Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1894-04-21
A MINING BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY con-
GRESHAM kEWLANDS.

Hon. Francis @. Newlands, at tho re-
quest Of the California Miners Associs.
tion, introduced the following bill:
A bill TO amend chapter six. of title thir-
ty-two Of the Revised Statutes. relating z
TO mineral lands and mining resources (:
Be ID enacted by the Senate and House
OF Representatives Of the United States
of America In Congress assem- bled, that
section 1924 Of the Revised Statutes be
amended so as to read:
Section 1924. The miners Of each
mining district may make regulations, not
in contlict with the laws OF the United
States or with the laws OF the State or
Territory In which the disissct is situated,
| governing the location, manner Of re-
| cording, amount Of work necessary TO
hold possession OF Q mining claim. sub
ject to The following requirements: The
| location must be distinctly marked on the
| ground by posts or mon numents so that its
boundaries can be readily traced. All
records OF mining claims hereafter made
shall contain the name or names Of the
| locatoTs, the date Of location, and such
description OF the claim or claims located
by reference to some natural object or
permanent monument as will identify the
| claim. On each claim located after the
tenth day OF May, eighteen hundred and
seventy.two. and until payment Of the
purchase money and certificate OF entry
has been issued therefor, not less than one
hundred dollars' worth OF labor shall be
performed, or improvements made during
each year. On all claims located prior to
the tenth day OF May. eighteen hundred
and seventy.two, ten dollars worth OF
labor shall be performed. or improvements
made, during each year for each one hum
dred feet 10 length along the vein, until
payment OF the purchase money and a
certificate OF entry has been Issued there
for; but where such claims are held in
common such expenditure may be made
upon any one claim. That the period
within which the work required to be done
annually on mineral claims shall com.
menoe at twelve o'clock meridian on the
first day OF January succeeding the date
OF location OF such claim. When the
labor required by this Act shall have been
performed. or improvements made, an
affidavit may be filed within thirty days
after the time limited for performing such
labor. or making such improvements.
with the recorder OF deeds OF the county
in which the claim or mine is situated,
particularly describing the labor per.
formed and the improvements made, and
value thereof, which affidavit shall be
prims fscie evidence Of the fact therein
| stated, and upon 9 failure TO comply with
the conditions Of this Act in the perform
snce Of labor or making Of improvements,
| 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, assigns, or
| legal representatives do not resume work
upon the claim after such failure and be.
| fore such relocation, and continue tbs
same with reason able diligence until the
required amount OF labor shall have been
| performed or improvements made. Upon
| the failure OF any one OF the several co.
owners TO contribute his proportion Of the
| expenditures required hereby, the co-own-
ers who have performed the labor or made
the Improvements may, at the expiration
| OF the year. give such delinquent CO.
| owner personal notice in writing, or notice
| by publication in the newspaper published
nearest the claim for at least once Q week
| for ninety days; and II 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 sec
| ton, his interest in the claim shall become
| the property OF his CO. owners who have
| made the required expenditures. A copy
| OF such notice. together with an affidavit
| showing personal service or publication.
as the case may be, OF such notice. when
| filed and recorded with the recorder OF
| deeds OF the county in which such mining
| claim 10 situated shall be evidence of the
acquisition OF title OF such oo-owners.
When a person or company has or may run
tunnel for the purpose of developing a
claim or claims owned by said person or
| company, the money so expended In run
ming said tunnel shall be taken and con-
| sidered as expended on said claim or
| claims; provided further. that said claim
| or claims shall be distinctly marked on
the surface as provided in this Act"
Sec. 2. That section twenty. three hun
dred and thirty -four OF the Revised Stat
utes be amended by adding thereto the fol-
| lowing: "Ani the surveyors appoint ted
| under the provisions of this section shall
| have power to administer oa,hs to their
| assistants ts."
| SEQ. 8. That section twenty-three hun
aud thirty five OF the Revised Statutes be
amended so as TO read:
| "Seo. 1886. All sffidsvits required to
be made under this chapter may be veri-
fed before any officer authorized TO ad.
minister oaths in the State or Territory
where the claims may be situated having
an official seal, and all estimony and proofs
may be taken before any such officer. and
when duly certified by the officer taking
the same, attested by his seal OF Office,
shall have the same force and effect as il
taken before the Register 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 personal no
tice OF ct losst ten days to the opposing
party. or II suoh party cannot be found.
then by publication Of at least once week
for thirty days in q newspaper to be
designated by the Register OF the Land
Office as published nearest TO the location
OF such land. and the Register shall re-
quire proof that suoh 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 presumptive evidences
that the land containing the same Is. and
always has been, mineral in character
and provided further. that in investigst
ing the character OF land with Q view tc
ascertain whether il 10 more valuable fol
mineral than agriculture. evidence may b.
taken of the mineral discovered or devel
oped adjacent to such land. proof OF which
1 shall be presnmptive evidence that til.
land in question IL, and always has been
mineral in character; and provided fur
ther, that wherever land is proven to be I
well-defned mineral belt such land shai
be deemed. presumed and taken to be. ant
always TO have been, mineral land, unlesl
the contrary 10 proven; and provided
further. that the provisions Of thil
chapter shall be literally construed
with the view TO aid the applicant in pro
curing title to the mineral lands OF th'
United States, ard that the rules and reg
ulations prescribed by the Land Depart
ment OF the Government and that OF it,
officers, in disposing OF said land. shall b.