The silver messenger. (Challis, Idaho) 1890-1912, 1895-04-02

DESTROYS of securing the benefits
of this act, such locator or his
assigns, may file an additional
certificate subject to the condi-
tons 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 60 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 ....,.
Bsfore me. the sa5sert5ed personaAy appeared
......-..........., 0h0, being .frst duly sporn,
sdys that at teGst. .......... dollars north Of
uork or improvements ,rere performed or made
mining district, county oC........... ..., stGte
Of Idaho; that sueh expenditure ras made BY, FOR
or at tie expense oI..............oU neTs OF
said claim, for The purpose orAoldiag said claim
signature ACKNOWLEDGEMENTS.
hal NJ In H<f Dim,
oJ..........--, IT,.
..... .----.--...........---....
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 80 cents.
Such affidavit, or a certified
copy thereof in case the original
is lost, shall be prima facie evil
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 a new claim; but the
locator may, instead of sinking a
new discovery shaft, sink the
the original discovery shaft ten
feet deeper than it was at the
time of his location, or he may
drive the open cut, or tunnel ten
feet further along the course of
lead, lode or vein, and must erect
new posts or monuments.
Sec. 8. No location notice
shall claim more than one loca-
ton, whether the location is
made by one or several locators,
and if it purport to claim more
than one location it is absolutely
void.
Sec. 9. That section S10S OF
the revised statutes of Idaho is
hereby amended to read as fol
lows:
Sec. 31O3. For the conven-
fence of prospectors and loca-
tors, the county recorders of the
several counties must appoint a
deputy at any place where he
may deem it necessary, and at
all places more than 20 miles dis
tant from an existing Office when
ever ten or more mining locators
interested, petition for the ap-
pointment of a deputy. Upon
failure of any recorder to appoint
a deputy for ten days after the
petition in writing has been pre-
scented to him, the resident min
ers in such district may appoint,
temporarily, one of their number
to act as the recorder for the dis
trict, whose record shall be as
valid as if made by the deputy
and must be entered by the re
corder as hereinafter required
Provided, That whenever at any
time afterwards, the recorder ha:
appointed a deputy for such dis
trict or plrce. the authority OF
the person elected by the resi-
dent miners ceases.
Sec. 10. When the right t
mine is in any case separate
from the ownership or right Of
occupancy of the surface ground
the owners or rightful occupant
of the surface ground may de
mand satisfactory security from
the miners, and if. it be refused
or not given, may enjoin sucf
miners from working such GROUND
until such security is given. Tn,
court granting the writ of in
junction shall fix the amount anC
nature of the security.
Sec II placer claims n,