1. The mining district shall be called the ---- Mining District.

2. The district shall embrace the following described and bounded

territory: commencing at the easterly end of the ---- ---- Mine, and

running west of north along the eastern boundary of the ---- Mining

District to the western end of the ---- Mine, in the ---- Mining

District, ---- ---- Mountains.

3. The County Recorder of ---- County, by virtue of his office, shall

be, ex-officio, recorder of this district.

4. Chapter six, of title thirty-two, revised statutes of the United

States, is adopted as this article.

5. In the location of mines in this district, copies of the notices of

location must be placed on the mines before any legal record of the

same can be made by the recorder. Any location not so made shall be

null and void.

6. All location notices must be filed in the office of the recorder

within thirty days after the actual date of location.

7. The County Recorder shall be entitled to a fee of two dollars for

each and every notice recorded by him.

8. The records of ---- County are hereby adopted as the bona fide

records of this district.

9. The annual meeting of the voters of this district shall take place

and be holden on the first Monday in May in each year.

10. Ten days prior to the date of holding the annual meeting, the

Recorder shall place, or cause to be placed or posted, in three of the

most conspicuous places in said district, a notice stating the time

when, and the place where, said meeting shall be holden, and shall

designate in such notice that the meeting shall be holden for the

purpose of transacting all and every kind of business which may be

properly brought before it.

11. At each annual meeting, the voters of the district shall elect

their chairman and secretary, who shall hold office for one year, or

until their successors are appointed.

12. The chairman and secretary of this meeting shall hold office from

the ---- day of ---- for one year, or until their successors are

elected.

13. The secretary of each meeting shall keep full and complete records

of the minutes and proceedings of their respective meetings, and cause

the same to be placed on record in the office of the County Recorder.

14. These rules, regulations and by-laws shall not be altered, or in

any way changed, except at a regular annual meeting of the miners of

said district, and then only by a legal vote of two-thirds of all the

voters present and voting.

15. Any and all persons who are citizens of the United States of

America, or who have declared their intention to become such, and own

shares of stock or interests in any mine in the district, or who has

worked in any mine in the district for the twenty days preceding such

meeting, shall be considered a legal voter, and entitled to vote at a

miners’ meeting.

16. Five dollars per day shall be allowed for each and every eight

hours’ work performed upon a mine for the purpose of holding title,

or performing the necessary amount of work for a patent, and no other

expenses shall be considered as expended for the purpose of holding or

perfecting title.

17. All mines hereafter located in this district shall be marked by

end and corner monuments or stakes, at least eighteen inches in height

above ground, with sufficient marks placed in or upon them to show

which end or corner of the claim they designate; if stakes are used,

they must be sunk at least six inches in the ground, and have a blaze

and figures upon one side.

18. All locations made and recorded previous to the adoption of these

rules, regulations and by-laws are hereby legalized, so far as they may

not conflict with the same.

19. These rules, regulations and by-laws shall be filed and recorded in

the office of the County Recorder of ---- County, and shall be in full

force and effect from and after this ---- day of ---- 1877.

20. The above proceedings, and the proceedings of any subsequent

meeting, shall be signed by the chairman and secretary, and transmitted

by them to the County Recorder without delay.

[Signed.]

---- ---- Miner.

---- ---- Miner.

---- ---- Miner.

---- ----

---- ----

I certify that the foregoing is a correct statement of the proceedings

had, and of the laws adopted for the ---- Mining District, this ----

day of ---- 1877.

---- ---- Secretary.

Water Rights.

The United States Revised Statutes provide:

1. That as a condition of sale in absence of legislation by Congress,

the legislature of a State or Territory may provide rules for working

mines, involving easements, drainage, and other necessary conditions;

these to be expressed in the patent.

2. That all prior rights, arising from possession, in the use of water,

and recognized by local laws, etc., or judicial decisions, shall be

regarded as vested, and shall be protected. This right of way is also

granted and confirmed. Damages are to accrue if a land-settler’s rights

are interfered with.

3. All land patents shall be subject to vested and accrued water

rights, including ditches and reservoirs.

Officers of United States Land Offices are required to file with the

General Land Office, the local laws on such matters. The following is a

summary of those passed by the legislature of Arizona.

