Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1896-02-08
A MINING BILL
INTRODUCED IN THE HOUSE OF
REPRESENTATIVES BY con-
GRESHAM HEWLANDS.

quest OF the California Miners Aseocis-
tion, introduced the following bill:
A bill to 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 90 ss 10 read:
"Section 1924. The miners Of each
mining district may make regulations, not
in confict with the laws OF the United
States or with the laws Of the State or
Territory In which the district 10 situated,
governing the location, manner OF re-
oording, amount Of work necessary to
hold possession Of Q 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
locstors. 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 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 all claims located prior TO
the tenth day of May, eighteen hundred
and seventy-two, ten dollsrs' worth OF
labor shall be performed, or Improvements 10
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
first day OF January succeeding the date
OF location OF such CLAIM. When the
labor required by this Act snail have been
performed, or improvements made, an
sffidsvit 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 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 az IL no location Of the same
had ever been made; provided, that the
original locstors, their heirs. assigns, or
legal representatives do not resume work
upon the claim after suoh 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, 81 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 . 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
ton, 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
claim is situated shall be evidence Of the
acquisition OF title Of such co-owners.
When q person or company has or may run
Q tunnel for the purpose Of developing 9
claim or claims owned by said person or
company, the money 80 expended In run
ming said tunnel shall be taken and oon-
sidered ss expended on said claim or
claims; provided further. that said claim
or claims shall be distinctly marked on
the surface as provided in this Aot."
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 oashs TO their
assistants"
Sec. s. That section twenty-three hun
and thirty-fvs OF the Revised Statutes be
amended so as to read:
"Sec. 1885. All affdavits required to
be made under this chapter may be veri-
fed before any officer authorized 10 sd'
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
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 oi
the Land Once. In cases Of contest % tc
the mineral or agricultural character oi
the land, the testimony and proofs may bs
| taken. as herein provided, on personal no
| tice of al least ten days to the opposinf
party, or II such party cannot be found
| then by publication Of al least once weel
| for thirty days in q newspaper TO b
\ designated by the Register of the Lapt
| Office as published nearest TO the location
| Of such land. and the Register shall re
| quire proof that such notice has beef
| given; provided, that the presence OF rocl
| in place bearing gold, silver. cinnabsr
petroleum, or other valuable mineral
shall be regarded as presumptive evidence
| that the land containing the same Is. ant
always has been. mineral in character
and provided further. that in investigat
ing The character OF land with view 4
ascertain whether il is more valuable 10
mineral than agriculture. evidence may D
taken OF the mineral discovered or devel
oped adjacent to such land. proof OF whicl
| shall be presumptive evidence that tn
land 10 question is, and always has been
| mineral in character; and provided fur
ther, that wherever land 10 proven to be
well-defined mineral belt such land shai
be deemed. presumed aud taken 70 be, AM
always to have been, mineral land, unles
the contrary is proven; and provides
| further, that the provisions Of thi
chapter shall be literally construed
with the view to Aid the applicant In pro
curing title TO the mineral lands OF th'
| United States. and that the rules and reg
uIstions prescribed by the Land Depart
ment Of the Government and that Of it
officers, In disposing Of said land, shall b,
so formulated and administered a. 10 sssis
the Government In Sisposing Of said land
to bona fide applicants. and not 90 - II
impede the sale thereof, or impose oner-