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SUMMARY OF

UNITED

STATES LAWS

All mineral lands are open to occupation and purchase by any citizen, or he who has declared his intention to become a citizen of the United States.

A mining claim located since May 10, 1872, shall not exceed fifteen hundred feet in length along the vein or lode and three hundred feet on each side of the middle of the vein at the surface.

The locator of a mining claim has the exclusive right of possession and enjoyment of all of the surface of his claim and of all veins, lodes or ledges throughout their entire depth, the top or apex of which lies inside his surface lines extended vertically downwards. The owner of a mining claim may follow his ledge should its dip carry him beyond his side lines extended vertically down, so long as he does not trespass on the surface of another claim; but in no case can he go beyond his end lines, which must in all cases be parallel.

No lode claim can be recorded until a vein or lode has been discovered thereon.

Where two claims cross each other the prior location is entitled to all the ore or mineral within the space of intersection, but the subsequent location has a right of way through the space of intersection for the working of the mine, and where two or more veins unite the oldest location takes the vein below the point of union, including all the space of intersection.

A PATENT can be obtained on a mining claim after $500 has been expended thereon for development or improvement, upon its being surveyed by a United States mineral surveyor, and by the payment of $5 per acre for the land to the United States Government.

TO HOLD AN UNPATENTED MINING CLAIM, not less than $100 worth of labor shall be performed or improvements made thereon each year, subject to the local laws of the State or rules of the mining district. Where several claims are held. in common and are contiguous, the whole expenditure may be made on any one claim. The period within which this work is required to be done begins on the first day of January of the year succeeding the year of location.

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Mining Laws of the United States

Title XXXII, Chapter 6, Revised Statutes.

Sec. 2318. In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law. 132 Cal. 115.

Sec. 2319. All valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.

As to Aliens-152 U. S. 505. As to Location by Agent109 Cal. 122. As to Locations on Townsite--115 U. S. 406. Private Corp. can Locate-137 U. S. 168. A Minor can Locate, 72 Cal. 531. Also see 171 U. S. 55; 173 U. S. 439; 175 U. S. 571; 133 Cal. 634; 181 U. S. 519; 183 U. S. 563.

Sec. 2320. Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, cop. per, or other valuable deposits, heretofore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their 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 hundred 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.

Meaning of Vein, Lode and Ledge-17 Utah 185: 73 Cal. 114; 116 U. S. 529; 167 U. S. 115; 122 U. S. 484.

Discovery-152 U. S. 227; 134 Cal. 585; 94 F. R. 600; 177
U. S. 505; 93 F. R. 612; 167 U. S. 115; 5 F. R. 172; 17
Utah 185.

Willing to Develop-82 Fed.; 37 Oregon 185.

Length and Width of Location-18 Col. 524; 5 F. R. 172.
What is Mining Claim-104 U. S. 284.

Surface Lines-171 U. S. 75; 122 U. S. 484; 104 F. R. 664;
118 U. S. 196; 171 U. S. 293.

Overlapping Claims-171 U. S. 75; 171 U. S. 83. Gen. 115
U. S. 45; 104 U. S. 279; 94 U. S. 762.

Sec. 2321. Proof of citizenship, under this chapter, may consist, in the case of an individual, of his own affidavit thereof; in the case of an association of persons unincorporated, 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. 11 F. R. 125; 130 U. S. 299; 72 Cal. 531.

Supplemented by an act of April 26th, 1882, which provides as follows:

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"That applicants for mineral patents, if residing beyond the limits of the district wherein the claim is situated, may make any oath or affidavit required for proof of citizenship before the clerk of any court of record, or before any notary public of any state or territory." 22 Stats. at Large, p. 49, chap. 106.

Sec. 2322. The locators of all mining locations heretofore made or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claims exists on the 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.

11 Pac. 77; 11 Pac. 515; 98 U. S. 463; 118 U. S. 196; 116
U. S. 529; 116 U. S. 418; 98 U. S. 453; 29 F. R. 347; 3
Utah 159; 128 U. S. 680; 122 U. S. 478; 114 U. S. 576; 29
F. R. 814; 16 F. R. 348; 171 U. S. 55; 171 U. S. 293; 113
F. R. 900. Right of Possession-104 U. S. 284; 152 U.
S. 229.

Sec. 2323. Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins 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 extend 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.

4 Cal. 507; 127 U. S. 481; 182 U. S. 500; 167 U. S. 116; 143 U. S. 405.

Sec. 2324. The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which 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 mining claims 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 dol. lars' 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

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