Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1860-04-21
CHAPTER CCLx.

digging forsEead ore
The People Of &c State Of Jrfseonsa, represeated IN
:" Senate ard assembly, % enact a. fosiors.--
CHAPTER CCLx.
SEC. l. That when there is no contract
between the parties, or terms established
by tie landlord to the contrary, the follow
ing rules and regulations shall be applied to
mining contracts, and to leases for the Dig
giug Of lead ore.
SEC. Q. No license Of lease, verbal OF
written, made to miner, shall be revoca-
bic by the maker thereof after a valuable
discovery or prospect has been struck, unless
the miner shall forfeit his right BY negli-
gence, such as establishes a forfeiture ac-
cording to mining usages.
SEC. The discovery of crevice or a
range containing lead ore shall entitle the
discoverer to the mineral pertaining thereto,
subject to the rent due his landlord, before
as well as after the mineral is separated
from the freehold but such miner shall not
be entitled to recover any mineral, or the
value thereof, from person digging on his
range in good faith, and known to be min
ing thereon, until he shall have given notice
of bis claim, and he shall be entitled to the
mineral dug after such notice.
SEC. 4. In case of conflicting claims to a
crevice or range bearing lead ore, the court
before which an action to enforce such claim
is pending may continue the cause for the
purpose Of allowing the parties to prove up
their diggings; In such case the court shall
appoint a receiver, into whose hands the
mineral rased by either party pending the
dispute shall be delivered The diggings
shall be worked under the direction Of the
receiver (wh3 shall discharge the rent, sub
ject to the order Of the court or Judge, in
such manner as will best tend to ascertain
the respective rights Of the parties; but no
such continuance shall be allowed Unless il
shall appear to the court, by sufficient eyi-
dence, that such delay is necessary to pro
mote the ends of justice, and the circuit
Judge, on proper notice, and proofs,
may grant time to prove up claim and ap-
point receiver In vacation as well as term
time.
SEC. 5. Any miner who shall conceal Of
dispose Of any mineral or digging for the
the purpose Of defrauding bis lessor of his
rent, or who shall neglect to pay any fent
on mineral raised by him for three days af
ter notice thereof and claim such rent, shall
forfeit all right to bis diggings or range; =
and his landlord after such conceaIment, Of
after three days have expired from the time
Of demanding rent, may proceed against
him to recover possession of his diggings
before a Justice Of the Peace, as in a case Of {
tenant holding over after the termination d
his lease, according to chapter one hundred
and fifty-one Of the Revised Statutes; anc
in. case miner shall neglect to work hi.
diggings according to the usages Of miners
without reasonable excuse, he shall likewis,
forfeit bis diggings, and his landlord shall
proceed against him in like manner, to re-
cover possession of the same.
SEC. 8. Usages and customs among mi
ners may be proved, in explanation Of mi
ming contracts, to the same extent as us
ages may be proved in other branches 0
business.
SIC. Z. This Act shall take effect and b
in force from and after its passage and pub
location.
! Approved March so. 1890.