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On April 30th, 1877, Carr received the following: **T. H. "CARR, Esq.
"Sir: Your petitioners would respectfully ask that a meeting of the quartz miners of Whitewood Quartz District, be called in conformity with section (9) of the laws of said district for the purpose of changing a portion of section twelve (12) of said laws, and for the transaction of such businees as may legally come before the meeting”.
This was signed by W. M. Ball, James Ryan, John Sinclair, H. H. Reed, E. F. Gallaher, M. Goldman, L. P. Elliott, and D. Jones, and in accordance with the petition, the following notice was given:
MAY 25th, A. D. 1877. To all whom it may concern :
Notico is hereby given that a meeting of the quarta miners of Whitewood District will be held at the house of Thomas Hanley, in Gayville, on the 8th day of June, A. D., 1877, at 7 o'clock, P. M., to transact important business relative to the records of Whitewood District.
The meeting duly convened and J. H. S. Coleman was elected president and Wm Lardner secretary.
On motion, and by a unanimous vote the following portion of Sec. 12, to-wit: “And in the event of the organization of a county in this district, he shall turn over to the recorder of the county all the records of this office when such organization is completed,” and the whole of section 14 be repealed.
(NOTE—It will be noticed that there is a great discrepancy in numbers concerning the sections acted upon. As I am simply copying the originals, I do not pretend to reconcile or explain these differences, being concerned only in facts and accurate fac similes of papers. Grayson P. Mac Arthur, Special Expert. )
In the latter end of August, about the 28th, the following notice was posted:
“Notice is hereby given that a meeting of the miners of Whitewood Quartz Mining District, will be held in the house of Thomas Campbell, of Chayville, on the 7th day of September, 1877, at 7 o'clock, P. M., for the purpose of electing a recorder to fill the vacancy caused by the death of the late recorder, Thomas H. Carr, who was killed by the Indians, August 27th A. D. 1877.
"J. B. CARR." The meeting convened, and then adjourned to the office of the deputy recorder, on placer claim No. 4 of Deadwood Gulch above discovery.
On motion, J. B. Carr, was elected for the year ending March 6th 1879. Wm H. Brown was chairman, and J. B. Carr, secretary.
IDAHO COUNTY.-MEADOW CREEK MINING DISTRICT.
MINING LAWS OF MEADOW CREEK DISTRIOT AS PASSED AT A MASS MEETING OF THE MINERS OCT. 11TA 1862.
This District shall be known as the Meadow Creek district and the limits of said district shall be as follows:
Cominencing at the cannon on Meadow creek, and running up said creek to Warren's creek including all the tributaries of Meadow and Warren Creek to the line of Summit Flat District.
Art. 1. Each person mining in this District shall be entitled to four claims, a hill claim a creek claim a gulch claims and a quartz claims or a side claim a hill claim a gulch claim and a quartz claimn.
ART. 2. The limits of each creek side and gulch claim shall be one hundred and fifty feet in length running up and down the creek fat or gulch and two hundred feet wide-Hill claims shall be two hundred feet in front and extend back to the center of the bill.
ART. 3 No claim shall be considered a gulch claim that can be worked with sluices during the Summer months.
ART. 4. Claims shall be distinctly marked by notices at the end of the bounds thereof in the name of the claimant and no more ground shall be deemed claimed than is included in such notices.
Art. 5. Any person who shall by proof pull down remove or destroy any notice on any mining claim or the laws of this District shall be fined in any sum that the miners court of enquiry may direct.
Art. 6. The creek shall be entitled to all the water running in their natural channel from and after the first day of Aug. 1862.
Art. 10. Any party or parties holding claims who may be incapable by accident or sickness from working the same all their rights shall be respected.
ART. 11. When a partner or partners may have to absent themselves from their claims or business the remaining partner or his or their agent shall be sufficient to to hold or represent his or their intrests until his or their return.
Sec. 12 All persons having difficulties shall settle them by arbitration at a miners meeting.
Art. 13. There shall be a recorder of this mining district chosen who shall be paid a fee of one dollar for recording each mining claims, the recorder shall have custody of the books and laws of this mining district and shall hold his office at the option of the miners.
Art. 14. It shall be the duty of the recorder to convene a miner's meeting by notice at the call of all disputants and preside at the same, and for such services he shall be paid the sum of six dollars, all all arbitrators and witnesses called to arbitrato or testify in a mining suit shall be allowed the sum of three dollars for such services said sum in connection with the recorders fee shall be paid by the parties litigant.
