Sec. CHAPTER THIRTEEN. 386. Mineral lands reserved. MINERAL LANDS. 387. Mineral lands open to purchase by citizens. 388. Length of mining claims upon veins or lodes. 389. Proof of citizenship. 390. Locators' rights of possession and enjoyment. Sec. 402. Surveyor-General to appoint survey- 407. 408. 391. Owners of tunnels, rights of. 393. Patents for mineral lands, how ob- 393. Subdivisions of ten-acre tracts; max- 399. Conformity of placer claims to surveys, limitation of claims. 400. What evidence of possession, &c., to establish a right to a patent. 401. Proceedings for patent for placer claims, &c. reserved. 410. 411. Vested rights to use of water for mining, &c.; right of way for canals. Pre-emption and homestead patents subject to vested and accrued water rights. Mineral lands in which no valuable mines are discovered open to homesteads. Mineral lands, how set apart as agricultural lands. Additional land districts and officers, power of the President to provide. 412. Provisions of this chapter not to affect certain rights. 413. Mineral lands in certain States excepted. 414. 415. Deposits of coal, iron, and lead in Missouri and Kansas excepted. Grants of lands to States or corporations not to include mineral lands. 416. Entry of coal lands. 417. Pre-emption of coal lands. 421. Rights reserved. Mineral lands SEC. 386. In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law. 14 Stat. 86; 18 id. 476; R. S. 2318. U. S. v. Gear, 3 How. 120; Cooper v. Roberts, 18 id. 73; U. S. v. Gratiot, 14 Pet. 526; Sparrow v. Strong, 3 Wall. 97; Secretary v. McGarrahan, 9 id. 298; Morton v. Nebraska, 21 id. 660; Heydenfeldt v. Mining Co., 3 Otto, 634. U. S. v. Parrott, 1 McAllister, C. C. 272; U. S. v. Gratiot, 1 McLean, C. C. 454; Indiana v. Miller, 3 id. 151. 3 Op. Att. Gen. 277; 5 id. 247; 7 id. 636; 10 id. 184. Heydenfeldt v. Mining Co., 10 Nev. 290; Gold Hill Co. v. Ish, 5 Oreg. 104; Hicks v. Bell, 3 Cal. 219; Stoakes v. Barrett, 5 id. 33; People v. Folsom, 5 id. 373; Conger. Weaver, 6 id. 548; Nims v. Johnson, 7 id. 111; Boggs v. Merced Mining Co., 14 id. 279; Burdge v. Smith, 14 id. 380; Moore v. Smaw, 17 id. 199; Lentz r. Victor, 17 id. 272; Fremont v. Seals, 18 id. 433; Rogers v. Sogg, 22 id. 444; Rupley v. Welch, 23 id. 452; Doran v. Railway Co., 24 id. 245; Wixon v. Bear River Co., 24 id. 367; Ah Yew v. Choate, 24 id. 562; Higgins v. Houghton, 25 id. 252: Morton v. Solambo Mining Co., 26 id. 527; Alford v. Barnum, 45 id. 482; McLaughlin v. Powell, 50 id. 64; Titcomb v. Kirk, 51 id. 288. Decisions Sec. Int., 6 Copp's L. O. 4; 7 id. 23. Decisions Com. G. L. O., Copp's Mg. Dec. 308; 2 Copp's L. 0.82; 7 id. 4. Cir. G. L. O., April 22, 1880. SEC. 387. All valuable mineral deposits in lands belong. ing 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 and 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. 17 Stat. 91; 19 id. 52; R. S. 2319. Cooper v. Roberts, 18 How. 173; SEC. 388. Mining claims upon veins or lodes of quartz or Length of minother rock in place bearing gold, silver, cinnabar, lead, tin, ing claims upon copper, or other valuable deposits, heretofore located, shall veins or lodes. 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. 17 Stat. 91; 19 id. 52; R. S. 2320. Flagstaff Silver Mg. Co. v. Tar- Proof of citizenship. Locators' rights Mg. Co. v. Callison, 5 id. 439. Mallett v. Uncle Sam Co., 1 Nev. 188; State v. Rhodes, 4 id. 312; Foot v. National Mg. Co., 2 Montana, 402; Moxon v. Wilkinson, 2 id. 421; Prosser v. Parks, 18 Cal. 47; Logan v. Driscoll, 19 id. 623; Tunnel Co. v. Stranahan, 31 id. 387; Correa v. Frietas, 42 id. 339; Harvey v. Bryan, 42 id. 626; Titcomb r. Kirk, 51 id. 288. Decision Sec. Int., Aug. 26, 1874 (1 Copp's L. O. 83). Decisions Com. G. L. O., Nov. 6, 1869 (Copp's Mg. Dec. 23); Sept. 22, 1870 (id. 32); Aug. 4, 1871 (id. 57); Aug. 25, 1871 (id. 59); March 19, 1873 (id. 164); May 1, 1873 (id. 195); May 20, 1873 (id. 201); June 17, 1873 (id. 207); July 10, 1873 (id. 209); Nov. 18, 1873 (id. 235); Feb. 11, 1875 (1 Copp's L. O. 179); Dec. 29, 1875 (2 id. 146); Aug. 23, 1876 (3 id. 82); May 4, 1880 (7 id. 35). SEC. 389. 