May 10, 1872 Act conformity of placer claims to the public land surveys.
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chlsbrns
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OP
OP
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End lines shall be parallel to each other.
Hello
If one takes a look at the Statutes at Large and Proclamations Page 91 last line of section 2 states the following:
Ask yourself is the ‘Topic thread’ here headed or called ‘May 10, 1872 Act conformity of placer claims to the public land surveys’?
Ask yourself what is a “Metes-and-Bounds Survey”? Then read below.
The Statutes at Large and Proclamations Page 91 last line of section 2 states the following end lines shall be parallel to each other. Then ask yourself what "Surveying system" shall be used for this?
Thank you for everyone’s input.
Hello
If one takes a look at the Statutes at Large and Proclamations Page 91 last line of section 2 states the following:
Ask yourself is this within the “SYSTEM OF RECTANGULAR SURVEYS” or is it within some other "Surveying system"?
Ask yourself is the ‘Topic thread’ here headed or called ‘May 10, 1872 Act conformity of placer claims to the public land surveys’?
Ask yourself what is a “Metes-and-Bounds Survey”? Then read below.
Ask yourself what “Surveying system must be used in order to carry out a Mineral Survey"?
The Statutes at Large and Proclamations Page 91 last line of section 2 states the following end lines shall be parallel to each other. Then ask yourself what "Surveying system" shall be used for this?
Thank you for everyone’s input.
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NO... I'm out
if you really want to educate yourself.
Mineral Law - BLM - Terry Maley - April 14,1999
if you really want to educate yourself.
Mineral Law - BLM - Terry Maley - April 14,1999
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OP
OP
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“Conformity to the Public Lands Rectangular survey system” .
Hello
If people chose to make the heading or call this topic thread “May 20, 1785 establishing a Rectangular Public Land Surveys” is fine with me. However don’t think people would read and post here if the thread had this as the heading.
The core point here is the fact that the “Conformity to the Public Lands Rectangular survey system” was clearly more finalized in the “Act of May 10, 1872” as far as the “Survey system used” . That is why the heading of this thread is “May 10, 1872 Act Conformity….. Really anything else is not covering the core thread topic.
This thread could be shifted to now cover other types of "Surveying systems" to help people read and post. What do you think?
Thanks for your links and posts.
Hello
If people chose to make the heading or call this topic thread “May 20, 1785 establishing a Rectangular Public Land Surveys” is fine with me. However don’t think people would read and post here if the thread had this as the heading.
The core point here is the fact that the “Conformity to the Public Lands Rectangular survey system” was clearly more finalized in the “Act of May 10, 1872” as far as the “Survey system used” . That is why the heading of this thread is “May 10, 1872 Act Conformity….. Really anything else is not covering the core thread topic.
This thread could be shifted to now cover other types of "Surveying systems" to help people read and post. What do you think?
Thanks for your links and posts.
OP
OP
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The end-lines of each claim shall be parallel to each other.
Hello
Forgot to point out in Act of May 10, (Mining Law of 1872) page 1 Section 2320 (30 U.S.C. 23) last sentence states:
Hello
Forgot to point out in Act of May 10, (Mining Law of 1872) page 1 Section 2320 (30 U.S.C. 23) last sentence states:
Thank you.
Bejay
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Thanks Clay...I was awaiting your conveyance of factual LAW. As always
QUOTE=Clay Diggins;5433940]Without the facts small miners will continue to be blind men attempting to assemble the truth from small bits of string and internet rumors. This has become a very real problem wasting the limited resources of small miners. You don't need to be blind - there are verifiable facts in the form of laws passed by Congress. Read the law and not the rumor. Open your eyes to the facts and leave the bits of string and internet rumors where you found them, they are dirty and only will only take you off the path of real knowledge.
The USC does not have the actual text of the 1872 Mining Act as passed by Congress.
The Revised Statutes do not have the actual text of the 1872 Mining Act as passed by Congress.
The Jefferson Mining District links do not have the actual text of any of the Mining Acts as passed by Congress.
The actual wording of the Mining Act really does matter. USC Title 30 where the Mining Laws are classified has never been enacted as law. Like the rest of the USC it is only evidence of the law and is not the actual law itself.
From the publishers of the USC:
So here are the facts and the actual law as passed by Congress:
The 1872 Mining Act being discussed is clearly titled:
An Act to promote the Development of the mining Resources of the United States
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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 that 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. 2. That mining-claims upon veins 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 passage of this act, whether located by one or more persons, may equal, but shall not exceed, one thousand and 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 by any mining regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing at the passage of this act shall render such limitation necessary. The end-lines of each claim shall be parallel to each other.
SEC. 3. That the locators of all mining locations heretofore made, or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists at the passage of this act, so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with said laws of the United States governing their possessory title, shall have the exclusive right of 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 said surface locations: Provided, That their right of possession to such outside parts of said veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as aforesaid, through the endlines of their locations. so continued in their own direction that such planes will intersect such exterior parts of said veins or ledges: And provided further, That 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.
SEC. 4. That where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof not previously known to exist; discovered in such tunnel, to the same extent as if discovered from the surface; and locations on the line of such tunnel 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 as an abandonment of the right to all undiscovered veins on the line of said tunnel.