Sec. 15. Every person holding a mining claim shall have it recorded within fifteen days from the date of location.
ART. 16 No transfer or sale of claims shall be considered valid unless it appears on the record and the recorder shall receive ono dollar for the transfer
Art. 17. When two or more claims join together and are worked by companies such companies can work any portion of such claims as they may deem expident and not forfeit the rest.
ART. 18. No claims shall be considered workable from the first of October to the 1st of June and one member of a company or their agent shall be deemed sufficient to represent the companies interest during that time.
Art. 19. Any person or persons locating water privileges for the purpose of conveying water from one point to another within the limits of this district shall declare their intention of doing so by a notice posted in a conspicious place and have the line of said ditch surveyed and recorded within two weeks from the location there of or it shall be considered forfeited if actual work is not commenced and prosecuted there on within four months from date of its location.
Art. 20. These laws are to take effect and be in full force from and after their adoption.
ART. 21. Any person who turns the water from its natural channel shall confine the same in a ditch dug sufficiently large for that purpose and those who liave already turned the water without digging a ditch as mentionod will be required to do so within five days after the passage of this article or if they fail to do so they will be required to turn the water back into the natural channel of Meadow and Warren's Creeks.
Art. 22. Each and every claim holder will be required to confine his tailings upon his own ground and not encumber the ground of another person with such tailings provided that this article shall not be construed to prevent persons from dumping his tailings upon vacant ground or cluims located subsequently to his using the same.
ART. 23. The said claims shall be entitled to all the surplus water running in Meadow and Warrens Crecks at all seasons of the year.
ART. 24. Creek, side, hill or gulch claims shall be considered forfeited unless faithfully worked at least one full day in each fifteen from 1st of June to Oct. 1st.
ART. 25. Hill and gulch claims shall not be considered forfeited if after due diligence on the part of the claimant sufficient water cannot be obtained to work such claims to advantage, twelve inches shall entitlo the claimant to the benefit of this article
ART. 26. All mining claims on the Meadows from Strattons Creek down to the termination of this district shall be entitled to the full width of said Meadows from rim rock to rim rock.
At a regular meeting held Oct. 1st it was passed that the recorder be elected by ballot.
At a miners' meeting convened at Manuel's saloon on Friday 21st Aug. 1868 the following article having been read and voted on was added by a majority vote to the existing laws.
ART. 27. No person or persons shall be allowed to use water of Warren's or Meadow Creeks for purpose of ground sluicing eithor upon hill, gulch, side or creek Claims after the first day of August of each year, and any person or persons who shall use the water of said creoks for said ground sluicing purposes after said date and at any time of the year except during the months of April, May, June and July shall be deemed guilty of committing a nuisance which the miners may lawfully abate.
Dated Oct. 11th 1862 and Aug. 21 1868.
OWYHEE COUNTY,-CARSON MINING DISTRICT.
LAWS AND RESOLUTIONS.
At a called meeting of the miners of Jordan Creek, Idaho Territory May 28th 1863 the following Preamble, Laws and Resolutions were adopted to govern hereafter this mining district.
Whereas:-We tho undersigned a Prospecting Party of twenty-nine men in the Mountains of Snake River and Humboldt River on the Head waters of the Owyhoe and Middlo or Bannock Rivers having discovered gold in paying quantities, do hereby, inact and adopt for our own protection, and those who may follow us, the following Mining Laws and Resolutions.
ARTICLE 1. This creek shall hereafter be known and called “Jordan Creek”.
2. This District shall be called “Carson District” bounded as follows, to wit:-Beginning at Discovery Camp” and running up the Creek to its head including all its tributaries and the ground drained thereby.
3. All White persons are entitled to hold by location, One Creek, One gulch, Ono hill, One placer or surface, Ono gold bearing quartz and One Silver claim of the following dimensions
4. Creek claims shall be three hundred feet in length, running with the general course of the creek, extending from bluff to bluff ou the base of the hill.
Gulch claims shall be three hundred feet in length, running with the gulch and two hundred feet wide.
Hill claims shall be two hundred feet front extending back three hundred feet. Quartz and silver shall be three hundred feet each running with the ledge including all its dips spurs and angles and the waters flowing from the same.
Placer or surface claims shall be three hundred feet long and two hundred feet wide.
5. Any person or persons discovering new diggings of either gold or silver, shall each bo intitled to one extra claim by right of discovery
6. All streams having fifty inches of water during the month of September shall be considered as Creeks. There shall be left in Jordan Creek at all times two hundred inches of water for mining purposes.
