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 such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his co-owners who have made the required expenditures.

obtained.

92.

SEC. 2325. A patent for any land claimed and located for valuable de- Patents for minposits may be obtained in the following manner: Any person, associa- eral lands, how tion, or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has, 10 May, 1872, c. 152, s. 6, v. 17, p. or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field-notes of the claim or claims in common, made by or under the direction of the United States surveyorgeneral, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall tile an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land office, upon the filing of such application, plat, field*notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by him designated as published nearest to such claim; and he shall also post such notice in his office for the same period. The claimant at the time of filing this application, or at any time thereafter, within the sixty days of publication, shall file with the register a certificate of the United States surveyor general that five hundred dollars' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description, to be incorporated in the patent. At the expiration of the sixty days of publication the claimant shall file bis affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the register and the receiver of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of five dollars per acre, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter. SEC. 2326. Where an adverse claim is filed during the period of pub- Adverse claim, lication, it shall be upon oath of the person or persons making the same, proceedings on. and shall show the nature, boundaries, and extent of such adverse claim, 10 May, 1872, c. and all proceedings, except the publication of notice and making and 152, s. 7, v. 17, p. filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure to do so shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment roll with the register of the land office, together with the certificate of the surveyor general that the requisite amount of labor has been expended or improvements made thereon, and the description made in other cases, and shall pay to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the register to the Commissioner of the General Land Office, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the

93.

surveyed lands.

court, to rightly possess. If it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim, with the proper fees, and file the certificate and description by the surveyor general, whereupon the register shall certify the proceedings and judgment roll to the Commissioner of the General Land Office, as in the preceding case, and patents shall issue to the several parties according to their respective rights. Nothing herein contained shall be construed to prevent the alienation of the title conveyed by a patent for a mining claim to any person whatever.

Description of SEC. 2327. The description of vein or lode claims, upon surveyed lands, vein-claims on shall designate the location of the claim with reference to the lines of surveyed and un- the public surveys, but need not conform therewith; but where a patent shall be issued for claims upon unsurveyed lands, the surveyor gen152, 8. 8, v. 17, p. eral, in extending the surveys, shall adjust the same to the boundaries of such patented claim, according to the plat or description thereof, but so as in no case to interfere with or change the location of any such patented claim.

94.

10 May, 1872, c.

Pending application; existing rights.

SEC. 2328. Applications for patents for mining claims under former laws now pending may be prosecuted to a final decision in the General Land Office; but in such cases, where adverse rights are not affected 10 May, 1872, c. thereby, patents may issue in pursuance of the provisions of this chap152, s. 9, v. 17, p. ter; and all patents for mining claims upon veins or lodes heretofore issued shall convey all the rights and privileges conferred by this chapter where no adverse rights existed on the tenth day of May, eighteen hundred and seventy-two.

94.

Conformity of SEC. 2329. Claims usually called "placers," including all forms of deplacer-claims to posit, excepting veins of quartz or other rock in place, shall be subject surveys, limit of. to entry and patent, under like circumstances and conditions, and upon 9 July, 1870, c. similar proceedings, as are provided for vein or lode claims; but where 235, s. 12, v. 16, P. the lands have been previously surveyed by the United States, the entry in its exterior limits shall conform to the legal subdivisions of the public lands.

217.

235, s. 12, v. 16, p. 217.

Subdivisions of SEC. 2330. Legal subdivisions of forty acres may be subdivided into ten-acre tracts; ten-acre tracts; and two or more persons, or associations of persons, maximum of pla- having contiguous claims of any size, although such claims may be less cer locations. than ten acres each, may make joint entry thereof; but no location of a 9 July, 1870, c. placer claim, made after the ninth day of July, eighteen hundred and seventy, shall exceed one hundred and sixty acres for any one person or association of persons, which location shall conform to the United States surveys; and nothing in this section contained shall defeat or impair any bona fide pre-emption or homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser.

152, s. 10, v. 17, p.

94.

