damages to any such title, shall be affected by the fact that 13 Stat. 441; 17 id. 91; 19 id. 52; R. S. 910, 2322. Sparrow v. Strong, Owners of tun SEC. 391. Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of nels, right 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 such tunnel. 17 Stat. 92; 19 id. 52; R. S. 2323. Tunnel Co. v. Pell, 4 Colo. 507; Titcomb v. Kirk, 51 Cal. 288. Decisions Com. G. L. O., Sept. 20, 1872 (Copp's Mg. Dec. 144); April 15, 1873 (id. 193); Aug. 1, 1873 Subjects upon which miners may make regu lations. records shall contain. itures. (id. 215); Nov. 3, 1876 (3 Copp's L. O. 130); Aug. 30, 1877 (4 id. 102); Jan. 6, 1878 (5 id. 134). SEC. 392. The miners of each mining district may make 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 Conditions same location must be distinctly marked on the ground so that are subject to. its boundaries can be readily traced. All records of mining What miners' 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 tenth day of May, eighteen hundred and seventy-two, and until a patent has Annual expend been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year: Provided, That the period within which the work required to be done annually on all unpatented claims, so located, shall commence on the first day of January succeeding the date of location of such claim. On all claims located prior to the tenth day of May, eighteen hundred and seventy-two, ten dollars' worth of labor shall be performed or improvements made by the first day of January, eighteen hundred and seventy-five, and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such expenditure may be made upon any one claim; and where a person or company has or may run a tunnel for the purposes of developing a lode or lodes, owned by said person or company, the money so expended in said tunnel shall be taken and considered as expended on said lode or lodes, whether located prior to or since the tenth day of May, eighteen hundred and seventy-two, and such person or company shall not be required to perform work on the surface of said lode or lodes in order to hold the same as required by said act. Upon a failure to comply with the foregoing conditions of annual expenditure, 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, Forfeiture and That the original locaters, their heirs, assigns, or legal rep right of reloca- resentatives have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several co-owners to contribute his proportion of the expenditures required hereby, the co-owners who have perMode of forfeit- formed the labor or made the improvements may, at the ure for failure of expiration of the year, give such delinquent co-owner pertribute to annual sonal notice in writing or notice by publication in the expenditures. tion. co-owners to con newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his co-owners who have made the required expenditures. 17 Stat. 92; 18 id. 61, 315; 19 id. 52; 21 id. 61; R. S. 2324. Location, Record, and Evidence: Campbell v. Rankin, 9 Otto, 261. Kinney . Con. Va. Mg. Co., 4 Saw. C. C. 382. Hibschle v. Gildersleeve, U. S. Dist. Ct. Colo. 1880, in manuscript. Mallett v. Uncle Sam Co., 1 Nev. 108; Van Valkenburgh . Huff, 1 id. 142; Chase e. Savage Mg. Co., 2 id. 9; Rogers v. Cooney, 7 id. 213; Phillpotts v. Blasdell, 8 id. 61; Weill v. Lucerne Co., 11 id. 200; Golden Fleece Co. v. Cable Mg. Co., 12 id. 312; Gleason v. Martin White Co., 13 id. 442; Roberts v. Wilson, 1 Utah, 292; Connor v. McPhee, 1 Montana, 73; King v. Edwards, 1 id. 235; Bucher v. Mulverhill, 1 id. 306; Territory v. Lee, 2 id. 124; Moxon