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. 17 Stat. 94; 19 id. 52; R. S. 2321. Craig v. Bradford, 3 Wheat. 594; Governeur's heirs v. Robertson, 11 id. 332; Cross v. De Valle, 1 Wall. 1; Osterman v. Baldwin, 6 id. 116; Phillips v. Moore, 10 Otto, 208. 5 Op. Att. Gen. 551; id. Aug. 6, 1875, in manuscript. Jackson v. Beech, Johnson's Cases, 401. Decisions Sec. Int., Jan. 2, 1875 (1 Copp's L. O. 178); April 1, 1875 (2 id. 2); July 29, 1876 (3 id. 68); July 26, 1879 (G. L. O. Rep. 1879, p. 157). Decisions Com. G. L. O., June 7, 1871 (Copp's Mg. Dec. 43); Aug. 13, 1872 (id. 134); Sept. 17, 1874 (1 Copp's L. O. 98); Oct. 28, 1875 (2 id. 114); April 14, 1876 (G. L. O. Rep. 1877, p. 83); July 18, 1876 (3 Copp's L. O. 69). SEC. 390. The locators of all mining locations heretofore of possession and made or which shall hereafter be made, on any mineral vein, enjoyment. 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. No possessory action between individuals, in any court of the United States, for the recovery of any mining title, or for S Tei do damages to any such title, shall be affected by the fact that 13 Stat. 441; 17 id. 91; 19 id. 52; R. S. 910, 2322. Sparrow v. Strong, Owners of tun SEC. 391. Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of nels, right 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. 17 Stat. 92; 19 id. 52; R. S. 2323. Tunnel Co. v. Pell, 4 Colo. 507; Subjects upon which miners may make regu lations. records shall contain. itures. (id. 215); Nov. 3, 1876 (3 Copp's L. O. 130); Aug. 30, 1877 (4 id. 102); Jab. 6, 1878 (5 id. 134). SEC. 392. 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 Conditions same location must be distinctly marked on the ground so that are subject to. its boundaries can be readily traced. All records of mining What miners' 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 Annual expend- been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year: Provided, That the period within which the work required to be done annually on all unpatented claims, so located, shall commence on the first day of January succeeding the date of location of such claim. 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 first day of January, eighteen hundred and seventy-five, 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 where a person or company has or may run a tunnel for the purposes of developing a lode or lodes, owned by said person or company, the money so expended in said tunnel shall be taken and considered as expended on said lode or lodes, whether located prior to or since the tenth day of May, eighteen hundred and seventy-two, and such person or company shall not be required to perform work on the surface of said lode or lodes in order to hold the same as required by said act. Upon a failure to comply with the foregoing conditions of annual expenditure, 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, Forfeiture and That the original locaters, their heirs, assigns, or legal repright of reloca- resentatives 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 perMode of forfeit- formed the labor or made the improvements may, at the ure for failure of expiration of the year, give such delinquent co-owner pertribute to annual sonal notice in writing or notice by publication in the expenditures. tion. Co-owners to con 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 |