Conformity of SEC. 2331. Where placer claims are upon surveyed lands, and conform placer-claims to to legal subdivisions, vo further survey or plat shall be required, and surveys; limita- all placer-mining claims located after the tenth day of May, eighteen tion of claims. hundred and seventy-two, shall conform as near as practicable with the 10 May, 1872, c. United States system of public-land surveys, and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each individual claimant; but where placer claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral lands in any legal subdivision a quantity of agricultural land less than forty acres remains, such fractional portion of agricultural land may be entered, by any party qualified by law, for homestead or pre-emption purposes.

What evidence

235, s. 13, v. 16, p. 217.

SEC. 2332. Where such person or association, they and their grantors, of possession, &c., have held and worked their claims for a period equal to the time preto establish a scribed by the statute of limitations for mining claims of the State or right to a patent. Territory where the same may be situated. evidence of such possession 9 July, 1870, C. and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this chapter, in the absence of any ad verse claim; but nothing in this chapter shall be deemed to impair any lien which may have attached in any way whatever to any miningclaim, or to property thereto attached prior to the issuance of a patent. SEC. 2333. Where the same person, association, or corporation is in patent for placer possession of a placer-claim, and also a vein or lode incluced within the boundaries thereof, application shall be made for a patent for the placer10 May, 1872, c. claim, with the statement that it includes such vein or lode, and in such case a patent shall issue for the placer-claim, subject to the provi

Proceedings for

claim, &c.

C.

152, s. 11, v. 17, p.

94.

sions of this chapter, including such vein or lode, upon the payment of five dollars per acre for such vein or lode claim, and twenty-five feet of surface on each side thereof. The remainder of the placer-claim or any placer-claim not embracing any vein or lode claim, shall be paid for at the rate of two dollars and fifty cents per acre, together with all costs of proceedings; and where a vein or lode, such as is described in section twenty-three hundred and twenty, is known to exist within the boundaries of a placer-claim, an application for a patent for such placer-claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placerclaim, has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer-claim is not known, a patent for the placer-claim shall convey all valuable mineral and other deposits within the boundaries thereof.

surveyors of mining claims, &c.

SEC. 2334. The surveyor-general of the United States may appoint in Surveyor-geneach land district containing mineral lands as many competent survey- eral to appoint ors as shall apply for appointment to survey mining claims. The expenses of the survey of vein or lode claims and the survey and subdivi- 10 May, 1872, c. sion of placer-claims into smaller quantities than one hundred and sixty 152, s. 12, v. 17, p. acres, together with the cost of publication of notices, shall be paid by 95. the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy surveyor to make the survey. The Commissioner of the General Land Office shall also have power to establish the maximum charges for surveys and publication of notices under this chapter, and, in case of excessive charges for publication, he may designate any newspaper published in a land district where mines are situated for the publication of mining notices in such district, and fix the rates to be charged by such paper; and, to the end that the Commissioner may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with all fees and money paid the register and the receiver of the land office, which statement shall be transmitted, with the other papers in the case, to the Commissioner of the General Land Office.

Verification of

SEC. 2335. All affidavits required to be made under this chapter may be verified before any officer authorized to administer oaths within the affidavits, &c. land district where the claims may be situated, and all testimony and 10 May, 1872, C. proofs may be taken before any such officer, and, when duly certified by 152, s. 13, v. 17, p the officer taking the same, shall have the same force and effect as if 95. taken before the register and receiver of the land office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party cannot be found, then by publication of at least once a week for thirty days in a newspaper to be designated by the register of the land office as published nearest to the location of such land; and the register shall require proof that such notice has been given.

Where veins

SEC. 2336. Where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to intersect, &c. all ore or mineral contained within the space of intersection; but the 10 May, 1872, c. subsequent location shall have the right of way through the space of 152, s. 14, v. 17. p. intersection for the purposes of the convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection.

96.

Patents for nonmineral lands,

&c.

10 May, 1872, c.

SEC. 2337. Where non-mineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such non-adjacent surface-ground may be embraced and included in an application for a patent for such vein or lode, and 152, s. 15, v. 17, p. the same way be patented therewith, subject to the same preliminary 96. requirements as to survey and notice as are applicable to veins or lodes; but no location hereafter made of such non-adjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this chapter for the superficies of the lode. The owner of a quartz-mill or reduction-works, not owning a mine in connection therewith, may also receive a patent for his mill-site, as provided in this section.

