Proviso.

Extra claim.

Proviso.

Tunnel intersects a lods already worked.

Right of way for tunnel.

Proviso.

shall have the right to claim two hundred feet each on any and all ledges or lodes, such tunnel may tap; Provided, Such ledges or lodes, have not been already discovered and worked in accordance with section three of this act, previous to the location and working of such tunnel.

SEC. 12. Any person or persons, discovering a ledge or lode by means of a tunnel, as provided for in section two of this act, shall be entitled to an extra or additional claim of two hundred feet for the discovery; Provided, That the total number of feet held or claimed by tunnel companies on any lode or ledge, shall not exceed three thousand feet by location for any such company, and all such lodes or ledges shall be held and worked in compliance with section three of this act. SEC. 13. When a tunnel shall intersect or cross a ledge or lode which is claimed to be a ledge or lode previously discovered and worked on the surface above said tunnel by other persons, then the owners of such tunnel shall have the right to extract for their own use and benefit, the minerals or ores from such disputed ledge or lode, until the person or persons claiming the same on the surface shall descend from the surface through a shaft, following the crevice of such ledge or lode or vein until they intersect the said tunnel with such shaft, which intersection of said tunnel, by said shaft, shall be proof of ownership; and said tunnel shall thenceforth and always remain open and free as a natural drainage for said ledge, lode or mine.

SEC. 14. Any person or persons shall have the right of way for a tunnel for the development of a ledge or lode already owned and claimed by them on the surface; Provided, such person or persons stake a notice, stating the object of such work, at the mouth of such tunnel; and such right of way shall not preclude or interfere with the right of other persons to prospect by tunnel or other process or means at any point not within fifty feet of either side of such tunnel. And the labor expended on such tunnel shall be construed to be labor to the same amount on the claims, for the development of which the tunnel shall be worked.

SEC. 15. Any person or persons claiming any ditch, or

or water site.

other water site, shall immediately place a substantial stake claims for ditch with notice of claim, stating the objects and purposes of said ditch at that point on the main stream or body of water from which the supply for said ditch is to be drawn, and proceed to survey the line of said proposed ditch to its month, where another stake and notice, similar to those at the head of the ditch, shall be placed.

SEC. 16. Notice of such claim for water privilege shall be recorded, and affidavit of such survey filed in the office of the register of deeds for the county or recorder of the district wherein such claim is situated, within fifteen days after the posting of the first notice.

SEC 17. Any person or persons claiming any ditch or water privilege shall, within six months after filing notice of such claim, complete the excavation of at least one-tenth of the entire length of said ditch, and within twelve months thereafter the construction of at least one-half of the entire length of the proposed ditch shall be completed, after which it shall be considered real estate.

Notice to be

recorded.

Time given for completion.

Proviso.

SEC. 18. Any person or persons who may be engaged Right of way. in conducting water into or through any mining district, or locality, shall have the right of way for that purpose over and across any road, ditch or mine; Provided, That such water be so controlled and guarded as not to interfere with the vested rights of others, flood, run into or damage by sipage, any mine or mines of other persons or parties.

SEC. 19. Any person or persons claiming mill sites for quartz mills, shall be entitled to locate for that purpose a tract of land not exceeding five hundred feet square, by posting notices at each corner of such claim, describing the objects and purposes thereof, and shall have the same surveyed, and a plat thereof recorded in the office of the recorder of the mining district or register of deeds of the county or district wherein such claim may be situated; and within six months after date of notice of such claim, the same shall be improved to the value and amount of two hundred dollars.

Mill sites.

SEC. 20. Miners are authorized to form aud establish Mining districts. mining districts, not to exceed twenty miles square, the

Proviso.

Mining recorder.

Fees of recorder

Proviso.

Local lawe.

Proviso.

Sales and transfers.

Indians.

boundaries of which shall be fully and clearly described and defined by natural objects, and the miners so forming such districts shall have power to adopt such local laws and rules as may be deemed necessary, each district for itself: Provided, They shall enact no local law, rule or order, which may be inconsistent with the laws of the United States and this territory.

SEC. 21. The miners of each district shall have power to elect a mining recorder, whose duty it shall be to keep a true and correct record of the proceedings of all miners' meetings; and it shall be his duty to record all notices of claims filed in his office for record.

