place, shall be subject to entry and patent, under like circumstances and conditions, and upon similar proceedings, 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.

See Gould & T. 3, 441.

128 U. S. 679; 196 U. S. 119; 65 Cal. 40; 78 Cal. 595; 134 Cal. 350.

What Can Be Located As Placer. (See, also, citations 2330). Stone, oil, salt, springs, granite quarries, marble. (Act of August, 4, 1892, ch. 375, 27 Stat. L. 348).

Sec. 1. (Entry of building stone lands under placer claims laws). That any person authorized to enter lands under the mining laws of the United States may enter lands that are chiefly valuable for building stone under the provisions of the law in relation to placer mineral claims, Provided, That lands reserved for the benefit of the public schools or donated to any state shall not be subject to entry under this act. (27 Stat. L. 348).

(Act of February 11, 1897, ch. 216, 29 Stat. L. 526).

(Entry of petroleum or other mineral oil lands under placer claims laws.) That any person authorized to enter lands under the mining laws of the United States may enter and obtain patents to lands containing petroleum or other mineral oils, and chiefly valuable therefor, under the provisions of the laws relating to placer mineral claims. Provided, That lands containing such petroleum or other mineral oils which have heretofore been filed upon, claimed, or improved as mineral, but not yet patented, may be held and patented under the provisions of this Act the same as if such filing, claim or improvement were subsequent to the date of the passage hereof. (29 Stat. L. 526).

An Act extending the mining laws to saline lands. (Act of January 31, 1901, ch. 186, 31 Stat. L. 745).

(Entry of Saline Lands Under Placer Claims Laws.) That all unoccupied public lands of the United States containing salt springs, or deposits of salt in any form, and chiefly valuable therefor, are hereby declared to be subject to location and purchase under the provisions of the law relating to placer mining claims. Provided, That the same person shall not locate or enter more than one claim hereunder. (31 Stat. L. 745.)

An Act defining what shall constitute and providing for Assessments on Oil Mining Claims. (Act of February 12, 1903, ch. 548, 32 Stat. L. 825.)

(Assessments required for Oil Mining Claims.) That where

oil lands are located under the provisions of title thirty-two, chapter six, Revised Statutes of the United States, as placer mining claims, the annual assessment labor upon such claims may be done upon any one of a group of claims lying contiguous and owned by the same person or corporation, not exceeding five claims in all: Provided, that said labor will tend to the development or to determine the oil-bearing character of such contiguous claims.

Sec. 2330. Legal subdivisions of forty acres may be subdivided into ten-acre tracts, and two or more persons, or associations of persons, having contiguous claims of any size, although such claims may be less than ten acres each, may make joint entry thereof; but no location of a placer 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 premption or homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser.

104 U. S. 636; 4 Sawyer 28; 104 U. S. 653; 140 Cal. 440; 14 Mont. 88.

Sec. 2331. Where placer claims are upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer mining claims located after the tenth day of May, eighteen hundred and seventy-two, shall conform as near as practicable with the United States system of public lands surveys, and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each individual claimant; but where placer claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral land in any legal subdivision a quantity of agricultural land less than forty acres remains, such fractional portion of agricultural land may be entered by any party qualified by law, for homestead or preemption purposes.

84 Cal. 415: 94 F. R. 383; 78 Cal. 596.

Sec. 2332. (What evidence of possession, etc., to establish a right to a patent). Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining claims of the state or territory where the same may be situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this chapter, in the absence of any adverse claim; but nothing in this chapter shall be deemed to

impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent.