SEC. 5. That the miners of each mining district may make rules 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: 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 passage of this act, and until a patent shall have been issued therefor, 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 passage of this act, ten dollars' worth of labor shall be performed or improvements made each year for each one hundred feet in length along the vein until a patent shall have been issued therefore; but where such claims are held in 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 had ever been made: Provided, That the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after such failure and before such location. Upon the failure of any one of several co-owners to contribute his proportion of the expenditures required by this act, 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 to comply with this act his interest in the claim shall become the property of his co-owners who have made the required expenditures.
SEC. 6. That a patent for any land claimed and located for valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under this act, having claimed and located a piece of land for such purposes, who has or have complied with the terms of this act, 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 surveyor-general, 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 file an affidavit of at least two persons that such notice has been duly posted as aforesaid, and shall file a copy of said notice in such land-office, and shall thereupon be entitled to a patent for said 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 said 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 his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during said 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 this act.
SEC. 7. That where an adverse claim shall be filed during the period of publication, it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse is claim, and all proceedings, except the publication of notice and making and 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 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 required in other cases, and shall pay to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedinga 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 court, to rightly possess. If it shall appear 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 sball issue to the several parties according to their respective rights. Proof of citizenship under this act, or the acts of July twenty-sixth, eighteen hundred and sixty-six, and July ninth, eighteen hundred and seventy, in the case of an individual, may consist of his own affidavit thereof, and in case of an association of persons unincorporated, of the affidavit of their anthorized agent, made on his own knowledge or upon information and belief, and in case of a corporation organized under the laws of the United States, or of any State or Territory of the United States, by the filing of a certifted copy of their charter or certificate of incorporation; and 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.
SEC. 8. That the description of vein or lode claims, upon surveyed lands, shall designate the location of the claim with reference to the lines of the public surveys, but need not conform therewith; but where a patent shall be issued as aforesaid for claims upon unsurveyed lands, the surveyor-general, 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.
SEC. 9. That sections one, two, three, four, and six of an act entitled "An act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July twenty-sixth, eighteen-hundred and sixty-six, are hereby repealed, but such repeal shall not affect existing rights. Applications for patents for mining-claims now pending may be prosecuted to a final decision in the general land office; but in such cases where adverse rights are not affected thereby, patents may issue in pursuance of the provisions of this act; and all patents for mining-claims heretofore issued under the act of July twenty-sixth, eighteen hundred and sixty-six, shall convey all the rights and privileges conferred by this act where no adverse rights exist at the time of the passage of this act.
SEC. 10. That the act entitled "An act to amend an act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July ninth, ejghteen hundred and seventy, shall be and remain in full force, except as to the proceedings to obtain a patent, which shall be similar to the proceedings prescribed by sections six and seven of this act for obtaining patents to vein or lode claims; but where said placer-claims shall be upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer mining-claims hereafter located shall conform as near as practicable with the 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 such claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands: Provided, That proceedings now pending may be prosecuted to their final determination under existing laws; but the provisions of this act, when not in conflict with existing laws, shall apply to such cases: And provided also, That where by the segregation of mineral land in any legal subdivision a quantity of agricultural land less than forty acres remains, said fractional portion of agricultural land may be entered by any party qualified by law, for homestead or pre-emption purposes.
SEC. 11. That where the same person, association, or corporation is in possession of a placer-claim, and also a vein or lode included within the boundaries thereof; application shall be made for a patent for the placer or lode claim, with the statement that it includes such vein or lode, and in such case (subject to the provisions of this act and the act entitled "An act to amend an act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July eighteen hundred and seventy) a patent shall issue for the placer-claim, 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 the second section of this act, is known to exist within the boundaries of a placer-claim, all 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 placer-claim has no right of possession 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.
SEC. 12. That the surveyor-general of the United States may appoint in each land district containing mineral lands as many competent surveyors as shall apply for appointment to survey mining-claims. The expenses of the survey of vein or lode claims, and the survey and subdivision of placer-claims into smaller quantities than one hundred and sixty acres, together with the cost of publication of notices, shall be paid by 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 notices under this act; 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 said applicant for publication and surveys, Applicant to 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. The fees of the register and the receiver shall be five dollars each for filing and acting upon each application for patent or adverse claim filed, and they shall be allowed the amount fixed by law for reducing testimony to writing, when done in the land-office, such fees and allowances to be paid by the respective parties; and no other fees shall be charged by them in such cases. Nothing in this act shall be construed to enlarge or affect the rights of either party in regard to any property in controversy at the time of the passage of this act, or of the act entitled "An act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July twenty-sixth, eighteen hundred and sixty-six, nor shall this act affect any right acquired under said act; and nothing in this act shall be construed to repeal, impair, or in any way affect the provisions of the act entitled "An act granting to A. Sutro the right of way, and other privileges to aid in the construction of a draining and exploring tunnel to the Comstock lode, in the State of Nevada," approved July twenty-fifth, eighteen hundred and sixty-six.
SEC. 13. That all affidavits required to be made under this act, or the act of which it is amendatory, may be verified before any officer authorized to administer oaths within the land-district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if 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 said 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.
