Right of Way

SEC. 2328. That any mine owner or mine owners or any mining corporation, for the purpose of transporting ores to a mill or reduction works of any sort for the reduction of ores shall have a right of way for a tramway or railway across lands of other persons by condemnation and payment of damages. [Sections 2329 to 2336 inclusive provide the method of procedure.]

Disability of Employé of Smelting Works

SEC. 2337. Whenever any employé of any corporation, person or persons engaged in the management and operation of any smelting works in the Territory of New Mexico, shall become disabled and rendered unfitted for labor by reason of lead poisoning, which said lead poisoning shall be the result and consequence of said employé's performance and proper discharge of said employé's duties in and about said smelting works, said employé shall be provided with and receive all proper medical attendance, medicines and sustenance during such disability, at the expense of said corporation, person or persons so employing him.

Failure to Provide for Disabled Employé of Smelting Works

SEC. 2338. If any such corporation, person or persons engaged in the management and operation of any smelting works in the Territory of New Mexico shall fail to provide such employé with all proper medical attendance, medicines and sustenance during such disability of said employé, then the reasonable expense of providing such employé with all proper medical attendance, medicines and sustenance during such disability of said employé may be recovered from such corporation, person or persons so engaged in the management and operation of smelting works as aforesaid, in an action at law by and in the name of any person or persons rendering or providing such employé with the said medical attendance, medicines and sustenance.

Termination of Mining Lease

SEC. 2358. Hereafter, any lease upon any mine, or portion of a mine, not given in writing, for a specified time, shall not be terminated until after notice of the date of such termination, given by the lessor to the lessee, not less than thirty days prior to such date of termination.

SEC. 2359. The lessor and the mine upon which any lease is terminated without thirty days' notice, as provided in section two thousand three hundred and fifty-eight, shall be liable to the lessee for all damages resulting from such termination: Provided, That nothing in this act shall prevent the forfeiture and termination of any such lease without such notice when the lessee is working the leased ground in such manner as to damage the property. Extracts from Compiled Laws of 1897, as amended by Act of March 16, 1899. Session Laws, 1899, p. 111.

AN ACT RELATIVE TO MILL-DITCHES

Course

SEC. 1. That the course of any mill-ditch already constructed shall not be changed, unless it be through some irrigating ditch to the cultivated lands which shall have the preference.

Arbitrators

SEC. 2. That whenever it may become necessary for the owner or owners of a mill to construct a mill-ditch, when the same is to be constructed in whole or in part over the land of another owner, and the said owner does not permit the construction of said ditch, then and in that event, the owner of the mill and the owner of the land over which the ditch is to pass shall apply to the justice of the peace of the precinct asking him to appoint three arbitrators or assessors, each party shall name one and the justice shall name the third, but if the land owner refuses to name one then the justice shall name two and the owner of the mill one.

Record Proceedings

SEC. 3. That the justice of the peace shall make a record of the fact that the arbitrators or assessors were appointed and shall swear them to act faithfully and impartially as such arbitrators, and to report to the said justice of the peace the amount by them assessed in order that the same may be turned over to the justice of the peace and by him turned over to the owner or owners of the land over which said ditch passes, and the said amount shall be paid in cash.

Payment

SEC. 4. That if the owner of the mill for which the ditch is desired pay the amount assessed against him, as above required, he may construct his ditch as the same may be designated by the arbitrators and according to the record of the justice of the peace of the report of the said arbitrators. Approved March 16, 1899. Session Laws, 1899, p. 130.

AN ACT TO ENCOURAGE THE DEVELOPMENT OF MINERAL RESOURCES Taxation

SEC. 1. That no tax shall be assessed, levied or collected upon any mining claim in this Territory, located under the mining laws of the United States, nor upon any shaft or workings therein, until after patent shall have been duly issued therefor by the United States; and for one year thereafter; but nothing herein contained shall be held or construed to exempt from taxation, as now provided by law, the improvements upon any such mining claim, other than the shafts and other workings as aforesaid, nor the net product of any such mining claim. Approved March 16, 1899. Session Laws, 1899, p. 130.

