Abbildungen der Seite
PDF
EPUB

SECTION 111-Publication of notice.

112-Same-Survey-Plat-Extent of claims.

113-Same-Instructions to deputy mineral surveyor where commissioner is ex-officio surveyor-general.

114-Expenditure for patent.

115-Same-Proof-Witnesses-Affidavits.

116-To whom patent will issue-To whom delivered.
117-Effect of erroneous issue of patent.

118-Purchase money.

119-Hearings as to character of land.

120-Same-Burden of proof.

121-Cross lodes.

122-Adverse claims.

123-Same-Facts necessary to be shown.

124-Same-Time within which should be filed.

125-Same-What filed with adverse claim.

126-Same-Affidavit-Fees.

127-Same-Proceedings in court in support of.

128-Same-Effect of waiver by applicant.

129-Same-Waiver by adverse claimant.

130-Same-Conflict not considered as adverse claim.

131-Protests.

132-Appeals.

133-Easements.

134-Town sites.

135-Water rights.
136-Mill sites.

§ 89. Mineral land open to exploration and purchase. It has been decided that the lands designated as mineral are not withdrawn from exploration and purchase as mining claims where they have been entered for agricultural purposes, when they are of little or no value as agricultural lands, but are essential to the proper development of mining claims.1 And where mineral lands have been included in an agricultural entry, such entry will be canceled upon proper evidence as to the mineral character of the land, at any time before the patent is issued.2 But unknown and unexcepted

neral deposits, in public lands, pass with the title

If a patent

granted by patent on an agricultural entry.3 be applied for, of a mining claim within the boundaries of the agricultural entry, the entry will be canceled as to that portion of the land embraced in the lines of the mining claim. But if an agricultural entry is permitted, without opposition after due notice, it will not be reopened unless mineral claimants have the possessory right to an actual claim, or fraud was practiced by the agricultural claimant.5 No location of a town site upon land known to contain deposits of valuable minerals will exclude the right of the miners to explore such lands.6 The same is true of an entry under the homestead law.7 And the commissioner of the general land office will render all possible assistance in setting aside an agricultural patent to land embracing a valid mining claim.8 Mineral lands lying in the reservations are not open to exploration and purchase.9

1 1 Landowner, 18, 144, 180; 2 Id. 82, 146.

2 Copp's Min. Dec. 233. See Infra, § 119 et seq.; "Hearings," etc. 3 Copp's Min. Dec. 208, 233.

4 Copp's Min. Dec. 163.

5 Copp's Min. Dec. 125.

6 1 Landowner, 51; 2 Id. 146; 3 Id. 131.

7 4 Landowner, 17.

8 Copp's Min. Dec. 212.

9 Copp's Min. Dec. 208; 5 Landowner, 179; Sickel's Min. Laws, 355.

§ 90. Status of lode claims previously located, preserved by act of 1872.-It is no part of the purpose of the statute to deprive claimants of the benefits of prior locations. The laws, customs and rules in force at the date of location will govern as to extent, when the locators have not seen proper to avail themselves of the more liberal provisions of the new law.1

1 Copp's Min. Dec. 235; 1 Landowner, 83, 162; 3 Id. 67.

§ 91. Location of claims.-By location the miner obtains the exclusive possessory right to the surface ground embraced in his claim, and as an incident thereto the growing timber on the claim. But a location being illegal and void, the subsequent proceedings, even if in due form, would be invalid.2 So far as the surface ground is concerned, the claim must conform to the location notice and record. However, miners' location notices should not be held to technical accuracy, but are sufficient if they put an honest inquirer in the way of finding the lode. Parol evidence is admissible to show what tract is embraced in the location.4 One which concluded as follows: "We claim 500 feet easterly and 500 feet westerly, situate about 200 feet easterly from the Sacramento," was held not void for uncertainty in the Ophir mining district, Utah, if made prior to May 10, 1872.5 Locations of lode claims made under the law of May 10, 1872, must be accurately described and distinctly marked on the ground. There is no provision of law to prevent the location of other claims on the same lode outside the original location, provided that no single location shall exceed 1,500 feet in length. The names of the locators in the notice should be the true ones; and where there is a difference in the given name in the notice, and that which subsequently appears as grantor in a deed, identity of persons must be shown.8 The patent will only issue for the surface ground embraced within the lines of the location.9 Lode claims must be in form substantially, parallelograms.10 Locations are not invalid because made on Sunday, unless prohibited by local law.11 But one vein can be made the basis of location. The middle of the vein must be ascertained by exploration, or the middle of the discovery shaft taken as the middle of the vein.12 The location must omply with State laws.18 Locations are void when

made by trespassing upon the possessory rights of others.14

1 2 Landowner, 114.

2 Copp's Min. Dec. 190.

3 1 Landowner, 146.

4 2 Landowner, 2. (What is here designated as the "Location Notice" is what is known in Colorado as the "Location Certificate.")

5 1 Landowner, 162.

6 1 Landowner, 135; 6 Landowner, 122.

7 Copp's Min. Dec. 207.

8 1 Landowner, 178.

9 6 Landowner, 171.

10 Sickels' Min. Laws, 36.

11 Sickels' Min. Laws, 43.

12 Sickels' Min. Laws, 36, 119. 13 Sickels' Min. Laws, 43.

14 Sickels' Min. Laws, 48.

§ 92. Tunnel locations.-Tunnel owners have the right to locate 1,500 feet in length of each blind lode, not previously known to exist, discovered in their tunnel. And when the lode is struck they have the option to record their claim to 1,500 feet all on one side of the point of discovery, or partly upon one side and partly upon the other; but they cannot divest the right of possession of other parties, on lodes discovered outside the line of the tunnel, prior to the discovery in the tunnel. Prospecting for blind lodes on the line of the tunnel is prohibited; but this does not prevent others from prospecting by tunnel or otherwise outside the line of the tunnel location.2 The "line of the tunnel" is the width of the tunnel, and this is the utmost width of ground that can be held by a tunnel location. This width must be marked on the ground.3 The line of the tunnel marked upon the surface must be from the face or point of commencement, to the terminus of the tunnel. There is no provision of law for patenting tun

nel locations, but claims located thereon may be patented in the same manner as other lode claims.5 No special amount of labor is required to be done to maintain tunnel rights, but the tunnel must be worked with reasonable diligence, and failure to prosecute work for six months will be considered an abandonment.6

1 Copp's Min. Dec. 144.

2 Copp's Min. Dec. 144.

3 3 Landowner, 130; Copp's Min. Dec. 144.

4 Copp's Min. Dec. 144. 5 Copp's Min. Dec. 193.

6 Copp's Min. Dec. 215.

§ 93. Recording location.--Parties are bound by the record they make as to date of location.1

1 Sickels' Min. Laws, 47.

§ 94. Annual expenditure on old locations.-Where several individual locations were made upon a lode, prior to May 10, 1872, and the claims so located are held in common, the entire expenditure of ten dollars for each 100 feet claimed along the lode may be made on any one of such locations.1 Notice to contribute could not be given to delinquent co-owners, until after January 1, 1875, as the time was by statute extended to that date.2 1 Copp's Min. Dec. 136.

2 1 Landowner, 138; 3 1d. 66.

§ 95. Annual expenditure on new locations.-On claims located subsequent to May 10, 1872, the year for annual labor or improvements, prior to the amendment of January 22, 1880,1 commenced with the date of location.2 Such expenditures, as the law requires to be made annually, in order to hold the claim, may be made by running a tunnel for the development of the lode, whether such tunnel be on the claim or not, and will be considered as work done on the claim.3 The

« ZurückWeiter »