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filed and recorded in the office of the Secretary of State, shall be evidence of the existence of such corporation.
SEC. 8. An emergency existing therefor, this Act shall take effect and be in force from and after its passage.
Approved on the 14th day of February, 1899.
H. B. NO. 117.
AN ACT TO DEFINE THE MANNER OF LOCATING LODE, QUARTZ AND PLACER CLAIMS; TO DETERMINE
BOUNDARIES THEREOF; TO PROVIDE FOR DISCOVERY SHAFTS OR CROSS-CUTS; TO DETERMINE THE FORM OF LOCATION CERTIFICATES; TO PROVIDE FOR LOCATION OF ABANDONED CLAIMS, ASSESSMENT WORK, AND PROOF THEREOF, AND FOR AMENDMENT OF LOCATION NOTICES; TO PROVIDE FOR SECURITY FOR SURFACE OWNERS: TO AMEND SECTIONS 3100, 3101, 3103, 3104, 3105, AND TO REPEAL SECTION 3102, of CHAPTER 1. TITLE 8, AND SECTIONS 3120, 3121, AND 3122 OF CHAPTER 2, TITLE 8 REVISED STATUTES
OF THE STATE OF IDAHO, AND TO PROVIDE FOR RECORDER'S FEES. Be it enacted by the Legislature of the State of Idaho:
SECTION 1. That section 3100 of the Revised Statutes of Idaho be amended to read as follows: Section 3100.
Mining claims hereafter located upon veins or lodes of quartz, or other rock in place hearing any of the metals or other valuable deposits mentioned in section 2320 of the Revised Statutes of the United States, may extend to three hundred feet on each side of the middle of the vein or lode: Provided, That when the locators have set stakes, posts or monuments described in section 2 hereof, to indicate the line of the vein, ledge or lode, such stakes, posts or monuments must be taken for the purpose of such location, to mark correctly the line thereof, and such line must not afterwards be changed so as to affect rights acquired or interfere with any locations made subsequent thereto. SEC. 2.
Section 3101 of the Revised Statutes of Idaho be amended to read as follows:
Section 3101. The locator, at the time of making the discovery of such vein or lode, must erect a monument at such place of discovery, upon which he inust place his name, the name of the claim, the date of discovery and distance claimed along the vein each way from such monuinent. Within three days from the date of discovery, he must mark the boundaries of his claim by establishing at each corner thereof and at any angle in the side lines, a monument, marked with the name of the claim and the corner or angle it represents; also at the time of so marking his boundaries, he inust post at his discovery monument his notice of location in which must be stated: First, the name of the locator; second, the name of the claim; third, the date of discovery; fourth, the direction and distance claimed along the ledge from the discovery; fifth, the distance claimed on each side of the middle of the ledge; sixth, the distance and direction from the discovery monument to such natural object or permanent monument, if any such there be, as will fix and describe in the notice itself, the location of the claim; and seventh, the name of the mining district, county and State. When, from any cause, a monument can not be safely planted at the true corner or angle, it may be placed as near thereto as practicable, and so marked as to indicate the place of such corner or angle. Monuments may be made of any such material or form as will readily give notice, and when of posts or trees, they must be hewn or marked upon the side facing towards the discovery, and must be at least four inches square or in diaineter.
Monuments must be at least four feet high above the ground, and trees must be so hewn as to readily attract attention. At the time the locator so marks the boundaries of his claim, he may do so in any direction that will not interfere with rights or claims which existed prior to his discovery.
Within sixty days after such location, the locator or his assigns, must sink a 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. And of not less than sixteen square feet area. Any excavation which shall cut such vein ten feet from the lowest part of the rim of such shaft and which shall measure one hundred and sixty cubic feet in extent shall be considered a compliance with this provision. Any located claim upon which work has been done in compliance with the above requirements is not, unless abandoned, subject to relocation for a period of ninety days from and after the date of location.
