The Dalles times-mountaineer. [volume] (The Dalles, Or.) 1882-1904, 1899-04-29

ances, II there be one, who shall be
the custodian of mining records and
| miners liens, otherwise with the clerk,
of the county wherein the said claim
is situate, copy of the notice so post
ed by him upon the lode or claim,
within thirty days after the date of
posting the same upon the claim; and
shall pay fee of one dollar for such
record thereof, which said sum the said
recorder or clerk shall Immediately
pay over to the treasurer of such coun-
ty and shall take his receipt therefor.
as In case OF other county funds coming
into his possession as such officer.
Such officer shall Immediately record
notice.
Sec. 3 Before the expiration of
ninety days from the date of posting
the said notice of discovery upon his
claim as aforesaid, the locator must
sink discovery shaft upon the claim
located to depth of at least ten feet
from the lowest part of the rim of such
shaft at the surface, or deeper if nee
essary. to show by such work lode
or vein of mineral deposit in place.
A cut or crOsscut or tunnel which cuts
the lode at depth of ten feet, or an
open cut at least six feet deep, four
feet wide, and ten feet in length along
the lode from the point where the
same may be in any manner discov-
cred, is equivalent to such discovery
shaft. Such work shall not be deemed
part of the assessment work required
by the revised statutes of the United
States.
Sec. 4. Abandoned claims shall be
deemed unappropriated mineral lands,
and titles thereto shall be obtained as
in this act specified, without reference
to any work previously done thereon.
Sec. 5. Mining claims so located
shall thereafter beudeemed real estate,
and the owner of the possessory right
thereto shall have legal estate there
in, within the meaning of section 3l6
of Hill's Code.
Sec. 6. Prior to the obtaining of
patent from the general government
of the United States to such claim, the
same shall be exempt from taxation,
except as to the improvements, ma
chinery, and buildings thereon.
Sec. I. All conyeyances of mining
claims, or of interests therein, either
quartz or placer. shall be subject to
the provisions governing transfers and
mortgages of other realty as 20 execu-
tion, foreclosure, execution sale, and
redemption hereunder, but such re-
demption by the judgment debtor
must take place within sixty days
from date of confirmation, or such
right is lost.
Sec. 8. In case of redemption from
sale under judgment or decree. the
redemptioner shall pay such sum or
sums as are now required by law for
redemption under execution sale, and
such additional sum as may have been
expended upon the property so re-
deemed by the purchaser under execu-
tion, or his assigns. in order to keep
alive the possessory right thereto af-
ter such execution sale. not exceeding
the sum of one hundred dollars for
each claim, with ten percentum in
terest thereon from date of such ex-
penditure or expenditures.
Sec. 9. bitches and mining fumes,
permanently affixed to the soil. are
hereby declared to be real estate;
provided, that whenever any person,
company, or corporation, being the
owner of any such ditch, fume, and
the water right appurtenant thereto,
shall cease to operate or exercise own
ership over said ditch. fume, or water
right, for period of five years, and
every person, company, or corporation
who shall remove from this state with
the intent or purpose to change his or
its residence, and shall remain absent
one year without using or exercising
ownership over such ditch, fume or
water right, shall be deemed to haye
lost all title, claim, and interest there
in.
Sec. 10. Any and all locations or
attempted locations of quartz mining
claims within this state subsequent to
the thirty-first day of December. ls98
that shall not comply and be in ac-
cordance with the provisions of this
act shall be null and void.
Sec IL. That all contracts of mining
o-partnership commonly known as
grub stalking shall be in writing and
filed for record with the recorder of
conveyances of the county wherein lo-
cations Hereunder are made, Such
contracts must contain, first, the names
of the parties thereto, and second, the
duration thereof. Otherwise, such
contrrcts shall be null and void.