, 1889-01-31

Inc original law required In the record
OF Iocation reference TO natural objects or
permanent monuments. This provision
ied 70 some confusion. IL being i'm possible
Tor an unlettered man 10 make an accurate
description by such reference. and the
courts have practically disreearded the
.aw. The substitute bill requires the
claim TO be distinctly marked on the
ground oy posts or monuments, 30 that its
boundary can be readily traced.
LOCATING CLAIMS.
Inc present law requires work until a
patent Is issued. The substitute requires
work until the payment of purchase money
The law as construed BY the department.
allows any number Of claims TO be included
iu the same patent, and $500 worth OF
work on one is held sufficient TO patent
them. Great abuses have arisen under
this construction, particularly In Colorado
where persons are seeking TO obtain patents
for many hundred Of acres. sometimes
1000 acres or more Of land. upon $500
Of ground which may be included in a
patent to 1900 feet Of lode claim and eighty
acres OF placer claim.
The present law makes the first day VI
January the beginning Of the time for the
performance OF the annual work on mining
claims, end OF course the year runs out the
last day OF December at midnight.
Those who desire to locate q claim which
has been abandoned must do so. IL they
would prevent the possibility Of some
after midnight of the 3lst day of Decem-
Der. Much litigation has grown out of
this provision by season of the location Of
claims In the night, and it has frequently
happened that bloody conflicts have oc-
Cured in the dark between contending
parties Besides, the Lat of January is the
time when the mountains ars usually COW
cred with snow, and 1t Ia q bad time to
locate claims. The new bill makes the 1st
dav of October, at noon, the beginning of
the year for annual work, and provides
that on claims located before the Let Of
March In each year the annual work shall
be performed before the following October,
and on claims located after the last day Of
February and before the lst OF October
locators have all of the following year TO
do the annual work.
In case the bill passes this session 1t 10
provided that on claims on which the annual
work was performed last year, the work Of
this year Is required to be performed at
IL o'clock meridian time Of the 1st day OF
October OF this year, but miners are only
required to perform half the usual amount
or $50 worth OF work on lode claim Of
1900 feet.
PLACER CLAIMS.
The amount of work on placer claims is
liked at 3I5 for each twenty acres. IL il
also provided that, where the same per.
son, association or corporation own sever
81 claims adjoining, NOT exceeding ave,
5000 worth Of work or development on
one claim will excuse work on the separate
claimS during the year In which such sx.
penditure II made. The bill also requires
an affidavit showing that the annual work
has been performed, 10 be fled with the
recorder OF the mining district, or IL there
be none. than with the county recorder Of
the county In which the claim 10 situated,
within thirty days from the time limited
for the performance Of such work.
The present law requires. two witnesses
70 the posting OF notice ofsn application
for pateut upon the ground. ThS is
dispensed with and the affidavit Of the ap.
plicant 10 accepted. Where Q co-owner
fails TO perform the labor required TO bold
. claim, 1t 10 provided In the substitute
6ilrthat other owners are allowed to do
the work and serve notice on the delin.
guent owner personally or by publication
for ninety days; and II the delinqnsut CO.
owner does not contribute his share with
in ninety days thereafter his interest in
the claim becomes the property Of his CO.
owner who performed the work upon re-.
cord' 1g an affidavit showing service OF no.
with tba = recordsr a. ths ,a;, uuH case may o?;
there he one othor rs;sa .;ah a ao., n ~
recorder.
do aio0 wor,h nf uon1 vH's ~, ArS s isquireo q 70
each claim, aftcrward ~. 'nv Sur;a'e os
tnnnels so Low y" - A. s; wn ~ Tug
@arded as wnrS -, oao,, 20 ,,;n o9s.'nueo " re-
"A " e@ou ''@'"
THE sUBsTiTUrK ADOPTED.
The rules Ct the department require
that the assistants Of the mineral surveyor
shall be sworn. This occasions great