Water Rights in the Territory.--All rivers, creeks, and streams

of running water in the Territory of Arizona are deemed public,

and applicable to the purposes of irrigation and mining. All the

inhabitants of the Territory who own or possess arable or irrigable

lands shall have the right to construct public or private acequias,

and obtain the necessary water for the same from any convenient river,

creek, or stream of running water.

All damages arising from construction of the acequias shall be assessed

by the Probate Judge of the county in a summary manner.

No inhabitant of the Territory shall have right to erect any dam or

build a mill, or place any machinery, or open any sluice, or make any

dyke, except such as are used for mining purposes, or the reduction of

metals, that may impede or obstruct irrigation.

When any ditch or acequia shall be taken out for agricultural purposes,

the person or persons so taking out such ditch or acequia shall have

the exclusive right to the water, or so much as may be necessary for

such purpose; and it at any time the water so required shall be taken

for mining purposes, the damages shall be assessed and paid.

All owners and proprietors of arable or irrigable land bordering on, or

irrigable by, any public acequia, shall labor on such public acequia,

whether such owners or proprietors cultivate the land or not; and all

persons interested in a public acequia, whether owners or lessees,

shall labor thereon in proportion to the amount of the land owned or

held by them, and which may be irrigated or subject to irrigation.

In all districts or precincts, the owners or proprietors of land

irrigated by public acequias are annually called together by the

Justices of the Peace, to elect one or more overseers for the

acequias--and it is the duty of said overseers to superintend the

opening, excavations and repairs of said acequias; to apportion the

number of laborers furnished by the owners and proprietors; to regulate

them according to the quantity of land to be irrigated by each one

from said acequia; to distribute and apportion the water in proportion

to the quantity to which each one is entitled according to the land

cultivated by him; and in making such apportionment, he shall take into

consideration the nature of the seed sown or planted, the crops and

plants cultivated; and to conduct and carry on such distribution with

justice and impartiality.

If any owner or proprietor of land irrigated by such acequia shall

neglect or refuse to furnish the number of laborers required by the

overseer, he shall be fined, and all fines shall be applied to the

benefit of said acequia.

Water privileges are, since the United States Act of May 10th, 1872,

located in the same manner as mines, subject to local regulations, i. e.

by definitely locating the five acres by monuments, and recording with

the District or County Recorder. If the local rules and decisions of

the Courts make the privilege forfeitable for non-use, another party

may come in and claim the water right.

The Federal Courts have decided that the right of way to construct

flumes or ditches, over the public lands, is unquestioned. It has

also been decided that the miners’ right to water, within “reasonable

limits,” is not to be questioned. “It must be exercised,” however,

with due regard to the general condition and needs of a community, and

cannot vest as an individual monopoly.

Mill Sites.

Land non-mineral in character, and not contiguous to the vein or lode,

used by the locator and proprietor for mining or milling purposes, can

be included in any application for patent, to an extent not to exceed

five acres, and subject to examination and payment as fixed for the

superficies of the lode. The owner of a quartz mill or reduction, not

a mine owner in connection therewith, may also receive a mill-site

patent. Such sites are located under the mining act, and in compliance

with local law and customs as recognized. Such possessory rights give

title also to all growing timber thereon. There must in every case be

given satisfactory proof of the non-mineral character of the site, and

the improvements thereon must be equal to $500 in value. A mill passes

to a railroad, if located after a land grant inured to the road.

Homestead and Pre-emption.

Homesteads.--Every head of a family, widow, single man or woman of the

age of twenty-one years, who is a citizen of the United States, or who

has declared his or her intention of becoming so, can enter upon 80

acres of government land within the limits of a railroad grant, or 160

acres outside said limits; and after a continuous residence upon it

and cultivation for five years, an absolute title to the land will be

given by the United States government, at a total cost of about $9 on

80 acres, or $18 on 160 acres.

Soldier’s Homestead.--Any soldier or sailor who served during the

rebellion not less than 90 days, and was honorably discharged, can

homestead 160 acres, either within or outside of the limits of a land

grant, and his term of service will be deducted from the five years’

residence required upon the land; but in any event he must reside one

year upon it. Thus, if he served three years, he would have to reside

upon the land two years; and in the event of his having served four or

five years, one year’s residence would be necessary.

