Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1895-03-16
A MINING BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY con-
GRESHAM KEWLAHDS.


quest Of the California Miners Associa-
tion, introduced the following bill
bill to amend chapter six. Of title thir-
ty-two Of the Revised Statutes, relating
30 mineral lands and mining resources
Be it enacted BY the Senate and House
Of Representatives Of the United States
OF America In Congress assem- bled, that
section 1884 Of the Revised Statutes be
amended 30 40 10 read:
"Section 1924. The miners OF each
mining districs 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 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 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 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 hum
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 10
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
afidavit 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 aud the improvements made. and
value thereof, which affidavit shall be
prima 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 ss if no location Of the same
had ever been made; provided, that the
original locators, their heirs, assigns, OF
legal representatives do not resume worl
upon the claim after such failure and be
fore such relocation, and continue tn:
same with reasonable diligence until the
required amount of labor shall have beer
performed or Improvements made. Upor
the failure OF any one of the several co
owners to contribute his proportion of thu
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 notict
by publication In the newspaper published
nearest the claim for at least once . weel
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 sec
iion, 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 afhdavii
| 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 10 situated shall be evidence Of the
acquisition Of title OF such co-owners
When a person or company has or may rur
tunnel for the purpose Of developing q
claim or claims owned by said person OF
compsny, the money so expended in run
ming said tunnel shall be taken and con
sidered as expended on said claim oI
claims; provided further. that said claim
or claims shall be distinctly marked on
the surface as provided in this Act"
Sec. q. That section twenty three hun
dred and thirty-four Of the Revised Stat
utes be amended By adding thereto the fol
lowing: "An1 the surveyors appointed
under the provisions of this section shall
have power to administer oaths to theiI
assistants"
Sec. 8. That section twenty-three hun
and thirty-five Of the Revised Statutes bt
amended so as 10 read:
"Sec. 1886. All affidavits required t(
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 proof
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 i
taken before the Register and Receiver o.
the Land Office. In cases Of contest as q
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 opposinl
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 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. OF 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 I,
ascertain whether 1t 10 more valuable fol
mineral than agriculture, evidence may b,
taken Of the mineral discovered or devel
oped adjacent to such land. proof OF which
shall be presumptive evidence that th,
land 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 shal
be deemed. presumed and taken to be, snt
always to have been, mineral land, unles
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 10 the mineral lands OF tn,
United States, and that the rules and reg
ulatiops prescribed by the Land Depart
ment OF the Government and that OF IL
officers, In disposing OF said land, shall b.
so formulated and administered as TO assis
| the Government In dispoeing of said land