SEC. 14. That where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection: Provided, however, That the subsequent location shall have the right of way through said space of intersection for the purposes of the convenient working of the said mine: And provided also, That 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.
SEC. 15. That 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 the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable under this act to veins or lodes: Provided, That 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 hed by this act 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. 16. That all acts and parts of acts inconsistent herewith are hereby repealed: Provided, That nothing contained in this act shall be construed to impair, in any way, rights or interests in mining property acquired under existing laws.
APPROVED, May 10, 1872.
Educate yourself and prosper!
Heavy Pans
You can download and read the whole complete text of the 1872 Mining Act HERE.
If you have trouble downloading or you can't read the PDF here is the entire 1872 Mining Act as passed by Congress and signed by the President:
Educate yourself and prosper!
Heavy Pans[/QUOTE]
QUOTE=Clay Diggins;5433940]Without the facts small miners will continue to be blind men attempting to assemble the truth from small bits of string and internet rumors. This has become a very real problem wasting the limited resources of small miners. You don't need to be blind - there are verifiable facts in the form of laws passed by Congress. Read the law and not the rumor. Open your eyes to the facts and leave the bits of string and internet rumors where you found them, they are dirty and only will only take you off the path of real knowledge.
The USC does not have the actual text of the 1872 Mining Act as passed by Congress.
The Revised Statutes do not have the actual text of the 1872 Mining Act as passed by Congress.
The Jefferson Mining District links do not have the actual text of any of the Mining Acts as passed by Congress.
The actual wording of the Mining Act really does matter. USC Title 30 where the Mining Laws are classified has never been enacted as law. Like the rest of the USC it is only evidence of the law and is not the actual law itself.
From the publishers of the USC:
So here are the facts and the actual law as passed by Congress:
The 1872 Mining Act being discussed is clearly titled:
An Act to promote the Development of the mining Resources of the United States
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That 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 that 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. 2. That mining-claims upon veins 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 passage of this act, whether located by one or more persons, may equal, but shall not exceed, one thousand and 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 by any mining regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing at the passage of this act shall render such limitation necessary. The end-lines of each claim shall be parallel to each other.
SEC. 3. That the locators of all mining locations heretofore made, or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists at the passage of this act, so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with said laws of the United States governing their possessory title, shall have the exclusive right of 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 said surface locations: Provided, That their right of possession to such outside parts of said veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as aforesaid, through the endlines of their locations. so continued in their own direction that such planes will intersect such exterior parts of said veins or ledges: And provided further, That 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.
SEC. 4. That where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof not previously known to exist; discovered in such tunnel, to the same extent as if discovered from the surface; and locations on the line of such tunnel 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 as an abandonment of the right to all undiscovered veins on the line of said tunnel.
SEC. 5. That the miners of each mining district may make rules 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: 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 passage of this act, and until a patent shall have been issued therefor, 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 passage of this act, ten dollars' worth of labor shall be performed or improvements made each year for each one hundred feet in length along the vein until a patent shall have been issued therefore; but where such claims are held in 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 had ever been made: Provided, That the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after such failure and before such location. Upon the failure of any one of several co-owners to contribute his proportion of the expenditures required by this act, 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 to comply with this act his interest in the claim shall become the property of his co-owners who have made the required expenditures.
SEC. 6. That a patent for any land claimed and located for valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under this act, having claimed and located a piece of land for such purposes, who has or have complied with the terms of this act, 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 surveyor-general, 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 file an affidavit of at least two persons that such notice has been duly posted as aforesaid, and shall file a copy of said notice in such land-office, and shall thereupon be entitled to a patent for said 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 said 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 his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during said 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 this act.
SEC. 7. That where an adverse claim shall be filed during the period of publication, it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse is claim, and all proceedings, except the publication of notice and making and 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 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 required in other cases, and shall pay to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedinga 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 court, to rightly possess. If it shall appear 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 sball issue to the several parties according to their respective rights. Proof of citizenship under this act, or the acts of July twenty-sixth, eighteen hundred and sixty-six, and July ninth, eighteen hundred and seventy, in the case of an individual, may consist of his own affidavit thereof, and in case of an association of persons unincorporated, of the affidavit of their anthorized agent, made on his own knowledge or upon information and belief, and in case of a corporation organized under the laws of the United States, or of any State or Territory of the United States, by the filing of a certifted copy of their charter or certificate of incorporation; and 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.
SEC. 8. That the description of vein or lode claims, upon surveyed lands, shall designate the location of the claim with reference to the lines of the public surveys, but need not conform therewith; but where a patent shall be issued as aforesaid for claims upon unsurveyed lands, the surveyor-general, 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.
SEC. 9. That sections one, two, three, four, and six of an act entitled "An act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July twenty-sixth, eighteen-hundred and sixty-six, are hereby repealed, but such repeal shall not affect existing rights. Applications for patents for mining-claims now pending may be prosecuted to a final decision in the general land office; but in such cases where adverse rights are not affected thereby, patents may issue in pursuance of the provisions of this act; and all patents for mining-claims heretofore issued under the act of July twenty-sixth, eighteen hundred and sixty-six, shall convey all the rights and privileges conferred by this act where no adverse rights exist at the time of the passage of this act.
