Show RECENT MINING DECISIONS compiled for the mining review by higgins senior lawyers placer claims location boundaries sufficiency of designation I 1 plaintiffs predecessors in interest entered on a quarter section of land with intent to locate a placer mining claim due notice was posted on the land claiming such quarter section and caused survey to he be made and stakes set at the supposed corners marked N E corner section 32 and IS S E corner section 32 and set lath between them to mark the lines these stakes were in reality some distance from the true line on the strip between the true line and that marked by plaintiffs defendant afterwards entered held that the notice and stakes posted by plaintiffs predecessors were sufficient lelent to notify defendant that plaintiffs claim extended to the whole quarter section consequently no rights were acquired to the strip erroneously omitted from the boundaries 2 rev st section 2324 provides that tha lode locations must be distinctly marked on the ground so that the boundaries can be traced section 2329 provides that placer claims shall be subject to entry and patent upon similar proceedings as are provided for lode claims but where the lands have been previously surveyed by the united states the exterior limits of the entry shall conform to the legal subdivisions sub divisions of public lands section 2330 provides for the subdivision of forty acre tracts into ten acre tracts and that no location shall exceed ago acres for any one person section 2331 provides that where placer claims are surveyed lands and conform to legal subdivisions no further survey or plat shall be required section 2334 provides for the survey of lode claims and for the subdivision of placer claims to smaller quantities than acres held that it is contemplated that placer claims will ordinarily be sold by legal subdivisions and where the notice states that such a subdivision has been located 0 as a placer claim it need not further state its boundaries nor need the locator place stakes or marks on the ground to show the lines of the claim kern oil co v crawford cal ag 76 pac rep 1111 public lands railroad grants character of land contract of sale 1 under act congress feb 26 1895 chapter section 7 28 stat provided that no patent or other conveyance of land shall be delivered to the northern pacific railway company and any lands in montana and idaho under the congressional grant to such railroad until the lands shall have been examined and classified as Inin bral by mineral land commissioners provided for a patent to such railroad company for lands classified by such commissioners as non mineral is conclusive as to the character of the land in the absence of 0 fraud imposition or gr rai mistake stake 2 in order to make a valid mining location under rev st U S section 2319 providing that all mineral deposits in mineral lands belong to thel the united states and the lands containing the same shall be open to entry etc surface ground including the vein or lode must be appropriated and such surface must be the property of the united states 3 where an entire section of public land had been patented by the government to the northern pacific railway company which had conveyed the same to defendant an entry thereon by complainants for the purpose of making a mining location without defendants consent was a trespass on defendants rights and was therefore ineffectual for the purpose of initiating a valid mining claim Trap haagen et al v kirk mont 77 pac rep 58 lode claims E establishment marked boundaries state regulations as in conflict with federal requirements 0 I 1 where locators locator of a lode claim in marking the same omit to establish the center posts or monuments and did not cause to be attached to the copy of the location notice delivered to the clerk for record an affidavit in proof of work required to be done as required by section 2975 B and 0 comp laws such omissions were fatal to a valid initiation of their title 2 B and C comp sections and requiring locators of a lode claim to establish the center post or monument of the claim in a particular manner and to attach to the copy of the notice of location filed with the clerk of the county wherein the claim is si situated fuated an affidavit of proof of work required to be done by section as conditions precedent to the establishment of a valid claim are not in n conflict with rev st U S section 2319 2322 and 2324 requiring that the locations of such a claim shall be distinctly marked on the ground so that its boundaries can be readily traced etc wright wryght et al v lyons et al ore 77 pac rep 81 |