ing to the local customs or regulations of the miners of the district.3 In the absence of state or territorial legislation, regulating the occupancy and possession of mining claims, the district rules and regulations may be amended by the miners, but such amendments will not affect claims previously located, as they are governed by the laws in force at the date of location.4 In the absence of local or district laws at the date of location, and subsequent to the Congressional acts, compliance with the laws of Congress must be shown.5 Where the claim is made under a location prior to any local or district laws, the inception of title will only be from the date of the location notice or certificate in which the names of the claimants or their grantors appear as locators.6 § 101. Abandonment.-One who abandons a mining claim may remove his machinery, and all ore previously extracted from the mine.1 Where a 3,000 foot location, under law of 1866 has been re-located under the act of 1872, leaving out 1,500 feet, a relocation by a subsequent purchaser cannot be made to include the original 3,000 feet. The first relocation was an abandonment of 1,500 feet.2 Where the alleged abandonment of a claim occurred subsequent to application for patent, and prior to payment and entry, the executive department would be compelled to take jurisdiction to determine the conflicting rights of the parties.3 1 3 Landowner, 50. § 102. Patent.-What is conveyed by-A patent for a lode claim conveys: (1) The surface ground embraced within the exterior boundaries of the claim.1 (2) The right to follow the vein or lode named, to the longitudinal extent of the patented ground, and to any depth, though the dip carries it to the adjoining ground. (3) All other veins, lodes or ledges, throughout their entire depth, the tops or apexes of which lie inside such surface lines extended downward vertically, although such other veins may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of the surface location, provided, that the right to such outside parts of such other veins shall be confined to such portions as lie between vertical planes drawn downward through the end lines, so continued in their own direction, that such planes shall intersect such exterior parts of such veins, lodes or ledges; provided, also that the other veins were not adversely claimed, on May 10, 1872.2 16 Landowner, 171. 2 Copp's Min. Dec. 154, 201. § 103. Same-Reservations in.-There is a reservation in all patents to land in mineral regions, of all previously acquired water rights;1 of the surface ground in all cross lodes previously patented;2 and in placer patents, all lodes “of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposit" claimed or known to exist at the date of the patent. And where the ground is within the boundaries of a town site, a clause is inserted, 66 excepting and excluding all town property rights upon the surface, and all houses, buildings, structures, lots, blocks, streets, alleys, or other municipal improvements not belonging to the grantee herein, and all rights necessary to the occupation, possession, and enjoyment of the same."4 In one case a reservation was inserted to the effect that only the actual surface ground embraced within the walls of the lode was intended to be conveyed, it being the estimated area of the lode.5 In railroad grants the mines are reserved, and where a mine has been erroneously granted to a railroad company, and the company fails or refuses to relinquish when called upon, a patent will be issued to the claimant of the mine as though the land had not been granted. So mineral lands are expressly excluded from selections authorized to be made by states, unless at the date of the survey the mineral character of the sections selected is unknown.8 All previously patented ground is also excepted. Mineral lands are excepted from agricultural patents, which are void as to known mineral lands included therein. Whether the land is mineral, or not, is a question of fact not excluded from inquiry by a previous return of the lands as agricultural.10 1 Copp's Min. Dec. 182. 2 2 Landowner, 178. 3 2 Landowner, 82. 4 Copp's Min. Dec. 207. 5 2 Landowner, 5. 6 1 Landowner, 2. 7 Copp's Min. Dec. 30, 40, 105; Sickel's Min. Laws, 438. 8 4 Landowner, 18; 5 Landowner, 178; 6 id. 152. 9 1 Landowner, 82. 10 Sickel's Min. Laws, 450. § 104. Same-For what may be issued under mining laws.—In addition to the valuable minerals specially mentioned in the act of Congress, as giving a mineral character to the public lands thrown open to exploration and purchase, the following have been held to be included in the general terms of the statute, and when found in deposits, to render the land on which they are discovered subject to occupation and purchase under the mining laws: Iron, whether found in lodes or placers;1 diamonds,2 fire clay,3 kaoline, marble,5 limestone,6 mica,7 slate,8 umber, petroleum, 10 borax,11 and salt;12 though salt springs13 and sulphur springs14 have been decided not to be patentable where they were not useful for the deposits of minerals contained therein, but for the water. In addition to these, non-mineral land may be patented as mill sites under the mining law.15 When the public lands are claimed as mineral in character, the test laid down is whether they are more valuable for minerals than for other purposes.16 The four classes of claims patentable under the mining law are (1) lode claims; (2) placer claims; (3) mill sites; (4) lode claims in connection with mill sites.17 The term "claim" as applied to lodes is held by the general land office to mean that portion of the vein or lode and adjoining surface to which the claimant has the right of possession by virtue of a compliance with the laws of the United States, and the local laws, rules and customs of miners not in conflict therewith.18 11 Landowner, 34. 2 Copp's Min. Dec. 140. 3 Copp's Min. Dec. 209. 4 2 Landowner, 66. 5 Ibid. 6 Ibid. Contra, Sickel's Min. Laws, 626-31. 7 2 Landowner, 131. 8 1 Landowner, 132. 9 1 Londowner, 179. 10 1 Landowner, 179; Sickel's Min. Laws, 438. 11 Copp's Min. Dec. 194. 12 1 Landowner, 19. 13 2 Landowner, 131, 179; 3 id. 196. 14 Copp's Min, Dec. 22. 15 2 Landowner, 114. 16 Copp's Min. Dec. 316. 17 1 Landowner, 2. § 105. Same-Application for.-The effect of an application for a patent is to withdraw the claim from the operation of local laws or regulations as to the performance of annual labor, etc., in order to hold the claim. Until such application is set aside for failure to comply with land office rules, it cannot be regarded as waived or forfeited by the applicant. And no other application for the same ground will be received.2 Each application is an entirety, and rests upon its own merits. When papers are once filed with the register and receiver, they become a part of the record, and can neither be withdrawn nor returned, but must be transmitted to the general land office. The application will not be granted for any ground outside of the location.5 1 2 Landowner, 66. 2 Sickel's Min. Laws, 243. 3 Copp's Min. Dec. 202. 4 1 Landowner, 66. 5 6 Landowner, 171. § 106. Same-Whether as lode or placer claims.The act of Congress of May 10, 1872, divides mineral lands into (1) lodes, (2) placers. The first is where the minerals are found in rock in place.1 The second includes all forms of deposit not found in rock in place. Only such lands as contain deposits of the second class can be patented as placer claims.2 Persons or associations may purchase as many placer claims as the local law permits, and include them all in one application for a patent if they lie contiguous to each other.3 But parcels at wide distances from each other and in different districts cannot be included in the same entry.4 Nor does this rule apply to lode claims, except where they are embraced in several placer locations.5 And where the placer locations are not contiguous the required expenditure must be on each for the full amount ($500). Otherwise the |