Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1896-01-04
A MINING BILL
INTRODUCED IN THE HOUSE OF
Representatives BY con-
GRESHAM HEWLlHDS.

Hon. Francis G. Newlands, at the re-
quest of the California Miners Associa-
tion, introduced the following bill:
bill TO amend chapter six. Of title thir-
ty-two Of the Revised Statutes, relating
to mineral lands and mining resources !:
Be 1t enacted BY the Serate and House
OF Representatives Of the United States
OF America In Congress assem- bled, that
section 1924 Of the Revised Statutes be
amended 30 - 70 read:
"Section 1924. The miners Of each
mining distriot 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-
cording, smount 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 30 that its
boundaries can be readily traced. All
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 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 10
made, during each year for each one hum
dred feet In length along tho vein, until
payment Of the purchase money and .
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 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
prims fscie 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 as If no location OF the same
had ever been made; provided, that the
Il thatr batra or
legal represen tatives do not resume work
upon the claim after suoh failure and be-
fore such relocation, and continue this
same with reasonable diligence until the
required amount OF labor shall have been
perfor med 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, st 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. A copy
OF such notice. together with an afidavit
showing personal service or publication,
as the case may be. OF such notice. when
hled and recorded with the recorder oi
deeds OF the county In which such mining
claim 10 situated shall be evidence Of the
acquisition Of title OF such oo-owners.
When person or company has or may run
q tunnel for the purpose OF developing .
claim or claims owned by said person OF
company. the money 90 expended In run
ming said tunnel shall be taken and CON.
claims; provided further. that said claim
or claims shall be distinctly marked on
the surface % provided in this Aot."
SEQ. 2. That section twenty three hun
dred and thirty -four Of the Revised Stat
utes be amended by adding thereto the fol
| lowing: "And the surveyors appointed
under the provisions Of this section sha,
have power to administer oaths TO theii
| assistants"
SEQ. 8. That section twenty-three hun
and thirty-fve OF the Revised Statutes b
| amended SO as TO read:
"Sec. 1885. All afidavits required Il
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 proof
may be taken before any such officer. snd
when duly certified by the officer taking
| the same, attested by his seal OF office
shall have the same force and effect Is !
taken before the Register and Receiver o.
the Land Office. In cases Of contest % II
/ the mineral or agricultural character o.
/ the land, the testimony and proofs may b
| taken, az 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 weel
for thirty days in q newspaper to b
designated by the Register OF the LAM
Ofice as published nearest TO the location
OF such land. and the Register shall re
quirs proof that suoh notice has beel
given; provided, that the presence Of roc
in place bearing gold. silver. cinnabar
petroleum, or other valuable mineral
shall be regarded as presumptive evidenc
that the land containing the same is. an
always has been. mineral in charactei
and provided further, that in investigal
ing the character OF land with view I
ascertain whether il is more valuable 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 been
mineral in character; and provided fui
ther. that wherever land 10 proven to be
well-defned mineral belt such land sha
be deemed. presumed and taken to be, an
always to have been, mineral land, unles
the contrary is proven; and provide
further, that the provisions Of thi
chapter shall be literally construe
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 Government and that OF il