Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1896-02-01
A MINING BILL
INTRODUCED IN We HOUSE OF
REPRESENTATIVES BY con-
GRESHAM HEWLlHDS.

quest Of the California Miners Associs-
tioD, 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 1924 OF the Revised Statutes be
amended so as 10 read:
''Section 1924. 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 0
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
seveDty.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 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
menoe at twelve O'Clock meridian on the
frat 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
afidavit 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
ance OF labor or making Of Improvements,
the claim or mine upon which sue 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 ct least once . weeh
for ninety days; and II at the expiration
| OF ninety days after such notice In writing
or by publication, such delinquent shsl
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
| kihoC sao Ic4otkCo "a RoaotseASss a SSRJ
Of such notice. together with an affidavi
showing personal service or publication
as the case may be, of such notice. wher
| fled and recorded with the recorder O.
deeds OF the county in which such mining
claim is situated shall be evidence Of tht
acquisition Of title OF such co-owners
When q person or company has or may rur
q tunnel for the purpose OF developing |
claim or claims owned by said person ol
company, the money so expended In run
ming said tunnel shall be taken and con
sidered as expended on said claim Of
claims; provided further. that said claiu
or claims shall be distinctly marked oI
the surface as provided in this Act"
SEQ. 2. That section twenty-three hun
dred and thirty four Of the Revised Stat
utes bs ar ended by adding thereto the fol
| lowing: "Ani the surveyors appointet
| under the provisions Of this section shall
have power to administer oaths TO thei
assistants"
SEQ. 8. That section twenty-three hun
and thirty-fve of the Revised Statutes b
amended so as to read:
"Sec. 1885. All affidavits required !,
be made under this chapter may be veri
fed before any officer authorized TO ad
minister oaths in the State or Territor.
| tAc Sibtnb khoJ 70 bAteetSt Ae'Ast
an official seal, and all testimony and proof
may be taken before any such officer. AMI
when duly certified by the officer takinl
the same, sttested by his seal Of office
shall have the same force and effect as
taken before the Register and Receiver
the Land Office. In cases of contest as &
the mineral or agricultural character o
the land, the testimony and proofs may b
| taken, as herein provided, on personal no
tice OF at least ten days to the opposin
party. or II such party cannot be found
then by publication of at least once wee
for thirty days in a newspaper to b
designated by the Register Of the Ian
Office AZ published nearest to the locatio
of such land. and the Register shall II
quire proof that suoh notice has bee
given; provided, that the presence OF roc
in place bearing gold, silver. cinnsbai
petroleum, or other valuable mineral
shall be regarded as presumptive evidene
that the land containing the same is. an
always has been, mineral in character
and provided further. that in investigs
ing the character OF land with view
ascertain whether il is more vslusble 70
mineral than agriculture, evidence may ;
taken of the mineral discovered or deve
oped adjacent to such land. proof OF whic
shall be presumptive evidence that th
land in question is, and always has beer
mineral in character; and provided ful
ther, that wherever land is proven to be
weli-csined mineral belt such land shs
be deemed, presumed aud taken TO be, al
always to have been, mineral land, unles
the contrary is proven; and provide
further, that the provisions. OF thi
chapter shall be literally constrne
with the view to Aid the applicant in pre-
curing title to the mineral lands OF th
United States, and that the rules and reg
ulations prescribed by the Land Depart
ment of the Governments and that OF il
officers, In disposing OF said land, shall b
so formulated and administered as to sssis
the Government In disposing OF said land
to bona fide applicants. and not so as :