subdivisions thereof, as before the passage of said act; and that any bona fide entries of such lands within said States, since the passage thereof, may be patented without reference to the provisions of said act. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the provisions of the fifth section of the act entitled "An act to promote the development of the mining resources of the United States," passed May tenth, eighteen hundred and seventy-two, which requires expenditures of labor and improvements on claims located prior to the passage of said act, are hereby so amended that the time for the first annual expenditure on claims located prior to the passage of said act shall be extended to the tenth day of June, eighteen hundred and seventy-four. Approved March 1, 1873. No. 8. An Act to amend the act entitled "An act to promote the development of the mining resources of the United States," passed May tenth, eighteen hundred and seventy-two. Annual expenditures. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the provisions of the fifth section of the act entitled "An act to promote the development of the mining resources of the United States," passed May tenth, eighteen hundred and seventy-two, which requires expenditures of labor and improvements on claims located prior to the passage of said act, are hereby so amended that the time for the first annual expenditure on claims located prior to the passage of said act shall be extended to the first day of January, eighteen hundred and seventy-five. Approved June 6, 1874. No. 9. An Act to amend section two thousand three hundred and twentyfour of the Revised Statutes, relating to the development of the mining resources of the United States. Expenditures on tunnel. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That sec tion two thousand three hundred and twenty-four of the Revised Statutes be, and the same is hereby amended, so that where a person or company has or may run a tunnel for the purposes of developing a lode or lodes, owned by said person or company, the money so expended in said tunnel shall be taken and considered as expended on said lode or lodes, whether located prior to or since the passage of said act, and such person or company shall not be required to perform work on the surface of said lode or lodes in order to hold the same as required by said act. Approved February 11, 1875. No. 10. An Act to exclude the States of Missouri and Kansas from the provisions of the act of Congress entitled “An act to promote the development of the mining resources of the United States," approved May tenth, eighteen hundred and seventy-two. Missouri and Kansas. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That within the States of Missouri and Kansas deposits of coal, iron, lead, or other mineral be, and they are hereby, excluded from the operation of the act entitled "An act to promote the development of the mining resources of the United States," approved May tenth, eighteen hundred and seventy-two, and all lands in said States shall be subject to disposal as agricultural lands. Approved May 5, 1876. No. 11. An Act authorizing the citizens of Colorado, Nevada, and the Territories to fell and remove timber on the public domain for mining and domestic purposes. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all citizens of the United States and other persons, bona fide residents of the State of Colorado or Nevada, or either of the Territories of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or Montana, and all other mineral districts of the United States, shall be and are hereby authorized and permitted to fell and remove, for building, agricultural, mining, or other domestic purposes, any timber or other trees growing or being on the public lands, said lands being mineral, and not subject to entry under existing laws of the United States, except for mineral entry, in either of said States, Territories, or districts of which such citizens or persons may be at the time bona fide residents, subject to such rules and regulations as the Secretary of the Interior may prescribe for the protection of the timber and of the undergrowth growing upon such lands, and for other purposes: Provided, The provisions of this act shall not extend to railroad corporations. SEC. 2. That it shall be the duty of the register and the receiver of any local land office in whose district any mineral land may be situated to ascertain from time to time. whether any timber is being cut or used upon any such lands, except for the purposes authorized by this act, within their respective land districts; and, if so, they shall immediately notify the Commissioner of the General Land. Office of that fact; and all necessary expenses incurred in making such proper examinations shall be paid and allowed such register and receiver in making up their next quarterly accounts. SEC. 3. Any person or persons who shall violate the provisions of this act, or any rules and regulations in pursuance thereof made by the Secretary of the Interior, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding five hundred dollars, and to which may be added imprisonment for any term not exceeding six months. Approved June 3, 1878. No. 12. An Act to amend sections twenty-three hundred and twenty-four and twenty-three hundred and twenty-five of the Revised Statutes of the United States, concerning mineral lands. Affidavits. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That section twenty-three hundred and twenty-five of the Revised Statutes of the United States be amended by adding thereto the following words: "Provided, That where the claimant for a patent is not a resident of or within the land district wherein the vein, lode, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or its authorized agent, where said agent is conversant with the facts sought to be established by said affidavits: And provided, That this section shall apply to all applications now pending for patents to mineral lands." Annual expenditures. SEC. 2. That section twenty-three hundred and twentyfour of the Revised Statutes of the United States be amended by adding the following words: "Provided, That the period within which the work required to be done aunually on all unpatented mineral claims shall commence on the first day of January succeeding the date of location of such claim, and this section shall apply to all claims located since the tenth day of May, anno Domini eighteen hundred and seventy-two." Approved January 22, 1880. No. 1. No. 2. No. 3. No. 4. No. 5. No. 6. No. 7. No. 8. No. 9. No. 10. No. 11. No. 12. CHAPTER II. LOCATIONS. a. Must be substantially a parallelogram. b. Middle of vein ascertained by exploration. c. But one vein the basis of a location. Two or more locations, in extension, on same lode, allowed. Construction of section 2320, Revised Statutes, as to width of claim. Locators bound by the record. a. Party not allowed to enter the claim or possession of another person to discover a vein or lode. b. The record of a location should conform to the location on the ground. a. Location of mining ground has the effect of an appropriation b. The abandonment of a location is a question of fact. Act of 1866. Miners' rules or customs. a. May be altered or amended. b. Claim must conform to law at date of location. c. May relocate in conformity with amended law. No. 13. Act of 1866. Patents not issued in excess of 3000 feet along vein or lode. No. 14. No. 15. Construction of 1st and 2d provisions of 4th section. Act of 1866. Consolidation of two or more locations. a. The act of May 10, 1872. Preserved claims previously located, with surface ground to which they were entitled at date of location. b. A claim of 3000 feet, with width of 50 feet on each side of lode, can not be relocated subsequent to May 10, 1872, for more than 1500 feet along the lode, with additional width of surface ground. When land is subject to re-location, see No. 22. Adresse. Location made by "Miners' Relief and Territorial Poor Fund," void ab initio. See No. 4. Protest. No. 1. LOCATION AND SURVEY OF MINERAL CLAIMS. The location must be substantially a parallelogram. The middle of a vein or lode must be ascertained by actual exploration and development, and can not be assumed to be in an unexplored position. The mining law contemplates that the location shall be on one vein, and but one vein can be made the basis of the location. |