Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1894-08-11
A MINING BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY CON.
GRESHAM SEwLlNDs.

Hon. Francis @. Newlsnds, at the re-
quest Of the Cslifornis Miners Associa-
iion, introduced the following bill:
A bill TO amend chapter six, Of title thir-
ty-twe Of the Revised Statutes. relating
10 mineral lands and mining resources |:
Be 10 enacted By the Senate and House
OF Representatives Of the United States
OF America in Congress assem bled, that
section 1894 Of the Revised Statutes be
amended 30 ss to 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 10 situated,
governing the location, manner OF re-
cording, amount Of work necessary 70
hold possession Of Q mining claim. sub
iect TO the following requirements: The
location must be distinctly marked on the
ground by posts or monuments 80 that It's
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 .
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
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
made, during each year for each one hun.
dred feet in length along the vein, until
payment OF the purchase money and o
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 10 be done
annually on mineral claims shall com-
menoe 81 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 niue 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 q 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 10 relocation In the
same manner as IL no location Of the same
had ever been made; provided, tha. 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 anil the
required amount Of labor shall have been
performed or improvements made. Upon
the failure Of any one OF the several CO.
owners 10 contribute his proportion Of the
expenditures required hereby, the co-own-
ers who have performed the labor or made
the improvements may, ct 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 al 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 20 contribute his proportion
OF the expenditure required by this SEQ
tion, bis interest in the claim shall become
the property OF his co-owpers 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 has or may run
a tunnel for the purpose OF developing .
claim or claims owned by said person or
company, the money SO expended in run
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. 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 os,hs TO their
assistants"
SEQ. 8. That section twenty three hun
and thirty-ive OF the Revised Statutes be
amended so as 70 read:
"Sec. 1885. All affidavits required TO
be made under this chapter may be vert-
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 proofs
may be taken before any such officer, and
when duly certified by the officer taking
the same, attested by his seal OF office,
shall have the same force and effect as II
taken before the Register aud Receiver OF
the Land Office. In cases OF contest "a TO
the mineral or agricultural character OF
the land, the testimony and proofs may be
taken, as herein provided, on personal no
tice Of al least ten days TO the opposing
party. or II such party cannot be found,
then by publication OF a. least once week
for thirty days in newspaper to be
designated by the Register OF the Land
Office as published nearest 20 the location
OF such land. and the Register shall re-
quire proof that such 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 containing the same is. and
always has been, mineral in character
and provided further. that in investigat
ing the character Of land with view &c
ascer tain whether ID is more valuable fol
mineral than agriculture, evidence may b
taken Of the mineral discovered CT devel
oped adjacent 10 suoh land. proof OF which
shall be presumptive evidence that th'
| land 10 question is, and always has been
| mineral in character: and provided fur
| ther, that wherever land ia proven TO be I
| weli-defned mineral belt such land shall
be deemed, presumed and taken 70 be, ant
always to have been, mineral land, uples
the contrary Is proven; and provided
| further, that the provisions OF thi
chapter shall be literally construed
with the view 70 aid the spplican. ir pro
curing title to the mineral lands OF th
| United States, and that the rules and reg
ulAtions prescribed by the Land Depar,
| ment Of the Government and that OF IL
officers, in disposing Of said land, shall b
| 40 formuia and administered as TO assis
A. Gnxarnmant In dianoaing Of said land