Conformity of placer claims to surveys; limitation of claims. What evidence ent. 1880, in manuscript. Decisions Com. G. L. O., March 1, 1871 (Copp's Mg. Dec. 40); Jan. 20, 1873 (id. 157); July 10, 1873 (id. 211); Oct. 23, 1873 (id. 229); Nov. 20, 1873 (id. 235); Nov. 21, 1874 (1 Copp's L. O. 134); Sept. 20, 1879 (G. L. O. Rep. 1879, p. 143). SEC. 399. Where placer claims are upon surveyed lands, and conform to legal subdivisions, no further survey 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 cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral land 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 pre-emption purposes. 17 Stat. 94; 19 id. 52; R. S. 2331. Campbell v. Adams, U. S. Dist. Ct. Colo. 1880, in manuscript. Decisions Com. G. L. O., May 19, 1873 (Copp's Mg. Dec. 200); Aug. 27, 1873 (id. 222). SEC. 400. Where such person or association, they and of possession, their grantors, have held and worked their claims for a &c., to establish a right to a pat- period equal to the time prescribed by the statute of limitations for mining claims of the State or Territory where the same may be situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this chapter, in the absence of any adverse claim; but nothing in this chapter shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent. Proceedings for claim, &c. 16 Stat. 217; R. S. 2332. The 420 Mg. Co. v. The Bullion Co., 3 Saw. C. C. 634. Davis v. Clark, 2 Montana, 310; Maine Boys Co. v. Boston Co., 37 Cal. 40. SEC. 401. Where the same person, association, or corpopatent for placer ration is in possession of a placer claim, and also a vein or lode included within the boundaries thereof, application shall be made for a patent for the placer claim, with the statement that it includes such vein or lode, and in such case a patent shall issue for the placer claim, subject to the provisions of this chapter, including such vein or lode, upon the payment of five dollars per acre for such vein or lode claim, and twenty-five feet of surface on each side thereof. The remainder of the placer claim, or any placer claim not embracing any vein or lode claim, shall be paid for at the rate of two dollars and fifty cents per acre, together with all costs of proceedings; and where a vein or lode, such as is described in section three hundred and eighty-eight, is known to exist within the boundaries of a placer claim, an application for a patent for such placer claim, which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer claim is not known, a patent for the placer claim 17 Stat. 94; 19 id. 52; R. S. 2333. Decision Com. G. L. O., Oct. 17, Surveyor-gen surveyors of min SEC. 402. The surveyor-general of the United States may appoint in each land district containing mineral lands eral to appoint as many competent surveyors as shall apply for appoint- ing claims, &o. ment to survey mining claims. The expenses of the survey of vein or lode claims, and the survey and subdivision of placer claims into smaller quantities than one hundred and -sixty acres, together with the cost of publication of notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy surveyor to make the survey. The Commissioner of the General Land Office shall also have power to establish the maximum charges for surveys and publication of notices under this chapter; and, in case of excessive charges for publication, he may designate any newspaper published in a land district where mines are situated for the publication of mining notices in such district, and fix the rates to be charged by such paper; and, to the end that the Commissioner may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with all fees and money paid the register and the receiver of the land office, which statement shall be transmitted, with the other papers in the case, to the Commissioner of the General Land Office. 17 Stat. 95; 19 id. 52; R. S. 2334. Decision Com. G. L. O., Aug. 6, SEC. 403. All affidavits required to be made under this Verification of chapter may be verified before any officer authorized to affidavits, &c. administer oaths within the land district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register and receiver of the land office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party cannot be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the register of the land office as published nearest to the location of such land; and the register shall require proof that such notice has been given. 