SEC 2338. As a condition of sale, in the absence of necessary legislation by Congress, the local legislature of any State or Territory may

What condi tons of sale may

be made by local provide rules for working mines, involving easements, drainage, and legislature. other necessary means to their complete development; and those con26 July, 1866, c. ditions shall be fully expressed in the patent. 262, s. 5, v. 14, p. 252.

Vested rights SEC. 2339. Whenever, by priority of possession, rights to the use of to use of water water for mining, agricultural, manufacturing, or other purposes, have for mining, &c.; vested and accrued, and the same are recognized and acknowledged by right of way for canals. the local customs, laws, and the decisions of courts, the possessors and 26 July, 1866, c. Owners of such vested rights shall be maintained and protected in the 262, s. 9, v. 14, p. same, and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.

253.

Patents, pre- SEC. 2340. All patents granted, or pre-emption or homesteads allowed, emptions, and shall be subject to any vested and accrued water-rights, or rights to homesteads sub; ditches and reservoirs used in connection with such water-rights, as ject to vested and accrued water may have been acquired under or recognized by the preceding section. 9 July, 1870, c. 235, s. 17, v. 16, p. 218.

rights.

Mineral lands

SEC. 2341. Wherever, upon the lands heretofore designated as mineral in which no val- lands, which have been excluded from survey and sale, there have been uable mines are homesteads made by citizens of the United States, or persons who have discovered, open declared their intention to become citizens, which homesteads have been to homesteads. made, improved, and used for agricultural purposes, and upon which there 26 July, 1866, c. 262, s. 10, v. 14, p. have been no valuable mines of gold, silver, cinnabar, or copper discovered, and which are properly agricultural lands, the settlers or owners of such homesteads shall have a right of pre-emption thereto and shall be entitled to purchase the same at the price of one dollar and twenty-five cents per acre, and in quantity not to exceed one hundred and sixty acres; or they may avail themselves of the provisions of chapter five of this Title, relating to "HOMESTEADS."

253.

as

Mineral lands SEC. 2342. Upon the survey of the lands described in the preceding bow set apart section, the Secretary of the Interior may designate and set apart such agricultural portions of the same as are clearly agricultural lands, which lands shall thereafter be subject to pre-emption and sale as other public lands, 26 July, 1866, c. and be subject to all the laws and regulations applicable to the same. 262, s. 11, v. 14, p. 253.

lands.

Additional SEC. 2343. The President is authorized to establish additional land land-districts and districts, and to appoint the necessary officers under existing laws, officers, power of wherever he may deem the same necessary for the public convenience in executing the provisions of this chapter.

the President to

provide.

26 July, 1866, c. 262, s. 7, v. 14, p. 252.

Provisions of

rights.

SEC. 2344. Notning contained in this chapter shall be construed to this chapter not impair, in any way, rights or interests in mining property acquired to affect certain under existing laws; nor to affect the provisions of the act entitled "An act granting to A. Sutro the right of way and other privileges to aid in 10 May, 1872, c. the construction of a draining and exploring tunnel to the Comstock 152, s. 16, v. 17, P. lode in the State of Nevada," approved July twenty-five, eighteen hun9 July, 1870, c. dred and sixty-six. 235 s. 17, v. 16, p. 218.

96.

159, v. 17, p. 455.

Mineral lands SEC. 2345. The provisions of the preceding sections of this chapter in certain States shall not apply to the mineral lands situated in the States of Michiexcepted. gan, Wisconsin, and Minnesota, which are declared free and open to 18 Feb., 1873, C. exploration and purchase, according to legal subdivisions, in like manner as before the tenth day of May, eighteen hundred and seventy-two. And any bona fide entries of such lands within the States named since the tenth of May, eighteen hundred and seventy-two, may be patented without reference to any of the foregoing provisions of this chapter. Such lands shall be offered for public sale in the same manner, at the same minimum price, and under the same rights of pre emption as other public lands.