SEC. 10. That the act entitled "An act to amend an act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July ninth, ejghteen hundred and seventy, shall be and remain in full force, except as to the proceedings to obtain a patent, which shall be similar to the proceedings prescribed by sections six and seven of this act for obtaining patents to vein or lode claims; but where said placer-claims shall be upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer mining-claims hereafter located shall conform as near as practicable with the 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 such claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands: Provided, That proceedings now pending may be prosecuted to their final determination under existing laws; but the provisions of this act, when not in conflict with existing laws, shall apply to such cases: And provided also, That where by the segregation of mineral land in any legal subdivision a quantity of agricultural land less than forty acres remains, said fractional portion of agricultural land may be entered by any party qualified by law, for homestead or pre-emption purposes.
SEC. 11. That where the same person, association, or corporation is in possession of a placer-claim, and also a vein or lode included within the boundaries thereof; application shall be made for a patent for the placer or lode claim, with the statement that it includes such vein or lode, and in such case (subject to the provisions of this act and the act entitled "An act to amend an act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July eighteen hundred and seventy) a patent shall issue for the placer-claim, 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 the second section of this act, is known to exist within the boundaries of a placer-claim, all 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 placer-claim has no right of possession 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.
SEC. 12. That the surveyor-general of the United States may appoint in each land district containing mineral lands as many competent surveyors as shall apply for appointment to survey mining-claims. The expenses of the survey of vein or lode claims, and the survey and subdivision of placer-claims into smaller quantities than one hundred and sixty acres, together with the cost of publication of notices, shall be paid by 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 notices under this act; 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 said applicant for publication and surveys, Applicant to 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. The fees of the register and the receiver shall be five dollars each for filing and acting upon each application for patent or adverse claim filed, and they shall be allowed the amount fixed by law for reducing testimony to writing, when done in the land-office, such fees and allowances to be paid by the respective parties; and no other fees shall be charged by them in such cases. Nothing in this act shall be construed to enlarge or affect the rights of either party in regard to any property in controversy at the time of the passage of this act, or of the act entitled "An act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July twenty-sixth, eighteen hundred and sixty-six, nor shall this act affect any right acquired under said act; and nothing in this act shall be construed to repeal, impair, or in any way affect the provisions of the act entitled "An act granting to A. Sutro the right of way, and other privileges to aid in the construction of a draining and exploring tunnel to the Comstock lode, in the State of Nevada," approved July twenty-fifth, eighteen hundred and sixty-six.
SEC. 13. That all affidavits required to be made under this act, or the act of which it is amendatory, may be verified before any officer authorized to administer oaths within the land-district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if 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 said 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.
SEC. 14. That where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection: Provided, however, That the subsequent location shall have the right of way through said space of intersection for the purposes of the convenient working of the said mine: And provided also, That 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.
SEC. 15. That 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 the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable under this act to veins or lodes: Provided, That 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 hed by this act 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. 16. That all acts and parts of acts inconsistent herewith are hereby repealed: Provided, That nothing contained in this act shall be construed to impair, in any way, rights or interests in mining property acquired under existing laws.
APPROVED, May 10, 1872.
Educate yourself and prosper!
Heavy Pans
You can download and read the whole complete text of the 1872 Mining Act HERE.
If you have trouble downloading or you can't read the PDF here is the entire 1872 Mining Act as passed by Congress and signed by the President:
Educate yourself and prosper!
Heavy Pans[/QUOTE]
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Underburden
Sr. Member
I have never seen such a conglomerate of wanna-be lawyers.
OP
OP
Assembler
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Topic thread
Only the last sentence of section 2 of An Act to promote the Development of the mining Resources of the United States is on the core topic thread as far as this one reads.
Thanks for everyone input. Do people now want to shift this thread to the topic of other types of "Surveys"?
Great point and thank you for making. It is a good thing that people are posting links as this can help anyone.
Only the last sentence of section 2 of An Act to promote the Development of the mining Resources of the United States is on the core topic thread as far as this one reads.
Thanks for everyone input. Do people now want to shift this thread to the topic of other types of "Surveys"?
M.E.G.
Sr. Member
- Apr 25, 2014
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- All Treasure Hunting
QUOTE=Clay Diggins;5433940]
The Jefferson Mining District links do not have the actual text of any of the Mining Acts as passed by Congress.
[/QUOTE]
Any?
That's interesting, because a lot of those Acts were gotten off the website Library provided by Congress.
So Clay doesn't want to contact Jefferson with his concerns but tries only to play one-upmanship?
How is that helping any one?
This one-upmanshipping seems to be straining at something not hardly any miner uses correctly against problems no miner actually understands which those at Jefferson Mining District are the only ones, apparently, addressing.
The Rinehart matter is proof miner's don't have a clue that the attack methods have moved well beyond the mining law.
What's Clay done to expose and counter that?
None of this law is going to matter if we don't stop those intent on stealing it from us.
Clay should contact Jefferson Mining District with his concerns so that any discrepancies can be worked out, as with any other potential errors found.
