repealed by “An act relating to the location and recording of mining-claims”, approved February 10, 1981. (Gen. Laws, 1880-'81, p. 262).
AN ACT to repeal an act relating to quartz-claims in the first judicial district, etc. (Approved February 17, 1879; Sess. Laws, 1879, p. 48.)
SECTION 1. That an act entitled "An act relative to quartz-claims in the first judicial district of this territory, embracing the counties of Idaho, Nez Percé, Shoshone, Lahtoh, and Kootenai”, approved January 12th, 1866, be, and the same is hereby, repealed.
SEC. 2. This act to take effect and be in force from and after its passage.
AN ACT to repeal the second section of an act entitled “An act relating to the discovery of gold and silver quartz-lodes, and of the manner
of their location”, approved January 12, 1866. (Approved February 21, 1879; Sess. Laws, 1879, p. 29.) SECTION 1. That the second section of an act entitled "An act relating to the discovery of gold and silver quartzlodes, and of the manner of their location”, approved January 12th, 1866, be, and the same is hereby, repealed.
SEC. 2. That all locations hereafter made shall be made in conformity with, and pursuant to, the provisions of the act of Congress of May 10th, 1872: Provided, That all locations made prior to the passage of this act, in accordance with the act of Congress of May 10th, 1872, are hereby legalized and confirmed: Provided further, That nothing in this act shall be so construed as to invalidate the vested rights of discoverers and locators.
SEC. 3. This act to take effect and be in force from after its passage.
NOTE.—This act was repealed by "An act relating to the location and recording of mining-claims”, approved February 10, 1881 (Gen. Laws, 1880–81, p. 262).
GENERAL LAWS OF 1880-1881: CODE OF CIVIL PROCEDURE.
PRELIMINARY PROVISIONS. SECTION 1. This act takes effect at twelve o'clock, noon, on the twenty-first day of May, eighteen hundred and eighty-one, and shall be known, and may be cited, as the Code of Civil Procedure.
SEC. 2. No part of it is retroactive, unless expressly so declared.
SEC. 3. The rule of the common law that statutes in derogation thereof are to be strictly construed has no application to this code. The code establishes the law of this territory respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
SEC. 4. The provisions of this code, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not as new enactments.
SEC. 440. The following property is exempt from execution, except as herein otherwise specially provided:
5. The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars ; also, his sluices, pipes, hose, windlass, derrick, cars, pumps, and tools, not exceeding in value two hundred dollars.
CHAP. XLVIII.- ENFORCEMENT OF LIENS.
See. 815. Liens of mechanics and others.
821. Liens upon two or more pieces of property, each to be designated. 616. Subcontractors and others.
822. Claim to be recorded.
823. Time of continuance. 819. Effect of liens.
824. Subcontractors. €20. Claim of lien.
[The residne of above chapter relates to matters other than mines, and to the enforcement of liens, and is not essential to the purpose of this quotation, viz, the existence of the lien.]
SECTION 815. Every person performing labor upon, or furnishing materials to be used in, the construction, alteration, or repair of any mining.claim, building, wharf, bridge, ditch, flume, tunnel, fence, machinery, railroad,
wagon-road, aqueduct to create hydraulic power, or any other structure, or who performs labor in any mining-claim, has a lien upon the same for the work or labor done or materials furnished by each respectively, whether done or furnished at the instance of the owner of the building or other improvement, or his agent, but the aggregate amount of such liens must not exceed the amount which the owner would be otherwise liable to pay. SEC. 816. Any subcontractor, material-man, laborer, or other person, performing labor or furnishing materials for a contractor, who is entitled to a lien under the provisions of the last section may, at any time, serve upon the owner, or his agent, or the person employing the contractor, written notice of the amount due him for such labor or materials, and such subcontractor, material-man, laborer, or other person may have alien for such amount, but not exceeding the amount, then or thereafter due such contractor from such owner or person employing him under the contract. And any person furnishing materials or performing labor for a subcontractor may, by like notice to the
contractor, be subrogated to the rights of such subcontractor.
