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Collection: Books and Periodicals > Mining & Scientific Press
Volume 12 (1866) (428 pages)

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Page: of 428

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