v. Wilkinson, 2 id. 421; Murley r. Ennis, 2 Colo. 300; Sullivan v. Hense, 2 id. 424; Patterson. Hitchcock, 3 id. 533; Wolfley v. Lebanon Co., 4 id. 112; Sears r. Taylor, 4 id. 38; Hicks v. Bell, 3 Cal. 219; Fairbanks r. Woodhouse, 6 id. 433; Live Yankee Co. v. Oregon Co., 7 id. 41; Packer v. Heaton, 9 id. 569; McGarity v. Byington, 12 id. 431; Water Co. r. Mooney, 12 id. 534; Pennsylvania Mg. Co. v. Owens, 15 id. 135; Lombards v. Ferguson, 15 id. 372; Gillan v. Hutchinson, 16 id. 154; Roach v. Gray, 16 id. 383; Attwood v. Fricot, 17 id. 38; English r. Johnson, 17 d. 108; Prosser v. Parks, 18 id. 47; Gore c. McBrayer, 18 id. 582; Downing v. Rankin, 19 id. 641; Tunnel Co. r. Stranahan, 20 id. 198; Kelley v. Taylor, 23 id. 11; Coleman t. Clements, 23 id. 245; Maye v. Tappin, 23 id. 306; Draper v. Douglas, 23 id. 347; Cary v. Campbell, 24 id. 634; St. John v. Kidd, 26 id. 264; Morton v. Solambo Mg. Co., 26 id. 527; Wilson r. Cleveland, 30 id. 192; Hess v. Winder, 30 id. 349; Patterson v. Keystone Mg. Co., 30 id. 360; Tunnel Co. v. Stranahan, 31 id. 387; King v. Randlett, 33 id. 318: Pralus v. Jefferson Mg. Co., 34 id. 559; Pralus v. Pacific Mg. Co., 35 id. 30; Bell v. Tunnel and Mg. Co., 36 id. 214; Bradley v. Lee, 38 id. 362; Hastings v. Devlin, 40 id. 358; Harvey v. Ryan, 42 id. 626; Strang v. Ryan, 46 id. 33; Meyers v. Farquharson, 46 id. 190; Quirk v. Tralk, 47 id. 453; McLaughlin v. Powell, 50 id. 64; Titcomb v. Kirk, 51 id. 288; Morenhaut v. Wilson, 52 id. 226; Stone v. Geyser, 52 id. 315; Holland v. M. A. G. Mg. Co., 53 id. 149; Gelcich v. Moriarity, 53 217; Phoenix Co. v. Lawrence, Myers v. Spooner, S. C. Cal. 1880, in manuscript. Decision Sec. Int., April 1, 1875 (2 Copp's L. O. 2). Decisions Com. G. L. O., May 16, 1873 (Copp's Mg. Dec. 200); Aug. 28, 1876 (3 Copp's L. Ó. 82); June 13, 1876 (3 id. 50); Oct. 20, 1876 (6 id. 122). Expenditures: Mt. Diablo Mg. Co. v. Callison, 5 Saw. C. C. 439. Decisions Sec. Int., Sept. 4, 1872 (Copp's Mg. Dec. 136); March 4, 1879 (6 Copp's L. O. 2). Decisions Com. G. L. O., March 11, 1875 (Skidmore, 47); Jan. 6, 1878 (5 Copp's L. O. 134); Aug. 20, 1879 (G. L. O Rep. 1879, p. 144); Sept. 12, 1879 (id. 143); Oct. 20, 1879 (6 Copp's L. O. 122); May 1, 1880 (7 id. 20). Abandonment and Forfeiture: Hibschle v. Gildersleeve, U. S. Dist. Ct. Colo. 1880, in manuscript; Mallett v. Uncle Sam Co., 1 Nev. 188; Oreamnns v. Uncle Sam Co., 1 id. 215; Weill v. Lucerne Co., 11 id. 200; King v. Edwards, 1 Montana, 235; Atkins v. Hendree, 1 Idaho, 107; Murley v. Ennis, 2 Colo. 300; Fairbanks v. Woodhouse, 6 Cal. 433; Davis v. Butler, 6 id. 510; Ferris v. Cooper, 10 id. 589; Waring v. Crow, 11 id. 366; Gluck auf v. Reed, 22 id. 468; Coleman v. Clements, 23 id. 245; Richardson v. McNulty, 24 id. 339; Wiseman v. McNulty, 25 id. 230; St. John v. Kidd, 26 id. 264; Depuy r. Williams, 26 id. 309; Wilson v. Cleveland, 30 id. 192; Bell v. Tunnel and Mg. Co., 36 id. 214; Judson v. Mulloy, 40 id. 300; Strang v. Ryan, 46 id. 33; Morenhaut v. Wilson, 52 id. 226; Myers v. Spooner, S. C. Cal. 1880, in manuscript. Relocations: Decisions Sec. Int., Nov. 6, 1873 (Copp's Mg. Dec. 191); May 22, 1878 (5 Copp's L. O. 50); June 29, 1878 (5 id. 66). Decisions Com. G. L. O., Sept. 25, 1873 (Copp's Mg. Dec. 225); April 21, 1876 (3 Copp's L. O. 37); Dec. 13, 1878 (5 id. 162). Transfers: Mining Co. v. Taylor, 10 Otto, 37. Kinney v. Con. Va. Mg. Co., 4 Saw. C. C. 382. Phillpotts v. Blasdell, 8 Nev. 61; Weill r. Lucerne Co., 11 id. 200; Sullivan v. Hense, 2 Colo. 424; McCarron v. O'Connell, 7 Cal. 152; Clark v. McElroy, 11 id. 154; Jack Patents for min. obtained. son v. Feather