as records, documents and papers certified under the seal of the supreme court by a clerk thereof, or by any of the public officers, boards or departments of this state, pursuant to statute, or the provisions of the code of civil procedure.

[Section 5, temporary.]

TITLE XI.

Of the Interest of the State in Mines.

SEC. 1. What mines belong to the state in right of sovereignty.

2. Other mines belonging to the state.

3. What mines belong to the owner of the soil.

4. Discoverers of gold and silver mines, to have benefit thereof for twenty-one

years.

5. Notice to be given to the secretary of state by such discoverer.

6. Such discoverer to be preferred in subsequent contracts for the working of the mines.

7. Limitation of the provisions of this title.

TITLE 11.

[281]

Interest of

SECTION 1. The following mines are, and shall be, the property t of the people of this state, in their right of sovereignty :

1. All mines of gold and silver discovered, or hereafter to be discovered, within this state.

sovereign.

TITLE 11.

As owner.

Private property.

Bounty to discover.

ers.

Notice to be given.

[282] Privilege of dis

coverers.

Qualifications.

2. All mines of other metals discovered, or hereafter to be discovered, upon any lands owned by persons not being citizens of any of the United States.

3. All mines of other metals discovered, or hereafter to be discovered, upon lands owned by a citizen of any of the United States, the ore of which, upon an average, shall contain less than two equal third parts in value, of copper, tin, iron and lead, or any of those metals.

[1 R. L., 124, §§ 1 and 5; 293, § 5.]

§ 2. All mines, and all minerals and fossils discovered, or hereafter to be discovered, upon any lands belonging to the people of this state, are and shall be the property of the people, subject to the provisions hereinafter made to encourage the discovery thereof.

[L. 1827, 239, § 4.]

§ 3. All mines of whatever description, other than mines of gold and silver, discovered or hereafter to be discovered, upon any lands owned by a citizen of any of the United States, the ore of which, upon an average, shall contain two equal third parts or more, in value, of copper, tin, iron and lead, or any of those metals, shall belong to the owner of such land.

(1 R. L., 125, § 5.]

§ 4. Every person who shall make a discovery of any mine of gold or silver, within this state, and the executors, administrators or assigns of such person, shall be exempted from paying to the people of this state, any part of the ore, produce or profit of such mine, for the term of twenty-one years, to be computed from the time of giving notice of such discovery, in the manner hereinafter directed.

[1 R. L., 125, § 1.]

§ 5. No person discovering a mine of gold or silver within this state, shall work the same, until he give notice thereof, by information in writing, to the secretary of this state, describing particularly therein, the nature and situation of the mine. Such notice shall be registered in a book, to be kept by the secretary for that purpose.

[1 R. L., 125, § 2.]

§ 6. After the expiration of the term above specified, the discoverer of the mine, or his representatives, shall be preferred, in any contract, for the working of such mine, made with the legislature, or under its authority.

(1 R. L,, 125, §§ 3 and 4.]

§ 7. Nothing contained in this title shall affect any grants heretofore made by the legislature, to persons having discovered mines; nor be construed to give any person a right to enter on, or break up, the lands of any other person, or of the people of this state, or to work any mine in such lands, unless the consent, in writing, of the owner thereof, or of the commissioners of the land-office, when the lands belong to the people of this state, shall be previously obtained.

[1 R. L., 125, § 4.]

L. 1867, Chap. 943 – An act in relation to the working of mines reserved to the state, and to the use and occupation of lands for such purpose. Power to enter upon lands for purpose of working mines. SECTION 1. In all cases in which a person or persons shall have discovered a mine or mines, and become entitled to work the same pursuant to title eleven, chapter nine, part first of the Revised Statutes, and such person or persons shall form a corporation pursuant to chapter forty of the laws of eighteen hundred and forty-eight, and the several acts subsequent thereto and amendatory thereof, if the consent in writing to enter upon and break up the lands of any person in or upon whose lands said mine or mines are found shall be refused, or cannot be obtained by agreement, or by reason of the infancy or the absence of such person from the state, or other legal disability of the owners of such lands, the said corporation so formed may enter upon and break up the lands of such person for the purpose of working such mine or mines in the manner hereinafter provided, and the right and easement so to do shall be deemed granted for public use, and for the public purpose of obtaining minerals reserved to the state; and the said right and easement are hereby granted to the corporation so formed, on their filing with the commissioners of the land-office a full description of the location of such lands and obtaining a grant thereof from said commissioners, who are hereby authorized to make such grant and file the terms thereof.