SEC.'819. The liens provided for in this chapter are preferred to any lien, mortgage, or other incumbrance which may have attached subsequent to the time when the building, improvement, or structure was commenced, work done, or materials were commenced to be furnished; also, to any lien, mortgage, or other incumbrance of which the lienholder had no notice, and which was unrecorded at the time the building, improvement, or structure was commenced, work done, or the materials were commenced to be furnished. SEC. 820. Every original contractor, within sixty days after the completion of his contract, and every person, save the original contractor, claiming the benefit of this chapter, must, within thirty days after the completion of any building, improvement, or structure, or after the completion of the alteration or repair thereof, or the performance of any labor in a mining-claim, file for record with the county recorder of the county in which such property, or some part thereof, is situated, a claim containing a statement of his demand after deducting all just credits and offsets, with the name of the owner or reputed owner, if known, and also the name of the person by whom he was employed, or to whom he furnished the material, with a statement of the terms, time given, and conditions of his contract, and also a description of the property to be charged with the lien, sufficient for identification, which claim must be verified by the oath of himself or some other person. SEC. 821. In every case in which one claim is filed against two or more buildings, mining-claims, or other improvements owned by the same person, the person filing such claim must at the same time designate the amount due to him on each of such buildings, mining-claims, or other improvements; otherwise the lien of such claim is postponed to other liens. The lien of such claimant does not extend beyond the amount designated as against other creditors having liens by judgment, mortgage, or otherwise upon either of such buildings or other improvements, or upon the land upon which the same are situated. SEC. 822. The recorder must record the claim in a book kept by him for that purpose, which record must be indexed as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees as are allowed by law for recording deeds and other instruments. SEC. 823. No lien provided for in this chapter binds any building, mining-claim, improvement, or structure for a longer period than ninety days after the same has been filed, unless proceedings be commenced in a proper court within that time to enforce the same; or, if a credit be given, then ninety days after the expiration of such credit; but no lien continues in force for a longer time than two years from the time the work is completed by any agreement to give credit. SEC. 824. All persons entitled to liens on the structure or improvement, except those who contracted with the owner thereof, are subcontractors, and the court in the judgment must direct the amount due subcontractors to be paid out of the proceeds of sales before any part of such proceeds are paid to the contractor.
CHAP. XXXIII-ACTIONs To DETERMINE CONFLICTING CLAIMs To REAL PROPERTY, AND other PRovisions RELATING TO ACTIONS CONCERNING REAL ESTATE.
# # # # # * # # * SECTION 486. In actions respecting mining-claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing such claim; and such customs, usages, or regulations, when not in conflict with the laws of this territory, must govern the decision of the action.
CHAP. L.-VolunTARY Dissolution of CoRPoRATIONs.
844. How dissolved. - 848. Objections may be filed.
847. Filing application and publication of notice.
SECTION 844. A corporation may be dissolved by the district court of the county where its office or principal place of business is situated, upon its voluntary application for that purpose.
SEC. 845. The application must be in writing, and must set forth: 1. That at a meeting of the stockholders or members, called for that purpose, the dissolution of the corporation was resolved upon by a two-thirds vote of all the stockholders or members. 2. That all claims and demands against the corporation have been satisfied and discharged. SEC. 846. The application must be signed by a majority of the board of trustees, directors, or other officers having the management of the affairs of the corporation, and must be verified in the same manner as a complaint in a civil action. * * SEC. 847. If the judge is satisfied that the application is in conformity with this chapter, he must order it to be filed with the clerk, and that the clerk give not less than thirty days' notice of the application, by publication in some newspaper published in the county, and if there are none such, then by advertisements posted up in three of the principal public places in the county. SEC. 848. At any time before the expiration of the time of publication any person may file his objections to the application. SEC. 849. After the time of publication has expired, the court may, upon five days' notice to the persons who have filed objections, or without further notice if no objections have been filed, proceed to hear and determine the application; and if all the statements herein made are shown to be true, he must declare the corporation dissolved. SEC. 850. The application, notices, and proof of publication, objections (if any), and declaration of dissolution constitute the judgment roll, and from the judgment an appeal may be taken as from judgments of the county CourtS.
