distance from said mines, then the co-owner or co-owners giving such notice may elect as to which paper said notice shall be published in. If there be no weekly newspaper published within said county, then service of said notice shall be made by publication in any other weekly newspaper within the State of Oregon, published nearest the said mines; said notice shall be published at least once a week for a period of ninety days from and after the first publication thereof. If said notice shall be served by any sheriff of this State, as herein provided, such sheriff shall make return thereof by filing such notice with his return showing such service with the county recorder for the county within which such mine or mines are situate, if there be a county recorder in said county; and, if not, he shall file the same with the county clerk in such county in which said mine or mines are situate. If personal service of such notice cannot be had, as herein provided, proof of such service shall be made by the filing with the county recorder of the county in which said mine or mines are situate, if there be a county recorder, and if there be no county recorder in said county, then by filing with the county clerk of said county said notice as published, attached to an affidavit, made by the printer, foreman, or publisher of such newspaper, to the effect that such newspaper is of general circulation throughout said county, is published weekly, and that such notice was published at least once a week in said newspaper for a period of not less than ninety days from and after the first publication thereof. That at the expiration of ninety days from the date of the personal service of said notice upon said delinquent co-owner or co-owners, or, if at the expriation of ninety days from the date of the last publication of said notice, said delinquent co-owner or co-owners shall not have paid to the co-owner or co-owners who performed or caused to be performed such assessment work, his or their proportion thereof, then the title to the interest of said delinquent co-owner or co-owners in said mine or mines shall be immediately vested in the co-owner or co-owners who performed or caused to be performed such assessment work; and the co-owner or co-owners who performed such assessment work shall be entitled to file with the county recorder of the county where said mines are situate, or, if there be no county recorder in said county, then with the county clerk of said county, his or their affidavit or affidavits, to the effect that said payment has not been made; and upon the filing of such affidavit or affidavits said county recorder or county clerk, as the case may be, shall record such notice, proof of service thereof, and affidavit or affidavits in a book kept by him for such purpose, and shall then and there issue to such co-owner or co-owners who shall have performed or caused to be performed such assessment work, a certificate to the effect that he has filed and recorded said notice, proof of service, and affidavit or affidavits of non-payment, and to the effect that such co-owner or co-owners who have performed or caused to be performed such assessment work, have become and are the owners of all of the right, title, and interest of said delinquent co-owner or co-owners of said property. Such certificate shall not be issued until such co-owner or co-owners entitled to the same shall have paid to the said county recorder or county clerk, as the case may be, a fee of $1 for such certificate. If prior to the issuing of such certificate, there shall be filed with said county recorder or county clerk an affidavit or affidavits to the effect that such payment has

not been made by such delinquent co-owner or co-owners, and there shall also within said time have been filed with said county recorder or county clerk an affidavit by the delinquent co-owner or co-owners that such payment has been made, then said county recorder or county clerk, as the case may be, shall not issue such certificate, but such parties shall be left to establish such fact by suit to quiet the title to said premises, and if, in such suit, it shall appear either that the assessment work was not performed by the coowner or co-owners claiming to have performed the same, or that the delinquent co-owner or co-owners have performed or paid his or their proportion of said assessment work, then a decree shall be entered in said suit to that effect; but if, in said suit, it shall be established that said assessment has been performed by or has been caused to be performed by the co-owner or coowners claiming to have performed, or caused the same to have been performed, and that the delinquent co-owner or co-owners have not performed their proportion thereof, or have not paid their proportion thereof, then a decree shall be entered therein decreeing the co-owner or co-owners who have performed said assessment work to be the owner or owners of all of the interest of said delinquent co-owner or co-owners in said premises, which decree shall be entitled to record in the miscellaneous records kept by the county recorder or county clerk in said county, and shall be indexed in the index with the record of deeds and mining conveyances for said county. Such certificate, when issued as herein provided, shall be equivalent to a deed from such delinquent co-owner or co-owners of all of their interests in and to all of said mines described in such notice and shall convey the interest of the delinquent co-owner or co-owners in said premises to the co-owner or co-owners who performed or caused to be performed such assessment work; such certificate may be introduced in evidence in any cause where the ownership of said property may become material, and when so introduced shall have the same force and effect as would a duly executed and delivered deed from such delinquent co-owner or co-owners of said premises, a certified copy of such certificate, and the certified copy of such notice and return when made and certified to by such county recorder or county clerk, as the case may be, shall be admissible in evidence in any trial where it is material to establish the proof of service of such notice or the ownership of said property. Such certificate, when given by such recorder or county clerk, shall be entitled to record in the office of the officer issuing the same, upon the payment of the same fees as are required for the recording of said mining conveyances; such county clerk or county recorder, as the case may be, shall keep a record book, showing the record of such certificates as shall be recorded by him, and upon recording the same shall index the said certificates in a book kept by him for that purpose, and shall likewise index the same in the deed records of mining conveyances kept by him. Such indexing and recording shall have the same force and effect as the indexing and recording of deeds to other real property, and shall give like constructive notice. [L. 1903, p. 326, § 1.]

FEES PROPERTY OF COUNTY COLLECTING

All fees collected under this act shall be the property of the county in which the same are collected, and shall be accounted for by the officer collect

ing the same, the same as other recording fees are accounted for. [L. 1903, p. 330, § 2.]