SEC. 22. The recorder of such mining districts shall receive for recording each notice of claims at least one dollar, to be transmitted with a copy of such notice to the register of deeds of the county wherein such district is situated as may directed by the laws of the district; and the the recorder of such district may receive such other fees as shall be prescribed by the local laws thereof; Provided, That abstracts of all district records shall be forwarded to the office of register of deeds every four months.

SEC. 23. Each mining district shall, by local laws, establish its own rules for holding and working placer mines; Provided, All records of claims, whether of quartz or placer mines in district records, shall be legal and valid according to priority in filing notice for record.

SEC. 24. All sales, transfers and conveyance of quartz mining property, shall be made by deed as in the sale, transfer or conveyance of real estate.

Hindrance by SEC. 25. Hindrance of work by Indians shall not cause forfeiture of claims, when it is clearly proven that work could not have been prosecuted with safety to life or person.

Re-location.

SEC. 26. Any and all claims held in compliance with this act, shall not be subject to re-location, and all claims or fractions thereof not so held, may be re-located by any person or persons who shall file for record with the register of deeds or mining recorder, a notice of such re-location of

such lode or ledge, or water right or privilege, setting forth distinctly why such re-location is made.

SEC. 27. Any person or persons who may directly or indirectly be engaged, interested or implicated in maliciously destroying, removing, defacing, obliterating or otherwise altering the character or position, or changing the terms, significance, or original effect and intention of any notice of claim of any placer or quartz mine, or water or ditch privilege, or other claim of similar character, in any mining district or locality, unless such claim be subject, under the law, to re-location, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment for not less than one nor more than three months, or by a fine not less than one hundred nor more than three hundred dollars, or by both such fine and imprisonment.

Destroying or altering notice.

Dating notice prior to time of

SEC. 28. Any person who shall date any notice of claim herein provided for, prior to the time of the actual patting up. putting up of such notice, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding one hundred dollars, or imprisonmentin the county jail any time not exceeding six months, or both fined and imprisoned.

SEC. 29. This act shall take effect and be in force from and after its passage. Approved, December 2, 1869.

TERRITORIAL TREASURY.

CHAPTER 23.

AN ACT TO ORGANIZE AND ESTABLISH THE TERRITORIAL TREASURY

DEPARTMENT.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming:

TITLE I.

SEC. 1. The the consent of the council, appoint during the present session

governor shall nominate, and by and with

Governor to ap

point and commission auditor

and treasurer.

of the legislative assembly, a territorial treasurer and territorial auditor of public accounts, who shall hold their offices two years, and until their successors are duly appointed and qualified, who shall keep their respective offices at the seat of government. They shall be commissioned by the governor, and take the oath of office prescribed by law, which shall be indorsed on their several commissions.

SEC. 2. The treasurer shall give bonds to the territory of Wyoming in the penal sum of not less than ten thousand dollars, conditioned that he will truly account for all moneys coming into his hands by virtue of his office, and the auditor shall give like bouds in the penal sum of five thousand dollars, conditioned for the faithful discharge of the duty of his office, which several bonds, with the oath of office, shall be deposited in the office of the secretary of the territory.

SEC. 3. Each surety, when he shall siga such bond, shall write down in words opposite his name the amount he is willing to swear he is worth, and shall make such oath before a justice of the pesce in writing to be laid before the governor, that he believes himself to be worth the sum written opposite his name, over and above all his debts, liabilities and exemptions.

SEC. 4. The secretary of the territory shall indorse on the bond his approval thereof, stating the time of approval, and file the same in his office.

SEC. 5. No auditor or treasurer shall enter upon the duties of his office unti he shall have given bonds as specified in the foregoing sections.

SEC. 6. The treasurer and anditor shall each keep a seal of office, which shall be used to authenticate all writings, papers and documents certified from either of such officers respectively.

SEC. 7. All books, maps, stationery, furniture, office rent and fuel, necessary for the use of the offices of auditor and treasurer, shall be furnished at the expense of the territory. TITLE II,

Of the Auditor and kis Duties.

SEC. 1. The auditor of public accounts shall be the