Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1895-12-14
A MINING BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY con-
GRESHAM HEwLlNDS.


quest Of the California Miners Associa.
tion, introduced the following bill:
A bill to amend chapter sir. Of title thir-
ty-two Of the Revised Statutes, relating
to mineral lands and mining resources !:
Be il enacted By the Senate and House
OF Representatives Of the United States
Of America In Congress assem- bled, that
section 1924 Of the Revised Statutes be
amended so - 70 read:
"5ection 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 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. ALI
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 % 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 ell claims located prior to
the tenth day Of May, eighteen hundred
| and seventy.two, ten dollars' worth Of
labor shall be performed, or improvements to
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
hrst 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
affdsvit 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 fscie evidence OF the fact therein
stated, and upon q 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 as IL 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 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 in 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 proportion
of the expenditure required by this SEQ
tion, his 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 Of
deeds Of the county in which such mining
4 claim is situated shall be evidence OF the
acquisition Of title Of such co-owners.
When person or company has or may run
| q tunnel for the purpose Of developing Q
claim or claims owned by said person or
company, the money so 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"
SEQ. 2. That section twenty three hun
utes be amended by adding thereto the fol-
lowing: "Ani the surveyors appointed
under the provisions Of this section shall
have power to administer oashs TO their
assistants"
Sec. 8. That section twenty three hun
| and thirty-fve Of the Revised Statutes be
amended so 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 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
wllen duly certified by the officer taking
the same. sttested by his seal Of Office,
| shall have the same force and effeot as II
taken before the Register and Receiver OF
the Land Office. In cases Of contest % to
the mineral or agricultural character Of
| the land, the testimony and proofs may be
taken, as herein provided, on personal no.
tice of at least ten days to the opposing
| party. or IL such party cannot be found.
then by publication of at least once week
| for thirty days In newspaper to be
designated by the Register Of the Land
| Office as published nearest TO the location
of such land. and the Register shall re-
| quire proof that suoh notice has been
given; provided, that the presence OF rock
in place bearing gold. silver, cinnabsr.
petroleum, or other valuable mineral.
shall be regarded as presumptive evidence
that the land con tanning the same Is. and
always has been. mineral in character;
and provided further. that In investigat.
| ing the character OF land with O view to
ascertain whether il is more valuable for
mineral than agriculture. evidence may be
| taken Of the mineral discovered or devel-
| oped adjacent to such land. proof Of which
shall be presumptive evidence that the
land in question is, and always has been,
| mineral in character; and provided fur.
ther, that wherever land is proven to be 9
well-defned mineral belt such land shall
be deemed. presumed and taken 70 be. and
always to have been, mineral land, unless
the contrary lie proven; and provided
further, that the provisions Of this
chapter shall be literally construed
with the view to aid the applicant in pro-
curing title to the mineral lands of the
United States, and that the rules and reg
ulations prescribed by the Land Depart
ment of the Government and that OF its
officers, in disposing OF said land. shall be
so formulated and administered as to assist
the Government in disposing Of said lands
to bona fide applicants, and not so % TO
impede the sale thereof. or impose oner-
ous burdens upon applicants"
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