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17 S. 94.

hundred and seventy-two, render such limitation necessary. The end lines of each claim shall be parallel to

each other. Proof of citi.

Sec. 2321. Proof of citizenship, under this chapter, zenship. May 10, 1872, may consist, in the case of an individual, of his own affi

davit 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. Locators' rights of possession and

Sec. 2322. The locators of all mining locations heretoenjoyment. fore made or which shall hereafter be made, on any min27.1., 1872, eral 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.

Sec. 2323. Where a tunnel is run for the development nels, rights ot. May 10, 1872, of a vein or lode, or for the discovery of mines, the own

ers 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 prosecut 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.

Owners of tun

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Sec. 2324. The miners of each mining district may male by mineras make regulations not in conflict with the laws of the May 10, 1872,

17 S. 92. 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, 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 ro-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 stich 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 co-owners who have made the required prpenditures.

Sec. 2325. A patent for any land claimed and located Patents for minfor valuable deposits may be obtained in the following obtained.

eral lands, how manner: Any person, association, or corporation author- May 10, 1872,

17 02. ized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has,

I Amended by the Act of Feb. 11, 1875, added to by the Act of Jan, 22, 1880, and amended by the Act of Aug. 24, 1921.

1

or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field notes of the claim or claims in common, made by or under the direction of the United States surveyor-general, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land office, upon the filing of such application, plat, field notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by him designated as published nearest to such claim; and he shall also post such notice in his office for the same period. The claimant at the time of filing this application, or at any time thereafter, within the sixty days of publication, shall file with the register a certificate of the United States surveyor-general that five hundred dollars' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description to be incorporated in the patent. At the expiration of the sixty days of publication the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the register and the receiver of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of five dollars per acre, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the

terms of this chapter.? Adverse claim, SEC. 2326. Where an adverse claim is filed during the proceedings on. May 10, 1872, period of publication, it shall be upon oath of the person

or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent juristliction, or the adverse claim waived. It shall be the duty of the adverse claimant,

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• Added to by the act of lan. 22, 1880.

within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment-roll with the register of the land office, together with the certificate of the surveyor-general that the requisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment-roll shall be certified by the register to the Commissioner of the General Land Office, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. If it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim with the proper fees, and file the certificate and description by the surveyor-general, whereupon the register shall certify the proceedings and judgment-roll to the Commissioner of the General Land Office, as in the preceding case, and patents shall issue to the several parties according to their respective rights. Nothing herein contained shall be construed to prevent the alienation of a title conveyed by a patent for a mining claim to any person whatever.3

SEC. 23:27. The description of vein or lode claims upon Description of surveyed lands shall designate the location of the claims lodge claims. with reference to the lines of the public survey, but need

17 S. 94. Apr. not conform therewith; but where patents have been or 28, 1904, 33 s. shall be issued for claims upon unsurveyed lands, the survevors-general, in extending the public survey, shall adjust the same to the boundaries of said patented claims so as in no case to interfere with or change the true location of such claims as they are officially established upon the ground. Where patents have issued for mineral, Patents to con: lands, those lands only shall be segregated and shall be monuments. deemed to be patented which are bounded by the lines actually marked, defined, and established upon the ground by the monuments of the official survey upon which the patent grant is based, and surveyors-general in executing subsequent patent surveys, whether upon surveyed or unsurveyed lands, shall be governed accordingly. The said monuments shall at all times constitute

descrip the highest authority as to what land is patented, and in iones. case of any conflict between the said monuments of such patented claims and the descriptions of said claims in

3 Amended by the acts of Mar. 3, 1881, and Apr. 26, 1882.

or

May 10, 1872,

545.

official

Monuments to

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the patents issued therefor the monuments on the ground shall govern, and erroneous or inconsistent descriptions

or calls in the patent descriptions shall give way thereto. Pending appli. Sec. 2328. Applications for patents for mining claims cations ; existing under former laws now pending may be prosecuted to a May 10, 1872, final decision in the General Land-Office; but in such

cases where adverse rights are not affected thereby, patents may issue in pursuance of the provisions of this chapter; and all patents for mining claims upon veins or lodes heretofore issued shall convey all the rights and privileges conferred by this chapter where no adverse rights existed on the tenth day of May, eighteen hundred

and seventy-two. Conformity of SEC. 2329. Claims usually called “placers," including curveys, limit o. all forms of deposit, excepting veins of quartz, or other July 9, 1870, rock in 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 con

form to the legal subdivisions of the public lands. Subdivisions of

Sec. 2330. Legal subdivisions of forty acres may be ten - acre tracts; maximum of subdivided into ten-acre tracts; and two or more persons, July toot10370, 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 shaủl conform to the United States surveys; and nothing in this section contained shall defeat or impair any bona fide preemption or homestead claim upon agricultural lands, or authorize the sale of the improvements

of any bona fide settler to any purchaser. Conformity of Sec. 2331. Where placer claims are upon surveyed

limita. lands, and conform to legal subdivisions, no further surMay 10, 11872, yey 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-land 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 can not be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral lands 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.

SEC. 2332. Where such persons or association, they and tl possemblish &Ctheir grantors, have held and worked their claims for a Sulto a, patent: period equal to the time prescribed by the statute of lim

placer claims to surveys,

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itations for mining claims of the State or Territory

What evidence

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