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December 10, 1891. GENTLEYEN: Your attention is invited to the Revised Statutes of the United States and the amendments thereto in regard to



SECTION 2318. In all cases lands valuable for minerals Mineral lands

reserved. shall be reserved from sale, except as otherwise expressly directed by law.

4 July, 1866, O.

166, s. 5, v. 14, p. SEC. 2319. All valuable mineral deposits in lands belong-86. ing to the United States, both surveyed and unsurveyed, open to purchase are hereby declared to be free and open to exploration and by citizens. purchase,

and the lands in which they are found to occupa 10 May, 1872, c. tion and purchase, by citizens of the United States and 252, s. 1, v. 17, p. those who have declared their intention to become such, under regulations prescribed by law, and according to thé, L. S. 18. Gear,

How, 120 local customs or rules of miners in the several mining-dis tricts, so far as the same are applicable and not inconsistent with the laws of the United States.

SEC. 2320. Mining-claims upon veins or lodes of quartz Length of min. or other rock in place bearing gold, silver, cinnabar, lead, veina or lodes. tin, copper, or other valuable deposits, heretofore located, 10 May, 1872, 0. shall be governed as to length along the vein or lode by the 152, s. 2, v. 17, p. customs, regulations, and laws in force at the date of their 91. location. A mining-claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more persons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode; but no location of a mining-claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim shall extend more than three hun. dred feet on each side of the middle of the vein at the surface, nor shall any claim be limited by any mining regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eighteen hundred and seventy-two, render such limitation necessary. The end lines of each claim shall be parallel to each other.


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Proof of oiti. SEC. 2321. Proof of citizenship, under this chapter, may tonship.

consist, in the case of an individual, of his own affidavit 152, s. 7, v. 17, p. 320 May, 1872. 8. thereof; in the case of an association of persons unincor

porated, of the affidavit of their authorized agent, made on his own knowledge, or upon information and belief; and in the case of a corporation organized under the laws of the United States, or of any State or Territory thereof, by the filing of a certified copy of their charter or certificate of

incorporation. Looators' rights SEC. 2322. The locators of all mining locations heretoof possession and 3njoyment.

fore made or which shall hereafter be made, on any min

eral vein, lode, or ledge, situated on the públic domain, 10 May, 1872, c. 162, 6. 3. 4. 17, p. their heirs and assigns, where no adverse claim exists on thé

tenth day of May, eighteen hundred and seventy-two, so long as they comply with the laws of the United States, and with State, Territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface-lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side-lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end-lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a

claim owned or possessed by another. Owners of tun.

SEC. 2323. Where a tunnel is run for the development of zels, rights of.

a vein or lode, or for the discovery of mines, the owners of 10 May, 1872, c. such tunnel shall have the right of possession of all veins 152, 8. 4, v. 17, p. or lodes within three thousand feet from the face of such

tunnel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from the surface; and locations on the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid, but failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line

of such tunnel. Regulations SEC. 2324. The miners of each mining-district may make mado by miners.

regulations not in conflict with the laws of the United 10 May, 1872, States, or with the laws of the State or Territory in which 152, 8. vp.

the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining.claim, subject to the following requirements: The location must be distinctly marked on the ground so that




its boundaries can be readily traced. All records of miningclaims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year. On all claims located prior to the tenth day of May, eighteen hundred and seventy-two, ten dollars' worth of labor shall be performed or improvements made by the tenth day of June, eighteen hundred and seventyfour, and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued there. for; but where such claims are held in common, such expenditure may be made upon any one claim; and upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several co-owners to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his co-owners who have made the required expenditures.

