Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1894-03-24
A MINING BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY CON-
GRESHAM EEWLkNDS.

Hon. Francis G. Newlsnds, at the re.
quest Of the California Miners Associa.
tion, introduced the following bill:
A bill to amend chapter six. Of title tbir.
tytwo Of the Revised Statutes. relating
to mineral lands and mining resources
Be IL enacted by the Senate and House
OF Representatives OF the United Ststes
Of America 10 Congress assem bled, that
section 1924 OF the Revised Statutes be
amended 80 as 10 read:
"Seciion 1924. The miners of each
mining district may m make regulations, not
in conflict with tho laws OF the United
States or with the laws OF the State or
Territory To which the district is situated,
governing the location, manner OF re-
cording, amount Of work necessary TO
hold possession Of q mining claim. sui
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
locssors. the date OF location. and such q
description Of the claim or claims located
by reference TO some natural object or
permanent monument as will identify the
claim. On each claim located after the
tenth day Of Mar, 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
lah Ill ka raxfnxpnaA sr,r A..
made, during each year for each one hun
dred feet in 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 claims shall oom-
mence al twelve o'clock meridian on the
first dsy 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 ss il no location OF the same
had ever been made; provided, that tie
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 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 Ia writing, or notice
By publication in the newspaper published
nearest the claim for at least once Q 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 proper tion
VI tho W shao ooS-
iiou, his interest in the claim shall become
the property OF his oo-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 a person or company has or may run
a tunnel for the purpose OF developing a
claim or claims owned by said person or
company, the money go 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 az provided in this Act"
SEQ. 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 oa,hs TO their
assistants"
Sec. 8. That section twenty three hun.
and thirty five OF the Revised Statutes be
amended 80 as TO read:
"Sec. 1886. All afidavits required TO
be made under this chapter may be veri-
fed before any officer authorized TO ad-
minister oaths 10 the State or Territory
where the claims may be situated having
sn 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 aud effect as il
taken before the Register and Receiver oi
the Land Office. In cases OF contest as "a
the mineral or agricultural character oi
the land, the testimony and proofs may bt
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 weel
for thirty days in newspaper TO b,
designated by the Register Of the Lane
Office as published nearest 10 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, cinnsbar
petroleum, or other valuable mineral
shall be regarded as presumptive evidenc'
that the land containing the same is. ant
always has been, mineral in character
and provided furIher. that 10 investigas
ing the character of land with view Il
ascertain whether il is more valuable TO
mineral than agriculture, evidence may b
| taken of the mineral discovered or deyel
oped adjacent to such land, proof Of whicl
shall be presumptive evidence that tn
land in question is, and always has been
mineral in character; aud provided fur
| ther. that wherever land is proven TO bs
well-defined 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 construe
with she view to aid the applicant In Pre-
curing title to the mineral lands of sh
United States, and that the rules and res
ulations prescribed by the Land Deparl
| ment of the Government and that OF IL
officers, 10 disposing Of said land. shall b