The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1864-12-31

PRESCRIBING THE MODE OF MAINTAIN
ING AND DEFENDING POSSESSORY
ACTIONS ON THE PUBLIC LANDS IN
THIS TERRITORY.
BE It Enacted By The Legislative assembly Of
the Territory Of Idaho, as foltOtcs
Any person being citizen of the United
States, or having, in accordance with law,
declared his intention TO become citizen,
now occupying and settled upon, or who may
hereafter occupy or settle upon any of the
public lands of the United States, in this
Territory, for the purpose of cultivating or
grazing the same may commence and main
tain any action for interference with, oI.inju-
ring the same: Provided, That if suchNand
contain mines of any of the precious metals,
the possession or claim of the person or
persons occupying the same for the purposes
aforesaid, shall not prevent the working Of
such mines by persons desiring to work the
same, as fully as if no such claim for agricul
tural or grazing purpose had been made
thereon: Provided, further, That this Act
shall not be so construed as to allow persons,
whe have subsequent TO the location of
land for agricultural or grazing purposes, to
coupon such lands for the purpose of mining,
without Teitherl first, paying the owner there
of the value of any growing crops they may
destroy, or giving bonds for the same this
provision not to extend to any crops planted
upon lands subsequent. to their location for
mining purposes And, Provided, further,
That this Act shall not be construed to au-
taorize the maintenance of any claim upon
lands which, at the commencement of any
such action, may have bean selected by the
United States and reserved for any purpose.
SEC. 2. Every claim, to enable the holder to
maintain any action as aforesaid, shall con-
tain not more than one hundred and sixty
acres of land; shall be compact in form, and
in no place less than eighty rods in width,
and so distinctly marked that the boundaries
thereof may be easily traced.
Sec. 3. Every such claim shall be accu-
rately described in a written notice, which
shall be recorded in the Office of the recorder
of the county wherein the claim shall be
situated, in book to be kept by him for that
/ purpose, together with an affidavit Of the
/ claimant setting forth 1st, That such claim
does not embrace more than one hundred and
sixty acres of land: End, That be or she
holds no other claim under the provisions of
this Act: And Sd, That to the best of his or
her information and belief, no part of said
land is claimed under any existing adverse
title
| Sec. 4. Within ninety days after the date
of such record, said claimant shall improve
the land SO recorded, unless the same shall
have been previously done by him, or some
one through whom he claims, by putting such
/ Improvement thereon as shall partake of the
realty to the value of two hundred dollars,
land shall continue to occupy and to cultivate
or Craze the same or some portion thereof,
either in person or by his agent or employee;
and no person shall be entitled to maintain
any such action unless he has complied with
all the provisions Of this Act.
SEC. 5. In any action for the possession of,
or for any injury done to a lot or parcel of
land, situated in any city, town or village, on