The Central Nevadan. [volume] (Battle Mountain, Nev.) 1885-1907, 1889-08-01

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after the last Of February and prior to
twelve o'clock, meridian OF the first
day of October in any year the annual
labor or improvements required shall
be performed or made prior to. twelve
o'clock meridian of the first day Of the
next following October: And provided
further, That only one half of the
annual labor or improvements re-
quired by this Act shall be necessary
to be performed OF made prior to
twelve o'clock meridian of the first
day of October, in the year eighteen
hundred and eighty nine. on claims
upon which.the annual labor or i'm
provements were performed or made
in the. year eighteen hundred aud
eighty eight; but after the first day of
October, in the year eighteen hun
dred and eighty-nine, the foil amount
Of labor or improvements required by
this Act shall be performed or made
upon such claims as in all other cases
during each year prior to twelve
O'Clock mer.diaD of the first day of
October. In case tho fire.. day of
October falls OIL Sunday OF any holi-
day, the following secular day shall be
construed as the FIRST day of October
within the meaning Of this act. When
the labor required by this Act shall
have been performed or the improve
men,s made, an affidavit shall be filed
within thirty days after the time linn
tied for performing such labor or max
ing such improvements, with the re-
corder Of the mining district in which
such claims are situated, and il there
be none, then with the recorder of
deeds Of the county in which the
claim or mine is situated, particularly
describing the labor performed and
improvements made, and the value
thereof, which affidavit shall be prima
facie evidence Of the facts stated there
in. And upon a failure to comply
With these conditions, the claim or
mine upon which such failure occurred
shall be open to relocation in the same
manner as il no location Of the same
had ever been made: Provided, That
the original locators, their heirs, as
signs or Illegal representatives do not
resume work upon the claim after such
failure and before such location, and
continue the same with reasonable dill
igence until the required amount OF
labor shall have been performed or i'm
pro, ements made. Upon the failure
of any one of several co-owners to con-
tribute his proportion of the expendi-
lures required hereby, the CO owners
who have performed the labor OF made
the improvements may, at the expira-
tion of the year. give such delinquent
CO owner pei Isonal notice in writing OF
notice by publication in the news
paper published nearest the claim, for
at least once week for ninety days,
and il at the expiration Of ninety
days after such notice in writing or by
publication such delinquent shall fail
or refuse to contribute his proportion
of the expenditure required by this
section, his interest in the claim shall
become the property Of his co-owners
who have made the required expendi-
lures, upon recording a copy of such
n, tice, together with an affidavit show
ing personal service or publication, as
the case may be, Of such notice with
the recorder of the mining district in
which such mining claim is situated.
aud If there be no such officer, then
with the recorder of deeds of the
c ,unty in which such mining claim is
situated. When any person or COM
pany has developed and exposed a
lode, and expended one hundred
dollars worth oil labor thereon, said
person or company may run tunnel
for the purpose Of developing such
lode owned by said person or com
pany, and the money so expended in
said tunnel shall be considered as ex-
pended on such lode, and such persen
or company shall not thereafter be
required to perform labor or make i'm
on the surface of said lode
in order to hold the same, SO long as
work is continued on such tunnel. >
SEC. 3. That section twenty-three
hundred and twenty-five Of the
Statutes be amended So as to