AN ACT IN RELATION TO MINING CLAIMS

Failure to do Annual Work

SEC. 1. Whenever the locator or locators of any mining claim in this Territory, located under the laws of the United States and of this Territory, shall fail or neglect to do and to perform, or cause to be done and performed, upon such mining claim, the amount and character of work necessary to be done and performed thereon as required by section 1 of Chapter XXV of the Acts of the 28th Session of the Legislative Assembly of the Territory of New Mexico, within the ninety days from the date of such location as provided in said section, such locator, or locators, and his or her assigns, shall forfeit

all right to such mining claim, and shall henceforth, for a period of ninety days from and after the expiration of such ninety days, be debarred and prohibited from relocating or procuring, or becoming interested, directly or indirectly, except as a bona fide purchaser for value in the relocation of such claim, or the location of any other claim which will include any portion of the ground which was included in such forfeited claim.

Forfeited Claims

SEC. 2. Whenever the locator or locators, or his or their assigns, of any lode or placer mining claim in this Territory, located under the laws of the United States and of this Territory, shall fail to do, or cause to be done, the amount of the assessment work required by law to be done thereon, within the time prescribed by law, such claim shall be considered forfeited and abandoned, and such locator or locators, and his or their assigns, shall thenceforth for the period of ninety days from and after the expiration of the time within which such work should have been done, be debarred and prohibited from relocating such claim, or becoming interested directly or indirectly, except as a bona-fide purchaser for value, in the location or relocation of any claim which shall include the land covered by such forfeited claim, or any part thereof. And the subsequent locator of such claim, or of any claim including the whole or any part of the land covered by such forfeited claim, shall not be entitled to credit for any work that may have been done thereon before the time of such forfeiture, nor shall the former owner of any such forfeited claim have any right to compensation therefor.

Altering or Defacing Mining Notices

SEC. 3. Any person or persons, or the manager, officer, agent or employé of any person, firm, corporation or association, who shall in any manner alter, deface or change the location notice of any mining claim in this Territory located under the laws of the United States and of this Territory, or any local regulations in force in the district wherein such claim is situated, thereby in any manner affecting the rights of any person, firm or corporation, to such claim or location, or the land covered thereby, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction shall be fined in a sum not less than one hundred dollars, nor more than five hundred dollars, or imprisoned in the county jail for not less than sixty days, nor more than one year, or by both such fine and imprisonment, in the discretion of the court trying the case.

Nothing herein contained shall affect the rights of such locator or locators, and his or their assigns, to correct errors in such notice and file amended location notices as provided in Section 4 of said Chapter XXV of the Session Laws of 1889, and the laws of the United States; Provided, such change shall not affect or change the date of such location notice, or affect the rights of any other person.

Illegal Relocations

SEC. 4. Any person or persons, or the manager, officer, agent or employé of any person, firm or corporation, who shall, either by himself, or acting in collusion with others, relocate or attempt to relocate, or procure, or become interested, directly or indirectly in, and the relocation of, or in any manner

attempt to hold possession of, any forfeited mining claim, contrary to the provisions of this act, or who shall locate or in any manner become interested in the location of any other claim which shall include the whole, or any portion, of the ground covered by such forfeited claim, contrary to this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction shall be subject to the same penalty and punishment as provided in Section 3 of this act.

