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any county or municipal corporation within this state, is subject to taxation as in this code provided; but nothing in this code shall be construed to require or permit double taxation.
SEC. 2. A new section is hereby added to said code, to be known as section three thousand six hundred and eight, and to read as follows:
SECTION 3608. Shares of stock in corporations possess no intrinsic value over and above the actual value of the property of the corporation which they stand for and represent, and the assessment and taxation of such shares and also of the corporate property would be double taxation. Therefore, all property belonging to corporations shall be assessed and taxed, but no assessment shall be made of shares of stock, nor shall any holder thereof be taxed therefor.
SEC. 3. Section three thousand six hundred and seventeen of said code is hereby amended to read as follows:
SECTION 3617. Whenever the terms mentioned in this section are employed in this act they are employed in the sense hereafter affixed to them:
First. The term "property” includes moneys, credits, bonds, stocks, dues, franchises, and all other matters and things, real, personal, and mixed, capable of private ownership.
Second. The term "real estate” includes:
2. All mines, minerals, and quarries in and under the land, all timber belonging to individuals or corporations growing or being on the lands of the United States, and all rights and privileges appertaining thereto.
3. A mortgage, deed of trust, contract, or other obligation by which a debt is secured, when land is pledged for the payment and discharge thereof, shall, for the purpose of assessment and taxation, be deemed and treated as an interest in the land so pledged.
Fourth. The term “personal property” includes everything which is the subject of ownership not included within the meaning of the term "real estate".
AN ACT to provide a state hospital and asylum for miners. (Approved March 14, 1881, p. 83.) SECTION 1. There shall be erected, as soon as conveniently may be, upon some suitable site, to be determined and obtained as is hereinafter provided, a public hospital and asylum for the reception, care, medical and surgical treatment, and relief of the sick, injured, disabled, and aged miners, which shall be known as the “California State Miners' Hospital and Asylum".
SEC. 2. The governor shall nominate, and by and with the advice and consent of the senate, appoint five persons to serve as trustees of the said institution, who shall be a body politic and corporate, by the name and style of the “Trustees of the California State Miners' Hospital and Asylum”, and shall manage and direct the concerns of the institution, and make all necessary by-laws and regulations, and shall have power to receive, hold, dispose of, and convey all real and personal property conveyed to them by gift, devise, or otherwise, for the use of said institution, and shall serve without compensation. Of those first appointed, two shall serve for two years and three for four years; and at the expiration of the respective terms, each class thereafter shall be appointed for four years. A vacancy in said board, from any cause, shall be filled by appointment by the governor, for the unexpired term.
SEC. 3. The said trustees shall have charge of the general interests of the institution; they shall appoint the superintendent, who shall be a skillful physician and surgeon, subject to removal or re-election no oftener than in periods of ten years, except by infidelity to the trust reposed in him, or for incompetency.
SEC. 4. The trustees, by and with the consent of the governor, shall make such by-laws and regulations for the government of the institution as shall be necessary; they shall appoint a treasurer, who shall give bonds to the people of the state of California for the faithful discharge of his duties; and they shall fix the compensation of all officers, assistants, and attachés who may be necessary for the just and economical administration of the affairs of said institution.
SEC. 5. Indigent miners shall be charged for medical attendance, surgical operations, board, and nursing, while residents in the hospital and asylum, no more than the actual cost; paying patients, whose friends can pay their expenses, and who are not chargeable upon townships and counties, shall pay according to the terms directed by the trustees.
SEC. 6. The several boards of supervisors of counties, or any constituted authority in the state having care and charge of any indigent, sick, or aged person or persons, if satisfactorily proven by them to have been miners, shall have authority to send to the "California State Miners' Hospital and Asylum” such persons, and they shall be sererally
chargeable with the expenses of the care, maintenance, and treatment, and removal to and from the hospital and asylum of such patients.
SEC. 7. The trustees shall, annually, at such time as the governor may designate, report to him, for transmission to the legislature, such a statement as he may require as to the management of the said hospital and asylum.
