Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1894-09-08
A MINING BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY con-
GRESHAM NEWLlNDS.

ty-two Of the Revised Statutes, relating
to mineral lands and mining resources
Be 10 enacted By the Senate and House
OF Representatives, OF the United States
OF America ip Congress sssem bled, that
section 1894 OF the Revised Statutes be
amended so 80 10 read:
Section 2324. The miners Of each
mining district may make 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-
cording, amount OF work necessary to
hold possession OF mining claim, sub
ject 10 the following requirements: The
location must be distin city marked on the
ground BY posts or monuments so that lie
boundaries can be readily traced. All
records Of mining claims hereafter made
shall contain the name or names Of the
looators, the date OF location, and such .
description OF the claim or claims located
BY reference to some natural object or
permanent monument % 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
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
made. during each year for each one hun
dred feet in length along the vein, until
payment Of the purchase money and
certificate Of entry has been issued there
for; but where such claims are held In
common suoh 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-
menoe 81 twelve o'clock meridian on the
fret day OF January succeeding the date
OF location Of such claim. When the
labor required by this 40. 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 facie evidence OF the fact therein
stated, and upon failure 10 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 70 relocation In the
same manner a. II 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 olsim after such failure and be-
fore such relocation, and continue ths
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 70 contribute his proportion Of the
expenditures required hereby, the oo-own-
ers who have performed the labor or made
the improvements may, al 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 II at the expiration
OF ninety days after such notice In writing,
or by publication, such delinquent shall
fail or refuse 10 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,
ss 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 has or may run
tunnel for the purpose OF developing q
claim or claims owned by said person or
company, the money so expended In run
ming said tunnel shall be taken and oon-
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"
SEQ. 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 10 administer osihs 70 their
assistants"
SEQ. 8. That section twenty-three hun
and thirty.five OF the Revised Statutes be
amended 80 as 10 read:
'Sec. 1885. All Affidavits required TO
be made under this chapter may be veri-
fed before any officer authorized 10 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 az 10
the mineral or agricultural character Of
the land, the testimony and proofs may be
taken. as herein provided, on personal no
tioe Of al least ten days 10 the opposing
party, or II such party cannot be found.
then by publication Of al least once week
for thirty days in a newspaper 70 be
designated by the Register OF the Land
Office as published nearest 10 the location
Of such land. and the Register shall re-
quire proof that suoh notice has been
given; provided, that the presence OF roch
In place bearing gold. silver, cinnabar.
petroleum, or other valuable mineral,
shall be regarded as presumptive evidence
that the land con tanning the same 10. and
always has been, mineral in character
and provided further. that In inves stigat
ing the character OF land with view tc
ascertain whether ID is more valuable fol
mineral than agriculture, evidence may bt
taken of the mineral discovered or devel
oped adjacent 10 such land. proof OF which
shall be presumptiye evidence that thi
land 10 question is, and always has been
mineral iu character; and provided fur
ther, that wherever land is proven 10 be I
well-defned mineral belt such land shsl
be deemed, presumed and taken TO be, sni
always to have been, mineral land, unlesi
the contrary is proven; and provided
further, that the provisions Of thil
chapter shall be literally construed
with the view 10 aid the applicant In pro
curing title 10 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 ID
officers, In disposing Of said land. shAll b,
so formulated and administered as to assis
the Government In disposing Of said land
TO bona fide applicants, and not 30 as h
impede the sale thereof. or impose oner-
GUS burdens upon applicants" "
SEQ. 4. That section twenty-three hun