Possession Trespass

SEC. 5. When any person, firm or corporation shall be lawfully and peaceably in possession of any mining claim in this Territory, and shall have complied with all the requirements of law and regulations in force in the district in which said mining claim is situated, such persons, firm, or corporation shall be deemed to be the rightful possessor of such mining claim and of the land included therein; and any person or the officer, agent or employé of any corporation who shall by force, intimidation, fraud or stealth, or in the temporary absence of the rightful possessor, enter upon such mining claim with intent to hold the same, or any part thereof, against the rightful possessor, shall be considered a trespasser; and the judge of the district court for the district in which such claim is situated shall, upon the proper showing of such facts made by affidavit or by oral testimony upon a hearing ordered for that purpose, and upon the filing with the clerk of said district court of a good and sufficient bond, grant an order to show cause why a writ of injunction should not issue, enjoining and restraining such trespasser, his servants, agents, and employés, and any persons associated with him, from in any manner interfering with the rightful possessor in the possession of such claim until the final disposition of said cause.

Boundaries, How Marked

SEC. 6. That Section 2 of Chapter XXV of the Acts of the 28th Session of the Legislative Assembly of the Territory of New Mexico be, and the same is hereby, amended to read as follows:

"Within one hundred and twenty days from the date of locating any mining claim within this Territory, the locator or locators thereof shall cause the surface boundaries of such claim to be plainly marked by eight substantial posts or stone monuments, each projecting at least three feet above the surface of the ground, to wit: One at each corner of said claim, and one at the center of each end and side line thereof, each of which posts or monuments shall be plainly marked so as to show the name of such claim and the direction thereof from each post or monument."

Regulations Filed by Owners of Patented Land

SEC. 7. The owner or owners of lands within this Territory, the title to which has been vested by letters-patent from the United States Government, may make and file in the office of the county clerk of the county in which such lands are situated, such rules and regulations, not inconsistent with the laws of the United States, and of this Territory, as they may see fit, governing the location and acquisition of mining claims thereon, which rules and regulations when so filed shall be binding upon all parties, and a copy thereof

duly certified by the county recorder shall be received and admitted as evidence in any suit or proceedings relating to such mining claims; such rules and regulations may be changed and supplemented from time to time by other rules and regulations filed in like manner, providing that such change shall not affect rights acquired prior thereto.

Affidavit of Work Done

SEC. 8. The owner or owners of any unpatented mining claim in this Territory, located under the laws of the United States and of this Territory, shall within sixty days from and after the time within which the assessment work required by law to be done upon such claim should have been done and performed, cause to be filed with the recorder of the county in which such mining claim is situated, an affidavit setting forth the time when such work was done, and the amount, character and actual cost thereof, together with the name or names of the person or persons who performed such work; and such affidavit when made and filed as herein provided shall be prima facie evidence of the facts therein stated. The failure to make and file such affidavit as herein provided shall, in any contest, suit of proceedings touching the title to such claim, throw the burden of proof upon the owner or owners of such claim to show that such work has been done according to law. Approved March 18, 1897. Session Laws, 1897, p. 125.

Protection of Mining Property from Trespass

SEC. 1. Whenever the owner or lessee of any mining property in the Territory of New Mexico shall desire to operate the same and to prevent trespassers from entering thereon, such owner or lessees may post notices in English and Spanish in at least three public places on said premises, warning all persons from entering upon said property without the permission of the owner or lessee or his or their authorized agent or superintendent, which notices shall describe the boundaries of said property.

SEC. 2. After the posting of such notices, it shall be unlawful for any person to enter upon said premises without such permission, mentioned in Section 1 of this act, and any persons violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding fifty dollars or imprisonment in the county jail for a period not exceeding thirty days, or both such fine and imprisonment, in the discretion of the court: provided, that this section shall not apply to any person or persons entering said premises in good faith for the purpose of ascertaining whether assessment work has been done, or for the purpose of making a location on government land.

SEC. 3. All acts and parts of acts in conflict herewith are hereby repealed and this act shall take effect and be in full force thirty days from and after its passage and approval.

[Approved March 3, 1905.]

OREGON

CONSTITUTIONAL PROVISION

Chinamen Not to Hold Real Estate or Work Mining Claims

SEC. 8. No Chinaman, not a resident of the State at the adoption of this