That would have been the respectable thing to do, contributing to solutions not division.
The Jefferson Mining District links do not have the actual text of any of the Mining Acts as passed by Congress.
[/QUOTE]
Any?
That's interesting, because a lot of those Acts were gotten off the website Library provided by Congress.
So Clay doesn't want to contact Jefferson with his concerns but tries only to play one-upmanship?
How is that helping any one?
This one-upmanshipping seems to be straining at something not hardly any miner uses correctly against problems no miner actually understands which those at Jefferson Mining District are the only ones, apparently, addressing.
The Rinehart matter is proof miner's don't have a clue that the attack methods have moved well beyond the mining law.
What's Clay done to expose and counter that?
None of this law is going to matter if we don't stop those intent on stealing it from us.
Clay should contact Jefferson Mining District with his concerns so that any discrepancies can be worked out, as with any other potential errors found.
That would have been the respectable thing to do, contributing to solutions not division.
We have spoken before MEG. You have had and still have the opportunity to learn what I have done to assist small miners for nearly 35 years. I didn't see you in the Congressional hearings when I was lobbying (successfully) to keep the public lands free and open. I don't recall seeing you at the IBLA, but I have read your case. Maybe that's why you don't know about my history of helping miners - you weren't there? I am well aware of your long commitment and advocacy. The fact that we choose different venues doesn't mean the work doesn't go on.
The "laws" you offer on the Jefferson site are not the law as enrolled. As I'm sure you know only bills that have passed both houses of Congress and have cured for 10 days or been signed by the President are law. The "1872 Act" offered on the Jefferson site is a Senate Journal entry of a proposed Amendment being passed back into committee. It is not a law but a snapshot of the process of a bill going through the legislative process, that's why it's titled H.R. 1016 (House Resolution) and clearly marked "AMENDMENT" instead of "An Act ...". Notice that the date is April 1, 1872? The final law after it had gone through the committee on Mines and Mining and been approved by the House was passed more than a month later on May 10th. What you offer on the Jefferson site is not a law it's a Senate Journal entry. The other "laws" I've viewed you have for download there are similarly lacking in the elements of law.
What is presented as "law" on the Jefferson website is one of the reasons I helped found Land Matters and continue to volunteer my time and donate resources there. I saw what was presented as "law", fact and analysis there and many other places as being insufficient and often misleading and unusable. Combine that with the fact that public information has slowly been made less available to the same public who pay for it and there is an obvious need for a group to step in and do the job. Land Matters is a non profit educational organization. Land Matters was founded to provide vetted and accessible information for all land users. Land Matters is not an advocacy group (there are many of those) nor is it a political organization. The founders of Land Matters believe that given concrete verifiable facts small miners and all land users can make sensible informed decisions about their own affairs. Knowledge is power and in my personal experience a few people with real knowledge can accomplish as much, if not more, than all the advocacy groups available.
Things like the fact that no one had transcribed the actual mining acts into a format where the public could not only read the law but actually copy and paste from a verified copy of the law really left land users with only a theoretical fundamental right with no way to use and understand their own laws. The government and the private sector have failed in educating the people in my opinion and I personally feel that without a common basis of knowledge of fundamental law the people have no defense against the constant incursions on their freedoms. That's why I now volunteer for education rather than spending my time and money fighting dozens of court battles. I'm too old and and a little to wise to spend my efforts putting out little fires anymore, I want to give all men the knowledge to be firemen so we can live without the fires.
I could spend my energy contacting Jefferson and PLP and MMAC and etc. and etc. and forever correcting the legal misconceptions they continue to offer on their websites but I don't have the time or inclination to be a net nanny for advocacy organizations. You seem to want to make that into a moral shortcoming or a dishonor to those who advocate for miner's rights. That's your opinion - as you've noticed everyone on the internet has one or more opinions and in my mind each of you are welcome to express your opinion. For myself I think I've made my motivations clear and my actions certainly are in harmony with my stated intentions.
If you visit the Library at Land Matters you will find many thousands of interesting and valuable books and writings - many of them on mining and mining law. The Library grows daily and every document is vetted for source, authenticity and copyright as well as being OCR and formatted so each document takes quite a bit of time before it's ready for Land Matters users. All written Library items text can be downloaded, copied and searched. There are no Senate Journals but I hope one day to provide more history on the creation of the mining laws. If you would like to see an item added to the Library just send an email or use the Contact form on the website. I've moved less than 10% of my mining law collection into the Library so far so if you prefer to wait I'm sure eventually you will find virtually any document you may be looking for.
Educate yourself and Prosper!
Heavy Pans
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chlsbrns I've Had enough of your attacking Members & making accusations.
Think about this for the next 2 Weeks
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M.E.G.
Sr. Member
- Apr 25, 2014
- 498
- 875
- Primary Interest:
- All Treasure Hunting
We have spoken before MEG. You have had and still have the opportunity to learn what I have done to assist small miners for nearly 35 years. I didn't see you in the Congressional hearings when I was lobbying (successfully) to keep the public lands free and open. I don't recall seeing you at the IBLA, but I have read your case. Maybe that's why you don't know about my history of helping miners - you weren't there? I am well aware of your long commitment and advocacy. The fact that we choose different venues doesn't mean the work doesn't go on.
