May 10, 1872 Act conformity of placer claims to the public land surveys.

[Assembler]

Topic May 10, 1872 Act:

Section 2331 of the Revised Statutes(30 U.S.C. 35)provides that all placer-mining claims located after May 10, 1872, shall conform as nearly as practicable with the United States system of public land surveys and the rectangular subdivisions of such surveys, and such locations shall not include more than 20 acres for each individual claimant.
Conformity of placer claims to the public land surveys.
(a) All placer-mining claims located after May 10, 1872, shall conform as near as practicable with the United States system of public-land surveys and the rectangular subdivisions of such Surveys, whether the locations are upon Surveyed or unsurveyed lands.
(b) Conformity to the public-land Surveys and the rectangular subdivisions thereof will not be required where compliance with such requirement would necessitate the placing of the lines there of upon other prior located claims or where the claim is surrounded by prior locations.

 

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[Rail Dawg]

Land Matters is developing tools to help you find those Patents, Surveys and Survey Field Notes. Coming soon!

Heavy Pans

I donate to Land Matters on a regular basis.

Great resource!

 

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[Assembler]

“Descriptive reports”?

Hello
What percentage of "Placer claims" have a “Descriptive reports”?
If one takes a look at page 731 section 729 (1947 Manual) one will find:

The mineral surveyor is required to make a full examination of all placer claims at the time of survey (43 CFR 185.73) and to file with his descriptive report, under oath, duly corroborated by one or more disinterested persons and covering the following items.

Then there is a list of 8 items.

 

[Assembler]

"Mining Districts"

Hello
What percentage of "Placer claims" have a “Descriptive reports”?
If one takes a look at page 731 section 729 (1947 Manual) one will find:

Then there is a list of 8 items.

This is an example of the research needed to help make the "Mining districts" more 'Active with non-recreational miners' today. The 'Fear of mining' can also be reduced.

 

[Goldwasher]

Hello
What percentage of "Placer claims" have a “Descriptive reports”?
If one takes a look at page 731 section 729 (1947 Manual) one will find:

Then there is a list of 8 items.

only ones that are being perfected.

or Patented property. Which is no longer a claim. so that would be a 0%

The descriptive report are the notes and description of the mineral survey.

We have already talked about the who, where and why of mineral surveys.

Patented claims do not belong to mining districts. Mining districts don't affect how a claim is patented or if it can or will be.

your running in weird little circles it isn't really helpful.

 

[Assembler]

Great points

only ones that are being perfected.

or Patented property. Which is no longer a claim. so that would be a 0%

The descriptive report are the notes and description of the mineral survey.

We have already talked about the who, where and why of mineral surveys.

Patented claims do not belong to mining districts. Mining districts don't affect how a claim is patented or if it can or will be.

your running in weird little circles it isn't really helpful.

Very good points can you share some more details?
There has been some 'Where and why of mineral surveys' pointed out however not reading much about the "Who" unless this one missed that so far. Feel free to expand more on the 'Who and where' if you like.
The "Public and Private land claims" you may be referring to may be 'Tied to' the following "Code":

The Director shall cause to be surveyed all private land claims after they have been confirmed by authority of Congress, so far as may be necessary to complete the survey of the public lands. (R.S. sec. 2223; March 3, 1925, 43 Statute 1144; 43 U.S.C. sec. 52.

The "Acts of Congress" before this date has different wording so please feel free to share.
Thank you.

 

[winners58]

NO, private land claims are homesteading, nothing to do with mining, nothing to do with the topic of this thread

(R.S. sec. 2223; March 3, 1925, 43 Statute 1144; 43 U.S.C. sec. 52.

the references you are getting this from were never law, way back in time when there where court cases
of disputed land grants, they could be used as a sort of reference like common law, but those times have past

 

[Assembler]

Great point

NO, private land claims are homesteading, nothing to do with mining, nothing to do with the topic of this thread


the references you are getting this from were never law, way back in time when there where court cases
or disputed land grants, they could be used as a sort of reference like common law, but those times have past

Excellent point about 'Never law' as this one tends to agree with this. Can you expand on the private land claims are homesteading just a little?
If anyone cares to expand on the “May 10, 1872 Act conformity of placer claims to the public land surveys” core topic now is the time.

Much of the "Code" this one has referred to is from published material after the turn the the century. It is harder to refer to the:

Various regions of the United States have been surveyed under amended or different instructions in periods ranging from 1785 to the present time.

 

[winners58]

The Public Domain From 1776-1946

 

[Goldwasher]

why would we expand upon it when it has nothing to do with mining?

I don't understand why you even reference it or to what end your non informational posts are being made?

What on earth is your point?

What are you trying to say, or find out?

 

[chlsbrns]

The “May 10, 1872 Act" is better known as the mining act. I don't​ think beavis and butthead would be aware of such facts but those who actually mine would know.

 

[chlsbrns]

If anyone cares to expand on the “May 10, 1872 Act conformity of placer claims to the public land surveys” core topic now is the time.

...

 

[chlsbrns]

You quoted Section 2331 of the Revised Statutes in your original post. The Revised Statutes were never law - they were only "evidence of the laws".


