Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1894-06-09
A MlsINc BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY con-
GRESHAM kEWLaNDS.

Hon. Francis q. Newlands, at the re-
quest Of the California Miners Associa-
tion, introduced tho following bill:
A bill to amend chapter sir, Of title thir-
tytwo Of the Revised Statutes, relating
to mineral lands and mining resources
Be 1t 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 10 read:
Section 1924. The miners Of each
mining district may m axe res egulstions. not
in conflict with the laws OF the United
States or with the laws q the State or
Territory in which the district 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 Married on the
ground by posts or monuments 30 that iis
boundaries can be readily traced. All
records Of mining claims hereafter made
shall contain the name or names Of the
locstors, the date of locstiop, and such
description OF the claim or claims located
| by reference to some natural object or
permanent monument as will identity the
claim. On each claim located after the
tenth day Of May, eighteen hundred and
eeventy-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 shsll be performed. or improvements
/ m IA hu
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 clsims shall oom-
monoe 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 Ia 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 a 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 10 relocation In the
same manner a. 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 this
same with reasonable diligence until the
| required amount OF labor shall have been
/ perfor med 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 dsys; 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 sffidavit
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 is situated shall be evidence of the
| acquisition Of title of such co-owners.
When person or company hss or may run
| q 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 % expended on said claim or
| olaims; provided further, that said claim
| or claims shall be distinctly marked on
the surface as provided in this Act"
SEQ. q. That section twenty y-three hun
| dred and thirty-fo Of the Revised Stat
utes be amended by adding thereto the fol-
lowing: "Anl the surveyors appointed
under the provisions OF this section shall
have power to administer oaths to their
| assistants"
SEQ. 8. That section twenty three hun
and thirty five OF the Revised Statutes be
| amended go as to read:
"Sec. 1886. All affidavits required to
be made under this chapter may be veri-
fed before any officer authorized TO sd-
| 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, Gttested by bis 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 to
the mineral or agricultural character OF
the land, the testimony and proofs may be
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 to be
designated by ,he Register OF the Land
| Office as published neares. 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 evidence
that the land containing the ssme is, and
always has been. mineral in character;
and provided further. that in investigat-
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 or devel-
oped adjacent to such land. proof OF which
shall be presumptive evidence that the
land in question 10, and always has been.
mineral in character; aud provided fur
ther. that wherever land is proven TO be .
well-de6ned mineral belt such land shall
be deemed, presumed and taken 10 be, AID
always to have been, mineral land, unless
the contrary is proven; and provided
further, that the provisions OF this
chapter shall be literally construed
with the view TO aid the applicant in pro-
curing title to the mineral lands Of the
United States, and that the rules aud reg
ulations prescribed by the Land Depart
ment of the Government aud that OF il
officers, 10 disposing of said land, shall be