SEC. 8. This act shall take effect immediately.
GENERAL LAWS, COMPILATION OF 1877.
CHAP. LXVI.- MINES AND MINING-CLAIMS.
(Ter. Rev. Stats., Chapter LXII, p. 465.) SECTION 1. The term claim, as used in the mining portions of this state, when applied to a 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: Procided, 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.
SEC. 2. Whenever any person or persons are engaged in bringing 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.
SEC. 3. No person shall have the right to mine under any building or other improvement, unless he shall first secure the parties owning the same against all damages, except by priority of right.
SEC. 4. If any person or persons shall locate a tunnel-claiin, for 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.
SEC. 5. Any person or persons engaged in working a tunnel under the provisions of this chapter shall be entitled to two hundred and fifty feet each way from said tunnel, on 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 inay be found vacant; and persons working said tunnel shall have the right of way through all lodes which may lie in its course.
SEC. 6. When it shall appear that one lode crosses, runs into, or 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 loile upon which le 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.
SEC. 7. Where two crevices are discovered at a distance from each 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.
SEC. 8. In no case shall any person or persons be allowed to flood the property 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.
SEC. 9. Every miner shall have the right of way across any and all claims for the purpose of hauling quartz from his claim.
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 sach claims shall be forfeited to any person who may take up the same.
Sec. 11. A copy of all the records, laws, and proceedings of each mining district, so far as they relate to lodeclaims, 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 in 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 locators of veins or lodes of quartz or other rock on the mineral lands of the public domain.
(Sess. Laws, 1870, p. 84.) SECTION 1. No statutory law of Colorado territory 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 four 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.
SEC. 2. All pre-emptious and locations of 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.
SEC. 3. Nothing in this act shall be so construed as to prejudice any rights acquired prior to the passage of this act.
AN ACT concerning mines. (Sess. Laws, 1874, p. 185; Gen. Laws, p. 629.) SECTION 1. The length of any lode-claim hereafter located may equal but not exceed fifteen hundred feet along the vein.
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 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.
SEC. 3. The discoverer of a lode shall, within three months from date of discovery, 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.
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.
SEC. 5. Before filing such location certificate, the discoverer shall 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 of the lode, the name of the locator, and the date of discovery.
Third. By marking the surface-boundaries of the claim.
SEC. 6. Such surface-boundaries shall be marked by six substantial 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 place.
SEC. 7. Any open cut, cross-cut, or tunnel which shall cut a lode 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.
SEC. 8. The discoverer shall have sixty days from the time of uncovering or disclosing a lode to sink a discovery shaft thereon.
SEC. 9. The location 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 lies 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 coutinnéd, whether by dip or otherwise, or beyond the sidelines in any other manner than by the dip of the lode.
Sec. 10. If the top or apex of a lode in its 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 limes.
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 prorided 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.
SEC. 12. When the right to mine is in any case separate from the ownership 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.
SEC. 13. If at any time the locator of any mining.claim 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: Prorided, 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.
SEC. 14. Within six months after any set time or annual 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:
STATE OF COLORADO,
-, who, being duly sworn, saith that at least dollars' worth of work or 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.)
And such signature shall be prima-facie evidence of the performance of such labor.
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.
SEC. 16. No location certificate shall claim more 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.
AN ACT concerning mines. (Sess. Lars, 1874, p. 190; Gen. Laws, p. 633.) SECTION 1. In all actions pending in any district court of this state wherein the title or right of possession to any 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, débris, 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 questions 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.