Grants of lands

SEC. 2346. No act passed at the first session of the Thirty-eighth Conto States or cor- gress, granting lands to States or corporations to aid in the construction porations not to of roads or for other purposes, or to extend the time of grants made include mineral lands. prior to the thirtieth day of January, eighteen hundred and sixty-five, 30 January, shall be so construed as to embrace mineral lands, which in all cases 1865, Res. No. 10, are reserved exclusively to the United States, unless otherwise specially v. 13, p. 567. provided in the act or acts making the grant.

REPEAL PROVISIONS.

TITLE LXXIV.

brace.

em

SEC. 5595. The foregoing seventy-three titles embrace the Statutes of What Revised the United States general and permanent in their nature, in force on Statutes the first day of December, one thousand eight hundred and seventy-three, as revised and consolidated by commissioners appointed under an act of Congress, and the same shall be designated and cited as The Revised Statutes of the United States.

SEC. 5596. All acts of Congress passed prior to said first day of Decem- Repeal of acts ber, one thousand eight hundred and seventy-three, any portion of embraced in rewhich is embraced in any section of said revision, are hereby repealed, vision. and the section applicable thereto shall be in force in lieu thereof; all parts of such acts not contained in such revision having been repealed or superseded by subsequent acts, or not being general and permanent in their nature: Provided, That the incorporation into said revision of any general and permanent provision, taken from an act making appropriations, or from an act containing other provisions of a private, local, or temporary character, shall not repeal or in any way affect any appropriation, or any provision of a private, local, or temporary character, contained in any of said acts, but the same shall remain in force; and all acts of Congress passed prior to said last named day, no part of which are embraced in said revision, shall not be affected or changed by its

enactments.

Accrued rights

SEC. 5597. The repeal of the several acts embraced in said revision shall not affect any act done, or any right accruing or accrued, or any reserved. suit or proceeding had or commenced in any civil cause before the said repeal, but all rights and liabilities under said acts shall continue, and may be enforced in the same manner, as if said repeal had not been made; nor shall said repeal in any manner affect the right to any office, or change the term or tenure thereof.

SEC. 559. All offenses committed and all penalties or forfeitures incurred under any statute embraced in said revision prior to said repeal, may e prosecuted and punished in the same manner and with the same effect, as if said repeal had not been made.

SEC. 5599. All acts of limitation, whether applicable to civil causes and proceedings, or to the prosecution of offenses, or for the recovery of penalties or forfeitures, embraced in said revision and covered by said repeal, shall not be affected thereby, but all suits, proceedings, or prosecutions, whether civil or criminal, for causes arising or acts done or committed prior to said repea1, may be commenced and prosecuted within the same time as if said repeal had not been made.

Prosecutions. and punishments.

Acts of limita tion.

of sections.

SEC. 5600. The arrangement and classification of the several sections Arrangement of the revision have been made for the purpose of a more convenient and and classification orderly arrangement of the same, and therefore no inference or presumption of a legislative construction is to be drawn by reason of the title ander which any particular section is placed.

SEC. 5601. The enactment of the said revision is not to affect or repeal Acts passed any act of Congress passed since the first day of December, one thousand since December 1, eight hundred and seventy-three, and all acts passed since that date are to 1873, not affected. have full effect as if passed after the enactment of this revision, and so far as such acts vary from, or conflict with, any provision contained in said revision, they are to have effect as subsequent statutes, and as repealing any portion of the revision inconsistent therewith.

Approved June 22, 1874.

The following is an act of Congress approved June 6, 1874 :

An act to amend the act entitled "An act to promote the development of the mining resources of the United States," passed May tenth, eighteen hundred and seventy-two.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the fifth section of the act entitled "An act to promote the development of the mining resources of the United States," passed May tenth, eighteen hundred and seventy-two, which requires expenditures of labor and improvements on claims located prior to the passage of said act, are hereby so amended that the time for the first annual expenditure on claims located prior to the passage of said act shall be extended to the first day of January, eighteen hundred and seventy-live.