Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1894-06-16
A MININC BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY con-
GRESHAM kEWlkkDS.

Hon. Francis @. Newlands, at the re.
quest Of the California Miners' Assoois.
tion, introduced the following bill:
A bill to amend chapter six. Of title thir.
tytwo of the Revised Statutes. relsting z
to mineral lands and mining resources
Be it enacted BY the Senate and House
OF Representatives Of the United States
Of America 10 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 IN AXE regulations, not
in conflict with the laws Of the United
States or with the laws OF the State or
Territory in which the district is situated,
governing the location, manner OF re-
cordiDg, amount Of work necessary to
hold possession OF mining claim, sub
ject TO the following requirements: The
location must be distinctly marked on the
ground by posts or monuments so that Its
boundaries can be readily traced. All
records Of mining claims hereafter made
shall contain the name or names OF the
locstors, the date of location, and such 9
description OF the claim or claims located
by reference to some natural object or
permanent monument ss will identity 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 mprovements
made, during each year for each one hum
dred feet in length along the vein, until
| payment OF the purchase money and q
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 oom-
| mence at twelve o'clock meridian on the
frst day OF January succeeding the date
OF location OF fuch claim. When the
labor required by this Act shall have been
perior 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 tho claim or mine Is situated,
particularly describing the labor per.
formed and the improvements made, and
value thereof, which affidavit shsil be
| prima facie evidence Of the fact therein
| stated. and upon failure to comply with
| the conditions Of this Act in the perform
ance of labor or making OF Improvements,
the claim or mine upon which suoh failure
occurred shall be open to relocation in the
same manner as il no location OF the came
bad ever been made; provided, that the
original locators. their heirs, assigns, or
legal representatives, do not resume work
upon the claim after suoh failure and be.
fore such relocation, and continue tbs
same with reasonable diligence until the
required amount OF labor shall have been
perform med or improvements made. Upon
| the failure OF any one OF the several CO
owners 10 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 . week
| for ninety days; and IL 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 SEQ
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
lied aud recorded with the recorder Of
deeds Of the county in which such mining
claim il situated shall be evidence Of the
acquisition Of title OF such co-owners.
When person or company has or may run
a 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 ss provided in this Act"
| Sec. q. 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 appointed
under the provisions of this section shall
have power to administer os,hs to their
| assistants"
SEQ. 8. That section twenty three hun
and thirty five of the Revised Statutes be
amended so as to read:
| "Sec. 1885. All sfidayits required TO
be made under this chapter may be veri
| fed before any officer authorized to ad-
| minister oAths in the State or Territory
L .
an Official seal. and sll 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 OF agricultural character OF
the land, the testimony and proofs may be
taken, "a herein provided, on personal no
tice OF at least ten days to the opposing
party. or II such party cannot be found.
then by publication Of at least once week
for thirty days 10 newspaper 10 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 such 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 evidence
that the land containing the same 10. and
always has been. mineral in character
and provided further. that in invesiigst
ing the character OF land with view to
ascertain whether il is more valuable for
mineral than agriculture, evidence may be
taken of the mineral discovered OF devei
oped adjacent 10 such land, proof OF which
shall be presumptive evidence that the
land in question is, aud always has been
mineral in character; and provided fur
ther, that wherever land lie proven TO be 4
well-deiined mineral belt such land shsi
be deemed, presumed and taken TO be, aDd
ALWAYS TO have been, mineral land, unless
the contrary is proven; and provided
further, that the provisions OF thi,
chapter shall be literally construed
with the view to aid the applicant In pro
curing title TO the mineral lands OF th'
United States, and that the rules and reg
ulations prescribed by the Land Depart
| ment Of the Government and that OF III