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Collection: Books and Periodicals > Mining & Scientific Press

Volume 12 (1866) (428 pages)

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The Mining and Srientific Press, whatever kind, belonging or appertaining to said ce, « ¢. 10. Ya case the District Recorder of any district wishes to resign hia office, he shall file his resignation iu the office of the County Clerk, who shall, forthwith, in any reusonabic manuecr, notify the people of sald district of the vacaucy this caused. Sec. 11. The Distiict Recorder shall appoint a deputy, for whose offivin) transactions he shull be fesponsihle, on his official bond. The certificate of such appointment shail he filed and recorded in the office of the District Recorder, ty the District Recorer, before said deputy enters upon the discharee of his duties, Said depnty shall, under the direetion of the District Recorder, do all things required of the District Recorder; und ho mny hold his Office during the pleasure «f the District Reconler. See. 12. The District Recorder, clected at any annunl election, shall, if qualihed, cuter upon the discharge of the duties of his office one week after his election. Ie shall hold his oftice for one year, and untilafter lis suceessor is elected and qualified. Ay Revorder elected ut u specinl election, or at the first clection in nnew distrivt, formed under this Act, shall euter upon the di charge of the duties of his office ux suon as qualified, Ske. 13. Mach District Recorder, hefore entering upon the discharge of his duties, shall take the constitutional onth of office, hefore some officer Buthorized to udminister an onth, and shall execare a hond in the penal sum of tive Immdred dollars, fur the faithful performunes of the duties of his olive, Satd toni shall be approved by n Justies of the Peace of the county in whieh said tictrict ix situated. Said bond and oath shall be Weorded in the office of the District Recorder, and filed in the office of ihe County Recorder, by said District Recorder, within thirty days after entering upon the discharge of tho duties of Iris office. c. 14. Tt shall be the duty of the District Reeonter to furnish, at his own cost, suitable books, ineluiliny indexes; to make all entries and reeords in a plain and legible manner; to keep the records in good order, and to copy verbatim, and within reasonable time, all instruments, in writing, pertaining to mining claims, filed in his office for record, Also, when called npnn to do so, he slim fO upon the ground, and survey any mining clnim taken up, causing to be firmly established at each corner, at the cost of the claimnnt, conspicuous Monuments, not less than threo fect high, on which shall bo legihle [legibly] aud durably inseriherl the name of the eluim and the date of the survey, signed by the District Recorder. He shall, also, at the cost of the clnimunt, cause to be firmly established, at the point ou the claim where the Prinvipal part af the assessment work, or other work, hes Leen done, or at some conspicnons point on the cliim, a permanent and conspicuous Monument, not less than three feet high, to which shall be securely fastened the name of the compauy anil that of the claim; the number of feet therein, aml the date of the survey, signed hy the District Recorder ; all of which shall be lezibly and duruhty inserihed on wood or sonic other permaMent snhstance; and he shall prepare and file for record in his oflice a notice of survey, which shall be substantially in the following forin: : Mixtxe District, County, Nevada, —, 18&—, } Notice is hereby given that the undersigned, constituting the company, claim feet inu mining claim, named —, situated as follows ; (Here deseribe the location by reference to the monuments and other objects in the vicinity, and otherwise, so that, hy means of the description, it nay be rendily found.) Surveyed (here give the dute of the survey.) (Here give the names of the locators, with the number of fect claimed ly each.) Sec. 15. Upon the request of any one, he shall give a ceniticd copy of any instrument, or mutter of record, on file or recorded in his office, if his fees nnd those of the County Recorder be paid or tendered Jor the same. Sec. 16. Qn the third Saturday of Angust, November, Februury and May, of cach year, the District Recorder shall file in the offiee of the County Recorder of the county in which his district, or the principal part thercof, is situated, all instraments recorded in the office of said District Recorder, and not previously filed in the office of the County Recorder; aud -the County Recorder shull, ns soon ns may be, duly record and index the same in books to be kept for that purpose, and shall then return said instruments to said District Recorder, In enso any such instruments be lost, or destroyed, before they are recorded in the office of the County