The silver messenger. (Challis, Idaho) 1890-1912, 1895-03-26

DESTROYS OF securing the DenenUS
of this act, such locator or his
assigns, may file an additional
certificate subject to the condi-
tions of this act and to contain
all that this act required an
original certificate to contain.
Provided, That such amended
location does not interfere with
the existing rights of others at
the time when such amendment
is made,
Sec. 6. Within go days after
any time set or period allowed
for the performance of labor, or
making improvements upon any
lode or placer claim, the person
in whose behalf such work or
improvement is performed, or
some person for him, must make
and record an affidavit in sub
stance as follows:
state of idaho, county of. ....,1.
Before me- The subscribed personally appeared
................., aoto, being first duly sporn,
says that at tedst............ dollars Dorsh OF
,oork or improvements ,Osre performed or made
upon claim, situate in ..........
mining district, county of.......... ..... state
of Idaho; that such expenditure acas made by for
or at the expense of..................oao ners Of
said ctais, for the purpose of holding said ctaim.
signature. ACKNOWLEDGEMENTS.
Subscribed and s,oorn to before me this =. day
of..........., 49,.
OBSERVATION-DISCLOSURES.
The fee for administering the
oath and recording the foregoing
affidavit, when taken before the
county recorder or deputy min
ing recorder, shall be so cents;
the fee for recording the same
when the oath is taken before
any officer authorized to admins
ter oaths shall be so cents.
Such affidavit, or q certified
copy thereof in case the original
is lost, shall be prima facie evi-
dence of the performance of such
labor. The failure to file such
affidavit shall be considered
prima facie evidence that such
labor has not been done.
Sec. Z. The location of the
abandoned claims shall be done
in the same manner as if the loca-
ton were of new claim; but the
locator may, instead of sinking g
new discovery shaft, sink the
the original discovery shaft ter
feet deeper than it was at the
time of his location, or he may
drive the open cut, or tunnel ter
feet further along the course OF
lead, lode or vein, and must cree
new posts or monuments.
| Sec. s. No location notice
shall claim more than one loca
ton, whether the location il
made by one or several locators
and if it purport to claim more
than one location it is absolutely
void.
Sec. 9. That section 3103 o.
the revised statutes of Idaho i,
hereby amended to read as fol
lows:
Sec. 3103. For the conven
fence of prospectors and loca
tors, the county recorders of tn,
several counties must appoint {
deputy at any place where HI
may deem it necessary, and a
all places more than 90 miles dis
, tant from an existing Office when
ever ten or more mining locator
interested, petition for the ap
pointment of a deputy. Upol
failure of any recorder to appoin
a deputy for ten days after tn
petition in writing has been pre-
sented to him, the resident min
, ers in such district may appoint
, temporarily, one of their numbe
, to act as the recorder for the dis
trict, whose record shall be a
valid as if made by the deputy
and must be entered by the re
! corder as hereinafter required
Provided, That whenever at an
time afterwards, the recorder ha
J appointed deputy for such dis
] trict or plrce, the authority O
} the person elected by the res
) dent miners ceases.
Sec. 10. When the right
, mine is in any case separat
/ from the ownership or right c
! occupancy of the surface ground
{ the owners or rightful occupan
: of the surface ground may dc
| mand satisfactory security fror
/ the miners, and if it be refuse
| or not given, may enjoin sue
l miners from working such groun
, until such security is given. Th
5 court granting the writ of in
/ junction shall fix the amount an
| nature of the security.