CHAPTER XII. AN ACT RELATING TO THE DISCOVERY OF GOLD AND SILVER QUARTZ LEADS, AND OF THE MANNER OF THEIR LOCATION. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. That any person or persons who may hereafter discover any quartz lead or lode, shall be entitled to one claim thereon by right of discovery, and one claim each, by location. SEC. 2. That a quartz claim shall consist of two hundred feet in length, along the lead or lode, by two hundred feet in width, covering and including all dips, spurs, and angles within the bounds of said claim, as also the right of drainage, tunneling, and such other privileges as may be necessary to the working of said claim: provided, that nothing in this act shall be so construed as to give any claimant or claimants any right to any separate or distinct ledge, other than the one claimed running through the said two hundred feet in width or to obstruct any subsequent claimant in working and improving such distinct ledge, and the center of the ground between such ledges shall be the dividing line between the respective claimants. SEC. 3. The locator of any quartz claim or claims, or any lead or lode shall, at the time of locating such claim or claims, place a substantial stake, not less than three inches in diameter, at each end of said claim or claims, on which shall be a written notice specifying the name of the locator, the number of feet claimed, together with the day, month, and year when the same was taken. SEC. 4. Two or more persons may locate or take claims together in a body, by joining in a notice, specifying the number of claims located, and the name of each person joining in such notice being written under the notice; but the claims so taken shall not exceed two hundred feet for each individual joining in such notice, except when necessary to include a discovery claim. Persons so joining in one notice shall be considered as tenants in common, and the work hereinafter required to be performed on a quartz claim, to entitle the locator or his assigns to hold the same as real estate, may be performed on any one of the claims so held in common: provided, it be equal in amount to one hundred dollars for each claim held in common, including the discovery claim. SEC. 5. All claims shall be recorded in the county recorder's office within ten days from the time of posting notice thereon: provided, that when the claim located is more than thirty miles from the county seat, the time shall extend to fifteen days: provided, further, that no person shall record in the name of any other person, unless he have the written authority of such person or persons, and exhibit the same to the recorder, and make an affidavit to be taken by such recorder that the written authority is genuine, who shall make a minute of such authority on his records, and file such affidavit in his office. SEC. 6. Quartz claims recorded in accordance with the provisions of this act shall entitle the person or persons so recording to hold the same to the use of himself, his heirs, and assigns: provided, that within six months from and after the date of recording, he or they shall perform, or cause to be performed thereon, work amounting in value to one hundred dollars for each claim of two hundred feet. SEC. 7. Any person or persons holding quartz claims in pursuance of the provisions of this act, shall renew the notice required in sections three and four of this act, at least once in twelve months, and perform fifty dollars' worth of work annually for each claim so located and held. SEC. 8. Any person or persons desiring to preserve and perpetuate testimony as to the sufficiency of the amount of work done on any claim or claims, to entitle him or them to hold them as real estate, according to the provisions of section six of this act, may take two disinterested persons to view such work, who shall carefully examine the same; immediately after which they shall go before the county recorder or some magistrate in the county and take and subscribe an affidavit containing, first, a description of the location of the claim or claims on which the work is performed, the character and value of such work, and the date when they reviewed the same; which affidavit shall be filed by the county recorder and carefully preserved. Such affidavits or certified copies of the same, under the certificate and seal of the county recorder, who has custody of the original affidavit or affidavits, shall, in any court in this territory be prima facie evidence of the character and amount of labor performed on the claim or claims which are described in such affidavit or affidavits. SEC. 9. Conveyances of quartz claims shall require the same formalities, and shall be subject to the same rules of construction as the transfer and conveyance of real estate. SEC. 10. All claims heretofore taken up or located jointly, in a manner similar to that now permitted by section four of this act, shall be considered, and the same are hereby made valid and sufficient in law. SEC. 11. All tunnels which may be run into any hill or mountain for the purpose of discovering and working mineral-bearing quartz lodes, commonly termed "blind lodes," shall be entitled