7. All water rights shall bo subject to the same rules and restrictions as mining claims--any person or persons taking up a water right shall within the time hereinafter specified relating to mining claims, dig four (4) rods of the intended size of the ditch, race or chanuel at the head or place of begining and turn the water through the same.
8. All claims shall be recorded within sevon (7) days after location for which purpose there shall be a Recorder elected, whose duty shall be to enter upon a book kept for that purpose a record of all claims located and transfered describing minutely the boundaries of the same, giving to each claim holder a copy of the record counter signed by the recorder to be posted in a sightly place on the N. E. corner of the claim described there in. It shall be the further duty of the Recorder to survey and furnish a Plat of all town sites within this District receiving two dollars and fifty cents for cach record and transfer, whether for lots or claims
9. Any person or persons maliciously defacing or removing any legal notice or removing any legal notice from any claim or lot shall upon conviction be expelled from this District forthwith.
10. All workable claims shall be represented by one day's actual labor in every six, except claims of like character lying adjacent to each other in such cases one day's labor on either shall represent the whole.
11. All crock claim holders shall have the right of a drain race through the claim or claims, below to be used as such and for no other purpose, also they shall have the right of depositing the tailings of ground slucing, except rocks and gravel incapable of floating. all other tailings shall be left up on the claim being worked. The tailings of all other claims shall not be deposited upon croek claims to the detriment of the owners there of.
12. All disputes among miners relating to their interests as such shall be settled by three arbitrators who shall be chosen from the owners of claims and practical miners of this District, one of whom to be chosen by each party the third chosen by the other two, the third shall have power to administer an oath or affirmation to all witnesses and the other two arbitrators, one of whom to swear the third an appeal may be taken from the decision of the arbitrators, to a Justice Court if notice to the opposite party within twenty four hours after said decision.
RESOLUTIONS. 1. That each member of this party of twenty nino shall have given him ninety (90) days from the adoption of these laws to return and remain absent from this District for the purpose of obtaining supplies or attend to any necessary business, during which time his claims may remain unrepresented and not be subject to forfeiture.
2. That ench member of the party of twenty nine be entitled to one claim by right of (liscovery.
3. Thas Mess. Skinner Coogan, Duval and each member of the party of twenty nine be entitled to one claim for their partners, which shall be respected in like inanner as our own. 4. That we each and all of us pledge ourselves to sustain the foregoing Laws and Resolutions agaiust violation.
D. P. BARNS, Chairman 0. H. PURDY, Secrty.
W. Jordan, A. J. Miner, H. R. Wade, J. Reynolds, J. C. Boom, J. Carroll, P. H. Gordem, W. Duncan, P. J. Flint, A. F. Rudd, L. H. Gohn, F. Height, G. W. Chadwick, W. S. Wade Cy. Ibee, Juo Cannon, Wm. Phipps, M. Conner, Jos. Dorsey, W.T. Carson, Juan Francisca, Stephen Riffle, Jno. Moore C. Wade, J. R. Cain, R. W. Pindell, W. Churchill.
ARTICLE 3d. The present Law regulating the Fee for recording claims is hereby repealed and hereafter the Fee shall be two dollar and a half ($2.50) for a single claim and one dollar ($1) for each additional claim belonging to a Company and one dollar (1) for each 6. Bill of Sale"
4th. All Creek claims may be laid over from the First of October 1863 to the First of June 1861. At a called meeting of the Miners of Jordan Creek July 19 1863 the following Resolutions were adopted.
On motion of Cy. Ibee the meeting was called to order and D. P. Barns was elected chairman and E. F. Pierce Sect's.
Art. 1. Resolved that a committee of threo be appointed to draw up resolutions to be acted upon by the ineeting.
REPORT OF COMMITTEE.
Art. 1. All persons holding Gulch or Hill claims may lay over said claims until the First of June 1864 and all persons wishing to lay over said claims shall notify the Recorder of their intent whose duty it shall be so to state on the record and bis certificate of record.
2. That part of the present law allowing persons to hold partner's claims for ninety (90) days without representing the same in hereby repealed and all claims shall hereafter be represented by one day's actual labor in each week. And no person shall be recognized as a partner who has never been within this District or is not present now to represent his claim and all claims so held are hereby declared vacant.