Recorder, eopies of the same, duly certified by the District Recorder, shall he filed ‘ia their stead. For recording and indexing the County Recorder may chnrge and collect froin said District Recorder the sae fees that are allowed County Recorders by: law, which amount shall be collected by the District Recorder from the party proposing to file any such instrument, before said District Recorder shall file the same. Nothing in this Act shall be so construed as to require the Iistrict Recorder to file in the County Recorder's office any district laws, or any instrnments or records, obtained from any District Recorder elected under district mining laws, unless the fees, as prescrihed in this Act for copying, certifying and liling in the County Revordur’s office, shull have been paid, or tendered therefor. Sec. 17. For the safe keeping and due payment of all moneys entrusted to hiin, the District Recorder shall be liable on his official bond. And if he shall use said moneys fer his personul benoht, or shall, in any other manuer, misappropriate the same, or shall otherwise willfulty neglect or refuse to coniply with the provisions of ihis Act, he shall be liable in damages to tho party injured thereby, and, in the diserction of the Court, he shult forfeit bis offive and be forthwith removed therefrom ; and shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be pnnished by a fine not execelling five thoasand dollars, or by imprisonment in the connty jail for n period not exceeding one year, or by both snch fine and imprisonment. Sec. 18. The District Recorter shall, daring all reasonnble hours, keep his records open for inspection,and shall, within a reasonable time, record all papers left with him for record, and do all other things required of him hy this Act. Sec. 19. The District Recorder shall not be requind to perform any service, for any persou requesting his services, until his fees ure paid, or twnidered to him, if he demands them. Sxe. 20. The District Recorder shull note, on all papers filed in his offire, the year, month, dny, hour and ininute when they were so filed ; and all savh papers, filed fur record, shall be cousblered ns recorded from that time, All papers filed in the office of the District Recorder shull he kept properly arranged, so that they can be readily found. See. 21, All mining elaims located and held, under and by virtne of district liws of the several mining distyiets in this State, previous to the sveond Saturday of July, 1866, may coutinue to be held in aecordance with the provtsions of snid district Inws, up to the lirst Saturduy of Anvust, 1866. But heforo said first Saturday of Angust, the boundaries of such elaims — shall be clearly defined, by firmly establishing ut each corner of the chiim a vonspicuons munnmeant, which shall not he less than three feet high, and which shull have legibly mid duralily iaéeritied on it the name of the elnim, and the date of the survey or measurmeut of the claim. And at the point where tho principal work lis heen done, or nt some conspienous point on the claim, a perma nent und conspicnons monument, not less thin three feet high, shall be firmly estublished, to which shall he scenrely fastened the name of the clan, the number of fect therein, and the date of the survey; all of which shall be legility and durably inscribed on wood or some other permanent substunce ; and the owners of suid elaim shall, before said fest Saturday of August, file for record, with the District Recorder of the distriet in which said cluim is located, a deseription of the loeation of suid vlaim, by means of which said claiin may be readily found, In any ease where the location is such as not to involve nn nrea, but simply n ledge location, the monuments, as specified in section fourteen, for the corners ol a claim, shall be established at the ends of a claim, on the line of the ledge, as loented. No elaim on which work has been done, to the amonnt of one thousand dollars or more, shall be subject to re-location on account of non-compliance with the provisions of this scction, until sixty days after written notice of intention to relocate the same has been served upon the ayent or principal manager of snid claim, setting forth that if, within sixty days from the time snid agent or manager receives said notice, the provisions of this section be not complied with, said elaim will be re-located by the party serving said notice. Such notiec may be served personally, or it may be given hy publishing the same for two consecutive weeks in any newspaper published in the county in which said elaim is located; and if no newspaper be published therein, it may then be published in any newspaper published at the capi tal of the State. In case such notice be thus published in a newspaper, the relocntion may be made at any time aiter the expiration of sixty days from the first publication of such notice ; provided, that