Show MINING LAWS united states arizona california nevada colorado idaho and utah it is the purpose of the following series of articles to give the more important mining laws of the united states and of the several states in as concise a form as possible A complete treatise on this subject would fill several large volumes and for more complete information we suggest the following works for field work and handy ref reference arence morrisons Morri sons mining rights millers mining law in practice or wilsons Wil sons mining laws for complete reference wilson snyder or on mining milling law lt it should be understood that the united states mining laws are fundamental and that the state and territorial laws are made to conform and not to conflict with the same it is therefore most important that the united states laws should be adhered to but it is also necessary that local law and custom should be followed united states mining laws title chapter 6 revised statutes of 1872 sec 2338 2318 in all cases lands valuable for minerals shall be reserved from sale except as otherwise expressly directed by law sec 2319 all valuable mineral deposits in lands belonging to the united states both surveyed and 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 V veins pins or lodes of quartz or other rock in place bearing gold silver cinnabar lead 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 i by any mining regulation to less than twenty five feet on each side oath of the e middle odthe 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 ahnes of each claim shall be parallel to each other see 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 zed agent made on disown 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 amendment act of april 1882 that applicants for mineral patents if residing beyond the limits of the district wherein the claim is situated may make any oath or affidavit required for proof of citizenship before the clerk of any court of record or before any notary public of any state or territory terri fory see sec 2322 the locators of all mining locations heretofore made or which shall hereafter be made on any mineral vein lode lode or ledge situated on the public domain their heirs and assigns where no adverse claims exist on 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 pos 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 cat ions 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 see sec 2323 where a tunnel is run for the development of a vein or lode ajr for the discovery of mines the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand beet feet from the face of such tunnel on the tine line thereof apt previously known to exist discovered in such tunnel to the same ex tent as if discovered from the surface and locations on the line of such tunnel or veins or lodes not appearing on the surface maje 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 manner of recording amount of work necessary to hold possession of a mining claim subject to the following requirements quire ments the location must be distinctly marked on the ground so that its boundaries can be readily traced all records of mining claims hereafter made shall contain the name or names of the locators the date of the location and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim on each claim located after the tenth day of may eighteen hundred and seventy two and until a patent has been issued not less than one hundred dollars worth of labor shall be performed or improvements made during each year on all claims located prior to the tenth day of may eighteen hundred and seventy two ten dollars worth of labor shall be performed or improvements made by tho the tenth day of june eighteen hundred and seventy four and each year thereafter for each one hundred feet in length along the vein until a patent has been issued but where such claims are held in ift common such expenditure may be made upon any one claim and upon a failure to comply with these conditions the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same bad ever been made provided that the original locators their heirs assigns or legal representatives have not resumed work upon the claim after failure and before such location upon the failure of any one of several co owners to contribute his proportion of the expenditures required hereby the co owners who have performed the labor or made the improvements may at the expiration of the year give such delinquent co owner personal notice in writing or notice by publication in the newspaper published nearest the claim for at least once a week for ninety days and if at the expiration of ninety days after such notice in writing or by publication flon such delinquent should fall fail or refuse to contribute his proportion of the expenditure requited required by this thi s se section c tion his interest in an the claim shall become the of his co owners who have made nor por perty porty the required expenditures amendment act of january 22 1880 provided that the period within which the work required to be done annually on all mineral claims shall commence on the first day of january succeeding inythe the date of location of such claim and this section shall apply to all claims located since the tenth day of may anno domini eighteen hundred and seventy two continued november 15 |