CHAP X.—OF THE TIME OF COMMENCING CIVIL ACTIONS.
# :* # # * * * * # SECTION 143. No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the property in question within five years before the commencement of the action; and this section includes possessory
rights to lands and mining-claims.
SEC. 146. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title, unless it appear that the property has been held and possessed adversely to such legal title for five years before the commencement of the action.
AN ACT relating to the location and recording of mining-claims. (Approved February 10, 1881; Gen. Laws, 1880–81, p.262.)
SECTION 1. The mining-claims hereafter located, upon veins or lodes of quartz or other rock in place bearing any of the precious or other metals mentioned in section 2320 of the Revised Statutes of the United States, may extend to three hundred (300) feet on each side of the middle of the vein or lode: Provided, That when the locators have set the stakes, posts, or monuments described in the next section, to indicate the line of the vein, ledge, or lode, such stakes, posts, or monuments shall be taken, for the purposes of said location, to mark correctly the line thereof, and such line shall not be afterwards changed so as to affect the rights acquired or interfere with any locations made subsequently thereto. SEC. 2. The locators of any mining-claim shall, at the time of making the location, place a substantial stake or post, not less than four (4) inches square or in diameter, at each end of the ground claimed, and as near as practicable along the course or line of the vein or ledge, and also a similar stake or post at each corner of the location. Such stakes or posts shall be at least four (4) feet high above the surface, and shall each be marked distinctly with the name of the claim. The notice of location hereinafter mentioned shall be conspicuously attached to one of said center end-posts, so that the same may be easily read; or it shall be conspicuously posted in like manner at the point of discovery and prospecting work on the claim. Where stakes or posts cannot be conveniently had, well-built monuments of stone, of the like height above the surface, will answer the purpose of stakes or posts, but the notice must be so placed on the side of such monument as to be readily seen. SEC. 3. The notice shall contain the date of the location, the names of the locators, the name of the claim, ledge, or lode, the quantity in feet claimed along the ledge or lode, the width claimed from the middle of the vein, and shall also give such a description of the locality of the claim, by reference to natural land-marks or fixed objects and contiguous claims, if there be any, as to render the situation of the same reasonably certain from the letter of the notice itself. SEC. 4. Every claim shall be recorded, within fifteen (15) days from the time of the posting of the notice, in the district in which the same is situated or at the nearest office to the claim. For the convenience of prospectors and locators the county recorders of the several counties shall appoint a deputy at any place where he may deem it
necessary, and at all places more than ten (10) miles distant from an existing office, whenever ten or more mining locators interested shall petition for the appointment of such deputy. Upon the failure of any recorder to make the appointment of a deputy for ten days after a petition in writing shall have been presented to him, the resident miners at such district may appoint temporarily one of their number to act as recorder of the district, whose records shall be as valid as if made by a deputy, and whose records shall be entered by the recorder as hereinafter required: Provided, That whenever at any time afterwards the recorder shall appoint a deputy for such district or place, the anthority of the person elected by the resident miners shall cease.
SEC. 5. At the time of presenting a notice of location for record, or within five (5) days thereafter, one of the locators named in the same shall appear before the deputy and make and subscribe an affidavit in writing, on or attached to the notice to be administered by said deputy, substantially in the following form, to wit:
TERRITORY OF IDAHO,
County of , 88: I,
do solemnly swear that I am acquainted with the mining ground described in the notice of location herewith, called the ledge, lode, or claim, and that the ground and claim therein described, or any part thereof, has not, to the best of my knowledge and belief, been heretofore located according to the laws of the United States and of this territory; or, if so located, that the same has been abandoned or forfeited by reason of the failure of such former locators to comply, in respect thereto, with the requirements of said laws.
