The Nevada journal., 1857-01-30
G6e Nebaba yournal.
FRIDAY MORNING, JAN. 80, 1857
MORTGAGES ON MINING CLAIMS.

dSScIHDly diioWiHS HiiHCIS " HOTlSdge
their claims by deed and record, with
the same effect against third persons as
in cases of mortgages on real property,
but they were both unfortunately de-
feated in the senate. 1t is to be hoped
that bill of this character will be pass
ed by the present legislature, before it
adjourns.
This measure would not only be a
great convenience to miners, but would
often prevent the necessity of their sac
rifcing claims upon which they had ex-
pended much labor, and time, and mon
ey. 1t would also greatly facilitate the
general business of the country, and
tend to the more rapid development of
the mines. Miners, owing to the pecu-
fiarities of our climate, the scarcity of
water during great portion of the year,
the uncertainty of the commencement
of the rainy season, and the great labor
and expense attendant upon the OPEN
ing of deep 1iggings, are, probably, as
much dependent upon credit as any
class in the community. Under the
present law, however, although min
ing claim may be, in oil probability,
rich, and although men of capital may
be willing to take it as security yet its
owner cannot raise a cent of money up
on it, by mortgage, or otherwise, with
out giving absolute possession of the
claim to the man who advances the mon
ey. There are claims in this county
which would be ample security for fifty
thousand dollars, upon which the own
ers could not raise one thousand, and
retain possession themselves.
The present law works peculiar hard
ship in cases where miners have COM
menced the opening of deep diggings,
and fallen short of means before reach
ing the "lead." In many of our rich
est hills, the gold can be approached
only by means of tunnels hundreds of
feet in length. A company of energet-
ic miners commence one of these, sup
posing they have money enough to COM
plete it, but the bedrock proves to be
much harder than they had calculated
upon, and, when half way in, they are
compelled to stop for want of means to
keep up the supply of tools, and blast
ing powder, and the ordinary necessi-
ties of life. There are men enough who
would advance them few hundred
dollars, if they could have the tunnel
and claim for security; but this can't
be done, and the company are forced to
sell out, for trife, to some one who is
able to carry it through. Thus their
labor and time and courage accrue to
the benefit of others.
1t was objected to this measure last
winter, by some of the senators, that it
would be legislating for the mines,"
and that the miners don't want any leg
islation of that character. Now, it is
very true that the miners do not want
any compulsory legislation, fixing arbi-
trary rules in relation to the location of
mining claims, their size, manner of
working, &e., but this measure merely
grants a privilege to miner who has
acquired claim under the rules and
regulations of the mining district, and
which does not interfere, either with
those rules and regulations, or with the
rights of others. There is nothing in it
which would compel the miner to do any
act, that is not required of him now, and
1t would, in no manner, change or vio-
late the present customs. We presume
the miner could not be found who would
object to the legislature granting him
the right to raise money on his claim.
1t was also objected, that under this
law, miner might mortgage his claims,
and then forfeit it by not working in the
required time, and have it relocated by
a friend thus defeating all rights un-
der the mortgage. This, however, is
but a partial objection, at best, and
goes only to the quality of the security.
May it not be fairly presumed that the
mortgage would look after his own in
terests, and see that no forfeiture was
taken? Our rich mining claims, also,
are generally owned by a number OF
individuals, and where an undivided in
terest was mortgaged, there would be
but little danger of forfeiture.
To general chattel mortgage law,
we are opposed. If every time we
wished to buy horse, or a shirt button
we were compelled to search the county