Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1894-10-27
A MINING BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY con-
GRESHAM HEWlAHDS.

Hon. Francis @. Newlande, st the re
quest Of the California Miners Associs
'ion, introduced the following bill:
A bill to amend chspter six. Of title thir
ty-two Of the Revised Statutes. relating
TO mineral lands and mining resources
Be 10 en- acted BY the Senate and Hous,
OF Representatives Of the United Statel
OF America In Congress Assem- bled. thai
section 2324 Of the Revised Statutes b.
amended 30 as to read:
Section 1924. The miners Of each
mining district may make reg alations, moi
in conf1ict with the laws Of the United
States or with the laws OF the State Of
Territory In which the district 10 situated,
governing the location, manner OF re.
cordiDg. amount Of work necessary 10
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 contsin the name or names Of the
locators, the date Of location. and such q
description OF the claim or claims located
by reference to some natural objec. or
| permanent monumeot as will Identify the
claim. On each claim located after the
tenth day Of May. eighteen hundred and
seyenty-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 10
the tenth day of May. eighteen hundred
and seventy-two, ten dollars worth OF
labor shall be performed, or improvement n ts
made, during each year for each one hun
| 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 10
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
mence al twelve o'clock meridian on the
first day OF January succeeding the date
| OF location OF such claim. When the
labor required by this Ac, shall have been
performed. or improvements made, sn
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
10 which the claim or mine Is situated.
| particularly describing the labor per-
| formed and the improvements made. and
value thereof, which affidavit shall be
| prima fscie evidence Of the fact therein
| stated, and upon fsilare TO comply With
the conditions Of this Act in the perform
ance OF labor or making OF improvements,
| the claim or mine upon which such failure
| occurred sbasl be open TO relocation 10 the
same manner as II no location OF the same
bad ever been made; provided, that the
original loca;ors, their heirs, assigns, or
legal representatives, do not resume work
upon the claim after such failure and be-
ioie such relocation, and continue tbs
same with reasonable diligence until the
required amount OF labor shall have been
| performed or Improvements made. Upon
| the failure OF sny 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, ct the expiration
| of the year. give such delinquent CO.
| owner personal notice in writing, or notice
| by publication in the newspaper published
nearest tie claim for at least once . week
| for pinety days; and II al 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
tiop, his interest 10 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 pu bliostion.
as the case may be. Of such notice. when
hled and recorded with the recorder OF
deeds OF the county In which suoh mining
claim Ia situated shall be evidsncs of the
acquisition OF title OF such co-owners.
When person or company has or may run
a tunnel for the purpose OF developing q
claim or claims owned by said person or
company. the money 90 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 g. That section twenty three hun
dred and thirty four OF the Revised Stat
u,es be amended By adding thereto the fol-
lowing: "Ani the surveyors appoin ted
under the provisions OF this section shall
have power to administer oaihs 70 their
assistants"
SEQ. 8. That section twenty three hun
and thirty Eve of the Revised StItu.es be
amended 30 as 70 read:
"Sec. 1885. All affidavits 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 testimony and proofs
may be taken before any such officer. and
when duly certified by the officer taking
the same, sttested by his seal OF office,
shall have the same force and effect as II
| taken before the Register and Receiver OF
| the Land Office. In cases OF contest as 10
| the mineral or agricultural character oi
| hn ha Ana nd rF00fa m a = bQ
| taken, as 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 in . newspaper 10 be
| designated by the Register OF the Land
| Office as published nearest 10 the location
| OF such land. and the Register shall re-
| auire proof that such notice has been
| given; provided, that the presence OF roch
in place bearing gold. silver, cinnabsr,
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
aud provided further. that in investigat
ing the character OF land with view tt
ascertain whether 1t is more valuable fol
mineral than agriculture, evidence may b,
taken Of tho mineral discovered or devei
oped adjacent to such land. proof OF whicf
shall be presumptive evidence that thu
land 10 question is. and always has been
mineral 10 character; and provided fur
ther, that wherever land ia proven 10 be I
well-defned mineral belt such land shal
be deemed. presumed and taken TO be, aEt
alwsys to have been, mineral land, unles
the contrary is proven; and provided
further, that the provisions OF thi
chapter shall be literally construed
with ,he view to aid the applicant In pro
curing title to the mineral lands Of tn
United States. and that the rules and reg
ulations prescribed by the Land Depart
ment of the Government aud that OF it
officers, In disposing OF said land, shall b
80 formulated Lnd administered as to assis