Subscribed and sworn to before me, this day of - A. D. 18—
A. B., -,
SEC. 6. The notice herein required to be recorded is a copy of the notice placed upon the claim, or substantially a copy of the same. It shall be recorded by the deputy appointed for the district, or the person elected for that purpose, as above provided (when the legal fee therefor shall be tendered), in a book to be kept for that purpose. Said book shall be indexed, with the names of all locators arranged in alphabetical order, according to the first letter of the family or surname of each. The fee to be tendered for making such record, administering the oath to the locator, and certifying the same, for indexing the names appearing upon the notice, and to include the recording of the notice by the recorder, as hereinafter required, and the indexing by said recorder shall be three ($3) dollars, which fee shall be equally divided between the recorder and the deputy, or person acting under an election as hereinabove provided, and no other or additional sum of money shall be demanded or received by either or any of them for any services connected with the recording of any notice of location made pursuant to the requirements of this act.
SEC. 7. The deputy recorder of mining-claims of each district, or the person elected, as hereinabove provided, to make the record in case of the failure of the recorder to appoint a deputy, shall, at least once in each month, transmit to the recorder, at the county-seat, all the notices of location filed with him for record and not previously transmitted, which shall at once be recorded by said recorder in a book to be kept in his office, and be known as the book of mining.claims. The names of all persons appearing in every notice of location shall be indexed by the recorder, said names being arranged in said index in alphabetical order according to the first letter of the surname of said locators..
SEC. 8. The deputy recorders provided for in this aet shall not, by virtue of the provisions hereof, be authorized to perform any other than the special duties herein specified. They shah keep an official seal, and the records in their custody shall be public records, but the seal of a deputy recorder shall not be attached to any paper except for the purpose of authenticating certificates attached to transcripts of the records in his custody as deputy recorder.
Sec. 9. Any person who shall willfully and maliciously tear or take down or destroy any notice posted on any claim, or remove or take down any stake, post, or monument placed or erected for the purpose of marking or indicating any mining.claim or the line of the vein, ledge, or lode, with the intent to destroy or impair the evidence of such location, shall be deemed guilty of a misdemeanor, and on conviction thereof, before any justice of the peace of the county, may be punished by fine in any sum not exceeding one hundred ($100) dollars, or imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.
SEC. 10. An act relating to the discovery of gold and silver quartz-lodes, and the manner of their location, approved January 12, 1866; an act supplemental to and amendatory of said act, approved January 4, 1877; an act relating to the recording of quartz-claims in Owyhee and Alturas counties, and fixing the fees thereof, approved January 15, 1875; an act relating to the discovery of gold and silver quartz-lodes in Lemhi county, and the manner of their location, approved January 9, 1877; an act relating to the discovery of gold and silver quartz-lodes in Lemhi county, and the manner of their location, approved February 21, 1879, and all other acts and parts of acts in conflict or inconsistent with the provisions of this act, are hereby repealed.
SEC. 11. This act shall take effect and be in force from and after the passage thereof.
AN ACT to amend an act entitled “An act concerning rights of way, easements, and other necessary means for the development of mines”, approved January 12th, 1877. (Approved January 7, 1881; Gen. Laws, 1880–81, p.266.)