17 Stat. 95; 19 id. 52; R. S. 2335. Decisions Com. G. L. O., July SEC. 404. Where two or more veins intersect or cross each Where veins other, priority of title shall govern, and such prior location intersect, &c. shall be entitled to all ore or mineral contained within the space of intersection; but the subsequent location shall have the right of way through the space of intersection for the Patents for nonmineral lands, &c. What conditions of sale may legislature. purposes of the convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection. 17 Stat. 96; 19 id. 52; R. S. 2336. Decisions Sec. Int., Feb. 24, 1873 (Copp's Mg. Dec. 96, 101); July 21, 1879 (6 Copp's L. O. 73). Decision Com. G. L. O., Feb. 25, 1876 (2 Copp's L. O. 178). SEC. 405. Where non-mineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such non-adjajent surface-ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no location hereafter made of such nonadjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this chapter for the superficies of the lode. The owner of a quartzmill or reduction-works, not owning a mine in connection therewith, may also receive a patent for his mill-site, as provided in this section. 17 Stat. 96; 19 id. 52; R. S. 2337. Decision Sec. Int., April 29, 1876 (3 Copp's L. O. 67). Decisions Com. G. L. O., Oct. 11, 1872 (Copp's Mg. Dec. 147); April 16, 1873 (id. 193); May 20, 1873 (id. 201); March 10, 1874 (1 Copp's L. O. 1); Oct. 21, 1875 (2 id. 114); Sept. 24, 1879. SEC. 406. As a condition of sale, in the absence of necesbe made by local Sary legislation by Congress, the local legislature of any State or Territory may provide rules for working mines, involving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed in the patent. Vested rights for mining, &c.; canals. 14 Stat. 252; 19 id. 52; R. S. 2338. SEC. 407. Whenever, by priority of possession, rights to to use of water the use of water for mining, agricultural, manufacturing, or right of way for other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. Patents, preemptions, and 14 Stat. 253; R. S. 2339. Atchison v. Peterson, 20 Wall. 507; Basey v. Gallagher, 20 id. 670; Jennison v. Kirk, 8 Otto, 453. Decisions Com. G. L. O., Nov. 23, 1869 (Copp's Mg. Dec. 24); April 16, 1871 (id. 42); March 21, 1872 (id. 82). SEC. 408. All patents granted, or pre-emption or homehomesteads' sub- steads allowed, shall be subject to any vested and accrued ject to vested and water-rights, or rights to ditches and reservoirs used in rights. connection with such water-rights, as may have been acquired under or recognized by the preceding section. accrued water 16 Stat. 218: R. S. 2340. in which no valu to homesteads. are SEC. 409. Wherever, upon the lands heretofore designated, Mineral lands as mineral lands, which have been excluded from survey able mines and sale, there have been homesteads made by citizens of discovered open the United States, or persons who have declared their intention to become citizens, which homesteads have been made, improved, and used for agricultural purposes, and upon which there have been no valuable mines of gold, silver, cinnabar, or copper discovered, and which are properly agricultural lands, the settlers or owners of such homesteads shall have a right of pre-emption thereto, and shall be entitled to purchase the same at the price of one dollar and twenty-five cents per acre, and in quantity not to exceed one hundred and sixty acres; or they may avail themselves of the provisions of chapter eight, relating to "Homesteads." 14 Stat. 253; R. S. 2341. Ah Yew v. Choate, 24 Cal. 562; Alford v. Barnum, 45 id. 482. Decisions Sec. Int., Feb. 12, 1872 (Copp's Mg. Dec. 77); May 6, 1872 (id. 93); July 10, 1872 (id. 128, 130); Dec. 14, 1872 (id. 133); Jan. 3, 1876 (2 Copp's L. O. 146); Feb. 5, 1876 (2 id. 180; 3 id. 2); Dec. 20, 1876 (4 id. 102); April 5, 1877 (4 id. 19); June 21, 1877 (5 id. 3); Feb. 16, 1878 (5 id. 3); March 4, 1879 (6 id. 4); Dec. 22, 1879 (7 id. 23); April 7, 1880 (7 id. 36). Decisions Com. G. L. O., Nov. 14, 1872 (Copp's Mg. Dec. 148); Oct. 21, 1871 (id. 60); Dec. 2, 1872 (id. 150); March 12, 1873 (id. 163) July 10 1873 (id. 208); Nov. 11, 1873 (id. 233); Aug 4, 1875 (2 Copp's L. O. 84); Feb. 18, 1875 (1 id. 180); June 21, 1876 (3 id. 50); Oct. 24, 1876 (3 id. 130); March 21, 1877 (4 id. 2); March 26, 1877 (4 id. 17); Nov. 6, 1879 (6 id. 135). Cir. G. L. O., April 22, 1880 (7 Copp's L. O. 36). SEC. 410. Upon the survey of the lands described in the Mineral lands, how set apart as preceding section, the Secretary of the Interior may desigagricultural nate and set apart such portions of the same as are clearly lands. agricultural lands, which lands shall thereafter be subject to pre-emption and sale as other public lands, and be subject to all the laws and regulations applicable to the same. 