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1828

§ 235. Penal provision-Dispossession by force, etc. -SEC. 2. In all cases where two or more persons shall associate themselves together for the purpose of obtaining the possession of any lode, gulch, or placer claim, then in the actual possession of another, by force and violence or threats of violence, or by stealth, and shall proceed to carry out such purpose by making threats against the party or parties in possession, or who shall enter upon such lode or mining claim for the purpose aforesaid, or who shall enter upon or into any lode, gulch, placer claim, quartz mill, or other mining property, or not being upon such property, but within hearing of the same, shall make any threats, or make use of any language, signs, or gestures calculated to intimidate any person or persons at work on said property from continuing to work thereon or therein, or to intimidate others from engaging to work thereon or therein, every such person so offending shall, on conviction thereof, be fined in a sum not to exceed $250, and be imprisoned in the county jail not less [than] thirty days nor more than six months; such fine to be discharged either by payment or by confinement in said jail until such fine is discharged at the rate of $2.50 per day. On trials under this section, proof of a common purpose of two or more persons to obtain possession of property as aforesaid, or to intimidate laborers as above set forth, accompanied or followed by any of the acts above specified by any of them, shall be sufficient evidence to convict any one committing such acts, although the parties may not be associated together at the time of committing the same.

§ 236. Homicide on forcible entry-Aiders and abettors.-SEC. 3. If any person or persons shall 1829 associate and agree to enter, or attempt to enter, by force of numbers, and the terror such numbers is cal

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culated to inspire, or by force and violence, or by threats of violence, against any person or persons in the actual possession of any lode, gulch, or placer claim, and upon any such entry, or attempted entry, any person or persons shall be killed, said persons, and all and each of them, so entering or attempting to enter, shall be deemed guilty of murder in the first degree, and punished accordingly. Upon the trial of such cases, any person or parties cognizant of such entry, or attempted entry, who shall either be present, aiding, and assisting, or shall by promise of money, property, influence, assistance, or other thing of value, in anywise encourage such entry, or attempted entry, shall be deemed a principal in the commission of said offense.

AN ACT TO PROVIDE FOR THE DRAINAGE OF MINES, AND TO REGULATE THE LIABILITIES OF MINERS IN CERTAIN CASES, AND TO REPEAL ALL TERRITORIAL ACTS ON THE SUBJECT.

$237. Drainage of contiguous mines. - SEC. 1. Whenever contiguous or adjacent mines, upon the 1830 same or upon separate lodes, have a common ingress of water, or from subterraneous communication of the water, have a common drainage, it shall be the duty of the owners, lessees, or occupants of each mine so related, to provide for their proportionate share of the drainage thereof.

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§ 238. Contribution by parties benefited. Any parties so related failing to provide, as aforesaid, 1831 for the drainage of the mines owned or occupied by them, thereby imposing an unjust burden upon neighboring mines, whether owned or occupied by them, shall pay respectively to those performing the work of drainage their proportion of the actual and necessary cost and

expense of doing such drainage, to be recovered by an action in any court of competent jurisdiction.

§ 239. Companies for drainage incorporated.—SEC. 3. It shall be lawful for all mining corporations 1832 or companies, and all individuals engaged in mining, having thus a common interest in draining such mines, to unite for the purpose of effecting the same, under such common name, and upon such terms and conditions as may be agreed upon; and every such association, having filed a certificate of incorporation, as provided by law, shall be deemed a corporation, with all the rights, incidents, and liabilities of a body corporate, so far as the same may be applicable.

§ 240.

Forced contribution to drainage.-SEC. 4. Failing to mutually agree as indicated in the pre1833 ceding section for drainage jointly, one or more of the said parties may undertake the work of drainage, after giving reasonable notice; and should the remaining parties then fail, neglect, or refuse to unite in equitable arrangements for doing the work or sharing the expense thereof, they shall be subject to an action therefor, as already specified, to be enforced in any court of competent jurisdiction.

§ 241. Inspection to determine cost of drainage.— SEC. 5. When an action is commenced to recover 1834 the cost and expenses for draining a lode or mine, it shall be lawful for the plaintiff to apply to the court, if in session, or to the judge thereof in vacation, for an order to inspect and examine the lodes or mines claimed to have been drained by the plaintiff; or some one for him shall make affidavit that such inspection or examination is necessary for a proper preparation of the case for trial. The court or judge shall grant an order for the under

ground inspection and examination of the lode or mines described in the petition. Such order shall designate the number of persons, not exceeding three, besides the plaintiff or his representative, to examine and inspect such lode and mines and take the measurement thereof, relating the amount of water drained from the lode or mine, or the number of fathoms of ground mined and worked out of the lode or mines claimed to have been drained, the cost of such examination and inspection to be borne by the party applying therefor. The court or judge shall have power to cause the removal of any rock, debris, or other obstacles in any lode or vein, when such removal is shown to be necessary to a just determination of the questions involved: Provided, That no such order for inspection and examination shall be made except in open court or at chambers, upon notice of application for such order of at least three days, and not then except by agreement of parties, nor unless it appears that the plaintiff has been refused the privilege of making the inspection and examination by the defendant, his or their agent.

§ 242. When water from mines becomes common property.-SEC. 6. That hereafter, when any per1835 son or persons, or corporation, shall be engaged in mining or milling, and in the prosecution of such business shall hoist or raise water from mines or natural channels, and the same shall flow away from the premises of such persons or corporations to any natural channel or gulch, the same shall be considered beyond the control of the party so hoisting or raising the same, and may be taken and used by other parties the same as that of natural water-courses.

§ 243. Liability for damages caused by drainage from mines.-SEC. 7. After any such water shall have been so raised, and the same shall have flown

into any such natural channel, gulch, or draw, the party so hoisting or raising the same shall be liable for injury caused thereby, in the same manner as riparian owners along natural water courses.

§ 244. No drainage of undeveloped mines.-SEC. 8. The provisions of this act shall not be construed to 1837 apply to incipient or undeveloped mines, but to those only which shall have been opened, and shall clearly derive a benefit from being drained.

§ 245. Evidence under this act.-SEC. 9. In trial of cases arising under this act, the court shall admit 1838 evidence of the normal stand or position of the water while at rest in an idle mine, also the observed prevalence of a common water level or a standing water line in the same or separate lodes; also the effect (if any), the elevating or depressing the water by natural or mechanical means in any given lode has upon elevating or depressing the water in the same, contiguous or separate lodes or mine; also the effect which draining or ceasing to drain any given lode or mine had upon the water in the same or contiguous or separate lodes or mines, and all other evidence which tends to prove the common ingress or subterraneous communication of water into the same lode or mine, or contiguous or separate lodes or mines.

Approved March 16, 1877.

LOCATION AND REPRESENTATION OF PLACER MINING CLAIMS.1

§ 246. Location and recording of placers.-SEC. 1. The discoverer of a placer claim shall, within thirty days from the date of discovery, record his claim in the office of the recorder of the county in which said claim is sit

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