The "laws" you offer on the Jefferson site are not the law as enrolled. As I'm sure you know only bills that have passed both houses of Congress and have cured for 10 days or been signed by the President are law. The "1872 Act" offered on the Jefferson site is a Senate Journal entry of a proposed Amendment being passed back into committee. It is not a law but a snapshot of the process of a bill going through the legislative process, that's why it's titled H.R. 1016 (House Resolution) and clearly marked "AMENDMENT" instead of "An Act ...". Notice that the date is April 1, 1872? The final law after it had gone through the committee on Mines and Mining and been approved by the House was passed more than a month later on May 10th. What you offer on the Jefferson site is not a law it's a Senate Journal entry. The other "laws" I've viewed you have for download there are similarly lacking in the elements of law.
What is presented as "law" on the Jefferson website is one of the reasons I helped found Land Matters and continue to volunteer my time and donate resources there. I saw what was presented as "law", fact and analysis there and many other places as being insufficient and often misleading and unusable. Combine that with the fact that public information has slowly been made less available to the same public who pay for it and there is an obvious need for a group to step in and do the job. Land Matters is a non profit educational organization. Land Matters was founded to provide vetted and accessible information for all land users. Land Matters is not an advocacy group (there are many of those) nor is it a political organization. The founders of Land Matters believe that given concrete verifiable facts small miners and all land users can make sensible informed decisions about their own affairs. Knowledge is power and in my personal experience a few people with real knowledge can accomplish as much, if not more, than all the advocacy groups available.
Things like the fact that no one had transcribed the actual mining acts into a format where the public could not only read the law but actually copy and paste from a verified copy of the law really left land users with only a theoretical fundamental right with no way to use and understand their own laws. The government and the private sector have failed in educating the people in my opinion and I personally feel that without a common basis of knowledge of fundamental law the people have no defense against the constant incursions on their freedoms. That's why I now volunteer for education rather than spending my time and money fighting dozens of court battles. I'm too old and and a little to wise to spend my efforts putting out little fires anymore, I want to give all men the knowledge to be firemen so we can live without the fires.
I could spend my energy contacting Jefferson and PLP and MMAC and etc. and etc. and forever correcting the legal misconceptions they continue to offer on their websites but I don't have the time or inclination to be a net nanny for advocacy organizations. You seem to want to make that into a moral shortcoming or a dishonor to those who advocate for miner's rights. That's your opinion - as you've noticed everyone on the internet has one or more opinions and in my mind each of you are welcome to express your opinion. For myself I think I've made my motivations clear and my actions certainly are in harmony with my stated intentions.
If you visit the Library at Land Matters you will find many thousands of interesting and valuable books and writings - many of them on mining and mining law. The Library grows daily and every document is vetted for source, authenticity and copyright as well as being OCR and formatted so each document takes quite a bit of time before it's ready for Land Matters users. All written Library items text can be downloaded, copied and searched. There are no Senate Journals but I hope one day to provide more history on the creation of the mining laws. If you would like to see an item added to the Library just send an email or use the Contact form on the website. I've moved less than 10% of my mining law collection into the Library so far so if you prefer to wait I'm sure eventually you will find virtually any document you may be looking for.
Educate yourself and Prosper!
Heavy Pans
The content on the Jefferson Mining District website are from contributions of grantees of what they found and had available. It gets updated as need is found. For years there was no other such resource for the miner. NONE. You wouldn't even embrace that.
We spoke and you said you wanted to work together. Nothing ever came of it. The website went up and nothing more ever came of it from you, while you contributed to others. Instead, years later, what we see you do is strain-at-gnats about the content and otherwise supporting people and issues that serve the miner nothing. Serve-us-up more like it. That's not an opinion.
Those April Act gifs are all that was available at the time. Years ago, the May 10 Act tifs wouldn't post in a browser properly. Not sure why the May 10 Act PDF link to the Library of Congress is not adequate. Why isn't the Library of Congress link adequate?
Moreover, you were available early on when the JMD website first posted to make suggestions and you didn't. Not sure why you are opposed to the posting of the April HR Act for an historic context, even though later in your post you say you'd like to add more Senate journals to your site. The April bill image is from a House Journal posted before anyone knew there was such a thing. Nor has it been shown anyone relied upon that House journal to their harm, notwithstanding everyone is required to do their own due diligence. Nor did you offer to work together to help the website in any shortcomings you found by contributing better, since 2011. No, you chose to wait, YEARS, then to make some excuse you weren't going to be someone's nanny, aggrandizing yourself, then denigrate an organization you can't/won't understand and whose purpose is to protect producers and is doing so; If ever so slowly. And your condemnation comes while you promote known, admitted, adversaries to the gantee. These are not opinions. No, these are things you don't agree with so they are mere opinions to you.