SEC. 2. In all cases where two or more persons shall associate themselves together for the purpose of obtaining the possession of any lode, gulch, or placer-claim then in the actual possession of another, by force and violence, or threats of violence, or by stealth, and shall proceed to carry out such purpose by making threats against the party or parties in possession, or who shall enter upon such lode or mining-claim for the purpose aforesaid, or who shall enter upon or into any lode, gulch, placer claim, quartz-mill, or other mining property, or not being upon such property, but within hearing of the same, shall make any threats, or make use of any language, signs, or gestares, calculated to intimidate any person or persons at work on said property from continuing to work thereon or therein, or to intimidate others from engaging to work thereon or therein, every such person so offending shall, on conviction thereof, be fined in a sum not to exceed two hundred and fifty dollars, and be imprisoned in the county jail not less (than] thirty days nor more than six months, such fine to be discharged either by payment or by confinement in said jail until such fine is discharged, at the rate of two dollars and fifty cents per day. On trials under this section proof of a common purpose of two or more persons to obtain possession of property as aforesaid, or to intimidate laborers as above set forth, accompanied or followed by any of the acts above specified by any of them, shall be sufficient evidence to convict any one committing such acts, although the parties may not be associated together at the time of committing the same.
SEC. 3. If any person or persons shall associate and agree to enter, or attempt to enter, by force of numbers, and the terror such number is calculated to inspire, or by force and violence, or by threats of violence, against any person or persons in the actual possession of any lode, gulch, or placer-claim, and upon such entry or attempted entry any person or persons shall be killed, said persons, and all and each of them so entering or attempting to enter, shall be deemed guilty of murder in the first degree, and punished accordingly. Upon the trials of such cases any person or parties cognizant of such entry, or attempted entry, who shall either be present, aiding and assisting, or shall by promise of money, property, influence, assistance, or other thing of value, in anywise encourage such entry or attempted entry, shall be deemed a principal in the commission of said offense.
AN ACT to provide for the drainage of mines, and to regulate the liabilities of miners, mine owners, and mill men in certain cases,
and to repeal all territorial acts on the subject. (Approved March 16, 1877; Gen. Laws, p. 635.) Be it enacted by the general assembly of the state of Colorado. SECTION 1. Whenever contiguous or adjacent mines upon the same or upon separate lodes have a common ingress of water, or, from subterraneous communication of the water, have a common drainage, it shall be the duty of the owners, lessees, or occupants of each mine so related, to provide for their proportionate share of the drainage thereof.
SEC. 2. Any parties so related, failing to provide as aforesaid for the drainage of the mines owned or occupied by them, thereby imposing an unjust burden upon neighboring mines, whether owned or occupied by them, shall pay, respectively, to those performing the work of drainage their proportion of the actual and necessary cost and expense of doing such drainage, to be recovered by an action in any court of competent jurisdiction.
SEC. 3. It shall be lawful for all mining corporations or companies, and all individuals engaged in mining, having thus a common interest in draining such mines, to unite for the purpose of effecting the same, under such common name and upon such terms and conditions as may be agreed upon; and every such association, having filed a certificate of incorporation, as provided by law, shall be deemed a corporation, with all the rights, incidents, and liabilities of a body corporate, so far as the same may be applicable.
SEC. 4. Failing to mutually agree as indicated in the preceding section, for drainage jointly, one or more of the said parties may undertake the work of drainage, after giving reasonable notice; and should the remaining parties then fail, neglect, or refuse to unite in equitable arrangements for doing the work or sharing the expense thereof, they shall be subject to an action therefor as already specified, to be enforced in any court of competent jurisdiction.
SEC. 5. When an action is commenced to recover the cost and expenses for draining a lode or mine, it shall be lawful for the plaintiff to apply to the court, if in session, or to the judge thereof in vacation, for an order to inspect and examine the lodes or mines claimed to have been drained by the plaintiff; or some one for him shall make affidavit that such inspection or examination is necessary for a proper preparation of the case for trial. The court or judge shall grant an order for the underground inspection and examination of the lode or mines described in the petition. Such order shall designate the number of persons, not exceeding three, besides the plaintiff or his representative, to examine and inspect such lode and mines, and take the measurement thereof, relating the amount of water drained from the lode or mine, or the number of fathoms of ground mined and worked out of the