any mining elaim on which the assessment dues, required by this Act, have not been paid, as provided in this Act, hefore the first Saturday of Angust, 1866, shall ho subject to relocation. For the purposes of this Act a elaim shall be considered as located in the connty in which the’ principal part of the district in which it is located is situated. Sec. 22. On and ufter the second Saturday of July, 1866, all locations of mining elaims shall be made in the following manner: Ona monument, not less than three feet high, firmly established in a eonspicuous place on the claim, there shall be placed a plainly written notice, embracing a description of the ground claimed, the date of location, the name of the claim, the name of the cempany, and the names of the locators, with the number of feet claimed by each; and a copy of snid notice, accompanied by n written reqnest for a survey of said claim by the District Recorder, shall, within thirty days after the making of sneh location, be filed in the office of the District Recorder of the district in which said claim is located; and in ease there be no legally nuthorized District Reeorder in and for the district, or the claim be ontside of the limits of an organized mining district, then, and in thnt euse, said notice may be filed in the office of the County Recorder of the county in which said claim is located, and a written request for a survey by the County Surveyor shiall be served nponthe County Surveyor. Within a reasonable time thereafter, the County Surveyor, or his deputy,'shall perform all the duties required of a District Recorder, by the provisions of this Act. Tie shall keep a record of all his transactions in such cases; and for such services he may charge and receive the same fees allowed by law for his services in like cases. Within thirty days after the muking of such location, there shat! be done on said claim, as assessment work, to hold the same np to, and including, the day preceding the first Saturday of the then following August, excavation invelving, the removal ‘of tifty eubie feet of earth or loose material, or five cubic fect of solid rock, for each two hundred feet in the claim ; and, as soon as mry be thereafter, said District Re corder shall survey the same, and record the notice of survey, as provided in section fourtcen of this Act. And said District Recorder shall tile and record a eertificate in regard to the assessment work, which shall be substantially in the following form: — Disrrict, County, Nevapa. This is to eertify that on the (name of vlaim) mining elaim, governed hy the Company, surveyed (date of survey), there has been done by, or on bebalf of, said company, sufficient work to . hol said claim up to tbe first Satunlay of August next. — , District Recorder. Sec. 23. Any person may locate mining claims
in favor of others; but uo purson shail he entitled to hold, hy location, more than two hunilred feet of uny one ledge except hy virtue of discovery of the same, for which he shall be entitled to hold wo hundred fect additional. In the case of locations unids os extensions, the loention of two lnindred feet, by virtue of discovery, is nllowed. No claim shuil, in the aggregnte, execed in extent two thousand fect on itny one ledve. See. 24. Any locution made on a ledge, by authority of this act, shall be deemed to include all the dips, spurs, angles and variations of suid ledge. The locutors of uny lelzo shnll he entitled to hold one hnudred feet on cach side of the same, nut interfering with tho wining rights previensly acquireal by others; and all dips, spurs, angles, viriations, veins, cross-ledges, strings und Iveders, within snch area of two hundred feet, ly the extent of the claim, on the supposed line of the lege, ng located, shnll be cousidered as claimed und held by said locutors, nud a part af sail ledye ; und no ledge, in pny claim subsequently located shall be Tollowed nud worked within sail area withoat the permission of the hohlers of said wea. All m nrements of boundaries shall he horizontal air lines, Nothing in this Act shull be so construed as, inmy munuer, to change the amount of grannil that may be held in any mining claim lovated aud held in necorianee with district mining laws; but on mnt after the first Saturday of Angust, 1866, ull such clnims shall, in all other ects, be subject to the provisions of this Act. Loentions may be made ou blind ledges in the same manner as on cropping ledges, und any person, conipaiy or vorporndon finding 2 blind ledge, in any excovation made by him or them, shall, for ten days after finding the saine, have the exclusive privilege of locating the same. Sec. 25. No person shall hecome n locator in more than one claim on the same ledge, und any second locution, made on the same ledge, by or in the name ofa party ulready located ou such ledge, shall be void. Sec. 26. The holders of any claim shall have the