Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1894-04-07
A MINING BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY CON-
GRESHAM HEWLlNDS.

Hon. Francis @. Newlands, at the re-
quest Of the California Miners Associa-
tion, introduced the following bill:
A bill to amend chapter six. Of title thir-
ty-two Of the Revised Statutes. relating
TO mineral lands and mining resources
Be IL 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 30 as TO read:
Section 1924. The miners OF each
mining district may make equations, not
in conflict with the laws Of the United
States or with the laws OF the State or
Territory In which the district 10 situated,
governing the location Szasnses 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 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
description OF the claim or claims located
by reference to some natural object or
permanent monument as will identify the
claim. On esch claim located after the
tenth day Of May. eighteen hundred and
sevensy-swo, 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 perfor med. or improvements
made, during each year for each one hun
dred feet 10 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 com-
mence st twelve o'clock meridian on the
fret day OF January succeeding the date
OF location OF such claim. When she
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 performin 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 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 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 reasonable 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 20 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 ct 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 SEQ
tion, 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 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 q person or company has or may run
/ q ts,nn al fn ~
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
| olaims; 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 appointed
under the provisions OF this section shall
have power to administer oaihs TO their
assistants"
| SEQ. 8. That section twenty three hun
and thirty five OF the Revised Statutes be
amended so as 10 read:
| "Seo. 1885. All sffidavits required to
be made under this chapter may be veri-
| fed before any officer authorized TO ad-
/
| where the claims may be situsted 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, attested by bis 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 az 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 least ten days to the opposing
party. or If such party cannot be found.
then by publication OF a. least once a week
for thirty days in q 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 is, aud
always has been. mineral in character
and provided further. that In investigat
ing the character OF land with view to
ascert tain whether il IL more valuable for
mineral than agriculture, evidence may bs
taken Of tue mineral discovered or deyel
oped adjacent to such land, proof OF which
shall be presumptive evidence that ths
land in question H., and always has been
mineral in character; and provided fur
ther, that wherever land 10 proven TO be 1
well-defned mineral belt such land shsl
be deemed. presumed and taken TO be. and
always to have been, mineral land, unlesi
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 aud reg
uiations prescribed by the Land Depsr
ment OF the Government aud that OF il
officers In disposinR Of said land, shall b.