Persuant to due notice given that a miner's meeting, the miners of Carson District met at Boonville Sept. 3d 1864. After the meeting was called to order J. M. Shackelford was appointed Chairman and D. McKee Sect'y.
The first business before the meeting was the election of a Recorder.
The names of D. McKee and E. Hickman were put in nomination and the meeting proceeded to ballot for choise E. Hickman receiving the largest number of votes was declared duly elected after which the following resolution was adopted
Resolved that all those wishing to lay their mining claims over, either Creek, Gulch or Bank shall have the privilege of doing so by going to the District Recorder and placing the same on record. Dated Boonville Sept. 3d 1864
D. MCKEE, Secrty. These are the only laws which remain preserved
BOISE COUNTY.-ELK CREEK MINING DISTRICT.
At a meeting of the Miners on Main Elk Creek, Boise Co; Idaho Ter., held at the mouth of Lincoln Gulch on Thursday Dec. 3d. 1863, The meeting was called to order by appointing J. R. Chapman, as chairman of the meeting, and elected G. E. Timmerman, Secty
On motion D. W. Cummings, I. T. Maxson, and A. T. Winn were appointed a committee to draft a set of Laws for a Mining District, they reported the following, which were upon motion, adopted to wit:
Sec. I. This District shall be known as Elk Creek District.
Src. II. The District shall commence at the Lower boundaries of El Dorado and Deer creeks thence running down Elk creok to Bear Run, embracing all the gulches and ravines running into Elk Creek between those boundaries that are not now embraced in the north fork of Elk Creek District.
Sec. III. “Creek claims" shall consist of 200 feet each running up and down the creek and extending on either side to three and one half feet rise of the "bed rock".
sec. IV. “Bar claima” shall be 200 feet front running back to the hill.
Sec. V. “Hill claims” shall have 100 feet front, running with the creek, bar, gulch or ravine on which it may front, and shall extend to the summit of the hill.
Sec. VI. “Gulch and Ravine Claims” shall be measured one hundred feet each side from the present or visible surface channel of said gulch or ravine, and running 200 feet up and down said gulch or ravine.
SEC. VII. Any citizen may hold one creek claim, one gulch or ravine claim one hill and one bar claim by location.
SEC. VIII. All claims recorded in this District shall be laid over from the third day of December until the first day of April of each and every year, and no claim shall be considered forfeited or abandoned for any reason whatsoever between the said dates.
Sec. IX. There shall be a Recorder chosen for this Mining District, who shall be paid one dollar for recording each claim, he shall have custody of the books and laws of the District and shall hold his office at the will of the miners.
Sec. X. Any person taking up a claim and recording it under a wrong designation shall not there by forfeit his ground, if rectified within seven days by going to the recorder and amending his record and paying the Recorder one half of the usual recording fee for his extra trouble.
Sec. XI. All claims lying in this District and recorder in District No. 3, shall be recorded in the District within fifteen days of this date if said claims are unworkable they will be considered abandoned unless recorded.
Sec. XII. All claims shall be considered forfeited if not worked one day in seven after the first day of April until the third day of December following.
Sec. XIII. Any person locating a mining claim in this distriot shall record it within ten days from the date of his notice.
Sec. XIV. All transfers of claims shall be recorded with in ten days of such transfer, and unless recorded, shall be paid dollars for each transfer.
SEC. XV. Representation or working shall consist of the following, first by working with sluice, tom, or rocker or with pick pan or shovel in the claim; second, digging a drain race through claims below; third digging or working in a water ditch, intended to bring water to said claim or claims; fourth, sawing timber for mining purposes for such claim or claims; fifth, building a house on or near such claim, for the dwelling of the owners of said claim or claims, or their employers to work in said claim or claims, work done in any part of said claims when joining shall be considered as representing the whole.
SEC. XVI. Ulaims belonging to a sick man shall not be deemed abandoned by said sick man in case of a failure to represent, if he has been in the habit of working said claims in person but if he has been in the habit of employing hands to work the same, the usual work shall be required.
SEC. XVII. A man to be sick shall be under the treatment of a physician and if necessary to prove his sickness shall obtain a certificate from his physician.
Sec. XVIII. Every miner or company of miners shall be entitled to a drain race through any adjoining claim or claims, whenever the same is necessary for the working of any claim.
SEC. XIX. No miner or company of miners shall be allowed to sluice tailings on the adjoining claim below.
SEC. XXI. Any miner shall have the privilege of the necessary amount of water in this creek or any of its tributaries to work his claim and no more.
