The Shasta courier., 1870-10-15
SHASTA COURIER.
Information for Miners.
Mineral Lands.

Chronicle, on the subject of procuring
patents for mineral lands, &C. The state
ments contained in the article can be re-
lied on as correct, as they are based upon
the opinions of able lawyers. Parties who
desire to enter mineral lands or procure
patents for quartz or placer claims can gain
all the information necessary, or relating
thereto, BY applying to VIM. Magee. as
he has full and complete information
and official instruction on mineral land
matters:
All the right miner can obtain to the
ground he is working in accordance with
local laws, is, priority in making applica-
tion for patent. When the plats of the
survey are filed, miners who are holding
their claims under local mining laws can
be compelled to patent or vacate. Those
who are now holding the ground have the
first chance to patent if they see fit; bun if
they do not take advantage of the prefer
ence given them by law, others cannot be
prevented from purchasing. Further than
this the placer mining law totally ignores
local regulations in reference to the size of
the claim. 160 acres can be entered, by
one person, for mining purposes, while the
local laws only allow him 200 feet sqnare,
for instance. The only bearing that miners
laws have upon applications for patents is
set forth in section 9 of Commissioner
Wilson's Instructions 1t reads as follows:
9. "The mining enactments limit the
right to apply for and receive patents for
mining claims to claimants"
There is no portion of the placer mining
law that can be tortured into construc-
tion which recognizes that the miners have
any vested or acquired right to their claims,
other than a preference in the matter of
application.
"Regarding the matter of making ap-
pEcatlons for mining patents as well as the
requirements attached thereto First
There is nothing to prevent miners locating
and holding unoccupied lands, under local
mining laws, provided no one else wishes
to patent it for mining or agricultural pur-
poses. Second-The laws regulating the
entryof lode and placer claims are different
in almost every important particular
located in conformity with the section lines,
the same as any agricultural claim. Lode
claims have to be surveyed by an T. S.
Surveyor. Third-In neither case is it
necessary that 81 600 should be expended
before an application for patent can be
made. A person, or association of per-
sons, can locate claim to-day, advertise
notices, etc, etc., and make an application
for a patent to morrow. The only advan
tage that the expenditure of 81 900 or the
holding of claim for the period prescribed
by the statute of limitations eonfer>, is,
that in those instances no further proof of
possession is necessary Upon this point
we wish to be explicit, and therefore give
the requirements prescribed by law Any
one who has complied with EITHER Ct the
following provisions is entitled to make an
application for a mining patent. We
quote from the Commissioner instructions
verbatim:
''F'rst-Who have occupied and improv-
ed their claims according to the local Gus
toms or rules of miners, or
Secoud-Who have by themselves or
their grantors, held aud worked their claims
for period equal to the time prescribed
by the statute of limitations for mining
claims of the State or Territory where the
same may be situated.
Third-Who have expended in actual
labor and improvements upon their respec-
tive claims an amount of not less than one
thousand dollars, and
Fourth-In regard to whose possession
there is no controversy or opposing claim. J"
We think that the above ought to be
sufficient to convince any one that it is not
necessary to expend 1000 on claim E.
fore application for a patent can be made
But to settle the matter beyond the ques-
ton of doubt we publish section 3, of the
Commissioner instructions 1t reads as
follows:
"Sec g. In the 18th section it is de-
clared that in the absence of any adverse
claim where said person or association, they
and their grantors, shall have held. and
worked their said claims for period equal
to the time prescribed by the statute Of
limitations for mining claims of the State
or Territory where the same may be situa-
ted, evidence of such possession and work
ing of the claims for such period shall be
sufficient to establish right to patent
thereto, subject to any lien which may
have attached to such claim prior to the
issue of said patent
The foregoing provision is constructed
to apply as well to lode as to placer claims,
and should lessen the amount of proof
usually required to establish right to a
patent"
Now, person may have held claim
for the length of time prescribed by the
statute of limitations without expending
$1,000 or half of it; still he is eligible to
patent. If, then, compliance with the
"secoud requirement" published above is
sufficient evidence of possession to procure
patent, the observance of either the first,
third or fourth provision is all that is re-
quisite.
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