SOUTH DAKOTA

LOCATION AND SIZE OF MINING CLAIM

Length of Claim

SECTION 2532. The length of any lode claim hereafter located within this State may equal but shall not exceed fifteen hundred feet along the vein or Lode. [C. L. 1997.]

Width of Claim

SEC. 2533. The width of lode claims shall be one hundred and fifty feet on each side of the center of the vein or crevice; Provided, That any county may at any general election determine upon a less width than above specified, Provided, That not less than twenty-five feet on each side of the vein or lode shall be prohibited. [C. L. 1998.]

Discoverer to Record Claim

SEC. 1999. The discoverer of a lode shall within sixty days from the date of discovery record his claim in the office of the register of deeds of the county in which such lode is situated, by a location certificate, which shall contain:

1st, the name of lode; 2d, the name of the locator, or locators; 3d, the date of location; 4th, the number of feet in length claimed on each side of the discovery shaft; 5th, the number of feet in width claimed on each side of the vein or lode; 6th, the general course of the lode, as near as may be; 7th, that when the location certificate is filed for record in the office of the register of deeds, the register of deeds shall immediately furnish to the locator or locators a certificate giving the name of the location; the name of the locator or locators; the date of filing in the office of the register of deeds; and the book and page where recorded, for which certificate the register of deeds shall receive the sum of ten cents in addition to the amount now allowed by law for filing and recording location certificates, which certificate shall be delivered to the locator or locators, who shall post the same, or a copy thereof, on the said claim on the same post or tree where the original notice is posted and in a conspicuous place. And if said certificate from said register of deeds or a copy thereof is not so posted within ninety days from the date of the original notice the said claim shall be deemed abandoned ground and be subject to relocation by any qualified locator. The said register of deeds shall, at the time of issuing said certificate, make a notation on the margin of the recorded certificate giving the date of the delivery of said certificate, which notation shall be prima facie evidence of the delivery and posting of the same as herein provided.

Certificate - When Void

SEC. 2535. 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 number of feet in width claimed, the general course of the lode, and such

description as shall identify the claim with reasonable certainty, shall be void. [C. L. 2000.]

Manner of Locating

SEC. 2536. Before filing such location certificate the discoverer shall locate his claim by first sinking a discovery shaft thereon sufficient to show a well-defined mineral vein or lode, and not less than ten feet in depth on the lower side. 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 or locators and the date of discovery, the number of feet claimed in length on either side of the discovery, and the number of feet in width claimed on each side of the lode. Third: by marking the surface boundaries of the claim. [C. L. 2001.]

Marking Surface Boundaries

SEC. 2537. Such surface boundaries shall be marked by eight substantial posts, hewed or blazed on the side or sides facing the claim and plainly marked with the name of the lode and the corner, end or side of the claim that they respectively represent, and sunk in the ground, to wit: one at each corner and one at the center of each side line, and one at each end of the lode. When it is impracticable on account of rock or precipitous ground to sink such posts, they may be placed in a monument of stone. [C. L. 2002.]

Requisites of a Location

SEC. 2538. Any open cut, at least ten foot face, crosscut or tunnel at a depth sufficient to disclose the mineral vein or lode, 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. [C. L. 2003.]

Time for Performing Labor

SEC. 2539. The discoverer shall have sixty days from the time of uncovering or disclosing a lode to sink a discovery shaft thereon. [C. L. 2004.] Certificate Construed

SEC. 2540. The location or location certificate of any lode claim shall be so 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 lie inside of such lines extended 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 continued, whether by dip or otherwise, or beyond the side lines in any other manner than by the dip of the lode. [C. L. 2005.]

Claim not to Extend beyond Boundary Line

SEC. 2541. If the top or apex of the 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. [C. L. 2006.]

Security from Miner

SEC. 2542. 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. [C. L. 2007.]

Amended Certificate Filed

SEC. 2543. 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 article, such locator or his assigns may file an additional certificate subject to the provisions of this article: Provided, That such relocation does not interfere with the existing rights of others at the time of such relocation; and no such relocation or the record thereof shall preclude the claimant or claimants from proving any such title or titles as he or they may have held under previous locations. [C. L. 2008.]

Amount of Annual Work

SEC. 2544. The amount of work to be done or improvements made during each year to hold possession of a mining claim shall be that prescribed by the laws of the United States, to wit: one hundred dollars annually; Provided, That the period within which the work required to be done annually on all unpatented claims so located shall commence on the first day of January succeeding the date of location of such claim. [C. L. 2009.]

Relocating Abandoned Claim

SEC. 2545. 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 shaft, cut or adit to a sufficient depth to comply with sections 2536 and 2538, and erect new or adopt the old boundaries, renewing the posts if removed or destroyed. In either case a location stake shall be erected. In any case, whether the whole or part of an abandoned claim is taken, the location certificate must state that the whole or any part of the new location is located as abandoned property. [C. L. 2010.]

Certificate Contains but One Location

SEC. 2545. 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. [C. L. 2011.]

Recording Fee

SEC. 2547. The register of deeds shall be entitled to receive the sum of one dollar for each location certificate recorded and certified by him, and shall furnish the locator or locators with a certified copy of such certificate when