The seventh section of the United States laws provides for adverse claims; fixes the time within which they shall be filed to have legal effect, and prescribes the manner of their adjustment. An adverse mining claim must be filed with the register of the same land office with whom the application for patent was filed, or in his absence, with the receiver, and within the sixty days’ period of newspaper publication of notice. It must be duly sworn to by the party or parties filing the adverse claim, and not by an attorney, before a officer authorized to administer oaths within the land-district, or before the register or receiver; fully set forth the nature and extent of the interference or conflict; whether the adverse party claims as a purchaser for valuable consideration, or as a locator; if the former, the original conveyance, or a duly certified copy thereof, should be furnished; or if the transaction was a mere verbal one he will narrate the circumstances attending the purchase, the date thereof, and the amount paid, which facts should be supported by the affidavit of one or more witnesses, if any were present at the time; and if he claims as a locator, he must file a duly certified copy of the location from the office of the proper recorder. It will be incumbent upon the adverse claimant to file a plat showing his claim, and its relative situation or position with the one against which he claims, so that the extent of the conflict may be the better understood. This plat must be made from an actual survey by a United States deputy surveyor, who will officially certify thereon to its correctness; and in addition there must be attached to such plat of survey a certificate or sworn statement by the surveyor, as to the approximate value of the labor performed or improvements made upon the claim of the adverse party, and the plat must indicate the position of any shafts, tunnels, or other improvements, if any such exist upon the claim of the party opposing the application. Upon the foregoing being filed within the sixty days as aforesaid, the register, or in his absence, the receiver, will give notice in writing to both parties to the contest that such adverse claim has been filed, informing them that the party who filed the adverse claim will be required within thirty days from the date of such filing to commence proceedings in a court of competent jurisdiction, to determine the question of right of possession, and to prosecute the same with reasonable diligence to final judgment; and that, should such adverse claimant fail to do so, his adverse claim will be considered waived, and the application for patent be allowed to proceed upon its merits. When an adverse claim is filed as aforesaid, the register or receiver will indorse upon the same the precise date of filing, and preserve a record of the date of notifications issued thereon; and thereafter all proceedings on the application for patent will be suspended, with the exception of the completion of the publication and posting of notices and plat, and the filing of the necessary proof thereof, until the controversy shall have been adjudicated in court, or the adverse claim waived or withdrawn.
Tunnels.
Tunnels run for the development of a vein or lode, or for the discovery of mines, give the owner or owners the right of possession of all veins or lodes within 3,000 feet from the face of the tunnel to the same extent as if discovered from the surface, i.e., 1,500 feet on the lode; and locations on the line of such tunnels of veins or lodes not appearing on the surface, 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 an abandonment of the right to all undiscovered veins or lodes on the line of said tunnel. To avail themselves of the benefits of the law, the proprietors of a mining tunnel will be required to give a proper notice of their tunnel location, by erecting a substantial post, bound or monument at the face or commencement thereof, upon which should be posted a good and sufficient notice, giving the names of the party or parties claiming the tunnel right, the actual or proposed course or direction, height and width. At the time of posting notice and marking out the lines of the tunnel, as aforesaid, a full and correct copy of such notice and location must be filed for record with the mining recorder for the district.
Placer Claims.
The laws of the United States provide, also, that no location of a placer claim, made after July 9th, 1870, shall exceed 160 acres for any one person or association of persons, which location shall conform to the United States surveys. All placer claims located after May 10th, 1872, shall conform as nearly as practicable with the United States system of public surveys, and no such location shall include more than 20 acres for each individual claimant.
These provisions of the law are construed by the commissioner of the General Land Office, to mean that after the 9th of July, 1870, no location of placer claim can be made to exceed 160 acres, whatever may be the number of locators associated together, or whatever the local regulations of the district may allow; and that from and after May 10th, 1872, no location made by an individual can exceed 20 acres, and no location made by an association of individuals can exceed 160 acres; which location cannot be made by a less number than eight bona fide locators; but whether as much as 20 acres can be located by an individual, or 160 acres by an association, depends entirely upon the mining regulations in force in the respective districts at the date of the location; it being held that such mining regulations are in no way enlarged by the statutes, but remain intact and in full force with regard to the size of locations, in so far as they do not permit locations in excess of the limits fixed by Congress; but that when such regulations permit locations in excess of the maximum fixed by Congress, they are restricted accordingly. A local regulation is valid, therefore, which provides that a placer claim, for instance, shall not exceed 100 feet square. Congress requires no annual expenditures on placer claims, leaving them subject to the local laws, rules, regulations and customs.
District Mining Regulations.
The following will serve as a model for the framing of district laws. They will vary a little in detail, according to the requirements of the locality.
Bounds and Laws of —— District.
By virtue of a notice duly signed and posted, on —— 1877, a meeting of miners was held at place of posting notice on the —— inst., at which place and time the —— Mining District was formed. Mr. —— —— acted as Chairman, and —— —— acted as Secretary.