Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1895-02-16
A MINING BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY CON-
GRESHAM NEWLAKDS.

quest Of the California Miners Associa-
tion, introduced the following bill:
A bill 10 amend chapter six, 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 2324 Of the Revised Statutes be
amended so - 70 read:
''Secsion 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. All
records OF mining claims hereafter made
shall contain the name or names Of the
loostors, 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-swo, 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
of n. .A.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 at twelve O'Clock meridian on the
| frat day OF January succeeding the date
| OF location OF euch 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 q failure TO comply With
the conditions OF this Act in the perform
snce 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 represent tatives do not resume work
upon the claim after such failure and be-
fore such relocation, and continue the
same with reasonable diligence until the
required amount Of labor shall have been
performe or Improvements made. Upon
| the failure Of any one OF the several CO
owners TO contribute his proportion Of the
| expenditures required hereby, the 90 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
tiop, his interest 10 ths claim shall become
the property OF his co-owners who have
made the required expenditures. A copy
Of such notice. together with An affidavit
showing personal service or pu ublication,
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 IL situated shall be evidence Of the
acquisition Of title OF such co-owners.
When person or company has or may run
tunnel for the purpose OF developing .
claim or claims owned by said person or
company, the money so expended In run
ming said tunnel shall be taken and con-
sidered ~ 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" .
Sec. 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 oashs TO their
assistants"
Sec. 8. That section twenty-three hun.
and thirty: ave OF the Revised Statutes be
amended 30 as to read:
''Sec. 1885. All affidavits required to
be made under this chapter may be veri-
fied before any officer authorized to ad-
minister oaths in the State or Territory
where the claims may be situated having
an official seal. aud 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 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 II 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 shsll re-
quire proof that suoh notice has been
given; provided, that the presence Of rock
in place bearing gold, silver. cinnabar.
petroleum, or other valuable mineral,
shall be regarded as presumptive evidence
that the land containing the same Ia. and
always has been. mineral in character;
and provided further. that in investigat-
ing the character Of land with view TO
ascertain whether ID 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 il, and always has been,
mineral in character; and provided fur.
ther, that wherever land is proven to be q
well-defned mineral belt such land shall
be deemed, presumed and taken 10 be, and
always to have been, mineral land, unless
the contrary is proven; and provided
further, that the provisions of this
chapter shall be literally construed
with The view to aid the applicant in pro-
ouring title to the mineral lands Of the
United States. and that the rules and reg
ulstions prescribed by the Land Depart.
ment Of the Government and thrt of its
officers, In disposing of said land, shall be
so formulated and administered as u assist
the Government 10 disposing Of said lands
TO bona fde applicants, and not SO as TO