SECTION 1. Section two of the act concerning rights of way, easements, and other necessary means for the development of mines, approved January 12th, 1877, is amended to read as follows:
“SEC. 2. Whenever any mine or mining-claim shall be so situated that, for the more convenient enjoyment of the same, a road, railroad, or tramway therefrom, or a ditch or canal to convey water thereto, or a ditch, flume, cut, or tunnel to drain or convey the water or tailings therefrom, or a tunnel or shaft may be necessary for the better working thereof, which road, railroad, tramway, ditch, canal, flume, cut, shaft, or tunnel may require the use or occupancy of lands or mining ground owned, occupied, or possessed by others than the person or persons or body corporate requiring an easement for any of the purposes described, then shall the owners of the mine or miningclaim first above mentioned be entitled to a right of way, entry, and possession for all the uses and privileges for such road, railroad, tramway, ditch, canal, flume, cut, shaft, or tunnel in, upon, through, and across such other lands or mining-claims, upon compliance with the provisions of this act”.
SEc. 2. This act shall take effect from and after its passage.
AN ACT to regulate the right to the use of water for mining, agricultural, manufacturing, and other purposes. (Approved February 10 1881; Gen. Laws, 1880–81, p. 267.)
RIGHT TO USE OF WATER.
SECTION 1. The right to the use of water flowing in a river, creek, cañon, ravine, or other stream may be acquired by appropriation, and as between appropriations priority in time shall, subject to the provisions of this act, secure the priority of right. SEC. 2. The appropriation must be in good faith for some useful and beneficial purpose, and when once perfected may be converted or changed to any other beneficial use than that originally designated or for which it may have been employed. - - SEC. 3. The appropriator, or his or their successors in interest, may change the place of diversion, if the rights acquired by others are not thereby interfered with and no injury to others therefrom results, and may also extend any ditch, canal, flume, pipe, or other conduit to points or places beyond such as may have been designated or first used, saving the rights which may have accrued prior to such extension. SEC. 4. A person, company, or corporation desiring to appropriate water must post a notice in writing in as conspicuous a place as possible at the point of intended diversion, stating therein: First, the quantity of water which is intended to be claimed and diverted, giving the number of inches, measured under a four-inch pressure, and accurately describing the point of its diversion. Second, the purpose for which the same is claimed and intended to be used, and the point or place of such intended use. Third, the means which are designed to be employed for diverting and conducting such waters, and the size or dimensions of the ditch, canal, pipe, flume, or other conduit therefor. A copy of the notice must, within the time allowed in case of a mining-claim, be furnished for record to the officer of the county or district whose duty it may be to make record of mining-claims; which said officer shall be entitled to the same fees for recording such notice as may be fixed by law for recording notice of a mining-claim: Provided, That when the notice of such claim to water is accompanied by a descriptive survey of the proposed work, or by a map of the same, such officer shall be entitled to the same fees as shall be fixed by law for recording deeds of conveyance. . SEC. 5. Within sixty days after the notice is posted, the claimant, or his or their successors in interest, must commence the making, digging, or constructing of the ditch, canal, flume, or other conduit by means of which it is intended to divert and conduct the waters claimed; and the work for the complete diversion and conducting of said waters shall be prosecuted diligently and without unnecessary interruption: Provided, That when such work cannot be carried on by reason of unavoidable natural causes, such as the state of the weather or the action of the elements, the same shall be resumed as soon as practicable after such causes of delay are removed. SEC. 6. By “complete diversion”, as used in the last section, is meant the conducting of the waters claimed to the place of intended use as described in the notice, or to such other place as may have been adopted, and an actual beneficial use thereof made. SEC. 7. By a compliance with the above conditions and requirements the appropriation is perfected, and the right to the use of the waters claimed, which the ditch, canal, flume, or other conduit is capable of conducting, is hereby declared to relate back to the time of the posting of notice of claim: Provided, That nothing in this section contained shall be so construed as to render any person or party liable to damages or to make compensation to any appropriator for any waters used prior to the time of a “complete diversion” thereof, as defined in the last preceding section. SEc. 8. All ditches, canals, and other works heretofore made, constructed, or provided, and by means of which the waters of any stream have been diverted and applied to any beneficial use, shall be taken to have secured the right to the waters claimed to the extent of the quantity which said works are capable of conducting, and not exceeding the quantity claimed, without regard to, or compliance with, the requirements of this act.