Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1892-07-23
To Amend the Mining Laws.


: legislature. The committee has made
+. its report, and the following is the com.
plete text Of the amendments
lst.-DIscovERy That mineral bear.
Ing rock in place shall constitute q
discovery.
2d-DIscoyERY SHAFT Before filing
location certificate the discoyerer
shall locate his claim by first sinking a
discovery shaft upon the lode to the
depth of at least ten feet from the low
est part Of the rim Of such shaft at the
surface. Any open cut, cross cut or
tunnel which shall cut lode at the
depth of ten feet below the surface shall
hold such lode the same as if discov-
cry shaft we're sunk thereon----An-a adit
of at least ten feet upon or along the
lode from the point where the lode may
be III any manner discovered, shall be
equivalent to a discovery shaft. The
locator shall have sixty days from the
date of discovery 10 complete his dis
covery and an additional thirty days in
which TO receive certificate of location.
3d.-ljNLAwFUL ENTRY.--In all cases
where two or more persons shall as
sociate themselves together for the pur-
pose of obtaining the possession of any
lode, gulch, or placer claim, then in the
actual possession of another, by force
and violence, or threats of violence, or
by stealth, and shall proceed to carry
out such purpose by making threats
against the party or parties in posses
sion, or who shall enter upon such lode
or mining claim for the purpose alore-
said or who shall enter upon any lode,
gulch, placer claim, quartz mill, or other
mi Ial - k..a.x
| property, but within hearing of the
the same, shall make any threats, or
make use of any language, signs, or
| gestures, calculated TO intimidate any
| person or persons at work on said prop
erty, from continuing TO work thereon
or therein, or to intiinidate others from
engaging to work thereon or therein,
every such person so offending, shall, on
conviction thereof be fined in sum
not to exceed two hundred and fifty
dollars, and be imprisoned in the coun-
ty Jail not less than thirty days nor
more than six months such fine to be
discharged either by payment or by con-
finement in said Jail until such fine is
discharged at the rate oftwo dollars and
dhy cents $3.50 per day. On trial
under this section, proof Of a common
| purpose OF two or more persons to OBJ
tain possession ofproperty as aforesaid,
or to intimidate laborers as above set
forth, accompanied or followed by any
| Of the acts above specified by any of
them, shall be sufficient evidence to
convict any one committing such acts,
although the parties may not be associ.
ated together at the time Of committing
the same.
4th -PRoPoRTIoNATE SHARE.-When-
ever contiguous and adjacent mines
] upon the same or upon separate lodes
have common ingress Of water, or from
| subterraneous communication of the
water have b common drainage, it shall
! be the duty of the owners, leSsees, or
| occupants of each mine so related 10
! provide for their proportionate share Of
the drainage thereof when working.
FAILURE TO DRAIS.--Any parties so
related, failing to provide as aforesaid,
! for the drainage of the mines owned or
occupied by them, thereby Imposing an
unjust burden upon neighboring mines
whether owned or occupied by them,
shall pay respectively TO those perform
ing the work of drainage, their proper
tion of the actual and necessary cost and
expense Of doing such drainage, to be
recovered by an action in any court of
competent jurisdiction.
HAULING QUARTZ.
5th.-RIGHT OF WAY.-Every miner
shall have the right of way across any
and all claims for the purpose of haul
| ing quartz from his claim.
6th-PUSisHaENT FOR DESTROYING
| NOTICE AND MoNUAEET-Anyp person
who shall remove any stake or monu-
ment placed on any mining claim, or
who shall obliterate, deface or destroy
any notice placed thereon, shall be
deemed guilty of misdemeanor, and
on conviction thereof, shall be punished
by fine not exceeding one hundred dol
| lars, or Imprisonment not exceeding one
year, or both such fine and imprison-
ment. in the discretion of the court.
| 7th.-VALUE OF LABOR That in esti-
mating the worth of labor required to
be performed upon any mining claims
TO hold the same by the law of the
| United gtates in the regulation Of mines,
the value of days labor is hereby
fixed at the sum of four dollars Pro-
| vided, however, that in the sense of this
statute. eight hours Of labor actually
performed upon the mining claim shall
| constitute days labor.
8th.--ON ANoTHER's CLAIH.-Any per-
4 "
| the surface ground OF the mining claim
of another who has complied with all
laws, regulations and customs, all be
guilty of a misdemeanor, and upon con-
yiction thereof, shall be fined in any
sum not less than ten nor more than
one hundred dollars, or Imprisonment
| in the county Jail for not less than ten
nor more than ninety days, or both, at
the discretion of the court.
60 DAYS FOR REMovAL.-Any person
or persons who now have their stakes,
monuments or notices upon the surface
| ground of any mining claim belonging
to others, shall within sixty days from
the passage OF this act, remove such
stakes, monuments or notices from the
surface ground of such mining claim,
and upon failure to do so shall be sub
ject to the penalties set forth in section
two of this act.
9th. .-ExPENDITURE.-W When the owner
or owners of any mining claim or claims
now located or which may hereafter be
located, npon which there shall exist
any mortgage, miners or mechanics
lien, or other igcumbrance of any kind.
which may be hereafter made or incur
red, shall refuse, neglect or fail, up to
the first day of December of any year, TO
perform thereon the annual labor, or
make thereon the annual expenditures
required by law to be made, in order to
prevent the same from becoming open
to relocation in such case the holder
or owner Of such mortgage, lien or in
ccmbrance, may, upon the 1st day Of De-
cember Of such year CT any time there.
after, before any such mining claim or
claim shall have been relocated, enter
with his or their workmen or employees
be performed. the one hundred dollars
worth OF labor, or make the one hun
dred dollars worth of improvements