14 Stat. 253; R. S. 2342. Ah Yew v. Choate, 24 Cal. 562; Alford v. Barnum, 45 id. 482. Decisions Sec. Int., Feb. 12, 1872 (Copp's Mg. Dec. 77); May 6, 1872 (id. 93); July 10, 1872 (id. 128, 130); Dec. 14, 1872 (id. 133); Jan. 3, 1876 (2 Copp's L. O. 146); Feb. 5, 1876 (2 id. 180; 3 id. 2); Dec. 20, 1876 (4 id. 102); April 5, 1877 (4 id. 19); June 21, 1877 (5 id. 2); Feb. 16, 1878 (5 id. 3); March 4, 1879 (6 id. 4); Dec 22, 1879 (7 id. 23); April 17, 1880 (7 id. 36). Decisions Com. G. L. O., Nov. 14, 1872 (Copp's Mg. Dec. 148); Oct. 21, 1871 (id. 60); Dec. 2, 1872 (id. 150); March 12, 1873 (id. 163); July 10, 1873 (id. 208); Nov. 11, 1873 (id. 233); Aug. 4, 1875 (2 Copp's L. O. 84); Feb. 18, 1875 (1 id. 180); June 21, 1876 (3 id. 50); Oct. 24, 1876 (3 id. 130); March 21, 1877 (4 id. 2); March 26, 1877 (4 id. 17); Nov. 6, 1879 (6 id. 135). Cir. G. L. O., April 22, 1880 (7 Copp's L. O. 36.) cers. power of the SEC. 411. The President is authorized to establish ad- Additionalland ditional land districts, and to appoint the necessary officers districts and offi under existing laws, wherever he may deem the same neces- President to prosary for the public convenience in executing the provisions of this chapter. 14 Stat 252; R. S. 2343. vide. of Provisions this chapter not SEC. 412. Nothing contained in this chapter shall be construed to impair, in any way, rights or interests in mining to affect certain property acquired under existing laws; nor to affect the rights. provisions of the act entitled "An act granting to A. Sutro the right of way and other privileges to aid in the construc Mineral lands in certain States excepted. Deposits of coal, Missouri and tion of a draining and exploring tunnel to the Comstock 16 Stat. 218; 17 id. 96; 19 id. 52; R. S. 2344. Decision Sec. Int., SEC. 413. The provisions of the preceding sections of this chapter shall not apply to the mineral lands situated in the States of Michigan, Wisconsin, and Minnesota, which are declared free and open to exploration and purchase, according to legal subdivisions, in like manner as before the tenth day of May, eighteen hundred and seventy-two. And any bona-fide entries of such lands within the States named since the tenth day of May, eighteen hundred and seventy-two, .may be patented without reference to any of the foregoing provisions of this chapter. Such lands shall be offered for public sale in the same manner, at the same minimum price, and under the same rights of pre-emption as other public lands. 17 Stat. 465; R. S. 2345. Decision Com. G. L. O., July 21, 1876 (3 Copp's L. O. 132). SEC. 414. Within the State of Missouri and Kansas deiron, and lead in posits of coal, iron, lead, or other mineral are excluded from Kansasexcepted. the operation of the preceding sections of this chapter, and all lands in said States shall be subject to disposal as agricultural lands. Grants of lands lands. 19 Stat. 52. SEC. 415. No act passed at the first session of the Thirtyto States or cor- eighth Congress, granting lands to States or corporations porations not to include mineral to aid in the construction of roads or for other purposes, or to extend the time of grants made prior to the thirtieth day of January, eighteen hundred and sixty-five, shall be so construed as to embrace mineral lands, which in all cases are reserved exclusively to the United States, unless otherwise specially provided in the act or acts making the grant; and all mineral lands are excepted from the operation and grants of laws heretofore granting lands to the State of Colorado. 13 Stat. 576; 18 id. 476; R. S. 2346. Heydenfeldt v. Mg. Co., 3 Otto, 634. Boggs v. Merced Mg. Co., 14 Cal. 279; Burdge v. Smith, 14 id. 380; Doran v. Railway Co., 24 id. 452; Higgins v. Houghton, 25 id. 252; McLaughlin v. Powell, 50 id. 64. Decisions Sec. Int., May 20, 1870 (Copp's Mg. Dec. 31); April 28, 1873; April 30, 1879. Decisions Com. G. L. O., Feb. 5, 1879 (5 Copp's L. O. 178); Dec. 19, 1879 (6 id. 152). Entry of coal. lands. SEC. 416. Every person above the age of twenty-one years, who is a citizen of the United States, or who has declared his intention to become such, or any association of persons severally qualified as above, shall, upon application to the . register of the proper land office, have the right to enter, by legal subdivisions, any quantity of vacant coal lands of the United States not otherwise appropriated or reserved by competent authority, not exceeding one hundred and sixty acres to such individual person, or three hundred and twenty acres to such association, upon payment to the receiver of not less than ten dollars per acre for such lands, where the |