Filing of petition and appointment of commissioners to fix damages. § 2. The said company entitled to work such mines may file a petition in the supreme court of the state, setting forth the facts upon which they claim such right and the reasons which prevent their entering upon the land necessary for their mining operations; and upon such petition the court may appoint three disinterested persons as commissioners to examine into the matter, ascertain and fix the damages aforesaid, and report to the court. Notice of the filing of such petition shall be published in one of the papers printed in the county, or in each of the counties where the mine or mines are situated, and in the state paper, and a copy of such notice shall be served personally upon the owners of the land, or, if they are infants, upon their guardians, or if lunatics or under any other legal disability, on the committee having charge of them and their property. And the publication of such notice in the state paper shall be deemed a sufficient notice to such owners as are residents in other states or in other countries, or are temporarily absent from the state, provided that when the actual residence of such absentees is known or can be ascertained, a copy of such notice and petition shall be sent them by mail. All the parties interested shall be entitled to a hearing before such commissioners, at such time or times as said commissioners shall appoint. report of the commissioners shall state:

1. The existence of the mine or mines proposed to be worked.

The

2. The names of the parties owning the land in which the mine or mines are situated, and the owners of the adjacent lands, so far as they are affected by the application, and the nature and value of their interest in the same individually. A map of such lands, from actual survey by metes and bounds, shall accompany the report.

3. An estimate of the damages to such owners from the contemplated use and occupation of their lands.

4. Such other information as the court may direct.

Report of commissioners, etc.; order denying or granting petition. § 3. The report of the commissioners shall be made within a reasonable time, to be fixed by the court. An order shall be made, in the discretion of the court, either denying the petition or granting it, and determining the quantity of land necessary for working the mine or mines, the damages to property by taking possession thereof, and the annual rent or the compensation to be paid to the owner, lessee or occupant thereof so long as the use and occupation shall continue. And thereupon the company in whose favor the order shall be made, upon payment of the damages,

and upon entering into an agreement, to be approved by the court, to pay the annual rent or the compensation and damages thus determined, shall have the right to enter upon and occupy and use the land set apart by such order, so long as they or their assignees shall work the said mine or mines and shall pay the said annual rent or compensation.

Guardians for infants. § 4. If the parties owning the land are infants or otherwise incompetent to act, the court shall appoint guardians to take care of their interests, and shall direct how any damages assessed, or compensation or rents to become due, shall be paid and invested for their benefit.

TITLE 12.

[283]

TITLE XII.

Of Escheats.

[This entire title was repealed by L. 1880, ch. 245, being superseded by §§ 19771981, of the Code of Civil Procedure. The following statute remains still, it is believed, in force.]

L. 1831, Chap. 116 – An act respecting escheated lands.

Lands held under written contract. SECTION 1. Where lands have been or shall be escheated to the people of this state, and the person last seized was a citizen, or capable of taking and holding real estate, the commissioners of the land-office shall fulfil any contracts which may have been made by the person so seized, or by any person from whom his title is derived, in respect to the sale of any such lands, so far only as to convey the right and title of this state, pursuant to such contracts, without any covenants of warranty or otherwise, and shall allow all payments which may have been made on such contracts.

2 Hill, 74; 66 Barb., 374.

Under verbal agreements. § 2. If any part of such escheated land shall have been occupied under a verbal agreement for the purchase thereof as aforesaid, and the occupants shall have made valuable improvements thereon, the same shall be deemed as valid and effectual within the provisions of this act, as if such agreement had been in writing.

Payments. § 3. In cases where the commissioners of the land-office shall be satisfied that the payments still due on any such contract, exceed the value of the land exclusive of improvements made by the purchaser, and in cases where tenants have occupied any part of such escheated lands, by the permission of the person last seized, or of any person from whom his title is derived, with a view to the purchase thereof, the said commissioners shall cause such land to be appraised, and shall sell the same to the person who may have made such contract, or to the tenant who shall have so occupied any part of such land, their representatives or åssigns, for the appraised value of such land, exclusive of improvements, upon such person or tenant complying with the provisions of this act.

Application when to be made. § 4. Application for the benefits of the provisions of this act, shall be made by the persons entitled thereto, within one year after the land in respect to which such application shall be made, shall have been reported by the attorney-general, to the commissioners of the land-office, as having been recovered.