Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1894-12-01
A MINING BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY CON-
GRESHAM KEwLANDS.


tion, introduced the following bill:
A bill to amend chapter ak. Of title thir-
ty-two Of the Revised Statutes, relating
TO mineral lands and mining resources !:
Be ID en- acted BY the Senate and House
OF Representatives Of the United States
OF America 10 Congress assem bled, that
section 1884 OF the Revised Statutes be
amended 30 as to read:
Section 1924. 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 o 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
locators, the date OF location, and such a
description OF the claim or claims located
by reference to some natural object or
permanent monument as will idecsify 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 improvements 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 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 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 is situated,
particularly describing the labor per-
formed and the improvements made. and
value thereof, which affidavit shall be
prima facie evidence OF the fact therein
stated, and upon failure 10 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 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 claim after such failure and be-
| fore such relocation, and continue the
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 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 opce . 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 to contribute his proportion
Of the expenditure required by this SEQ
| ton, bis interest in the claim shall become
| the property OF his co-owners who have
made the required expenditures. 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 oi
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
| a tunnel for the purpose OF developing q
claim or claims owned by said person OF
| com pany, the money 80 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. 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 osths to theiI
| assistants"
Sec. 8. That section twenty-three hun
and thirty-five OF the Revised Statutes bs
amended 30 as TO read:
"Sec. 1886. All atfidavits required tt
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 proofi
may be taken before any such officer, ane
when duly certified by the officer taking
| the same, attested by his seal of office
| shall have the same force and effect as i
| taken before the Register and Receiver o
| the Land Office. In cases OF contest as Il
| the mineral or agricultural character O
| the land, the testimony and proofs may b
| taken, as herein provided, on personal no
tice Of at least ten days to the opposins
party. or II sGch party cannot be found
then by publication of at least once weel
for thirty days in a newspaper TO b.
designated by the Register Of the LANE
| Office as published nearest TO the location
of such land. and the Register shall re
quire proof that such notice has beer
| given; provided, that the presence OF rocl
| in place bearing gold, silver, cinnabar
petroleum, or other valuable mineral
shall be regarded as presumptiye evidene
that the land con ntaining the same is, am
always has been. mineral in character
and provided further. that in invessiga'
ing the character Of land with view 4
ascertain whether il is more valuable 10
mineral than agriculture. evidence may
taken of the mineral discovered or deyel
oped adjacent to such land. proof OF whie
shall be presumptiye evidence that IN
laud in question is, and always has been
mineral in character; and provided fur
ther, that wherever land is proven to be
well-defned mineral belt such land shsl
be deemed, presumed and taken to be, al
always to have been, mineral land, unles
the contrary is proven; and provide
further, that the provisions OF thi
chapter shall be literally constrne
with the view to aid the applicant in pr'
curing title to the mineral lands OF th
United States, and that the rules and REF
ulations prescribed by the Land Depar
ment Of the Government and that OF j
| Aia-oai..r Of aaid land ahal