SEC. 2325. A patent for any land claimed and located for Patents for valuable deposits may be obtained in the following manner: how obtained. Any person, association, or corporation authorized to locate 10 May, 1872, 0. a claim under this chapter, having claimed and located a 152, s. 6, v. 17, p piece of land for such purposes, who has, or have, complied with the terms of this chapter, may file in the proper landoffice an application for a patent, under oath, showing such compliance, together with a plat and field-notes of the claim or claims in common, made by or under the direction of the United States Surveyor-General, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an atfidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land-office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land-office, upon the filing of such applica



tion, plat, field-notes, notices, and affidavits, shall publish a notice that such application has been made for the period of sixty days, in a newspaper to be by him designated as published nearest to such claim; and he shall also post such notice in his office for the same period. The claimant at the time of filing this application, or at any time thereafter, within the sixty days of publication, shall file with the register a certificate of the United States surveyor-general that five hundred dollars' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate descrip. tion, to be incorporated in the patent. At the expiration of the sixty days of publication the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the register and the receiver of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of five dollars per acre, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply

with the terms of this chapter. Adverse claim, SEC. 2326. Where an adverse claim is filed during the proceedings on.

period of publication, it shall be upon oath of the person or , . 152, 9. 7, . 17, p: persons making the same, and shall show the nature, bound

aries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment-roll with the register of the land-office, together with the certificate of the surveyor. general that the requisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment-roll shall be certified by the register to the Commissioner of the General Land Office, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. If it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim





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with the proper fees, and file the certificate and descrip.
tion by the surveyor-general, whereupon the register shall
certify the proceedings and judgment-roll to the Com-
missioner of the General Land Office, as in the preceding
case, and patents shall issue to the several parties accord.
ing to their respective rights. Nothing herein contained
shall be construed to prevent the alienation of a title con-
veyed by a patent for a mining-claim to any person what-

SEC. 2327. The description of vein or lode claims, upon Description of
surveyed lands, shall designate the location of the claim surveyed and uu.
with reference to the lines of the public surveys, but need surveyed lands.
not conform therewith; but where a patent shall be issued 10 May, 1872, 0.
for claims upon unsurveyed lands, the surveyor-general, 932, s. 8; V. 17, p.
in extending the surveys, shall adjust the same to the
boundaries of such patented claim, according to the plat or
description thereof, but so as in no case to interfere with
or change the location of any such patented claim.
SEC. 2328. Applications for patents for mining-claims Pending appli.

cations; existing
under former laws now pending may be prosecuted to a final rights.
decision in the General Land Office; but in such cases

10 May, 1872, o.
where adverse rights are not affected thereby, patents may 152, s. 9, v. 17, p.
issue in pursuance of the provisions of this chapter; and
all patents for upon veins or lodes hereto-
fore issued shall convey all the rights and privileges con-
ferred by this chapter where po adverse rights existed on
the tenth day of May, eighteen hundred and seventy-two.

SEC. 2329. Claims usually called "placers," including all Conformity of
forms of deposit, excepting veins of quartz, or other rock placer-claim to

in place, shall be subject to entry and patent, under like

, 0
circumstances and conditions, and upon similar proceed- 235, 8. 12, v. 16, p.
ings, as are provided for vein or lode claims; but where
the lands have been previously surveyed by the United
States, the entry in its exterior limits shall conform to the
legal subdivisions of the public lands.

SEO. 2330. Legal subdivisions of forty acres may be sub- + Subdivisions of
divided into ten-acre tracts; and two or more persons, or maximum of pla-
associations of persons, having contiguous claims of any
size, although such claims may be less

than ten acres each, 233, 6.12, 1870

; p.
may make joint entry thereof; but no location of a placer-217.
claim, made after the ninth day of July, eighteen hundred
and seventy, shall exceed one hundred and sixty acres for
any one person or association of persons, which location
shall conform to the United States surveys; and nothing
in this section contained shall defeat or impair any bona
fide pre-emption or homestead claim upon agricultural
lands, or authorize the sale of the improvements of any
bona fide settler to any purchaser.

SEC. 2331. Where placer-claims are upon surveyed lands, , Conformity of
and conform to legal subdivisions, no further survey or surveys ; limita-
plat shall be required, and all placer-mining claims located tion of claims.
after the tenth day of May, eighteen hundred and seventy: 10 May, 1872, c.

wo, shall conform as near as practicable with the United 152, s. 10, v. 17, p.
States system of public-land surveys, and the rectangular
subdivisions of such surveys, and no such location shall in-
clude more than twenty acres for each individual claimant;


cer locations.

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