SEC. XXII. These laws shall go into full force and effect from and after their passage.
Sec. XXIII. After the passing of these Laws they shall remain in full force and effect until two thirds of the miners of this district vote for an amendment.
SEC. XXIV. The Recorder shall not call a meeting of the miners unless ordered by a majority of the uniners of this district. On motion the meeting proceeded to the election of a recorder of said District.
Where upon D. W. Cummings, was put in nomination, and there being no other nominations Mr. Cummings was elected.
On motion it was resolved that the proceedings of this meeting be published in the “Boise News”.
At a meeting pursuant to a public notice, organized by electing Dr. Zimmerman chairman and G. A. Dann as Secretary
On motion Mr. A. P. Turner was elected Recorder of the Elk Creek District
On motion the mining Laws of Elk Creek were so amended as to strike out sections 12 and 23 and the following section adopted
Sec. XXIII. That all bar gulch and hill claims shall be deemed "laid over” and not require representation for all time to como when ever water cannot be procured for the sum of twenty five cents per inch every twelve hours and under six inches pressure. For hill and gulch claims not less than thirty inches of water shall constitute a sluice head. For bar and creek claims not less than forty inches shall constitute a sjuice head.
On motion that a copy of the proceeding of this be published in the "Boise News"
G. A. DUNN, Secretary. ELK CREEK June 28th 1864.
IDAHO COUNTY.-WASHINGTON GOLD AND SILVER QUARTZ MINING DISTRIOT.
THE LAWS OF THE WASHINGTON QUARTZ MINING DISTRICT, WARRENS, IDAHO CO. 1. T. Sec. 1. This district shall be known by the name of the “Washington Gold and Silver Quartz District," and shall be bounded as follows; Commencing at the south-west corner of Meadow Creek District; thence running easterly along the line of Meadow Creek District to its south-east corner, thence down the eastern line of said district to the mouth of Elk Creek, thence up Salmon river to the junction of the north and south forks of said river, thence np the south fork to the dividing waters of said south fork and the Payette country and from thence to the place of beginning.
Sec. 2. The locators of quartz claims in this District shall record the same with the Recorder of their respective county, within ten days after location, unless located more than thirty miles from the place of recording, in which case twenty days shall be allowed; and tho County Rocorder shall be allowed one dollar for recording each quartz claim and making the necessary filings and indexing; but in no case shall said fees exceed the sum of five dollars upon any set of claime.
Sec. 3. Transfers of quartz claims shall bo duly acknowledged by a proper officer, and recorded by the County Recorder.
SEC. 4. That any person or persons who may hereafter discover any quartz lead or lodo, shall be entitled to one claim thereon by right of discovery, and one claim each by right of location. Provided, That no person shall be entitled to hold more than one claim by right of location on any one lead or lode, and that no person shall be entitled, or have the right to locate or to hold by location, or to have recorded any claim or claims op any lead or lode unless ho bo a resident or inhabitant of this Territory.
SEC. 5. Each claimant shall be entitled to hold by location, two hundred feet on any lead or lode in the District, with all its dips, angles, and spurs, off-shoots, ont-crops, depths, widths, variations, and all the minerals and other valuables there in contained.
SEC. 6. The locators of any lead, lode or ledge in the District, shall be entitled to hold, on each side of the load, ledge, or lode, located by him or them, fifty feet.' Any lateral veins, lodes or leads bearing minerals, within the space of the said fifty feet on each sido of the main ledge, shall be considered as claimed by, and entirely belonging to the locator or locators of a lead, and his or their assigns, and part and parcel of the same.
