The Ketchum keystone. [volume] (Ketchum, Idaho) 1885-1899, 1889-07-27

county in which such mining claim il
: situated. When any person or company
has developed and exposed lode, and
expended one hundred dollars worth Of
labor thereon, said person or company
may run . tunnel for the purpose of de-
veloping such lode owned by said per-
son or company, and the money 30 ex.
pended in said tunnel shall be considered
as expended on said lode, and such per.
son or company shall not thereafter be
required to perform labor or make i'm.
provements on the surface Of said lode
in order to hold the same, 80 long a. work
il continued on such tupnel."
SEC. 8. That section 1895 OF the Re-
vised Statutes be amended 80 IS to read
Sec. 1925. A patent for any land
claimed and located for valuable deposits
may be obtained in the following man
ner: Any person, association, or corpor-
alton authorized to locate claim under
this chapter, having claimed and located
piece of land for such purposes. who
has, or have, complied with the terms of
this chapter, may file in the proper land
office an application for patent, under
oath, showing such compliance, together
with plat and field notes of the claim
or claims in common, made by or under
the direction Of the United States survey
or general, showing accurately the boun-
| diaries of the claim or claims, which shall
be distinctly marked by monuments on
the ground, and shall post copy OF such
plat, together with notice of such ap-
plication for patent, in a conspicuous
place on the land embraced on such plat
previous to the fling Of the application
for patent, and shall file an affidavit
that such plat and notice have been duly
posted, and shall also file copy Of the
notice in such land Office, and shall there
upon be entitled to patent for the land,
in the manner following: The register of
the land office, upon the fling of such
application, plat, field-note notices, and
affidavits, shall publish notice that such
application has been made, for period
OF sixty days, in . newspaper to be by
HIM designated Is published nearest to
said claim; and he shall also post such
notice in his office for the same period
The claimant ut the time of filing this
application, or at any time thereafter
within the sixty days of publication, shall
! fle with the register certificate of the
United States surveyor general that five
hundred dollars worth Of labor has been
expended or Improvements made upon
the claim by himself or grantors; that the
plat ia correct, with such further descrip
ton by such reference to natural objects
or permanent monuments as shall iden-
tify the claim, and furnish an accurate
description, to be incorporated in The
patent. At the expiration OF the sixty
days of publication the claimant shall
file his affidavit, showing that the plat
and notice have been posted in a conspic-
uOus place on the claim during such pc.
Rod Of publication. II no adverse claim
shall have been filed with the register
and receiver of the proper land Office at
the expiration Of the sixty days of pub
LEGATION, it shall be assumed that the ap-
plicant is entitled to q patent, and that
no adverse claim exists, and that upon
the payment to the proper officer of five
dollars per acre he shall receive certifi-
cate OF entry; and thereafter no ohjec-
ton from third parties to the issuance of
| a patent shall be heard except it be shown
| that the applicant has failed to comply
| with the terms of this chapter. But no
more than 5000 feet in length along the
vein of claims located prior to the 10th
day of May, 1872, and not more than the
extent of one claim 1900 feet in length
by 600 feet in width located after said
date shall he included in the same ap-
plication for a patent, and not more than
eighty acres of placer ground shall be in
cluded in the same application for a
patent"
SEC 4. That section 1884 of the Re.
vised Statutes be amended by adding
thereto the following:
"And the surveyors appointed under
the provisions Of this section shall have
power to administer oaths to their as
sistants."
Sec. S. That section 1885 Of the Re-
vised Statutes be amended so as to read ::
''SEc. 1885. All afidavits required to
be made under this chapter may be veri-
fed before any officer authorized to ad.
minister oaths in any State or Territory
of the United States or in the District of
Columbia, and all testimony and proofs
may be taken before any such officer, and
when duly certified by the officer taking
the same. shall have the same force and
effect as if taken before the register and
receiver of the land.of1ice. In cases of
contest as to the mineral or agricultural
character Of land, the testimony and
proofs may be taken, under spch regula-
tons as the Commissioner Of the General
Land Office may prescribe: Provided,
That the presence of rock in place bear
ing gold, silver, cinnsbar, or other valu-
able metal, shall be regarded as prima
facic evidence that the land containing
the same is mineral character; and veins
Of rock in place bearing such minerals
and appearing on the surface of the
ground, or in excavations made thareon,
shall be regarded within the meaning of
section 1888 of the Revised Statutes as
veins or l0des known to exist"
Sec. 6. Amend section 1888 of the
Revised Statutes so as to read:
"SEc. 1888. As q condition Of sale
each patent shall reserve the right of way
through or over any mining claim for
roads, bitches, canals, cuts, tunnels, and
other easements, for the purpose of work
ing other mines: Provided. That any
damages occasioned thereby shall be as
sessed and paid in the manner provided
by the lava of the State or Territory in
which such mine is situated for assess
ments and payments for land taken for
public use under the right of eminent
domain. And the rights and easements
heretofore reserved under the provisions
Of this sections (2338 of the Revised
Statutes) in patents heretofore issued