Whatever your source for your original post I wouldn't rely on them for information about the law.



Heavy Pans

You can read the attachment in my previous post to see that section 2331 is a part of the May 10 1872 Act better known as the Mining Act of 1872. You are claiming that it is and isn't the law in the same post?

That we shouldn't rely on the May 10 1872 Act for information about the law even though it is the law?

 

[winners58]

the original post was referring to section 10 but then he is jumping to quotes
from his 1947 book about R.S. sec. 2223 which as i said is something else
Section 10 of the May 10th 1872 Act

the revised statutes were a consolidation of acts of congress
they were "prima facie evidence" of the law in effect.
then in 1926 became the United States Code (U.S.C.)we have today

 

[chlsbrns]

the original post was referring to section 10 but then he is jumping to quotes
from his 1947 book about R.S. sec. 2223 which as i said is something else
http://uscode.house.gov/statviewer.htm?volume=17&page=94

Ummmm.... No! Wrong again!

Thousands every year. Besides the thousands of metes and bounds placer claims all lode claims are located by metes and bounds.

You quoted Section 2331 of the Revised Statutes in your original post. The Revised Statutes were never law - they were only "evidence of the laws". The first U.S. Code didn't exist until 1926 and the Revised Statutes were published in 1875. In other words the "law" you quoted in your first post was not law and is outdated by more than a century. There is no way to coordinate the US Code directly with the failed Revised Statutes. Whatever your source for your original post I wouldn't rely on them for information about the law.

If you want to know what a law says you need to look up the law itself. Here is the text from Section 10 of the actual 1872 Mining Act:


Being that there are about 300,000 lode claims (all located by metes and bounds) and there are only about 51,000 placer claims (many located by metes and bounds) only about 15% of all claims are located by conforming to the legal subdivisions.

Heavy Pans

 

[winners58]

I was agreeing with you on the may 10th 1872 act
but until 1926 there was no process for the acts to be codified, they were
just the work of a few hard working guys it itemize what was passed by Congress
but there were so many the "revised statutes" were out of date even before they were published
so much so that other third party publishers put out their own updated copy's
what Clay says
"If you want to know what a law says you need to look up the law itself", is still true

 

[Assembler]

Better input thanks.

the original post was referring to section 10 but then he is jumping to quotes
from his 1947 book about R.S. sec. 2223 which as i said is something else
Section 10 of the May 10th 1872 Act

the revised statutes were a consolidation of acts of congress
they were "prima facie evidence" of the law in effect.

then in 1926 became the United States Code (U.S.C.)we have today

Hello
Looks like there may be some agreement on the topic thread of May 10, 1872 Act conformity of placer claims to the public land surveys. This has more to do with types of “Surveys" rather then anything to do with “Mining”. There was not a lot of input on this. So this one chose to point out other “Code” that is all.
In section 10 it states:

An provided also, That where by the segregation of mineral land in any legal subdivision a quantity of agricultural land may be entered by any party qualified by law, for homestead or pre-emption purposes.

Great input everyone and thank you again. This should give people who are interested in ‘Research material to read’ and this is a good thing.

 

[Assembler]

Research material that a "Mineral Surveyor" goes by.

Hello
Looks like there may be some agreement on the topic thread of May 10, 1872 Act conformity of placer claims to the public land surveys. This has more to do with types of “Surveys" rather then anything to do with “Mining”. There was not a lot of input on this. So this one chose to point out other “Code” that is all.
In section 10 it states:

Great input everyone and thank you again. This should give people who are interested in ‘Research material to read’ and this is a good thing.

This one chooses to quote from a "Manual of SURVEYING INSTRUCTIONS" simply because this is what a "Mineral Surveyor" in part goes by that has a "Certificate recognized" by both the "Courts and the Land Office". The "Surveyor" often has the finial say most of the time.
THE PUBLIC DOMAIN:

The survey of the public lands has been inseparably associated with the many questions of title relating to the lands which were turned over to the Federal Government by the Colonial States, also similar relation to those larger areas that were acquired later by purchase from, or treaty with the native Indians, or with the foreign powers that had previously exercised the sovereignty.

 

[chlsbrns]

I was agreeing with you on the may 10th 1872 act
but until 1926 there was no process for the acts to be codified, they were
just the work of a few hard working guys it itemize what was passed by Congress
but there were so many the "revised statutes" were out of date even before they were published
so much so that other third party publishers put out their own updated copy's
what Clay says
"If you want to know what a law says you need to look up the law itself", is still true

You don't see how he put his foot in his mouth yet again?

How he claimed that the law is not the law? Namas'cray

 

[Assembler]

The key words are "Conformity and Land Surveys".

Hello
Everyone can make some misstatements or mistakes on there posts.
The topic thread is about "May 10, 1872 Act conformity of placer claims to the public land surveys". The key words are "Conformity and Land Surveys". Hope this helps everyone to focus on this thread.
Since there is some agreement on this may shift the thread to the difference between "Public and Private lands" and the how, why, who and where of.
Thank you everyone.

 

[Assembler]

Just for fun.

Hello
Just to lighten up the thread topic and just for fun ‘Reading this Code’ is like the 'Elephant in the room'........LOL