to hold five hundred feet each way from the line of tunnel on said lode or lodes so discovered. They shall also be entitled to one thousand feet square at the entrance or entrances of said tunnel or tunnels for building, dumping, or other purposes deemed necessary. The manner of locating such tunnel rights shall be the same as prescribed for the location of quartz claims in this act, and shall be held in accordance with the provisions of section six of this act, except that the amount of work to be performed shall be five hundred dollars; and in case of failure to comply with such provisions, the right or claim shall be considered vacated, and shall not be relocated by the same parties. Nothing in this section shall be so construed as to give any tunnel company the right to work any lode discovered and located by other parties prior to their discovering the same, unless such claims are forfeited from noncompliance with the law. SEC. 12. That the act entitled "an act relating to the discovery of gold and silver quartz leads, and of the manner of their location," approved February 4th, 1864, be and the same is hereby repealed. SEC. 13. This act to take effect on and after its approval by the governor. APPROVED, December 13th, A.D. 1864. CHAPTER XIII. AN ACT TO CREATE A TERRITORIAL PRISON COMMISSIONER AND TO PROVIDE FOR THE CARE AND SAFE-KEEPING OF TERRITORIAL CONVICTS. Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows: SECTION 1. Territorial treasurer, ex officio, prison commissioner. 2. Temporary territorial prisons. 3. Sheriffs to transfer territorial convicts to nearest territorial prison. 4. Report to legislative assembly. 5. Special prison fund. 7. Prison keepers to employ convicts at hard labor. 7. Report to prison commissioner. 8. Duty of territorial prison commissioner. 9. Prison commissioners make necessary repairs. 13. Compensation of. SECTION 1. The territorial treasurer is hereby made ex officio territorial prison commissioner, and it shall be his duty to exercise a general supervision over all territorial prisoners within this terri tory. SEC. 2. The county jails of Boise and Nez Perce counties are hereby made temporary territorial prisons, and their respective sheriff's made keepers thereof. SEC. 3. The sheriff of each county in this territory, other than those of Boise and Nez Perce, are hereby required to transfer any territorial convict or convicts that are now or may hereafter be lodged in the jails of their respective counties to the nearest territorial prison. SEC. 4. The territorial prison commissioner shall have a general supervision of such territorial prisons and the territorial convicts therein, and shall report to the legislative assembly at its next annual session a proper location for a territorial prison and a plan or plans for the same, together with an estimate of the probable expense of its construction. SEC. 5. For the purpose of defraying the expenses of keeping territorial prisoners, there shall be set aside fifteen per cent. of the territorial tax, hereafter levied and collected to constitute a special territorial prison fund. SEC. 6. The sheriffs of their respective counties are hereby required to furnish the necessary shackles, fetters, or other means of confinement, and necessary food and sustenance for such convicts until they are lodged in the territorial prisons, to be paid for out of the special prison fund. SEC. 7. The territorial prison keepers, under the direction of the prison commissioner, shall, when it shall conduce to the public interest, employ or cause to be employed, at hard labor, all territorial convicts, which are now or may hereafter be sentenced to the territorial penitentiary, by virtue of the laws of this territory, and it shall be the duty of the prison keepers to keep and render an exact account of the amount and value of all the labor performed by such prisoners, and of all the expenses attending such labor during the time of such employment, and he shall also make quarter yearly reports in detail to the prison commissioner, showing a fair and just exhibit of all such labor and expenses incurred; said reports shall be made on the first Monday in January, April, July, and October of each year. All profits arising from any such prison labor, after deducting the necessary expenses thereunto attending, shall be paid into the territorial treasury for the use of the territorial prison fund. SEC. 8. It shall be the duty of the territorial prison commissioner to examine and certify all accounts of the sheriffs of the various counties and the territorial prison keepers to the territorial auditor; when satisfied they are legal and just, the territorial auditor shall draw his warrant upon the territorial prison fund for the amount to be paid by the territorial treasurer. SEC. 9. The territorial prison keepers, under the direction of the territorial prison commissioner, and with the consent of the respective boards of commissioners of Boise and Nez Perce counties, shall make such improvements and additions to the county jails of said counties as may be absolutely necessary to carry out the provisions of this act, which expenses, together with all necessary |