Abbildungen der Seite
PDF
EPUB
[blocks in formation]

CONTRACTIONS.

U.S. STAT.-Revised Statutes of the United States,

1878.

COL. STAT.-General Laws of Colorado, 1877.

C. L. O.-Copp's Land Owner.

C. M. D.-Copp's Mining Decisions.

LAW REPORTER.-Colorado Law Reporter, by James A. Dawson.

SICKELS. Sickel's Mining Laws of the United States.

The dates indicate when the statute took effect.

PART I.

THE MINING LAWS OF THE UNITED STATES.

FROM THE REVISED STATUTES, 1878.

The Statutes are printed in the larger type-author's notes in small type.

MINERAL LANDS RESERVEd from SalE.

SECTION 2318. In all cases, lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law.-July 4, 1866.

Mineral Lands are such as are more valuable for mining than for agricultural purposes. There are two classes of mineral lands, viz: Lodes and Placers.

A Lode is a vein or body of ore in place.

See Rock in Place.

Placers include all other forms of mineral deposits.

Sec. 2329.

MINERAL LANDS OPEN TO EXPLORATION AND PUR

CHASE.

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

2

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.-May 10, 1872.

The First Act of Congress relating to mining locations, was passed in 1866. The first placer law was enacted in 1870.

The Possessory Rights of claimants were first recognized by Act of Congress in 1865, as follows:

SEC. 910. No possessory action between persons, in any court of the United States, for the recovery of any mining title, or for damages to any such title, shall be effected 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.-Feb. 27, 1865. See Miscellaneous Laws, Sec. 2131.

Mineral Deposits.-Under the head of valuable mineral deposits in this section (2319) are included diamonds, slate, fireclay, borax, mica, amber, petroleum, and the common and precious metals. Land Office Decisions, Sickels, p. 485. Agricultural Entry.-Land discovered to contain valuable mineral deposits, after the same has been entered as agricultural, but before patent has issued, is subject to mineral location and entry, and the agricultural entry will be cancelled. Sickels, 449.

Reservation Lands.-Mineral Lands in Indian or Military Reservations are not subject to location. Should such reservations be removed or revert to the government, claims previously located should be re-located. Sickels, pp. 519-20.

District Laws.-Prior to 1866 mining rights were regulated by state or territorial laws and the local rules and customs of the

« ZurückWeiter »