River Co., 14 id. 18; Attwood v. Fricot, 17 id. 38; Tunnel Co. v. Stranahan, 20 id. 198; Gatewood v. McLaughlin, 23 id. 178; Antonie Co. v. Ridge Co., 23 id. 219; Draper v. Douglas, 23 id. 347; Patterson v. Keystone Co., 23 id. 575; Richardson r. McNulty, 24 id. 339; Cary v. Campbell, 24 id. 634; Copper Hill Mg. Co. v. Spencer, 25 id. 18; St. John v. Kidd, 26 id. 264; Duryea v. Burt, 28 id. 569; Hess v. Winder, 30 id. 349; Patterson v. Keystone Mg. Co., 30 id. 360; Goller v. Fett, 30 id. 481; Settembre r. Putnam, 30 id. 490; King v. Randlett, 33 id. 318; Hardenburgh v. Bacon, 33 id. 356; Blodgett v. Potosi Mg. Co., 34 id. 227; Felger v. Coward, 35 id. 650; Meyers v. Farquharson, 46 id. 190. Decision Com. G. L. O., June 9, 1873 (Copp's Mg. Dec. 202). Co-owners: The 420 Mg. Co. v. The Bullion Co., 3 Saw. C. Č. 634. Mallett v. Uncle Sam Co., 1 Nev. 188; Chase v. Savage Co., 2 id. 9; Bucher v. Mulverhill, 1 Montana, 306; Murley v. Enais, 2 Colo. 300; Waring . Crow, 11 Cal. 366; Gore v. McBrayer, 18 id. 582; Rowe . Bacigalluppi, 21 id. 633; Coleman v. Clements, 23 id. 245; Hughes v. Devlin, 23 id. 501; Wiseman v. McNulty, 25 id. 230; Morton v. Solambo Co., 26 id. 527; Duryea r. Burt, 28 id. 569; Goller v. Fett, 30 id. 481; Settembre v. Putnam, 30 id. 490; Jones v. Clark, 42 id. 180; Taylor v. Castle, 42 id. 367; Decker t. Howell, 42 id. 636; Strang v. Ryan, 46 id. 33. Decisions Com. G. L. O., July 19, 1876 (3 Copp's L. O. 66); June 9, 1877 (4 id. 50); Dec. 21, 1877 (5 id. 4). SEC. 393. A patent for any land claimed and located for eral lands, how valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field-notes of the claim or claims in common, made by or under the direction of the United States 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, and shall file.a copy of the notice in such land office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land office, upon the filing of such application, plat, field-notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by him designated as published nearest to such claim; and he shall also post such notice in his office for the same period. The claimant at the time of filing this application, or at any time thereafter, within the sixty days of publication, shall file with the register a certificate of the United States surveyor-general that five hundred dollars' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description, to be incorporated in the patent. At the expiration of the sixty days of publication the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the register and the receiver of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of five dollars per acre, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter. Where the claimant for a patent is not a resident of or within the land district wherein the vein, lode, ledge or deposit sought to be patented is located, the application for patent and the af Authority for fidavits required to be made in this section may be made by agents to make his, her, or its authorized agent, where said agent is conver- affidavits. applications and sant with the facts sought to be established, and this provision shall apply to all applications for patents to mineral lands pending on the twenty-second day of January, eighteen hundred and eighty. 17 Stat. 92; 19 id. 52; 21 id. 61; R. S. 2325. Applications: Decisions Sec. Int., Nov. 6, 1873 (Copp's Mg. Dec. 191); Agents and Attorneys: Decision Sec. Int., March 2, 1880 (7 Copp's L. Payment: Decision Com. G. L. Ó., Jan. 30, 1873 (Copp's Mg. Dec. Protestants: Decisions Sec. Int., April 30, 1874 (1 Copp's L. O. 34); |