Sec. 7. The locators of any quartz claim or claims, on any lead or lode, shall at the time of locating said claim or claims, place a substantial stake, not less than three inches in diameter at each end of the claim so located provided, that where two or more claims are located together, and recorded in one notice, then the aforesaid stakes shall be placed at each end of the claims so located in one notice. On said stake, on each end of said claim or claims, shall be placed a notice in writing, and said notice shall contain the date of the location of said claim or claims, the name or names of the locator or locators, the name of the lead or lode on which said claim or claims are located the number of feet so claimed by each of said locators, the distance to the nearest end of said claim or claims, shall be placed a notice in writing, and said notice shall contain the date of the location of said claim or claims, the name or names of the locator or locators, the name of the lead or lodo on which said claim or claims are located, the number of feet so claimed by each of said locators, the distance to the nearest end of said claim or claims from the discovery stake, the direction as nearly as possible from the discovery stake, and the direction said claim or claims extend, as nearly as may be from the point designated as it or their commencement. And when more than one person joins in one notice in locating said claims, shall state the actual number of feet claimed, and the portion of the ground so claimed by each person so locating
Sec. 8. Two or more persons may locate or take claims together in a body by joining in a notice specifying the number of claims so located, and the name of each person so joining in such location being written under the notice; but the claims so located shall not exceed two hundred feet for each persou so locating and said claims shall, on said notice, be numbered and designated as segregated claims, and shall designate the position of the said segregated ground in said claims so located in one notice, including, when necessary, a discovery claim; except when it may be necessary to include a claim by right of discovery; and tho notice shall then state in whose name or names said discovery claim is located. The persons so joining in ono notice shall be considered as tenants in common so soon as the work hereinafter required to be done shall be fully finished and performed. The work hereinafter required to be performed on a quartz claim to entitlo the locator, or his assigns, to hold the same as real estate, may be performed on any one of the claims so held under one notice; Provided, it be equal in value to twenty dollars for each and every two hundred feet held under ono notice including the discovery claim; but when any claims have been located by two or more persons in one notice, so soon as the work required by this section has been performed on said claim or claims, to wit: Twenty dollars worth of work for each and every two hundred feet included in the notice locating said claims, the said claimants shall be deemned tenants in common, and shall be subject to all the rights, privileges, and benefits, responsibilities and liabilities of tenants in common.
Sec. 9. Quartz claims located and recorded in accordance with this law, shall entitle the person or person so locating and recording to hold the same as real estate to the use of himself, his heirs and assigns Provided ;- That within ono year from and after the date of recording, he or they shall cause to be performed twenty dollars worth of work for each and every claim of two hundred fect of said lead or lode; said work to consist of the following; The stripping of the lead or lode, sinking shafts, excavating of tunnels, obtaining machinery and preparing material for working said lead or lode in good faith.
Sec. 10. Any person or persons who shall willfully and maliciously tear down or destroy any notice, posted on quartz claims or tear up or destroy any stakes marking quartz claims shall, upon conviction thereof be deemed guilty of a misdemeanor, and shall be fined in any sum not less than twenty-five dollars, or not exceeding one hundred dollars, or by not less than thirty days, nor more than six months imprisonment in the County jail, or by both such fine and imprisonment; and any justice of the peace in this District shall have jurisdiction of euch offenses.
SEC. 11. Any person or persons desiring to preserve or perpetuate testimony as to the snfficiency of the amount of work done on any elaim or claims to entitle him or them to hold them as real estate according to the provisions of of section nine of these laws; may take two disinterested persons to view such work, who shall carefully examine the same, immediately after which they shall go before the County Recorder or other ofticer by law authorized to administer oaths in the County, and take and subscribe an affidavit containing first, a description of the location of the claim or claims on which the work is performed, the character and value of such work, and the date when they viewed the same; which affidavit shall be filed by the County Recorder and carefully preserved. Such affidavit or certified copies of the same under the certificate and seal of the County Recorder, who has custody of the original affidavit or affidavits shall in any Court in the Territory be prima facia evidence of the character and amount of labor performed on the claim or claims which are described in snch affidavit or affidavits The Recorder shall receive a fee of fifty cents for filing and preserving the affidavits required by this section.
SEC. 12. Any person or persons who may desire to run a tunnel into any hill or mountain for the purpose of discovering or working mineral bearing quartz leads or lodes, shall be entitled to hold one hundred feet each way from the line of the tunnel on every lead or lode so discovered. Provided, the said lode has not been previously claimed and held according to law, and said person or persons shall also be entitled to hold two hundred feet square at the entrance of the said tunnel or tunnels, for building, dumping or other necessary purpose; provided, further, that nothing in this section shall be so construed as to invalidate the vested rights of other persons.
Sec. 13. There shall be a Recorder of this District chosen, whose duty it shall be to take charge of the laws of this District; keep a correct record of all the claims located on all leads, or lodes discovered or located in this district; and immediately after making a record of any quartz claim or claims upon the record of this District, it shall be the duty of the Recorder to send a copy of the notice of the claim or claims recorded to the County Recorder, and have it recorded by him, in accordance with the Territorial law; and for the recording of each claim in the records of this District, and the transmission of the notice to the County Recorder, the Recorder of this District shall bave a fee of one and a half dollars ($1.50), for each claim so recorded, which includes the fee of the County Recorder.