SEC. 4. Within niuety days after the location of the claim the locator or his assigns must file for record in the office of the county recorder of the county or of the deputy recorder of the mining district in which the claim is situated, a substantial copy of his notice of location.
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 the surface boundaries, or of taking 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 conditions of this Act and to contain all that this Act required an original certificate to contain: Provided, That such amended location does not interfere with the existing rights of others at the time when such amendment is made.
Sec. 6. Within sixty days after any time set or period allowed for the performance of labor, or making improvements upon any lode, or placer claim, the person in whose behalf such work or improvement is performed or some person for him must make and record an affidavit in substance as follows: State of Idaho,
County of .........
who being first duly sworn, says that at least .....
dollars worth of work or improvements were performed or made upon
claim, situate in mining district, County of ...
State of Idaho: that such expenditure was made by, for, or at the expense of
owners of said claiın, for the purpose of holding said claim.
Signature.. Subscribed and sworn to before me this
The fee for administering the oath and recording the foregoing affidavit, when taken before the county recorder or deputy mining recorder, shall be fifty cents; the fee for recording the same when the oath is taken before any other officer authorized to administer oaths shall be fifty cents.
Such affidavit, or a certified copy thereof in case the original is lost, shall be prima facie evidence of the performance of such labor. The failure to file such affidavit shall be considered prima facie evidence that such labor has not been done.
Sec. 7. The location of abandoned claims shall be done in the same manner as if the location were of a new claim; but the locator may, instead of sinking a new discovery shaft, sink the original discovery shaft ten feet deeper than it was at the time of his location, or he may drive the open cut, or tunnel ten feet further along the course of the lead, lode or vein, and must erect new posts or monuments.
No location notice shall claim more than one location, whether the location is made by one or several locators, and if it purport to claim more than one location it is absolutely void. Sec. 9.
That section 3103 of the Revised Statutes of Idaho is hereby amended to read as follows: Section 3103
For the convenience of prospectors and locators, the county recorders of the several counties inust appoint a deputy at any place where he may deem it necessary, and at all places more than twenty miles distant from an existing office whenever ten or more mining locators interested, petition for the appointment of a deputy. Upon failure of any recorder to appoint a deputy for ten days after the petition in writing has been presented to him, the resident miners in such district may appoint temporarily, one of their number to act as the recorder for the district, whose record shall be as valid as if made by the deputy, and must be entered by the recorder as hereinafter required : Provided, That whenever at any time afterwards, the recorder has appointed a deputy for such district or place, the authority of the person elected by the resident miners ceases. Sec. 1o.
When the right to mine is in any case separate from the ownership or right of occupancy of the surface ground, the owners or rightful occupants of the surface ground may demand satisfactory security from the miners, and if it be refused or not given, may enjoin such miners from working such ground until such security is given. The court granting the writ of injunction shall fix the amount and nature of the security. SEC. II.
Placer claims, as mentioned in section 2329 of the Revised Statutes of the United States, may be located for the purpose of mining deposits and precious stones after the discovery of such deposits.
Sec. 12. The locator of any placer mining claim located for the purpose of mining placer deposits or precious stones, must, at the time of making the location, place a substantial post or monument as is required in the location of quartz claims at each corner of the location and must also post on one of the same a notice of location containing the date of the location, the name of the locator, the name and dimensions of the claim, the mining district (if any) and county in which the same is situated; and must also give the distance and direction from said post or monument to such natural object or permanent monument, if any such there be, as will fix and describe in the notice itself the location of the claim. Within fifteen days after making the location, the locator must make an excavation upon the claim of not less than one hundred cubic feet, for the purpose of prospecting the same. Within thirty days after the location, the locator must file for record in the office of the county recorder of the county, or of the deputy recorder of the mining district in which the claim is situated, a sub
stantial copy of his copy of notice of location, to which must be attached
That section 3104 of the Revised Statutes of Idaho be
At or before the time of presenting a location notice for record, whether it be for a quartz or placer claim, one of the locators named in the same must make and subscribe an affidavit, in writing on or attached to the notice, substantially in the following form, to-wit: State of Idaho,
County of ..... I,
.., do solemnly swear that I am a citizen of the United States of America (or have declared my intentions to become such)and that I am acquainted with the mining ground described in this notice of location, and herewith called the
ledge, lode or claim; that the ground and claim therein described or any part thereof has not, to the best of my knowledge and belief, been located according to the laws of the United States and of this State, 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, and (in the case of quartz claims) that I have opened new ground to the extent or depth of ten feet as required by the laws of Idaho.
