MINERAL LANDS. Revised Statutes, Sec. 910-Action for recovery of mining titles.. Act of June 6, 1874 (18 Stat., 61)-First annual payment ex- Page. 178 178 187 187 Act of May 5, 1876 (19 Stat., 52)-Missouri and Kansas excluded.. Act of June 3, 1878 (20 Stat., 88)—Timber for mining and domestic purposes.. 187 188 Act of January 22, 1880 (21 Stat., 61)-Application for patent by agent-Annual work to commence.. 188 Act of March 3, 1881 (21 Stat., 505)-No patent for land in controversy unless title is established.. 189 Act of April 26, 1882 (22 Stat., 49)-Adverse claim verified by agent-Affidavit of citizenship.. 189 Act of March 3, 1883 (22 Stat., 487)-Alabama excepted.. 190 190 Act of August 4, 1892 (27 Stat., 348)-Lands chiefly valuable for building stone subject to placer laws... 191 Act of June 10, 1896 (29 Stat., 353, 357, 360)-Ceded Fort Belknap and Blackfoot lands, Montana, and San Carlos, Arizona, subject to mineral land laws... 191 Act of February 11, 1897 (29 Stat., 526)-Petroleum lands subject to placer laws.. 192 Act of June 4, 1897 (30 Stat., 34, 35, 36)-Mineral lands within forest reservations... 192 Act of January 31, 1901 (31 Stat., 745)-Saline lands subject to placer laws... 193 Act of May 27, 1902 (32 Stat., 263)-Mineral lands within the 193 Act of February 12, 1903 (32 Stat., 825)-Assessment work on five contiguous oil claims.. 194 Act of March 3, 1903 (32 Stat., 998)-Mining claims on Uncompahgre Indian Reservation, Utah.. 194 Act of April 23, 1904 (33 Stat., 302)-Mineral lands in the Flathead Indian Reservation, Mont.. 195 Act of April 27, 1904 (33 Stat., 352)-Crow Indian Reservation 196 Act of December 21, 1904 (33 Stat., 595)-Yakima Indian Reservation, Wash... 196 Act of March 3, 1905 (33 Stat., 1016)-Shoshone or Wind River 197 Act of March 22, 1906 (34 Stat., 80)-Colville Indian Reservation, Wash... 197 Act of June 21, 1906 (34 Stat., 336)-Coeur d'Alene Indian Reservation, Idaho.. 198 Act of May 27, 1908 (35 Stat., 365)-Mining claims prohibited in 198 61002°-S. Doc. 547, 64-1-12 177 Act of February 25, 1909 (35 Stat., 650)-Five years allowed to Act of May 29, 1908 (35 Stat., 467)-Mining laws extended to Page. Act of February 24, 1909 (35 Stat., 645)-Repayment of deposits 198 199 199 Act of March 2, 1911 (36 Stat., 1015)-To protect locators of oil 199 Act of August 25, 1914 (38 Stat., 708)-Amends act of March 2, 200 Act of January 11, 1915 (38 Stat., 792)-Prior placer locations for 201 Possessory ac tion for recovery Feb. 27, 1865, 13 S., 441. UNITED STATES REVISED STATUTES. SEC. 910. No possessory action between persons, in of mining titles. 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. Mineral lands reserved. SEC. 2318. In all cases lands valuable for minerals July 4, 1866, 14 shall be reserved from sale, except as otherwise expressly directed by law. S., 86. Mineral lands open to purchase by citizens. May 10, 1872, 17 S., 91. Length of mining claims upon veins or lodes. S., 91. 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. SEC. 2320. Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, May 10, 1872, 17 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. 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. ment. SEC. 2322. The locators of all mining locations hereto-Locators' rights of possesfore made or which shall hereafter be made, on any min- sion and enjoyeral vein, lode, or ledge, situated on the public domain, May 10, 1872, their heirs and assigns, where no adverse claim exists on 17 8., 91. 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. Owners of tunnels, rights of. May 10, 1872, 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 17 S., 92. 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. 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, by miners. May 10, 1872, Regulations 17 S., 92. Patents for mineral lands, how obtained. May 10, 1872, 17, S., 92. manner of recording, amount of work necessary to hold upon SEC. 2325. A patent for any land claimed and located for valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has, 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 con spicuous 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. SEC. 2326. Where an adverse claim is filed during the 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 jurisdiction, or the adverse claim waived. It shall be the duty of the adverse claimant, 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 |