TITLE XII. FEDERAL STATUTES RELATING TO MINES, TO GETHER WITH LAND DEPARTMENT REGULATIONS. [The section references in the foot notes are to the text of the treatise unless otherwise specified.] I. LODE AND WATER LAW OF JULY 26, 1866. II. PLACER LAW OF JULY 9, 1870. III. GENERAL MINING ACT OF MAY 10, 1872. IV. TITLE XXXII, CHAP. 6, of UNITED STATES REVISED STATUTES EM- V. LAND DEPARTMENT REGULATIONS UPON SUBJECT OF MINERAL LANDS VI. VII. COAL LAND LAW WITH REGULATIONS THEREUNDER. INSTRUCTIONS RELATING TO SELECTION OF LANDS BY RAILROADS VIII. PETROLEUM LAW OF FEB. 11, 1897, AND CIRCULAR INSTRUCTIONS RE- IX. ALIEN ACT OF MARCH 2, 1897. X. RECENT LEGISLATION AND REGULATIONS ON THE SUBJECT OF MINING CLAIMS WITHIN FOREST RESERVATIONS. I. LODE AND WATER LAW OF JULY 26, 1866. For a Listory of the passage of this Act, its essential features, its construction by the Land Department and the courts: see §§ 53-60. For an analysis of the changes made by the Act of May 10, 1872: see §§ 68-73. Its place in the present system as a muniment of existing titles: § 564. The extralateral right under the act: §§ 567, 572, 576. First six sections repealed by act of May 10, 1872, § 9, but repeal not to affect existing rights: §§ 9, 16. See also, Rev. Stats., § 2344. An Act Granting the Right of Way to Ditch and Canal Owners Over the Public Lands and for Other Purposes. 14 Stats. at Large, chap. 262, page 251. Who May Locate; What Laws Govern. Be it enacted: § 1. That the mineral lands of the public domain, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and occupation by all citizens of the United States, and those who have declared their intention to become citizens, subject to such regulations as may be prescribed by law, and subject also to the local customs or rules of miners in the several mining districts, so far as the same may not be in conflict with the laws of the United States. Repealed by Act of May 10, 1872, § 9. Entry and Patent; Extralateral Right. § 2. And be it further enacted, that whenever any person, or association of persons claim a vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, or copper, having previously occupied and improved the same according to the local customs or rules of miners in the district where the same is situated, and having expended in actual labor and improvements thereon an amount of not less than one thousand dollars, and in regard to whose possession there is no controversy or opposing claim, it shall and may be lawful for said claimant, or association of claimants, to file in the local land office a diagram of the same, so extended laterally or otherwise as to conform to the local laws, customs, and rules of miners, and to enter such tract and receive a patent therefor, granting such mine, together with the right to follow such vein or lode, with its dips, angles, and variations, to any depth, although it may enter the land adjoining, which land adjoining shall be sold subject to this condition. Repealed by Act of May 10, 1872, § 9. Patent Proceedings. § 3. And be it further enacted, that upon the filing of the diagram as provided in the second section of this act, and post ing the same in a conspicuous place on the claim, together with a notice of intention to apply for a patent, the register of the land office shall publish a notice of the same in a newspaper published nearest to the location of said claim, and shall also post such notice in his office for the period of ninety days; and after the expiration of said period, if no adverse claim shall have been filed, it shall be the duty of the surveyor-general, upon application of the party, to survey the premises and make a plat thereof, indorsed with his approval, designating the number and description of the location, the value of the labor and improvements, and the character of the vein exposed; and upon the payment to the proper officer of five dollars per acre, together with the cost of such survey, plat, and notice, and giving satisfactory evidence that said diagram and notice have been posted on the claim during said period of ninety days, the register of the land office shall transmit to the general land office said plat, survey, and description; and a patent shall issue for the same thereupon. But said plat, survey, or description shall in no case cover more than one vein or lode, and no patent shall issue for more than one vein or lode, which shall be expressed in the patent issued. Repealed by Act of May 10, 1872, § 9. Surveys; Length of Claim; Number of Claims to Each Locator; Extralateral Right; Surface to Lode. Accompany § 4. And be it further enacted, that when such location and entry of a mine shall be upon unsurveyed lands, it shall and may be lawful, after the extension thereto of the public surveys to adjust the surveys to the limits of the premises according to the location and possession and plat aforesaid; and the surveyorgeneral may, in extending the surveys, vary the same from a rectangular form to suit the circumstances of the country and the local rules, laws, and customs of miners; provided, that no location hereafter made shall exceed two hundred feet in length. along the vein for each locator, with an additional claim for discovery to the discoverer of the lode, with the right to follow such vein to any depth, with all its dips, variations and angles, together with a reasonable quantity of surface for the convenient working of the same, as fixed by local rules; and provided further, that no person may make more than one location on the same lode, and not more than three thousand feet shall be taken in any one claim by any association of persons. Repealed by Act of May 10, 1872, § 9. States May Supply Legislation Regulating the Working of Mines. § 5. And be it further enacted, that as a further condition of sale, in the absence of necessary legislation by Congress, the local legislature of any state or territory may provide rules for working mines involving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed in the patent. Repealed by Act of May 10, 1872, § 9. Adverse Claim; Stay of Proceedings. § 6. And be it further enacted, that whenever any adverse claimants to any mine, located and claimed as aforesaid, shall appear before the approval of the survey, as provided in the third section of this act, all proceedings shall be stayed until final settlement and adjudication, in the courts of competent jurisdiction, of the rights of possession to such claim, when a patent may issue as in other cases. Repealed by Act of May 10, 1872, § 9. President Empowered to Establish Land Districts. § 7. And be it further enacted, that the President of the United States be, and is hereby, authorized to establish additional land districts, and to appoint the necessary officers under existing laws, wherever he may deem the same necessary for the public convenience in executing the provisions of this act. Preserved in Rev. Stats.: § 2343, q. v. |