CHAPTER IV.

OF MINES AND MINERAL LANDS OBTAINABLE ELSEWHERE.

§ 168. Mineral lands in Mexico.

169. Canadian statutory provisions and regulations.

§ 168. Mineral lands in Mexico. Within the republic of Mexico, at the present time, there are statutory provisions authorizing mining concessions of a very liberal character. A royalty is reserved to the country, and there are elaborate police regulations relative to inspection, etc. In a general way we may state that:

By the Ley Minera of Mexico, in force since July 1, 1892, many essential features of the common law are declared in force, and, except as noted below, the old law is substantially preserved. Added to these are provisions authorizing concessions for the purpose of working mines, similar to the Canadian laws. Except as authorized by concessions, gold, platinum, silver, quicksilver, iron (except marsh ores, loose surface ores and ochres worked for coloring matter), lead, copper, tin (except float tin), zinc, antimony, nickel, cobalt, manganese, bismuth, arsenic, precious stones, rock salt and sulphur, may not be mined; and this reservation extends to minerals even in private lands. But explorations may not be carried on in private lands without consent of the owner; and if consent is not voluntarily given, a condemnation proceeding, similar to ordinary arbitration, is authorized under the direction of the court of first instance, and a judgment of the court is entered in accordance with this report. Concessions are liberally granted on payment of the required. tax, and compliance with regulations as under the old law.'

Mineral Law of the United 1892, in force in 1899, titles I, II, States of Mexico, approved June 4, III, IV and V.

§ 169. Canadian statutory provisions and regulations. Within the provinces of Canada are more or less elaborate statutory provisions and regulations of the governor in council relative to the mode of acquiring a mining conces sion, lease or license. In many of the provinces mining is a sort of public use, and the crown lands and dominion lands are open to exploration and to concessions. In some of the provinces, notably New Brunswick, private lands may be entered upon payment of damages to be ascertained by the mode provided by statute and by regulation of the gov ernor in council. In the provinces of Manitoba, British Columbia and the district of the Yukon, to be eligible to obtain a concession the person or corporation must have a license, which is called a free miner's certificate. These certificates are good for one year, and are issued on payment of a fee, usually about twenty dollars. These statutes make complete provision for the size of a claim that may be acquired, and are summarized in the foot-note.1

1 Quebec: By statute mining concessions are divided into three classes in unsurveyed territories, namely:

First. The first class contains 400 acres 52 chains in width by 80 chains and 80 links in depth. Act of 1892, 55 & 56 Vict., ch. 20; R. S. Quebec, SS 1421 to 1582.

Second. The second class contains 200 acres - 26 chains in width by 80 chains and 80 links in depth. Third. The third class contains 100 acres - 13 chains in width by 80 chains and 80 links in depth. In surveyed lots the quantity is the same, but they are divided as near as may be into one, two and four lots each. 55 & 56 Vict., ch. 20; Act of June 24, 1892, ¶ 5, § 1436. See also 43 & 44 Vict., ch. 12, § 25, and R. S. Quebec, § 1453.

Ontario: In this province by statute it is provided that in unsurveyed territory the size of a mining location shall be laid out in rectangular form, with lines running due north and south and east and west, and shall contain one of the following dimensions:

First. Eighty chains in length by forty chains in width, containing 320 acres; or

Second. Forty chains square, containing 160 acres.

Third. Forty chains in length by twenty chains in width, containing 80 acres; or

Fourth. Twenty chains square, containing 40 acres. Mines Act, R. S. O., ch. 36 (1897), as amended by 61 Vict., ch. 11, and 62 Vict. (2), ch. 10.

In surveyed lands the limits of

PART IV.

OF RESERVATIONS AND GRANTS-LAND OPEN TO LOCATION MUST BE UNOCCUPIED AND UNAPPROPRIATED PUBLIC MINERAL LAND.

CHAPTER I.

OF UNEXTINGUISHED INDIAN RESERVATIONS.

§ 171. Review and introductory - Land must be unappropriated and unoccupied under claim of title or fight.

172. Of the different character of grants - Subdivisions.

173. Indian reservations-Status of the Indian.

174. Indian reservation - How created, how abolished.

175. Indian rights recognized.

176. Location upon Indian reservation void.

177. Location on an Indian reservation is tortious, and by it, as a gen.

eral rule, no rights can be acquired against a valid location made after the extinguishment.

178. Effect of extinguishment of title.

179. Location on Indian reservation gives imperfect right or no right, according to situation; but possession at opening may be continued and location made - Evidence as to work admissible.

Land must be unap

171. Review and introductory propriated and unoccupied under claim of title or right.— From what has preceded it must be clear that the lands open to location and appropriation as mining claims are confined to those which belong to the United States and which are unappropriated to any other use. Whence it follows that land within an unextinguished Indian reservation, a railroad grant or reservation other than those reserving mineral lands, a military reservation, a Mexican grant, or, in short, any lawfully made grant or reservation which has the effect, either by direct provision in the instrument creating it, or

by law, to restrict the land to the particular use and withdraw it from the status of public mineral lands, is not open to exploration, location or appropriation for mining purposes. But mineral lands upon railroad reservations withholding mineral lands, upon townsite reservations, nearly all forest park reserves, or reservations in state grants whereby the mineral is excepted from the grant, do not come within the rule above mentioned, and hence are open to location and exploration.1

§ 172. Of the different character of grants - Subdivisions. Not all of the land belonging to the government, even in the public-land states, is open to location as mineral land, even though it be mineral in character. Indeed it is well known that many Indian reservations, heretofore and now existing, have contained and do now contain within their boundaries much valuable mineral land. It is also true that many Mexican grants which are still sub judice contain large areas of mineral land. It will be noticed as we proceed that reservations, in their practical operation, are of three general classes:

First. Those which restrict the area or general quantity of mineral lands otherwise open to location by applying them, for the time being at least, to some other use, as in the case of Indian and military reservations.

Second. Those which enlarge the area or general quantity of mineral lands otherwise reserved from location and appropriation and authorize the taking of land in lieu thereof, which, if not mineral land, would go to other proprietors as railroad grants and grants to the states for educational and purposes, out of which the minerals are expressly ex

cepted.

Third. Another class which reserves the lands within the reservation from all other uses and purposes except a lim

1 Barden v. Northern Pac. Ry. Co., 145 U. S. 535, 36 L. ed. 806, and cases there cited.