127 U. S. 348; 104 U. S. 279; 28 Colo. 364; 114 Cal. 105; 26 Utah 1; 83 Cal. 296.

Sec. 2333. Where the same person, association, or corporation is in possession of a placer claim, and also a vein or lode included within the boundaries thereof, application shall be made for a patent for the placer claim, with the statement that it includes such vein or lode, and in such case a patent shall issuo for the placer claim, subject to the provisions of this chapter, including such vein or lode upon the payment of five dollars per acre for such vein or lode claim, and twenty-five feet of surface on each side thereof. The remainder of the placer claim, or any placer claim not embracing any vein or lode claim, shall be paid for at the rate of two dollars and fifty cents per acre, together with all costs of proceedings; and where a vein or lode, such as is described in section twenty-three hundred and twenty, is known to exist within the boundaries of a placer claim an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer claim is not known, a patent for the placer claim shall convey all valuable mineral and other deposits within the boundaries thereof. See G. & T. 3. 441; 116 U. S. 687-696; 124 U. S. 348; 109 U. S. 550; 128 U. S. 673; 100 U. S. 37; 132 U. S. 262; 127 U. S. 353; 124 U. S. 383; 143 U. S. 400; 134 Cal. 350; 135 U. S. 292; 75 Pac. 420.

Sec. 2334. (Surveyor-general to appoint surveyors of mining claims, etc.) The surveyor-general of the United States. may appoint in each land district containing mineral lands as many competent surveyors as shall apply for appointment to survey mining claims. The expenses of the survey of vein or lode claims, and the survey and subdivision of placer claims into smaller quantities than one hundred and sixty acres, together with the cost of publication of notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy surveyor to make the survey. The commissioner of the general land office shall also have power to establish the maximum charges for surveys and publication of notices under this chapter; and, in case of excessive charges for publication, he may designate any newspaper published in a land-district where mines are situated for

the publication of mining-notices in such district, and fix the rates to be charged by such paper; and, to the end that the commissioner may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with all fees and money paid the register and receiver of the land office, which statement shall be transmitted, with the other papers in the case, to the commissioner of the general land office. (R. S.)

Sec. 2335. (Verification of Affidavits, etc.) All affidavits required to be made under this chapter may be verified before any officer authorized to administer oaths within the landdistrict where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register and receiver of the land office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs 'may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party cannot be found, then by publication of at least once a week for thirty days in a newspaper to be designated by the register of the land office as published nearest to the location of such land; and the register shall require proof that such notice has been given. (R. S.) 54 F. R. 252; 44 F. R. 800.

Sec. 2336. (Where Veins Intersect, etc.) Where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection; but the subsequent location shall have the right of way through the space of intersection for the purpose of the convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection. (R. S.)

159 U. S. 658; 101 Cal. 358; 75 Cal. 78; 182 U. S. 505; 27 Colo. 16; 101 Cal. 361.

Sec. 2337. Where non-mineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such non-adjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no location hereafter made of such non-adjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this chapter for the superficies of

the lode. The owner of a quartz mill or reduction works, not owning a mine in connection therewith, may also receive a patent for his millsite, as provided in this section.

133 Cal. 637; 28 Colo. 367; 17 Nev. 460; 79 F. R. 890. Sec. 2338. As a 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.

111 Cal. 577; 182 U. S. 500; 73 Cal. 484.

Sec. 2339. Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws and the decisions of courts, the possessors ond owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. 101 U. S. 276; 174 U. S. 704; 188 U. S. 553; 175 U. S. 571; 50 Cal. 621; 26 Colo, 74; 133 Cal. 566; 39 Oregon 148; 98 U. S. 453.

Sec. 2340. All patents granted, or pre-empted or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.

Sec. 2341. Concerns homesteads upon mineral lands.

Sec. 2342. (How Secretary of the Interior shall set apart mineral lands found to be agricultural.)

Sec. 2343. (Concerns establishment of land districts.) Sec. 2346. Exempts mineral lands in grants to corporations. for the construction of railroads.

MINING CLAIMS IN FOREST RESERVES.

The Congressional act of June 4th, 1897, provides as follows: "It is not the purpose or intent of these provisions, or of the act providing for such reservations, to authorize the inclusion therein of lands more valuable for the mineral therein, or for agricultural purposes, than for forest purposes."

And in the same act it is provided:

.