right to nse so much of the lund in the vicinity thereof as may be requisite for dumps, anil for the erection of the necessary buildings, machinery nnd other works connected with said claim and for the convenicnt development and working of the saine, And in the development and working of said claim, they may sink shalts and inclines, and run drifts, tunnels and euts on any lands in said vicinity ; bat the prior owners of such lands shall be entitled to reasonable compensation for all damages snstained by reason of snch dumps, the ercetion of such works, or the conducting of such operations. Tf the prior owners of any such Jands have duly claimed the same as mining ground, they shall be entitled to all the orcs taken out in the course of such operations, and they shall not be interfered with in the conducting of their own mining operations on their own eluims. The amount of such compensation shall be determined by a imajority of three commissioners—one of whom shall be appointed by such prior owners, one by the party engaged in such development or working, and one by the two thus selected. The amount so fixed sball, within fifteen days after the fixing of the same, he paid to said prior owacrs, or deposited in the county treasury, snbject to the order of said prior owners. Said commissioners shall, before entering upon their duties, take and sulisertbe to an oath, before some person duly authorized to administer the same, to make a true appraisement thereof, according to the best of their knowledge and belief. Sec 27. No person shall have the right to impede or inconvenience travel by obstructing or rendering unsafe any public street or road ; nor shall any one change tho direction of uny public road without the sanction of the proper authorities. Sec. 28. For the purposes of this Act, nny stakes set, any works erected, or any tree or other object selected and conspicuously marked to designate the boundaries of a mining claim, shall be deemed a nonument established for such purpose, if it be conspicuous, and tbree feet in hight. Sec. 29. Any person who, willfully, malicionsly or. wantonly, or with intent to fraudulently change, injare er destroy a bonndary, shall remove, injure or destroy any monument, or any mark thercon, established to designate the boundary of uny mining elaim, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine not exceeding one thousand dollirs, or by imprisonment in the county jail not exceeding six months, or by both sucb fine and imprisonment. a Sec. 30. Por the purpeses of this Act, the term “foot,” when nsed without qualification in relation to mining ground, is hereby declared to mean twelve lineal inches, horizontal alr Hine measurement, on the line of the ledge, as located; the term “assessment work” is hereby declared to mean the work done, partly in order to hold a claim, and involving the excavation of fifty cubic feet of earth or loose matter, or five cubic feet of solid rock, for cach two hundred feet in the claim ; the terms “assessment dues” is hereby declared to mean two cents for each foot in a-elaiin, to be . paid for the purpose of holding the same one as. sessment year; nnd the term “‘nssessment year is -hereby declared to mean the period extending from, and including, the first Saturday of August of one year, to, and iacluding, the day immediately preceding the first Saturday of August of the foltbe payment of assessment dues, shall be regarded sis evidence of intention to hold the claim on which, or with reference to which, the same was done or paid, for the period for which the same was done or paid. The payment of assessment dues shall be inlicu of the “ussessment work ” heretofore usually required as au evidence of intention to hold lowing year. The doing of ussessment work, or j 215 a mining claim for a gpeclficd period; nnd such peyient shall not be requived in any case whero the holders of a mining claim are in good faith, and to the extent specified in section thirty-two of this Act, engaged in developing or working the same. Ste. 31, On. the first Saturday of aAngust, 1866, (nt which time the first assessment year shull hegin,) this Act shall supercede oll district mining s, und therenfter suid laws shall be considered na repealed; provided, any and all rights heretofore acquireil under and by virtue of such district nining Inws, slall be determined in accordanee with snid nining laws, existing at the time whon anid rights were acquired, During the period extending from, and including, the first day of May, 1866, to, and including, the day immediately precediuy the first Saturday of the following August, no claim shall become sulject to re-loeation ly reason of the non-performunce of ussessment work, Locations may be made muler this Act at any lime on and after the second Saturiny of July, 1866, (at which tine the District Recorders elected under this Act shall, if qnalified, enter