Year: 1867




''nS '.'"' N tories. ses s'"'s' and Terri


The Commissioner of the Land Office
has prepared an elaborate and lengthy
circular in relation to mining claims un-
der the act Of Congress, approved July
26, 1866. BY the first section of this
act all the mineral lands of the United
States, surveyed and unsuryeyed, are
laid open to all citizens Of the United
States and to those who have declared
their intention to become such, subject
to statutory regulations, and also to the
local customs or rules Of miners in the
several mining districts not in conflict
with the laws Of the United States.


Commissioner Wilson informs the reg
listers and receivers and surveyor gener-
ais that it is their duty to acquaiut
themselves with the local mining Gus
toms in their districts. Mining claims
may be entered at any district land Office
in the United States under this law by
any person or association of persons,
corporated or incorporate. In making
the entry, however, such description
of the tract must be filed as will indicate
the vein or lode, or part or portion there
of. Where by the local laws, customs
or rules Of miners Of districts no sur
face ground is permitted TO be occupied
for mining purposes, except the surface
of the vein or lode, and the walls Of
such vein or lode are unascertained, and
the lateral extent Of such vein or lode
unknown, it should be stated that the
extent of such vein or lode cannot be
made by actual measurement, but that
the said vein or lode is bounded on each
side by the wall Of the same, and to
estimate the amount Of ground contain
ed between the given end lines and the
unascertained walls of the vein or lode,
and in such case the patent, will issue
for all the land between such end lines
and side walls, with the right to follow
such vein or lode with all its dips, varia-
tions and angles TO any depth, although
it may enter the land adjoining, proyid-
ed the estimated quantity shall be equal
to a horizontal plane bounded by the
given end lines and the walls or the
sides Of such vein or lode.


By the third section Of the act 1t Is
required that upon the filing of the dis-
gram, as provided in the second section,
and posting the same IN conspicuous
place on the claim, with notice Of inten-
ton to apply for ! patent, the Register
shall publish notice of the same in
newspaper nearest the location Of the
said claim.


The Register is also required to post
the said notice in his Office for ninety
days: After that time, should no ad-
verse claim have been filed, it shall be
the duty of the Surveyor General to sur
vey the premises and make plat there
of. As a preliminary to the survey,
however, the applicant is required to
make deposit covering the necessary
cost of publishing the notice, the sur
veying, and the plating.


After the survey shall have been duly
executed and the plat approved by the
Surveyor General, the party claiming
shall file the same with the Register and
Receiver, and thereupon pay to the said
Receiver Eve dollars per acre for the
premises embraced in the survey, after
which it shall be the duty of the Regis
ter to transmit to the General Land
Office the said plat, with the proof, en-
dorsed as satisfactory by the Register
and Receiver, so that the patent may
issue if the proceedings are found to be
regular.


The unity Of the surveying system is
to be maintained by extending over the
mining districts the rectangular method,
at least so far as township lines are con-
cerned. The contemplated surveys OF
the mineral lands will be made BY dis
trict deputies, under contracts. In con-
sideration of the very limited scope OF
surveyors involved in each mining claim
the per diem principle is resorted to,
the compensation not TO exceed ten dol |
lars per diem, including all expenses.
The extent Of the locations are not to |
exceed two hundred feet in length along |
the vein for each location with an addi-
tional claim for discovery to the discov-
erer Of the lode, with the right TO follow
such vein to any depth, together with
reasonable quantity Of surface for the
convenient working Of the same, as
fixed by local rules. No person is to
make more than one location on the
same lode, and no more than three
thousand feet shall be taken in any one
claim by any association of persons.
The deputy surveyors are required to be
scientific men, and to bring in duplicate
specimens Of the ore, one Of which is to
be sent TO the Commissioner Of the
General Land Office and the other to be
retained by the Surveyor General.