A. D. 189...
Section 3105. The location notice herein required to be recorded must be recorded by the deputy appointed for the district, or the person appointed for that purpose as above provided (when the legal fee therefor is tendered) in a book to be kept for that purpose. Said book must be indexed, with the names of all the locators arranged in alphabetical order, according to 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 on the notice, and to include recording the notice by the recorder as hereinafter required, and the indexing by said recorder, is two dollars, which fee must be equally divided between the recorder and the deputy or the person acting under an election as hereinbefore provided, and no other additional sum of money must be demanded or received by either of them for any services connected with the recording of any location notice made pursuant to the requirements of this chapter.
SEC. 15. Section 3102 of chapter 1, title 8, and sections 3120, 3121 and 3122, chapter 2, title 8, of the Revised Statutes of the State of Idaho are hereby repealed.
Sec. 16. Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage.
Approved on the 14th day of February, 1899.
H. B. NO. 118.
AN ACT EXTENDING THE TIME OF REDEMPTION OF REAL ESTATE SOLD UNDER EXECUTION OR FORE
CLOSURE, AMENDING SECTIONS 4492, AND 4193 OF THE REVISED STATUTES OF IDAHO.
of the Revised Statutes are hereby amended to read as follows:
Section 4492. The judgment debtor or redemptioner may redeem the property from the purchaser within one year after the sale, on paying the purchaser the amount of his purchase with ten per cent. thereon in addition, together with the amount of any assessment or taxes which the purchaser may have paid thereon after the purchase, and interest on such amount; and, if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made the amount of such lien with interest. Section 4493
If property be so redeemed by a redemptioner, another redemptioner may, within sixty days after the last redemption and within one year after the sale, again redeem it from the last redemptioner on paying the sum paid on such last redemption with four per cent. thereon in addition, and the amount of any assessment or taxes which the last redemptioner may have paid thereon, after the redemption by him with interest on such amount, and in addition the amount of any liens held by said last redemptioner prior to his own, with interest; but the judgment under which the property was sold need not be so paid as a lien.
The property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner, within sixty days after the last redemption and within one year after the sale, on paying the sum paid on the last previous redemption with four per cent. thereon in addition and the amount of any assessments or taxes which the last previous redemptioner paid after the redemption by him, with interest thereon, and the amount of any liens, other than the judgment under which the property was sold, held by the last redemptioner previous to his own, with interest.
Written notice of redemption must be given to the sheriff, and a duplicate filed for record with the recorder of the county; and, if any taxes or assessments are paid by the redemptioner, or, if he has or acquires any lieu other than that upon which the redemption was made, notice thereof must in like manner be given to the sheriff and filed with the recorder, and if such notice be not filed, the property may be redeemed without paying such tax, assessment or lien.
If no redeinption be made within one year after the sale, the purchaser, or his assignee, is entitled to a conveyance; or, if so redeemed, whenever sixty days have elapsed and 110 otlier redemption has been made, and notice thereon given, the time for redemption by a redemptioner has expired, and the last redemptioner or his assignee, is entitled to a sheriff's deed at the expiration of one year after the sale; but in all cases the judgment debtor shall have the entire period of one year from the date of the sale to redeem the property.
If the judgment debtor redeem, he must make the same payments as are required to effect a redemption by a redemptioner.
If a debtor redeem, the effect of the sale is terminated and he is restored to his estate.