The lobbying has gotten us where? And now you say you've confined your activities to merely educating men, avoiding less fruitful activities . . . — such as lobbying? Your condemnation extends to, but you still fail to read the footnote of, the IBLA case which proves that decision is fraudulent. And which IBLA case? The First Fraud or the Second where the AGENCY APPEALED ITS OWN DECISION when it got caught on a continuation of the of First Fraud you conveniently ignore, to your self-promotion. But because you don't speak to this institutional corruption, instead aggrandizing yourself at the expense of others, you don't also know that destructive corruption is the tell-tale sign of one of the things miners are up against inside a government system you seem to regard so highly. It reared its ugly head again in Sugar Pine and no one seems to have seen it. That was a setup and the miners fell right into the trap, just like Rinehart; Improper interaction with the agencies. The Sugar Pine case is still held up just as predicted, by no one else, it would be. That's not an opinion.
Land Matters may be a non-profit educational organization, but Jefferson Mining District is a miner's government which panders, not even for having the most perfect info, to no one to fulfill its purpose. Jefferson Mining District is not like PLP, Land Matters, MMAC, or any of the other legal entity, or even non-profit "mining districts" currently claiming to help miners or ineffectually fighting lawsuits, for a steep price. While your goals may be similar in providing miners with the knowledge they need, only a genuine miner's government like Jefferson Mining District can avail itself of additional tools in law, laws outside of the General Mining Law, to combat what attacks miners and other producers. Until Jefferson Mining District, there has been nothing like it or what it provides or can provide, and since. When miners understand this or replicate it we will begin to turn the tide. Your website, PLP, MMAC, or others aren't going to do it. Only the grantee can do this. The info might help, but it will take grantees taking proper action, unlike what has been going on. Regarding this, the 1872 of what ever perfect transcription on any website is irrelevant in the first instance.
In this regard, being both websites seek to inform the miners, BOTH are apparently failing to get them to properly apply the information or read the agency rules which can protect them as well. And as stated earlier, the 1872 is not going to save Rinehart when he agreed to a permit regime no law required him to get but a conflict-of-interest attorney sold him into. Maybe the Supreme Court will see that. And when he didn't take advice from any content at Jefferson Mining District, which includes audio on why and how NO miner is required to file a NOI, POO, bond or other permission to develop his valuable mineral deposit bringing him under state scrutiny. Or didn't contact any in its Assembly for help, or failed to heed any of the promoted exquisitely perfect info at Land Matters. He took advice from an attorney who sold him down the river with bad advice, of which no mining law could protect him, unless the Supreme Court sees through that. Your lobbying certainly did nothing to stop Sugar Pine mine or the like fiasco in Rinehart. Any proven methods I've show to miners how to avoid these pitfalls fall on deaf ears who find themselves in trouble. We both fail but for no cause of our own. See, no amount of accurate transcription of the pristine 1872 enactment will save someone not following even agency rules precluding regulation upon them but agreeing to be subject because some attorney or know- it-all opinion says otherwise. Even the agency rules, which saves the 1872, amending, say otherwise even if it weren't posted to any website, however perfectly represented.
Jefferson Mining District just doesn't provide information, which apparently rubs you the wrong way, which you could have a hand in making more perfect. Among more, it advocates miners make a correct record showing agencies have no authority by their own rules, avoiding lawsuits. This rubs raw anyone looking for case precedent. There is no case to serve as precedence when done properly. Anyone interested and follows-through can be shown what is required through proven methods. In most agency impositions there is no need to reference the 1872 to show the agency is without authority. The agency rules say so. The information on the JMD website is posted for and used daily by Assemblymen in resolving problems that miners, county officials, or any others have, what ever your misgivings are, however incomplete. The website is a tool for those who know how, and which serves them well. So your one-upmanship or vilification of Jefferson Mining District or its website content is unwarranted.
I certainly commend your work to bring quality information, but not at the expense of a unique organization such as Jefferson Mining District which very few, apparently understand. When you finally find out what miners are actually up against, then maybe you will finally see why Jefferson Mining District was formed and what it has done, such as its default judgment in federal court, does, and is attempting to do. The more miners stepping up to help that work the faster it gets accomplished to protect miners and other producers.
Being most miners appear to want to let someone else deal with their problems, our education efforts may be in vain. However, being a mutli-dimensional front, properly educating more than the miners and showing proper application of law is required to turn and is turning this around. JMD Assemblymen have turned their attention to this task as well. The law empowers the miner's government to do that with force of law, not opinion; A power the PLP, MMAC, MMAC-strapped “mining districts” and fed agency, and others are attempting to subvert but which none can fulfill.
If you knew of some oversight on the Jefferson Mining District website, all you had to do was contact the chairman or the district recorder. Being the respectable thing to do, and so we can maintain focus on more important matters while bringing miners the best information possible wherever that may find it, maybe that avenue of contact, review, and satisfaction can happen in the future?
What other Acts would you like to see added and from which authoritative source?
MEG2
Bejay
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In all honesty, I fail to see where you fail to observe that the issue has been resolved in the earlier thread discussion, and been made clear. My immediate posting on the thread had key words; that being " as near a practicable". If one studies the reasoning for the Act to conform placers it became obvious that some method of establishing meaningful representations for placer locations was a "MUST". The Government land survey system is an enabler for pubic record location notification. As can be seen upon comparing lode locations vs placer the lode is more specific on line orientation as opposed to placer (one can often see placer locations utilizing other forms of location)
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Hello
One may want to read in almost every Manual of SURVEYING INSTRUCTIONS about "Mineral Surveys" the following:
One may want to read in almost every Manual of SURVEYING INSTRUCTIONS about "Mineral Surveys" the following:
Anyone want to talk about "protection of his right, conformation impracticable" as well as "Conformed to the public survey"?
