The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-08-30

in depth. The sides OF a claim shall be
two parallel lines run as nearly as posi-
bic at right angles to the stream. The
sides shall be marked with legal posts at
or about the edge of the cater and at
the rear boundaries of -he claim. One of
the legal posts at the stream shall be
legibly marked with the name of the
miner and the date upon which the claim
was Staked.
5. A bench claim shall be 100 feet square.
and shall have placed at each of its four
corners a legal post. upon which shall be
legtbly marked the name of uhe miner and
the. date upon which the claim was
staked.
6. Entry shall only be granted for
alternate claims the other alternate
claims beng reserved for the crown. to
be disposed of at public auction or in such
manner as may be decided by the min
lister of the interior.
| The penalty for trespassing upon a
claim reserved for the crown snail be i'm
mediate cancellation by the gold COM
missioner of any entry or entries which
the person trespassing may have obtained
| whether by original entry or purchase
Tor mining claim, and the refusal by
the gold commissioner of the acceptance
OF any application which the person tres
passing may a any time make for a
claim. In addition to such penalty, the
| mounted police upon a reeuisjtion from
the gold commissioner to that effect. shall
take the necessary steps TO eject the tres
passer.
Z. In defining the size of claims they
shall be measured horizontally, irrespeet-
i've OF inequalities on the surface of the
ground.
s. If any person or persons shall dis
cover a new mine and such discovery
shall be established to the satisfaction of
| the gold commissioner, a creek and siver
claim 100 feet in length may be granted.
new stratum of auriferouS earth sr
| gravel situated in locality where the
claims are abandoned shall. for this pur
pose. be deemed a new mine. although
the same locality shall have been pre-
rod nj 1ova
j. The forms of application for a grant
Tor placer mining and the grant of the
same shall be those contained IN form II
and | in the schedule hereto.
10. A claim shall be recorded with the
gold commissioner in whose district it Is
situated within three days after the loca-
ton thereof if it is located within ten
miles of the commissioner office. One
extra day shall be allowed for making
| such record for every additional ten miles
or fraction thereof
IL. In the event of the absence of the
gold commissioner from his office, entry
for claim may be granted n any person
whom he may appoint 20 perform his
duties in his absence.
Il. Entry Shall not be granted for a
claim which has not been staked by the
applicant IN person in the manner SDeci-
fed in these regulations. An affidavit
that the claim was staked out by the ap
plicar.t shall be embodied in form H of
the schedule hereto.
13. An entry fee of SO shall be charged
the first year and an annual fee of 500
for each of the following years This
provision shall apply to locations for
which entries have already been granted.
a. A royalty of 10 yer cent on the gold
mined snail be levied and collected by
officers to be appointed for the purpose,
provided the amount SO mined and taken
from single claim does not exceed $500
per week. In case the amount mined and
taken from a single claim exceeds $500
per week. there shall be levied and coll
lected a royalty of 10 per cent upon the
amount so taken out up to $500, and upon
the excess, or amount taken from any
single claim over $500 per week. there
shall be levied and collected a royalty of
20 per cent, such royalty to form part of
the consolidated revenue and to be &C
counted for by the officers who collect
the same in due course The time and
manner in which such royalty shall be
collected ard the persons who shall col
lect the same shall be provided for by
regulations to be made by the gold COM
missioner. .
Default in payment of such royalty, if
continued for ten days after notice mas
been posted upon the claim in respect of
which it is demanded or in the vicinity
of such claim by the gold commissioner or
his agent. shall be followed by canceila-
ton ofsthe claim. ANY attempt to de-
fraud the crown by Withholding any part
of the revenue thus provided for, by max
ing false statements of the amount taken
out, shall be punished by cancellation of
the claim in respect of which fraud or
false statements have been committed
or made. In respect of the facts as to
such fraud or false statements or non
pertinent of ROYALTY. the decision of the
gold commissioner shall be final
15 After the recording of a. claim, the
removal of any post by the holder there
of CT by any person acting in his behalf
for the purpose OF changing the bounda-
ries of his claim shall act as 9, forfeiture
of the claim.
for placer mining r1ust be renewed and
his receipt relinquished and replaced
every year, the entry fee being paid each
time
IT. No miner shall receive grant of
more than one mining claim in the same
locality, but the same miner may hold
any number of claims by purchase and
any number of miners may unite to work
their claims in common upon such terms
as they may arrange, provided such
agreement be registered with the gold
commissioner and fee OF 50 paid for
each registration
is Any miner or miners may SELL mort
gage or DISPOSE of his or their claims
provided such disposal be registered WITH
and a fee of 81 paid to, the gold comnis-
sioner, who shall thereunon' give the as
signee a certificate in form J in the
schedule hereto.
49, Every miner shall. during the con-
tlnuance of his grant. have the exclusive
right of entry upon his own claim for the
miner-like working thereof and the con-
Struction of residence thereon, and shall
be entitled exclusively to all the proceeds
realized therefrom, upon which, however,
the royalty prescribed by clause Il of
these regulations shall be payable, but
he shall have no surface rights therein;
and the gold commissioner may grant to
the holders Of adjacent claims such right
of entry thereon as NAV be absolutely
necessary for the working of their claims
upon such terms as may to him seem rea-
sonable. He may also grant permits to
miners to cut timber thereon for their
own use upon payment of the dues pre-
scribed by the regulations in that behalf.
20. Every miner shall be entitled to the
use of so much of the water naturally
flowing through or past his claim and not
already lawfully appropriated as shall, in
the opinion of the gold commissioner. be
necessary for the due working thereof,
and shall be entitled TO drain his own
claim free of charge.
q. A claim shall be deemed to be aban-
doned and open to occupation and entry
by any person when the same shall nave
remained unworked on working days by
the grantee thereof or by some person on
his behalf for the space OF Y hours, IN
less sickness or other reasonable cause be
shown TO the satisfaction of the gold
commissioner Or unless the grantee is
absent on leave given by the commission
er. and the gold commissioner. upon OBJ
tanning evidence satisfactory to himself
that this provision is not being complied
claim.
% If the land upon which a claim has
been located is not the property of the
crown it viii be necessary for the person
who applied for entry to furnish proof
that he has acquired from the owner of
the land the surface rights before entry
can be granted.
go If the occuDier of the land has not
received q patent therefor, the purchase
money of the surface rights must be paid
to the crown, and a patent of the surface
rights will issue to the party who ac-
CURED the mining rights The money so
collected will either be refunded to the
occupier of the land when he is entitled
to a patent therefor or will be credited
to him on account of payment for land