upon the ‘lischarge of their duties), and on and after said second Saturday of July, no locutious sball be nade under district mining laws. Sec. 32. The doing of assessment work, or the payment of ussessmenut dues, shall not be required in order to hold a claim during any assessment year, if, during the year next preceding such ngsessment year, there has been done on said ela, hy or on behalf of the claimants thereof, an amount of work costing, nt a fuir valuation, not less than fifty cents for each foot in suid claim; but in ull other cases assessment work shall bu tone, or assessment dues shall be paid as provided in this Aet. Assessment dues shull be paid for every nssessment year by the parties holding the claiin, to the District Recorder, elected under this Act, before the first Saturday of Angust, commencing the assessment year for which they are paid, exeept as otherwise provided in this section, , Sxo. 33. Except as otherwise provided in seetion thirty-two, every mining claim located and held nnder distriet mining lnws, on which, before the first day of Muy, 1866, there has been work done involving the execavution of fifty cubie feet of earth, or loose mntter, or five cubic fect of solid rock, for each two hundred feet in such elaim, shall he subject to assessment dues. On every mining claim located and held under distriet mining laws, on Which such work has not been done before the first diy of May, 1866, assessment work shall be done on or before the day immediately preceeding the lirst Saturday of August, 1866. The doing of sneh assessment work, or the payment of such assessinent dues, shall enable the owners of said elnim to hold the same for the next ensuing assessment year, commeucing on the first Saturday of Angust, 1966. Sec. 34. The assessment work done within the thirty days after the location of a claim, under this Act, as provided in section twenty-two, shall hold the same only up to the beginning of the assessment year following tbe date of said location, and for such next ensning assessment year, and for such next ensuing assessment year, and for every year thereafter (except as provided in section thirty-two of this Act), such elaim shall bo subject to assessincnt dues. : Sec. 35. For any assessment dues paid to the District Recorder, he shall givo a receipt, whieh shall he filed for record, in the office of the District Recorder, before the expiration of the time for the payment of such dues. Suid receipt shall be substantinlly in tho following form : $ Received District, county, Nevada, , 18—, from (amount) in full, as assessment dues on = mining elaim, for the assessment year commencing on tbe first Saturday of August, 18—. 7 District Recorder. *. Sec. 36. The doing of any assessment work, or the payment of any assessment dues, hy any one or more of the owners in any mining claim, shall not be held to extend to or protect any iuterest or interests in said claim, heyond those specifically covered hy the doing of such work or the payment of such dues; and any portion or portions, interest or interests, in any claim or claims, on which the requisite work has not been specifically done, or the requisite dues have not heen paid, shall be forfeited und.snbjeet to re-location, the same as if no work had heen done, or no dues been paid, on any portion of said claim ; but n receipt given to the company shall be sufficient to cover all ground claimed by said company, without specifying tho separate owners therein. al Sec, 37, All papers relating to any claim in any mininy district in which there is no Distrivt Recorder, or which is not within the limits of any mining district, may be filed in the office of tho County Recorder of the connty in which said cluim is located ; und in any such case, the surveys may be made hy the Connty Surveyor of said county, or his deputy; and the assessnient dnes may be paid to the County Treasurer of said county, who shall givea receipt therefor, which shnil be substantially in the form prescribed in section thirty-five. Before the expiration of the timo for the payment of said assessment dues, suid receipt shall be filed for recor ia the office of the County Recorder of suid county. : . Sec. 388. If, within thirty days immediately preceding the time that it becomes necessary to do the assessment, or other wark, ou any mining claim, it is genoraly helieved thut the section of country in the vicinity of said elaim, or the routo which it is necessary td travel in going to said claim, is infested by bostile Indians, the doing of said work may: be postponed for six months from said time; bnt one of the owncrs of said elaim, or his ugent, shall, within said thitty days, before some officer competent to admiuister an oath, tuke and sudscribo an oath, which shall be substantially i follawing forni: ie oT A.B, do solemnly swear (or nffirm) that I am one of the cluimants (or the agent thereof, as the