Chapter 563. To relieve owners of mining claims who enlist in the military or naval service of the United States for duty in the war with Spain from performing assessment work during such term of service
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Chap. 563: To relieve owners of mining claims who enlist in the military or naval service of the United States for duty in the war with Spain from performing assessment work during such term of service. Chapter 563 30 Stat. 651 1898-07-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 563.— An Act To relieve owners of mining claims who enlist in the military or naval service of the United States for duty in the war with Spain from performing assessment work during such term of service.July 2, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the provisions of section Public lands.
Mining claims of persons enlisting not subject to forfeiture for nonperformance of annual labor, etc. R. S., sec. 2324, p. 426. twenty-three hundred and twenty-four of the Revised Statutes of the United States, which require that on each claim located after the tenth day of May, eighteen hundred and seventy-two, and until patent has been issued therefor, not less than one hundred dollars’ worth of labor shall be performed or improvements made during each year, shall not apply to claims or parts of claims owned by persons who may enlist in the volunteer army or navy of the United States for service in a war between this country and Spain, so that no mining claim or any part thereof owned by such person which has been regularly located and recorded shall be subject to forfeiture for nonperformance of the annual assessments until six months after such owner is mustered out of the service, or, if he should not survive the war, then six months after his death in the service.
Sec. 2. That those desiring to take advantage of this Act shall file, Notice of enlistment. or cause to be filed, a notice in the clerk’s office where the location certificate of said mine is recorded before the expiration of the assessment year, giving notice of his enlistment and of his desire to hold said claim under this Act. Sec. 3. That if any such enlisted soldier or sailor has a coowner or No exemption to co-owners not enlisted. coowners in any mining claim, and who are not in the Army or Navy, and such coowner or coowners fail to do such a proportion of one hundred dollars’ worth of work per annum as the interest of such non-enlisted person or persons bears to the whole claim, then such interest shall be open to relocation by any other qualified person or persons by their doing the necessary work thereon and filing an affidavit of labor showing the forfeiture and that the relocators had done the annual work required of such nonenlisted persons and succeeded them in right under this Act, which work may be done at any time after the expiration of the assessment year and before the former owners resume work thereon.
The work and affidavit aforesaid shall operate as a transfer of said forfeited interest from the former owners to said relocators. Approved, July 2, 1898.
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Chapter 563
To relieve owners of mining claims who enlist in the military or naval service of the United States for duty in the war with Spain from performing assessment work during such term of service
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