| Show A BIG DAYS WORK The Liquor Bill Goes Humming Through the House THE RAILWAY BILL BEHEADED Several Important Measures Pass the House The Council Quiescent Mr SmIths Now Mining BUI The Council held two sessions yesterday one in the afternoon and the other in the wen ng The consideration of Colletts school bill took up the major portion of the time because of its length In the House business was disposed of at lively rate and a number of bills were passed some under a suspension of the rules These bills were The bill to prevent pre-vent the waste of artesian water to provide pro-vide for the encouragement of the manufacture manu-facture of sugar and paying bounty there for concerning the branding and herding Df cattle amending the law in relation to probate procedure requiring notaries public pub-lic to affix to acknowledgments the date of the expiration of their commissions and the liquor bill which has been previously published in these columns The bill grantIng grant-Ing rights of way to railways was killed by striking out the enacting clause FOR THE DEX FIT OF MI SIn S-In the House Mr Smith has introduced 1 the following bill which he has hopes will pass both branches and receive the signature signa-ture of the governor It is entitled a bill to provide rights of way and easements for the development of mines Sec IBe enacted etc that the owner locator or occupant of a mining claim whether patented pat-ented under the laws of the United States or held by locationor possession may have and acquire a right of way for ingress and egress when necessary in working such mining claim over and across the lands or mining claims of others whether patented or otherwise Section 2 When any mine or mining claim is so situated that for the more convenient enjoyment en-joyment of the same a road railroad or tramway therefrom or ditch flume cut or tunnel to drain or convey the waters or tailings therefrom or a tunnel or shaft may be necessary for the better working thereof which road railroad tramway ditch canal flume shaft cut or tunnel may require the use or occupancy of lands or mining grounds owned occupied or possessed bv others than the person or persons or body corporate requiring an casement for any of the purposes described the owner claimant or occupant of the mine or mining claim first above mentioned men-tioned is entitled to a right of way entry and possession for all the uses and privileges privi-leges for such road railroad tramway ditch canal flume cut shaft or tunnel in apon through and across such other lands or mining claims upon compliance compli-ance with the provisions of this chapter Section 3When the owner claimant or occupant of any mine or mining min-ing claims desires to work the same and it is necessary to enable him to do so successfully success-fully and conveniently that he have aright a-right of way for any of the purposes mentioned men-tioned in the foregoing sections if such right of way cannot be acquired by agreement agree-ment with the claimant or owner of the lands or claims over under across or upon which he seeks to establish such right of way ho may present to the judge of the district court of the district in which such right of way or some part thereof sought to be enforced is situated a petition peti-tion praying that such right of way be awarded to him Such petition must be verified and contain a particular description descrip-tion of the character and extent of the right sought and a description i descrip-tion of the mine or claim of the petition and the claim and lands to be affected by such right or privilege with the names of the occupants or owners thereof He may also set forth any tender or offer hereinafter mentioned and demand the relief sought Section 4 Upon the receipt of such petition and filing the same with the clerk of such court the judge must direct a citation to be issued I under the seal of such court to the owners named in the petition of the mining claims and lands to be effected by the proceedings requiring them and each of them to appear ap-pear before the judge on the day therein named which must not be less than ten L days from the service thereof and answer and show cause why such right of way should not be allowed as prayed for such citation must be served on each of r the parties in the manner prescribed pre-scribed by law for serving summons sum-mons in ordinary proceedings at law Section o Upon the return day of the citation or upon any day to which the hearing may be adjourned the judge must proceed to hear the allegations and proof of the respective parties and if upon sue Li hearing he is satisfied that the claims o f the petitioners can only bo convenient y worked by means of the privilege pray d for he must make an order adjudging an dI awarding to the petitioner such right of way and must appoint three commissioners L commission-ers who must be disinterested parties and residents of the district to assess the dam apes resulting to the lands or claims affected 1r r af-fected by such order Section GThe commissioners so appointed must be swor to faithfully and impartially discharge c their duties and must proceed without unreasonable un-reasonable delay to examine the premise and assess the damages resulting from such right or privilege prayed for ana report the amount of the same to tho judge appointing them and if such right of way affects the property of more than one person or company such report must contain an assessment of damages to each company or person Section Sec-tion iFor good cause shown the judge may set aside the report of such commissioners commis-sioners and appoint three other commissioners commis-sioners whose duty shall be the same as above mentioned Section SUpon the payment of the sum assessed as damages as aforesaid to tho persons to whom it is awarded or a tender thereof to them then the person petitioning as aforesaid is entitled en-titled to the right of wa prayed for in his petition and may immediately proceed to occupy the same and erect thereon such works and structures and make therein such excavations as may bo necessary to the use and enjoyment of the rightofway so awarded Section 9 Appeals from the assessment of damages made by the commissioners may be made and prosecuted injthe proper district court by any party interested at any time within ten days after tiling of the report of the commissioners A written notice of such appeal must be served upon the appellee in the same manner as summons are served in L civil actions The appellant must file with L the clerk of the court to which the appeal L is made a bond with sureties to be approved I a by the clerk in the amount of the assessment assess-ment appealed from in favor of the appellee conditioned that the appellant will pay any 1 costs that may be awarded to the appellee I I and abide anyjudgment that may be ren 1 > = i1 dered in the case Section 10An appeal brings i before the district court tlio ndces sity of the right of vvay or easement for the successful use and convenient working of the mining claim and the amount of damages and upon such appeal the case must be tried anew and either party is entitled to a jury Section llThe i prosecution of an appeal does not hinder delay or prevent the ap pellee from exercising all the rights and privileges pri-vileges granted by the award if he files with the clerk of the court in which the appeal is pending a bond with sufficient sureties to be approved by the clerk in double the amount of the assessment appealed ap-pealed from conditioned that the appelleo will pay to the appellant all damages he may sustain and whatever amount he may recover in the action Section 12If the appellant recover judgment against tho necessity of the easement or fifty dollars more damages than the commissioners awarded or the appellee offers to allow the appellee must pay the costs of the appeal otherwise tho appellant must pay such costs Section 13The costs and expenses of proceedings under the provision of this chapter except as herein otherwise provided must be paid by the party making the application provided pro-vided that if the applicant before the commencement of such proceedings has tendered to the parties owning or occupy ing the lands mining claims a sum equal to or more than the amount of damages recovered re-covered all of the costs and expenses must be paid by the party or parties owning the lands or claims affected by such right of the way and who appeared and resisted the claim of applicants thereto |
