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The custom of inserting such reservation in the patent has the sanction of long practice, as well as the approval of the courts, and is in the interest of peace and good order, and ought not now to be departed from; therefore, the patent in this, and all other cases of like character, will be issued with the usual reservation; and should the owners of the mineral veins within the town-site make application for patent to such mineral veins, they will receive patents therefor, with the proper and usual reservation as to the rights of the lot owners within such town site.
For these reasons your decision is reversed, and the entry of the town-site will remain intact.
II. M. TELLER,
OOMPILED LAWS: 1864-1877.
CHAP. L.-ACTS RELATING TO MINES.
AN ACT allowing persons in the military service of the United States and of this territory to hold mining-claims. (Approved November
9, 1864, p. 511.) SECTION 1. All persons in the military service of the United States or this territory shall be allowed to locate claims on mineral lodes or veins in the limits of this territory, subject to the requirements of the mining laws of this territory, and shall be protected in the possession of the same, and shall have the same rights in all respects, in regard to such claims, as like persons not in the military service.
SEC. 2. All the laws of any mining district contrary to the spirit and provisions of this act are declared to be null and void, and shall not be evidence in any court having jurisdiction of mining suits in this territory.
SEC. 3. This act shall take effect and be in force from and after its passage.
AN ACT of placer-mines and mining. (Approved December 30, 1865, p. 511.) SECTION 1. It shall be lawful for any person, company, or association, who shall place upon the mineral lands of this territory, commonly called placer-mining grounds, a pump or pumps having a capacity sufficient to raise at least one hundred gallons of water per minute, with an engine or other power attached thereto, of sufficient power to work the same, with the bona fide intention of working the said placer grounds for the purpose of extracting the gold therefrom, to locate an amount of said placer grounds equal in extent to one-quarter section, in such form and direction as he or they may elect: Provided, That said location shall in no case be more than one mile in length nor less than one-quarter of a mile in width: And provided, That said machinery shall be used at least three months in each year for raising water to extract the gold from said grounds, and the presence of said machinery upon said grounds shall be the only evidence of title to said grounds; but in no case shall this act be so construed as to mean placer grounds which can be worked by water brought in ditches or flumes from any stream or other deposit of water; and said locations shall not in any case be made upon any grounds in the possession of any miner or miners at the time of location.
SEC. 2. This act shall only apply to the county of Yuma.
AN ACT providing for the location and registration of mines and mineral deposits, and for other purposes. (Approved November 5, 1866,
SECTION 1. The mining districts heretofore created in the several counties of this territory are hereby authorized and empowered to make all necessary rules and regulations for the location, registry, and working of mines therein: Provided, That all locations and registrations of mines and mineral deposits hereafter made in any of the said districts shall be transmitted to the county recorder for record, within sixty days after the same shall have been located.
SEC. 2. The county recorders of the several counties are authorized and required to procure suitable books, in which the records of all mines and mineral deposits shall be kept, which said books shall be paid for out of the county treasury, and they shall receive for their services herein the following fees: For recording and indexing each claim, not exceeding one folio, one dollar; and for each additional folio, twenty cents.
SEC. 3. Nothing in this act shall be so construed as to affect the claims to mines and mineral deposits heretofore located and duly recorded.
SEC. 4. The claim of the territory to all mining-claims heretofore located is hereby abandoned, and the same are hereby declared open to relocation and registry: Provided, That nothing herein contained shall be so construed as to affect mining-claims heretofore sold and disposed of by the territory.
SEC. 5. Nothing in this act shall be construed to apply to placer-mines or mining, or other mineral deposits other than those commonly called veins or lode-mines.
49 VOL 14-11-14