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I think I see the confusion now. There are two different meanings to the "mineral survey" term being discussed. One pertains to application for patent and the other to location. It seems this thread has taken on two different perceptions pertaining to the applicable use of the terms. The Acts bring forth both applications (in a way). The 1872 Act brings forth the "location" survey issue derived from the failure of the geographical location of Placers occurring at the height of the Calif Gold Rush (overclaiming issues)....as noted in the Placer Act....which was codified in the 1872 Act......addressing all three mining Acts.
The 1872 Act also brings forth the "patent issue" that now requires mineral surveys codifying the "prudent man" requirement.
One is a locational process and the other a verification process of mineral worthiness.
I think I am following the discussion and understand how it gets confused from the get go!
Bejay
The 1872 Act also brings forth the "patent issue" that now requires mineral surveys codifying the "prudent man" requirement.
One is a locational process and the other a verification process of mineral worthiness.
I think I am following the discussion and understand how it gets confused from the get go!
Bejay
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Of course one must understand that "words" have meaning but different utilization per the specific issue in which they are applied. I have not attempted to become expert in "Patent" pertaining to "locatables"mineral claims. The "patent" process was put on hold; due to an overabundance of applications, and the inability of the Gov to address them.....(that was their official excuse, but I believe we can read further into the intent..IMHO). Some locatable mineral patents are still being issued...but they are few and far between and require extensive requirements by the applicant.
The " made and reported is to be an actual survey on the ground in full detail" addresses the requirement of the locator to show that all the "claimed" location is not merely excess lands wanting deed. Further it goes on to address the requirement of the Gov Agency (Inspector if you will) to fulfill a current determination.
The lines issue again is intended to insure that the claimant is not merely trying to acquire excess land. If one researches recent past pre 1994 applications it was obvious that people were attempting to acquire lands (via patent) with little to no mineral worthiness.
Again there are two applicational aspects pertaining to mineral location. One can often see placer claims not simply aligned with section, quarter section , etc dimensions (gov survey) but rather utilizing diagonal and angles of degree etc lines.....but most often aligned in some manner with the Gov survey system (Sections).
I am trying to keep this in simple terms for clarity and understanding. But I am curious as to your inquiries within this thread. Are you seeking a clear understanding of Patent Process or Physical Location.
Clay posted the specific Congressional law language but it does not get into the specific meaning of each part of the Act. The 1872 Act MUST be studied in it's entirety...line by line and paragraph by paragraph; utilizing a dictionary that was used back when the Act(s) were written to fully understand and comprehend each Act.
If you would like to learn the specifics about the Acts please go to the "Classroom" on americanmininglawforum.myfastforum.org
http://americanmininglawforum.myfastforum.org/index.php
You will have to log in but the discussion gets into the specifics of each Act.
Bejay
The " made and reported is to be an actual survey on the ground in full detail" addresses the requirement of the locator to show that all the "claimed" location is not merely excess lands wanting deed. Further it goes on to address the requirement of the Gov Agency (Inspector if you will) to fulfill a current determination.
The lines issue again is intended to insure that the claimant is not merely trying to acquire excess land. If one researches recent past pre 1994 applications it was obvious that people were attempting to acquire lands (via patent) with little to no mineral worthiness.
Again there are two applicational aspects pertaining to mineral location. One can often see placer claims not simply aligned with section, quarter section , etc dimensions (gov survey) but rather utilizing diagonal and angles of degree etc lines.....but most often aligned in some manner with the Gov survey system (Sections).
I am trying to keep this in simple terms for clarity and understanding. But I am curious as to your inquiries within this thread. Are you seeking a clear understanding of Patent Process or Physical Location.
Clay posted the specific Congressional law language but it does not get into the specific meaning of each part of the Act. The 1872 Act MUST be studied in it's entirety...line by line and paragraph by paragraph; utilizing a dictionary that was used back when the Act(s) were written to fully understand and comprehend each Act.
If you would like to learn the specifics about the Acts please go to the "Classroom" on americanmininglawforum.myfastforum.org
http://americanmininglawforum.myfastforum.org/index.php
You will have to log in but the discussion gets into the specifics of each Act.
Bejay
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It is the job of the "Mineral Surveyor" to know the "Rectangular limits".
Hello
It is the job of the "Mineral Surveyor" to know the "Rectangular limits" and thus:
The "Officers are still there" just one may have to fund it out of there own 'Pocket' in a large way.
Hello
It is the job of the "Mineral Surveyor" to know the "Rectangular limits" and thus:
There may not be as much need to study all the details as one may think is needed as there is "Instructions for Surveyors" now in "Place" as well it is a "Recognized by the Courts".
The "Officers are still there" just one may have to fund it out of there own 'Pocket' in a large way.
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