The silver state news. [volume] (Winnemucca, Nev.) 1907-1909, 1907-07-01
THE CHANGES IN NEVADA'S
MINING LAWS
Statutes Passed by the Last Legislature that
Become Effective after Today
(By Albert D. Ayr,s, in Nevada Mining
Invastnr \


lation touching mining subjects was
passed by the Nevada legislature of
1907. While some of this is probably
not of sufficient interest to the pros
pector to be mentioned here, still, the
greater part Of it deals directly with
those MATES in which the prospt ctor
is most interested. AS / have been
asked to write an article which will
assist the prospector Of this State to
a knowledge of his new law, | shall,
as far as possible, confne myelf to
that portion of the new legislation
which seems to me to bear directly
upon matters of interest to them
A considerable part of this new legis.
lation simply amends the method of
locating mining claims. while the rest
touches various phases of the mining
law not in any wise come eted with the
subject of how to locate claims. This
latter will be first treated of.
All of this legislation is, at the pres
ent writing, in full force and effect,
while that part of the new laws which
simply amends the method of locating
mining claims does not become effec-
tive until July /, 1907.
One of the most important OF The
new laws in regard to mining, is that
which makes it felony punishable by
Imprisonment in the State penitentiary
for not less than three nor more than
ten years, to ante date or falsely date
a notice of location.
Location on Private Lands.
Another matter of considerable i'm.
portance is the act which provides that
unimproved and unfenced lands held in
private ownership may be entered and
located as mineral Such lands are
subject to location only by citizens of
the United States and are located the
same as other mineral lands, except
that after the location is perfected, a
suit must be instituted in court to
prove the fact that the land is more
valuable for mineral than for other
purposes and to prove the value thereof
to the former owner and the amount
to which he must be compensated by
the locator for the land taken There
seems to be some question as to the
constitutionality of an arct of this
character, but it deemed best not
to discuss this subject here Probably
the courts will be called upon to decide
this question in the not far distant
future.
Recording Officer to ave Seals
Another law of some value to the
prospector is one which requires county
recorders and mining district ecorders
with whom certificates of location are
fled to issue eceipts under seal This
receipts must show the name of the
claim, the date of location, and the day
and hour when the certificate is filed.
Each mining district recorder must
provide himself with u seal which must
have the name of the diserict county
and State engraved thereon and with
which he Unjust authenticate all official
acts.
Grubstake Contracts.
BY recent act grubstake contracts
and all contracts affecting mining loea-
tions are void except between the orig
inal parties thereto unless the same be
in writing, acknowledged and ecorded
in the office of the recorder of the
county where the ageemeLt is made.
But when so executed. acknowledged
and ecorded the same shall be "prima
facie evidence in all courts of Justice
in this State in all cases wherein the
title to mining locations and other
locations under the mining laws of this
State are in dispute
The intent of this act is difficult to
determine, and il seems to me that the
courts will wrestle with this law a
great deal before any intelligent inter
pretation will be put upon it. Just
what the agreement is supposed to be
evidence of does appear. Yet it is
prima facie evidence of something. But
of whats And then, too, the law states
that it is such evidence in"all cases
wherein the title to mining locations
is in dispute Surely grub
stake agreement, even though recorded,
cannot be evidence Of anything in
a case between parties foreign to the
agreement and concerning the title to
mining locations which the agreement
does not affect. Y,t, it is made prima
facie evidence of something in every
case in the entire State of Nevada
where In the title to mining locations
is In dispute.
Another feature in this law is that
it seems that unless written, acknowl-
edged and recorded, a grubstake agree
ment will not bind even those who have
actual notice Of the agreement. For.
In the words Of the statute, 1t is "void
except as between the parties thereto. -
Surely, this law is badly in need of
amendment.
Wate' Rights.
But of all the icts of the last legis-
lature the most ! lportant to the mining
interests IL one which 1t not on mining
subjects. This is a general and com.
prehensive law appertaining to the 10.
cation Of waite rights. Anyone wishing
(Continped on page z.