declared open to re-location and registry. Provided, that nothing herein contained shall be so construed as to affect mining claims heretofore sold and disposed of by the Territory. SEC. 5. Nothing in this act shall be construed to apply to placer mines or mining, or other mineral deposits other than those commonly called veins or lode mines. SEC. 6. Chapter fifty of the Howell Code, entitled "Of the registry and government of Mines and Mineral Deposits," as well as all other acts or parts of acts in conflict with the provisions of this act, are hereby repealed. SEC. 7. This act shall take effect and be in force from and after the first day of January, A. D. eighteen hundred and sixty-seven. APPROVED November 5th, 1866. AN ACT To provide for the Segregation of Mining Claims. SECTION 1. That whenever any one or more joint owners or tenants in common of gold, silver, copper or mineral bearing ledges or claims may desire to work or develop such ledges or claims, and any other owner or owners thereof shall fail or refuse to join in said work, after due notice of at least thirty days, given by publication in one newspaper printed in the County in which said ledges or claims are located, and if none be printed in said Couuty, then in any newspaper printed in the Territory, said notice to have publication in four successive weeks of said paper, said other owner or owners may, upon application to the District Court of the district wherein the ledge or claim is situated, cause the interests of said parties so refusing to be set off or segregated as hereinafter set forth. SEC. 2. The owner or owners of any mineral-bearing ledge or claim, after the expiration of said thirty days' notice having been given, may, if the party or parties notified fail or refuse to join in the working or developing said ledge or claim, apply to the District Court of the district wherein the ledge or claim may be situated, for a partition or segregation of the interest or interests of the party or parties so failing or refusing to join. SEC. 3. The party or parties so applying shall set forth the fact that the said parties have been duly notified, in accordance with section one of this act, and that said party or parties have failed or refused to join in said work; all of which shall be sustained by the oath or affirmation of one or more of the parties applying; and, upon such application being made, the clerk of the said court shall post a notice at the office of the County Recorder, and in two other conspicuous places within the District, stating the application, and notifying the parties interested, that unless they appear within sixty days, and show good cause why the prayer of the petitioner should not be granted, that the same will be granted if good cause can be shown. SEO. 4. At the expiration of said sixty days, if the party or parties notified do not appear and show good cause why the prayer of the petitioner should not be granted, the Court shall appoint two Commissioners to go upon the ground, and segregate the claims of the parties refusing to join; and, in case they do not agree, they to choose a third party; and said Commissioners shall make a report in writing to said Court, who shall issue a decree in conformity with said report, which shall be final, except appeal be taken to the Supreme Court within thirty days after issuance thereof. SEC. 5. The provisions of this act shall not apply to the County of Yavapai. SEO. 6. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. SEC. 7. This act to take effect and be in force from and after its passage. APPROVED September 30th, 1867. |