Daily independent. [volume] (Elko, Nev.) 188?-1915, 1894-02-27


OF such notice, when filed and No,
corded With tho recorder OF deeds of
the county IN which such mining
claim is situated shall be evidence OF
the acquisition Of title of such co /,
owners. When person or company
has or may run tunnel for the pur.
pose OF developing a claim or claims
owned by said persor or company.
the money so expended in running
said tunnel shall he taken and con-
sidered az expended on said claim or
claims: Provided further, That said
claim or claims shall be distinctly
marked on the surface as provided in p
this act"
SEC. 2. That section twenty three
hundred and thirty four OF the Re-
vised Statutes be amended by udding
thereto the following: "And the sur.
veyors appointed under the provision
OF this section shall have power to
administer oaths to their assistants"
Sec. 3. That section twenty.three
hundred aud thirty five of the Revised
Statutes be amenued 80 as to read:
SEC. 1885. ALI afidavits required
to be made under this chapter may
be verified before any, officer author
lied to administer oaths in the State
or Territory where the claims may
be situated having an official seal,
and all Testimony and proofs may be
taken before any such officer, and
when duly certified by the officer
taking the sauna, attested by his seal
OF Office, shall have the same force
ami effect as il taken before the reg
lister and receiver of the land Office.
In cases Of contest as to the mineral
or agricultural character Of the land,
the testimony and proofs may be
taken, as herein provided, on per-
sonaf notice of at least ten days to
the opposing party, or il such party
can not be fonnd, then by pu blication
| OF at least once week for thirty days
in newspaper to be designated by
the register of the land office us pub.
lished nearest to the location of such
land, and the register shall require
proof thatsu notice has been given:
Provided, That the presence of rock
IN place bearing gold, silver, cinnabar,
petroleum., or other valuable mineral,
shall be regarded as presum ptive
| evidence that tho land containing
the same is, and always has been
mineral in character: And provt1led
further, That in Investigating the
character Of land with view to ascer.
tain whether it is more valuable fol
mineral thar agriculture evidence
4 may be taken of the mineral discov-
cred or developed adjacent TO such
land, proof Of which shall. be pre-
sumptive evidence that the land il
question is, and always hes been
miDefal in character: And provided
further, That wherever land is proven
to be n we'll defined mineral belt such
land shall be deemed, presumed, and
taken to be, end alw avs to have been
mineral,land, unless the contrary il
proven: And provided further
That the provisions OF this chapter
shall be literally construed with a
view to aid the applicant in procur.
ing title TO the mineral lands of the
United States, aud that the rules and
regulations prescribed by the Lano
Department of its government and
that OF it's officers, in disposipg oil
said land, shall be 30 formulated and
administered as to assist the Govern.
ment In disposiDg OF said lands to
bona tide applicants, and not 30 as to
impede the sale thereof, or impose
onerous burdens upon applicants"
SEQ. 1. That section twenty three
II