The copper era., 1901-05-02

attached to a true copy of such notice, and such notice and affidavit must be recorded fin the office of the County Recorder of the county in which the mining claim Is situate within ninety
 go days days after giving the notice; or. if such notice is given by publication in a newspaper there shall be attached 10 q printed copy of such notice an affidavit of the editor, publisher or foreman of such paper. stating the date of the first, last and each insertion of such notice therein, and when and where the newspaper was published during that time. and the name of such newspaper. Such affidavit and notice shnll be recorded as aforesaid within one hundred and eighty days after the first publica- ton thereof.
 section l6. The original of such notice and afidavits. the records thereof shall be eyi- denee that the delinquent mentioned in Section 232i has failed or refused to contribute his pro portion of the expenditure required by that section and Of the services or publication of said notices provided, the writing affidavit hereinafter provided for is not of record.
 Section r. If such delinquent shall, within the ninety days required by Section 232i afore- said contribute to his co-owner or co-owners his proportion of such expenditures, such CO., owner or co-Owners shall sign and deliver to the delinquent or deliuquents a writing. stating that the delinquent or delinquents, by name, has, within the time required by Section 232i of the Revised Statutes of the United States, con- tributed his share for the year. ----.. upon the ............... mine and further stating therein the district county and territory wherein the same is situate. and the book and page where the location notice is recorded. Such writing shall be recorded in the office of the County Re corder of said county
 Section IS. If such co-owncr or cO-owncrs shall fail to sign and deliver such writing to the delinquent or deiinquents within twenty days after such contribution. the co-owner or co-owners so failing as aforesaid shall be liable for A penalty of one hundred dollars to be re- covered by any person for the use of the delin- quent delinquents, in any court of competent jurisdiction. If such co-Owner or co-owners fail to deliver such writing within said twenty days then the delinquent. with two disinterest ed persons having personal knowledge of such contribution, may make an affidavit setting forth in what manner the amount of. to whom and upon what mine such contribution was made Such affidavit. a record thereof in the office of the County Recorder of the county in which such mine is situate, shall be prima facie evidence of such contribution.
 Section 10. Tn all actions, judgments, grants or conveyances. it shall be a sufficient descrip ton of a mining claim if it can be intelligentlv learned therefrom the name of the claim, the district county and territory where it is situate. and the book and page where the location notice thereof is recorded.
 Section 20. The County Recorders of the sev- eral counties are authorized and required to procure suitable books in which the records of all mines and mineral deposits shall be kept. which said books shall be paid for out of the county treasury.
 Section 2l Nothing in this act shall be con strued as to affect the claims to mines and min eral deposits heretofore located and duly re- corded.
 DRAINAGE
 Section p. Whenever adjacent or contiguous mines occupied and worked upon the same or upon separate lodes, have a common ingress of water, or by reason of subterranean cOmmuni- cation of water have q common drainage, it shall be the duty of the owners, lessees or occu- pants of said mine related to provide for their proportionate share of such drainage, or to pre- vent the water in such mine from flowing in or upon neighboring mines, thereby imposing upon them an unjust burden.
 Section 2S If any owners. lcssees or occu- pants of any such mine shall fail or neglect to provide for the drainage thereof, and by reason of such failure or neglect the owners, lessees or occupants of any adjacent or contiguous mine are compelled to pump or drain or otherwise provide for the water flowing in from such first mentioned mine, then, and in such event, the owners, lessees or oc -upants of the mine so in default shall pay respectively to those perform ing the work of drainage their proportion of the actual and necessary cost and expense of pumping draining otherwise providing for said water, and if they fail or refuse to make such payment the same may be recovered by an action in any court of competent jurisdiction.
 Section 2i IL shall be lawful for all mining corporations or companies and all individuals engaging in mining having thus a common in terest in draining such mines, to unite for the purpose of cffecting the same under such com mon name and upon such terms and conditions as may be agreed upon; and every such asso- citation having filed Il certificate of incorpora ton. as provided by law. shall be deemed cor poration, with all the rights. incidents and liabilities of q body corporate so far as the same may be applicable.
 Section 2s. Failing mutually to agree as in dicated in the preceding section for drainage jointly, one more of said parties may under take the work of drainage after giving reason able notice to the other parties interested aforesaid, and should the remaining parties then fail, neglect refuse to unite in equitable arrangements for doing or sharing the expense thereof they shall be subject 10 an action there for as already specified, to be enforced in any court of competent jurisdiction.
 Section 26 When an action is commenced, provided herein. to recover the costs and penses for draining lode or mine it shall be lawful for the plaintiff to apply to the court, or to the judge thereof in vacation, for an order to inspect and examine the lodes or mines claim cd to have been drained by the plaintiff, and n affiiaXit hat Supb ton is necessary for proper preparation of the case or trial the court or judge shall grant an order for the underground inspection and eS- animation of the lode or mine described in the petition. Such order shall designate the num- Der of persons. not exceeding three besides the plaintiff or his representative, who may ex- anime and inspect such lode and mines and ake measurements for the purpose of showing the amount of water taken 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 rock, debris any other obstruction in any lode or vein when such removal is shown to be necessary to a just determination of the question involved; provided. that no such order for in. spection and examination shall be made except upon notice of at least three days. nor unless it appears that the plaintiff has been refused the privilege of making the examination by the defendant, his or their agent
 Section 2. The provisions hereof shall not apply to unopened or undevoloped mines, but shall apply to all opened and developed mines which derive benefit from being drained ASSAYS AT UNIVERSITY AND RFCoRDISG Sor1cFs