A soldier or sailor has the privilege of filing application for

homestead upon the land through an agent or attorney, and need not for

six months commence actual settlement upon it. Absence from a homestead

at any time, for more than six months, works a forfeiture of right to

the land.

Pre-emptions.--Any person qualified under the homestead laws can

pre-empt 160 acres of government land within the limits of a railroad

grant, and after an actual residence upon and cultivation of the same

for at least six months, can obtain title by payment of $2.50 per acre,

or, if outside the limits, $1.25 per acre. It is imperative, however,

that the person so pre-empting shall (with his family, if any) reside

upon the land. The cultivation of a few acres is sufficient. The same

person, after having complied with the requirements of the laws of

pre-emption, can homestead 80 acres within the railroad grant, or 160

acres outside the limits. In this way, a soldier or sailor can secure

320 acres within the limits; and it is open to the _world at large_ for

_any_ man to acquire his 240 acres.

An Additional Homestead.--In addition to the Homestead and Pre-emption

laws, a recent act has been passed, whereby every settler, as the

fruits of his industry, can obtain another freehold of 160 acres under

the following act:

An Act to amend an Act entitled “An Act to encourage the growth of

timber on western prairies.”

“Any person who is the head of a family, or who shall have arrived at

the age of twenty-one years, and is a citizen of the United States,

or who shall have filed his declaration of intention to become such,

who shall plant, protect and keep in a healthy, growing condition for

eight years, 40 acres of timber, the trees thereon not being more than

twelve feet apart each way, on any quarter section of any of the public

lands of the United States, or 20 acres on any legal subdivision of 80

acres, or 10 acres on any legal subdivision of 40 acres, or one-fourth

part of any fractional subdivision of land less than 40 acres, shall

be entitled to a patent for the whole of said quarter section, or of

such legal subdivision of 80 or 40 acres or fractional subdivision of

less than 40 acres, as the case may be, at the expiration of the said

eight years, on making proof of such fact by not less than two credible

witnesses.”

How To Pre-empt.--When you have selected the land you wish for

pre-emption or homesteading under whatever right, it is better to get

a land attorney or clerk in the nearest land office to make out the

necessary papers. This saves time, and the danger of mistakes.

The Latest Regulations.--Commissioner Williamson, of the General Land

Office, has issued a circular to all registers and receivers throughout

the country, containing instructions requisite to carry into effect two

Acts of Congress, approved on the 3rd of April, relative to homestead

entries. The first provides a new method of making the final proof

in homestead entries. It dispenses with the present necessity of

attendance at the district land office. The person desiring to avail

himself thereof must appear with his witnesses before the judge of a

court of record of the county and State, or district and Territory in

which the land is situated, and there make the final proof required by

law according to the prescribed forms; which proof is required to be

transmitted by the judge or the clerk of the court, together with the

fee and charges allowed by law. The judge being absent in any case,

the proof may be made before the clerk of the proper court. The fact

of the absence of the judge must be certified in the papers by the

clerk acting in his place. If the land in any case is situated in an

unorganized county, the statute provides that the person may proceed

to make the proof in the manner indicated, in any adjacent county in

the State or Territory. The fact that the county in which the land

lies is unorganized, and that the county in which the proof is made

is adjacent thereto, must be certified by the officer. The other law

to which attention is invited by this circular is entitled “An Act

for the relief of settlers on the public lands under the pre-emption

laws.” Under this statute, a person desiring to change his claim under

a pre-emption filing to that of a homestead entry, should be required,

on making the change, to appear at the proper land office with his

witnesses, and show full compliance with the pre-emption law to the

date of such change, as has heretofore been required in transmutation

cases. Proof of such compliance must be forwarded with the entry

papers to this office. When the person applies to make final proof,

he must show continued residence and cultivation as required by the

homestead law. In case an adverse claim has attached to the land, due

notice in accordance with rules of practice must be given all persons

in interest, of time and place of submitting proof in support of the

application to make such change. The adverse claimants will be entitled

to the privilege of cross-questioning the applicants’ witnesses, and of

offering counter proof.

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