or some person for him knowing the facts, shall make and record in the office of the county auditor of the county wherein such claims are situate an affidavit or oath of labor performed on such claim. Such affidavit shall state the exact amount and kind of labor, including the number of feet of shaft, tunnel or open cut made on such claim, or any other kind of improvements allowed by law or by rules of mining districts made thereon. evidence of work. SEC. 7. Such affidavit when so recorded shall be prima Prima facie facie evidence of the performance of such labor or the assessment making of such improvements, and such original affidavit after it has been recorded, or a certified copy of record of same, shall be received as evidence accordingly by all the courts of this state. requirements for. SEC. 8. The relocation of forfeited or abandoned Relocation, quartz or lode claims shall only be made by sinking a new discovery shaft and fixing new boundaries in the same manner and to the same extent as is required in making a new location, or the relocator may sink the original discovery shaft ten feet deeper than it was at the date of commencement of such relocation, and shall erect new, or make the old monuments the same as originally required; in either case a new location monument shall be erected and the location certificate shall state if the whole or any part of the new location is located as abandoned property. shafts west SEC. 9. The provision herein, relating to discovery No discovery shafts, shall not apply to any mining location west of Cascades. the summit of the Cascade mountains. SEC. 10. The discoverer of placers or other forms of deposit subject to location and appropriation under mining laws applicable to placers shall locate his claim in the following manner: placer claims. First. He must immediately post in a conspicuous Location place at the point of discovery thereon, a notice or certificate of location thereof, containing-(a) the name of the claim; (b) the name of the locator or locators; (c) the date of the discovery and posting of the notice herein before provided for, which shall be considered Notice to be posted. Certificate of location recorded. Work to be done. Proof of work done. Prima facie evidence work done. as the date of the location; (d) a description of the claim by reference to legal subdivisions of sections, if the location is made in conformity with the public. surveys, otherwise, a description with reference to some natural object or permanent monument as will identify the claim; and where such claim is located by legal subdivisions of the public surveys, such location shall, notwithstanding that fact, be marked by the locator upon the ground the same as other locations. Second. Within thirty (30) days from the date of such discovery, he must record such notice or certificate of location in the office of the auditor of the county in which such discovery is made, and so distinctly mark his location on the ground that its boundaries may be readily traced. Third. Within sixty (60) days from the date of the discovery, the discoverer shall perform labor upon such location or claim in developing the same to an amount which shall be equivalent in the aggregate to at least. ten (10) dollars worth of such labor for each twenty acres, or fractional part thereof contained in such location or claim. Fourth. Such locator shall upon the performance of such labor, file with the auditor of the county an affidavit showing such performance and generally the nature and kind of work so done. SEC. 11. The affidavit provided for in the last section, and the aforesaid placer notice or certificate of location when filed for record, shall be prima facie evidence of the facts therein recited. A copy of such certificate, notice or affidavit certified by the county auditor shall be admitted in evidence in all actions or proceeding with the same effect as the original and the provisions of sections six (6) and seven (7) of this act shall apply to placer claims as well as lode claims. SEC. 12. All locations of quartz or placer formations or deposits hereafter made shall conform to the requirements of this act in so far as the same are respectively applicable thereto. trict may SEC. 13. Any mining district organized in the State Mining disof Washington in accordance with the laws of the make rules. United States, shall have power to make rules and regulations for such mining district, providing such rules and regulations do not conflict with the laws of the State of Washington or of the United States. SEC. 14. Any mining district shall have the power to make road building to mining claims within such district applicable as assessment work, or improvement upon such claims: Provided, That rules pertaining to such road building shall be made only at a public meeting of the miners of such district regularly called by the mining recorder of such district: Provided further, That such meeting shall be attended by at least twelve (12) property holders of such district, and that no such rule can be made without the assent of the majority of the property holders of such district, who are present at such meeting. Such meeting to designate where, when and how such road work shall be done, and shall designate some one of their number who shall superintend such road building or construction, and who shall receipt for such labor to the performer thereof, such receipts to be filed with the county auditor of the county in which such work is performed by the holder or holders of such receipts, and shall be received as prima facie evidence of labor performed as annual assessment work upon such claim or claims, as may be designated by an affidavit or oath of labor as provided for in section six (6) of this act: Provided, that nothing in this act can be construed as being mandatory upon any owner or holder of mining property to perform labor upon any such road. Passed the House February 27, 1899. Road building to apply on assessment work, when. Thistles must be cut down. Penalty. Duty road supervisor. CHAPTER XLVI. [S. B. No. 7.] DESTRUCTION OF CANADA THISTLES - PENALTY. AN ACT for protection against the spread of Canada and Russian thistles, and for the destruction of the same, and for the payment of costs for destroying same, and prescribing the punishment for the violation of this act. Be it enacted by the Legislature of the State of Washington: SECTION 1. It shall be the duty of every owner, possessor or occupier of land in this state to cut down or cause to be cut down all the Canada or Russian thistles growing thereon so often in each and every year as shall be sufficient to prevent them going to seed. SEC. 2. If any owner, possessor or occupier of land shall knowingly suffer any such Canada or Russian thistles to grow thereon and the seed to ripen he shall be guilty of a misdemeanor, and upon conviction thereof be liable to a fine of not exceeding twenty dollars for each offense and cost of prosecution. SEC. 3. It shall be the duty of each road supervisor in each road district in this state to see that the provisions of this act are carried out within their respective districts, and he shall give notice to the owner, possessor or occupier of any land within his district, whereon Canada or Russian thistles are growing, requiring him to cause the same to be cut down within ten days from the service of such notice, and in case such owner, possessor or occupier shall refuse or neglect to cut down the said Canada or Russian thistles within the said ten days, then the said road supervisor shall enter upon the land and cause all of said thistles to be cut down with as little damage to growing crops as may be; and he shall not be liable for trespass therefor: Provided, That when such Canada or Russian thistles are growing upon non-resident's land and the the same is unoccupied it shall not be necessary to give such notice before proceeding to cut down Can ada or Russian thistles: "And provided, That in the case of Canada or Russian thistles growing on the right-of-way of any railroad said notice required in this section shall be served upon the section foreman who has charge of that portion of the right-of-way where said Canada or Russian thistles may be growing." expenses. SEC. 4. Each road supervisor shall keep an accurate Road supervisor to keep account of account of the expenses incurred by him in carrying out the provisions of this act, with respect to each parcel of land entered upon therefor, and shall offer or send by mail a statement of such expenses, including a description of the premises, verified by oath, to the owner, possessor or occupier of such land, requiring him to pay the amount. In case such owner, possessor or occupier shall fail to pay the same within thirty Manner of days after such application said claim shall be presented to the board of county commissioners of the county in which said expenses were incurred, and the same, if found correct, shall be paid the same as other claims against the road district. payment. tax against when. SEC. 5. The board of county commissioners to which Levied as a said claim is presented shall order the said claim to be property, a tax upon the premises described therein, and the same shall be levied as a tax upon said premises and entered upon the tax rolls for the current year and collected together with penalty and interest as other taxes are collected, and when so collected paid into the road district fund in which the land is situated. cities and SEC. 6. This law is applicable to cities and towns and Applicable to when applied to cities and towns the duties enumer- towns. ated in this act devolving upon the road supervisor and county commissioners shall devolve upon the city. or town council, and the taxes collected on premises situated in cities or towns shall be used for the use and benefit of the streets of the cities therein. SEC. 7. Each road supervisor of this state shall de- Highways. stroy all Canada or Russian thistles and prevent the same from going to seed in the highways of his dis |