rights were expressly saved by the repealing act, or by a general provision in the Revised Statutes, it may be necessary to refer to some of them from, time to time, in which event they will be properly cited or set out. But as the Revised Statutes contain, under the above titles and chapters, nearly the entire body of national legislation upon the subject of mining, I deemed it expedient to insert these portions with amendments, in the order in which they are arranged in the 1878 edition of the revision, so that it may be conveniently referred to.2 The statutes referred to are too voluminous to be inserted in a note, so they will follow as the remainder of this section. 1 Post, § 13, p. 29; Rev. Stat. U. S. § 5597 et seq. 2 In the following pages I have preserved the original synopsis of sections, and interpolated amendments in the same form as they were added in the statutes, in cases where they were enacted in time to obtain insertion. The object of doing this in this manner, was to present the body of the law in a condensed form, thereby materially enhancing its value for purposes of reference, and at the same time save space which might have been needlessly taken up by frequently copying portions of the statute in order to show the application of the judicial construction. REVISED STATUTES OF THE UNITED STATES. TITLE XIII, CHAPTER 17. § 910. No possessory action between persons, in any court of the United States, for the recovery of any mining title, or for damages to any such title, shall be affected by the fact that the paramount title to the land in which such mines lie, is in the United States; but each case shall be adjudged by the law of possession. of Congress Feb. 27, 1865, § 9). TITLE XXXII, CHAPTER 6. MINERAL LANDS AND MINING RESOURCES. SECTION 2318-Mineral lands reserved. 2319-Mineral lands open to purchase by citizens. (Act SECTION 2322-Locator's right of possession and enjoyment. 2323-Owners of tunnels, rights of. 2324-Regulations made by miners, tunnels, cost of, how 2325-Patents for mineral lands, how obtained. 2327-Description of vein-claims on surveyed and unsur- 2328-Pending applications; existing rights. 2329-Conformity of placer-claims to surveys, limits of. 2330-Sub-division of ten-acre tracts, maximum of placer locations. 2331-Conformity of placer-claims to surveys, limitation of claims. 2332-What evidence of possession, etc., to establish a 2333-Proceedings for patent for placer-claim, etc. 2335-Verification of affidavits, etc. 2336-When veins intersect, etc. 2337-Patents for non-mineral lands, etc.. 2338-What conditions of sale may be made by local legis latures. 2339-Vested rights to use of water for mining, etc., right of way for canals. 2340-Patents, pre-emptions and homesteads, subject to vested and accrued water rights. 2341-Mineral lands in which no valuable mines are discovered, open to homesteads. 2342-Mineral lands, how set apart as agricultural lands. 2343-Additional land districts, and officers, power of the President to provide. 2344-Provisions of this chapter not to affect certain rights. 2345-Mineral lands in certain states excepted. 2346-Grants of lands to states or corporations not to 2347-Entry of coal lands. 2349-Pre-emption claims of coal land to be presented 2350-Only one entry allowed. 2351-Conflicting claims. 2352-Rights reserved. § 2318. In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law. (Act of Congress July 4, 1866, Ch. 166, § 5.) $2319. All valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyel, are hereby declared to be free and open to exploratio 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. (Act of Congress May 10, 1872, Ch. 152, § 1.) § 2320. Mining claims upon veins or lodes of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, copper, 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. (Act of Congress May 10, 1872, Ch. 152, § 2.) § 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. (Act of Congress May 10, 1872, Ch. 152, § 7.) § 2322. The locators of all mining locations heretofore made, or which shall hereafter be made, or any mineral vein, lode or ledge, situated on the public domain, their heirs and assigns, where no adverse claim 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. (Act of Congress May 10, 1872, Ch. 152, § 3.) § 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 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. (Act of Congress May 10, 1872, Ch. 152, § 4.) § 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 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 seventy-four,1 and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued therefor; 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 coowners who have made the required expenditures. (Act of Congress May 10, 1872, Ch. 152, § 5.) [That Section 2324 of the Revised Statutes be and the same is hereby |