The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1889-08-03

Dor required by this act shall have been
performed or the improvements made an
affidavit shall be fled within thirty days
after the time limited for performing such
labor or making such improvements with
the recorder of the mining district 10
which such claims are situated, and if
there be none then with the recorder Of
deeds Of the county IN which the claim
or mipe is situated, particularly de-
scrbing the labor performed aud i'm
roveneuts made, and the value thereof,
which affidavit shall be pri facie evil
dence Of the facts therein stated. And
| upon a failure to cIm ply with these con
ditions, the claim or mine upon which
such failure occurred shall be open to re.
| location in the same manner as ii no 10.
crtion of the same had ever been made:
PROVIDED, That the original locators.
their heirs, assigns, or legal representa-
tives do not resume work upon the
claim after such failure and before such
| location, and continue the same with
reasonable diligence until the required
amount of labor shall have been per-
formed or improvements made. Upon
the failure of any one of several co-own-
ers to contribute his proportion OF the
expenditures required hereby, the CO.
| l., ha Iah vi or
made the improvement may, at the ex.
piration of the year, give such delln-
quent co owner personal notice in writ
ing or notice by publication in the news.
paper published nearest the claim, for at
least once a week for ninety days, and
if 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 expendl.
ture required by this section, his inter,
terest in the claim shall become the
property of his co.owners who have made
the required expenditures, upon record
, ing copy OF such notice, together with
an affidavit showing personal service oil
publication, as the case may be, of sucf
notice with the recorder of the mining
district in which such mining claim Il
situated, and if there be no such officer
then with the recorder of deeds of tn
county in which such mining claim i
situated. When any person or compan,
', has developed and exposed lode, an
expended one hundred dollars worth c
labor thereon, said person or compan
may run tunnel for the purpose of de
= veloping such lode owned by said perso
or company, and the money so expende
in said tunnel shall be considered az e.
y pended on said lode, and such person {
: company shall not thereafter be IT
= quired to perform labor or make in
- provements on the surface of said lode
. order to hold the same, so long as woi
is continued on such tunnel"
>, Sec. 3. That section twenty.thr
vi hundred and twenty. 6vSbf the Revis
= Statutes he amended so "a to read:
: "SEc 1925. A patent for any lal
y claimed and located for valuable dept
its may be obtained in the following ma
- ner: Any person, association, or c.
40 poration authorized to loo ate claim |
:, der this chapter, having claimed and
nv Gated piece of land for such purpos
- who has or have, complied with
y" terms of this chapter, may file in
Ms proper land Office an application fol
w. patent, under oath, showing such &C
~ pliance, together with a plat and tie
81 notes of the claim or claims in conn
- '0 made by or under the direction OF
'"e United States surveyor general, show
=, accurately the boundaries OF the claim
leu claims, which shall be distinctly mar
NV by monuments on the ground, and S
nov post copy Of such plat, together wi
w. notice Of such application for pa.
VI, in conspicuous place on the land
'""' braced 10 such plat previous to the Il
~ of the application for patent, and
VS." file an affidavit that such plat and
= y tice have been duly posted, aad 8
,Ds' also file copy of the notice in,
'"'' land. office, and shall thereupon be {
'N' tied to patent for the land, in the I
wv ner following: The register of the !
i'" office, upon the filing of such applca
n,'u plat, field notes, notices, and aida
'~ n shall publish notice that such apr
" ton has been made, for the peril
"a' sixty days, in newspaper to be by
- -" designated as published nearest to
- " claim; and he shall also post such n
7. ~ in his Office for the same period.
"''' claimant at the time Of filing this a