SEC. 7. Any such corporation shall make due and just compensation for such right of way to the owners of the property through which it is proposed to construct, operate and maintain such tunnel, pipe line, electric transmission line, or aerial tramway, and when the parties cannot agree upon such right or way and the amount of compensation to be paid the owner of such property, the same shall be determined in manner as now provided by law for the exercise of the right of eminent domain.

SEC. 8. The owner of any vein, lode, mining claim or other property over which it is proposed to construct a tunnel as herein provided, shall have the right to all ore and mineral taken from such vein or lode at the intersection thereof with such tunnel.

SEC. 9. The owner or owners of such vein or lode so intersected shall have the right, at any reasonable time and from time to time, upon applition to the superintendent or other managing officer of such tunnel corporation, to enter such tunnel with their surveyors and inspectors for the purpose of inspecting and making a survey of any such vein or lode, and the owners of such veins or lodes, and their employees shall have the right of ingress or egress through said tunnel at all reasonable times.

SEC. 10. Nothing in this act shall be so construed as to give such tunnel corporation the right to follow any vein or lode without the consent of the owner or owners, and when any vein or lode is encountered in driving any such tunnel such tunnel corporation shall only have the right of way to cross such vein or lode at such angle as may be suitable for the convenient operation of the tunnel.

SEC. 11. Any such tunnel corporation desiring to avail itself of the benefit of this act, shall file with the county clerk and recorder of the county or counties in which it is proposed to operate, a map or survey of its proposed tunnel, for which it desires a right of way, together with a statement showing the route of the proposed tunnel, and the patented or unpatented mining claims or other property through which it is proposed to construct the same, and may file supplementary maps and surveys upon any lawful change of its proposed line of tunnel.

SEC. 12. Any such pipe line corporation, desiring to avail itself of the benefit of this act, shall file with the county clerk and recorder of the county or counties in which it is proposed to operate, a map or survey of its proposed pipe line, for which it desires a right of way, together with a statement showing the route of the proposed pipe line, and the patented or unpatented mining claims or other property through which it is proposed to construct the same, and may file supplementary maps and surveys upon any lawful change of its proposed line.

SEC. 13. Any such electric power transmission corporation, desiring to avail itself of the benefit of this act, shall file with the county clerk and recorder of the county or counties in which it is proposed to operate, a map or survey of its proposed line, for which it desires a right of way, together with a statement showing the route of the proposed line, and the patented or unpatented mining claims or other property through which it is proposed to construct the same, and may file supplementary maps and surveys upon any lawful change of its proposed line.

SEC. 14. Any such aerial tramway corporation, desiring to avail itself of the benefit of this act, shall file with the county clerk and recorder of the county or counties in which it is proposed to operate, a map or survey of its proposed route, for which it desires a right of way, together with a statement showing the route of the proposed tramway, and the patented or unpatented mining claims or other property, over or across which it is proposed to construct the same, and may file supplementary maps and surveys upon any lawful change of its proposed line.

SEC. 15. Any such tunnel or aerial tramway corporation or corporations shall, subject to its or their reasonable regulations, accept from the owners of mining properties, all ore and waste, and other materials loaded in cars and delivered to it or them along its or their line of tunnel or aerial tramways for transportation, and afford facilities for the handling of the same at such place, upon payment to it or them, at the rates established and fixed by such tunnel or aerial tramway corporation, or corporations.

SEC. 16. Any such pipe line corporation, or electric power transmission corporation or corporations shall, subject to its or their reasonable regulations, furnish to the owners of mining properties power from said pipe lines or electric power transmission lines upon payment to it or them at the rates established and fixed by such corporation or corporations.

Approved April 9, 1907.

IDAHO

LOCATING CLAIMS

Width of Claims

SEC. 1. That section 3100 of the Revised Statutes of Idaho be amended to read as follows:

SEC. 3100. Mining claims hereafter located upon veins or lodes of quartz, or other rock in place bearing 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:

Location Notices. Boundaries

SEC. 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 must place his name, the name of the claim, the date of discovery and distance claimed along the vein each way from such monument. Within ten 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 must 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 cannot 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 and marked upon the side facing toward the discovery, and must be at least four inches square or in diameter. 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.

Must Sink ten-foot Shaft

SEC. 3. 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.

Recording Location Notice

SEC. 4. Within ninety 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, or the mining district in which the claim is situated, a substantial copy of his notice of location.

Amending Certificate

SEC. 2566. 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 requires 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.

Affidavit of Labor

SEC. 2565. 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:

performed or made upon

district, county of

who being first duly

dollars worth of work for improvements were

State of Idaho: That such expenditure was made owner of said claim, for the pur

by, for, or at the expense of pose of holding said claim, and all stakes, monuments or trees marking boundaries of said claims are in proper place and positions.

Subscribed and sworn to before me this

189-.

day of

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.

Locating Abandoned Claims

SEC. 2560. 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.

One Location in One Notice

SEC. 2561. 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.

Deputy Recorders

SEC. 2567. For the convenience of prospectors and locators, the county recorders of the several counties must 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.

Security for Damage to Surface by Mining

SEC. 2571. 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.

Placer Claims

SEC. 2562. 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.

Location Notice, Marking Boundaries and Work on Placer Claims SEC. 2563. 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 substantial copy of his copy of notice of location, to which must be attached an affidavit such as is required in the case of quartz claims.

Affidavit to Location Notice

SEC. 2564. 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