Bulletin 161 California Mining Statutes Annotated

AN ACT prescribing the mode of maintaining and defending possessory actions on lands belonging to the United States. The People, etc. SEC. 1. Any person now occupying and settled upon, or who may hereafter occupy and settle upon any of the public lands belonging to the United States, unoccupied, except upon lands containing mines of any of the precious metals, may commence and maintain any action for interference with, or injuries done to his possession of said land, against any person or persons so interfering with or injuring such land or such possession. SEC. 2. On the trial of any such cause, the possession or possessory right of the plaintiff shall be considered as extending to the boundaries embraced by the claim of such plaintiff, so as to enable him to have and maintain any action as aforesaid, without being compelled to prove an actual inclosure; provided, that such "claim" shall not exceed in any case one hundred and sixty acres of land. SEC. 3. Every such claim, to entitle the holder to maintain any action as aforesaid, shall be marked out, so that the boundaries thereof may be readily traced, and the extent of such "claim" easily known, and no person shall be entitled to maintain any such action for possession of, or injury to, any claim, unless he occupy the same, or shall have made improvements thereon to the value of $100. SEC. 4. A neglect to occupy or cultivate such "claim," for the period of three months, shall be considered such an abandonment as to preclude the claimant from maintaining any action as hereinbefore mentioned. Sec. 5. Any person or persons claiming the right of possession to land under this act shall have the right to defend said possession and the claim thereto, and all the rights and privileges given them by this act.