The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1866-02-03
AN ACT,
Reldt;ng to The Dscoveryof Gold and SlUer Quartz
s LOleS. and of the manner of their, location.
Be it enacted By the Legislative assembly of the
Ts,yitorv of Idaho as follOacS

4 y
SECTION l. That any person or persons who may here
after discover any quartz lead lode shall be entitled
one claim thereon by right of discovery and one claim
each by right of location PROVIDED That no person
shall be entitled to hold more than one claim by right
location lead or lode and that no person be
entitled have the right to locate to hold by location
or to have recorded any claim claims any lead
lode unless he be resident or inhabitant OF this Ter
ritory. S - - Ess
SEcs2 Taat quartz claim shall consist Of two hun
bred feet in length along the lead ode by hundred
feet width being fifty feet each side of said lead
lode covering and including all dips spurs and angles
within the bounds of said claim; and also the right of
dranage tu1neling and such other privileges may be
necessary to the working Of said claim PROVIDED That
nothing in this Act shall be construed to give any
claimant claimants any right to any separate dis
tnct odes other than the one claimed, running the
width of said claim to Obstruc any subsequent claim
ants in working and improving such distinct ledge; and
center of the ground between such lodges shall be the
dividing line between such claimants.
SEC g. The locator ocators of auy quartz claim
claims any lead lode shall at the time of locating
said claim or claims place substantial stake not less
than three inches in diameter at each end of the claim
50 located PROVIDED that where two claims
located together and recorded in notice. then the
aforesaid stakes shall be placed at each end of the claims
so located in notice. On said stake each end of
said claim claims, shall be placed notice in writing
and said notice shall contain the date of the location of
saidclam or claims the of the locator
locaGors the of the lead lode which said claim
claims located the number Of feetso claimed by
each OF said ocators the distance to the nearest end Of
said claim or claims from the discovery stake the drec
ton nearly possible from the discovery stake and
the direction said claim claims extend ill., nearly
may be from the point designated its their
mencement; and when more than person join in
notice in locating saidaims shall state the actual
Der OF feetclaimed and the portion of the ground
| claimed by each person SO locating.
SEC A. Two persons may locate or take claims
together in body by joining in notice specifying the
number ofclams located and the each person
50 joining III such location being written under the no.
ce: but the claims located shall exceed two hun
dred feet for each person ocating and said claims
shall said notice be numbered and designated as segre
gated claims and shall designate the position of the said
segregated ground In said claims SO located Iii notice
including when necessary, discovery claim except
when 1t may be necessary to include claim by right of
discovery and the notice shall then state in whose name
or names said discovery cam located The persons so
joining In one notice shall be considered tenants in
common, the work hereinafter required to be
done shall be fully finished and performed The work
hereinafter required to be performed quartz claim
entite the locator or his assigns to hold the as
estate may be performed any OF the inns so held
under one notice; PROVIDED it be equal in value one
hundred dollars for each and every hundred feet
held under notice. including the discovery claim
but when any claims have been located by two or more
persons in one notice. the required By
thls act has been performed on said claim or claims, to-
wit: One hundred dollars worth Of work for each and
every two hundred feet included in the notice locating
said claims the said claimants shall he deemed
common aud shall be subject all the rights privileges
and benefits responsibilities and liabilities OF tenants in
common.
SEC. All claims shall be recorded in the Recorders
Office OF the County IN which such lead lode shall be
discovered By filing with the Recorder copy of the
ce placed on the ledge or lode or similar notice con-
tanning the name of the ledge lode the
ofthelOcaors the number of feet camed the date of To-
cation the direction ia which the ledge or lode runs the
district and County in which the ledge or lJde may be
and the general distance and direction from some known
initial points, and any other or BY which
the ledge may be identified, known o. found Said no
tce shall be filed within days after the 5cation of any
claim or claims on any ledge load and the person
persons named in the notice shall each one for himself
and for the other, within three days after the
filing the notice. appear in person at the Recorders Office
and authorize recording Of the same in his
names; and No record shall be legal valid with
out the personal appearance of the person or per.
sons named in the notice at the Recorders Office The
Recorder shall record the In book kent for that
purpose and called the book Of Quartz Cams to which
there shall be complete and full duplicate index kept by
the Recorder and that the Recorder be entitled TO re
ceve fee Of twenty-five cents for filing each notice one
dollar for each quartz claim recorded and twenty-five
cents for indeXing each namen notice recorded with the
name thereon PROVIDED That if said lead or
lode be more than thirty miles from the County Seat of
said County, then the time for recording the same NAV
extend to fifteen days. and all persons recording any claim
or claims shall take oath before the Recorder of said
County, that said claim claims have been hereto
fore located according tol4w or II located that the
said claim claims have been abandoned or forfeited by
nonfulhlment of the provisions of this act.
Sec g. Quartz claims located and recorded in accord
with the provisions Of this act shall entite the per-
persons locating and recording hold the same
real estate to the Of himself his heirs and assigns
VIDED That within one year from and after the date
otrecordng he or they shall to be performed one
hundred dollars worth of work for each and every claim
of two hundred feet of said lead or Lode said work to
consist of the fOlIowng The stripping of the lead or
lode sinking of shafts excavatng of tunnels obtaining
machinery and preparing material for working said lead
or lode IN good faith. -
Sec T. Conveyances of quartz claims shall require the
ormalities and shall be subject to the same rules
Of construction as transfer and conveyance es-
tate.
Sec. s. Any person persons who shall wfully and
tear down destroy any notice posted on
quartz Claims tear destroy any stakes marking
quartz claims shall upon conviction thereof be deemed
guilty of mi demeanor, and shall be fined in any sum
not less than twenty five dollars exceeding one
hundred dollars by not less than thirty days nor more
than six months imprisonment in the County JAIL or by
both such fine and imprisonment and all Justices of the
Peace i'll their respective counties shall have Jurisdiction
If such offences.
SEC. 9. That act entitled IAN act relating to the dis
covery Of gold and silver bearing quartz lodges and of
the manner of their location approved December 18TH
D. 1864 and all other acts sections Of acts in con-
ict with this act be- and the hereby repealed
FEC TO- Any person or persons desiring to preserve
md perpetuate testimony to the su6ciency of the
amount Of work done any claim claims to entitle
aim or them to hold them real estate according the
provisions Of section six Of this act may take two dsn
erested persons to view such work. who shall carefully
examine the same, Immediately after which they shall
20 beole the County Recorder, other officer by law
to administer Oaths in the county, and take
md subscribe affidavit containing, first description
# the location of the claim claims which the work
performed the character and value of such work and
he date when they viewed the same; which affidavit
hall be filed by tho County Recorder and carefully pre-
erVed Such aidaVits certified copies Of the same,
lnder the certificate and seal of the County Recorder who
has the custody Of tbe original affidavit aidavits
hall in any Court in this Territory be prma cia evil
enco of the character and of labor performed on
he claim claims which described in such affidavit
" afndavits The Recorder shall receive fee of fifty
ents for filing and preserving the adaYits required by