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or duty therefor: Provided, That nothing herein contained shall be construed as recognizing or rejecting the propositions tendered by the people of California as articles of compact in the ordinance adopted by the convention which formed the constitution of that State.

A. DISPOSAL OF MINERAL LANDS.

Aside from this statute the General Government for several years remained a passive spectator of the settlement upon and the development of its mineral lands in California, but the right of the United States to such lands and its authority to dispose of the same has never been questioned.

Lee Doon v. Tesh, 68 Cal. 43, p. 46.

It has been the uniform policy of the Government to reserve saline lands from disposition and sale.

Elliott v. Southern Pac. R. Co., 35 L. D. 149, p. 150.
See New Mexico, In re, 31 L. D. 389, p. 390.

9 STAT. 472, SEPTEMBER 26, 1850.

MINERAL LANDS-PRICE REDUCED-MICHIGAN AND WISCONSIN. AN ACT To reduce the minimum price of the mineral lands in the Lake Superior district in Michigan and the Chippewa district in Wisconsin.

Be it enacted, etc., That the mineral lands in the Lake Superior district in Michigan and in the Chippewa district in Wisconsin, shall be offered for public sale in the same manner, and be subject to the same minimum price, and the same rights of preemption as the other public lands of the United States; and such portions of the act of March 1, 1847," to establish a land office in the northern part of Michigan, and to provide for the sale of the mineral lands in the State of Michigan, and of the act of March 3, 1847, "To create an additional land district in the Territory of Wisconsin, and for other purposes," as are inconsistent with the provisions of this act, shall be, and the same are hereby, repealed: Provided, however, That the right given by those acts of March 1 and 3, 1847, to lessees, occupants, and permittees, to enter to the extent of their leases and permits, and no less, shall not be considered as impaired by this act; but said lessees, occupants, and permittees shall be authorized to enter the land covered by their leases, occupancy, and permits, respectively, as therein provided, at the minimum price fixed by this act.

SEC. 2. That the holder of a lease or permit covering more than one full section of the mineral lands, as aforesaid, shall be entitled, on the surrender and annulment of said lease or permit at the proper land office, to purchase, if he shall elect to do so, one full section, and no more, of the land covered by said lease or permit, at a minimum price of $2.50 per acre.

A. PURPOSE AND EFFECT OF ACT.

B. RIGHTS OF LESSEES.

A. PURPOSE AND EFFECT OF ACT.

This act abrogated such of the clauses of the act of 1847 (9 Stat. 146) as distinguished the mineral from other public lands and placed them alike under the ordinary system for the disposal of the public domain, but reserved to lessees and occupants the privileges conferred by the former act.

Cooper v. Roberts, 59 U. S. 173, p. 180.

By this act Congress ordered the mineral lands in the Lake Superior and Chippewa districts to be offered at public sale the same as other lands.

Tucker v. Florida R., etc., Co., 19 L. D. 414, p. 415.

B. RIGHTS OF LESSEES.

The rights of a lessee of mineral lands under this statute depend entirely upon the validity of the lease and the protection accorded to the lessee under the act of 1847 and a lessee whose lease had expired could claim no right under this act.

Cooper v. Roberts, 59 U. S. 173, p. 181.
See Cooper v. Roberts, 6 Fed. Cas. 487.

9 STAT. 496, p. 500, SEPTEMBER 27, 1850.

SURVEYOR GENERAL-OREGON-SALINES AND MINERALS.

AN ACT To create the office of surveyor general of the public lands in Oregon, and to provide for the survey, etc.

Be it enacted, etc., That a surveyor general shall be appointed for the Territory of Oregon, who shall have the same authority, perform the same duties respecting the public lands and private land claims in the Territory of Oregon, as are vested in and required of the surveyor of lands in the United States northwest of the Ohio, except as hereinafter provided.

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SEC. 14. That no mineral lands, nor lands reserved for salines, shall be liable to any claim under and by virtue of the provisions of this act; and that such portions of the public lands as may be designated under the authority of the President of the United States, for forts, magazines, arsenals, dock yards, and other needful public uses, shall be reserved and excepted from the operation of this act: Provided, That if it shall be deemed necessary, in the judgment of the President, to include in any such reservation the improvements of any settler made previous to the passage of this act, it shall in such case be the duty of the Secretary of War to cause the value of such improvements to be ascertained, and the amount so ascertained shall be paid to the party entitled thereto, out of any money not otherwise appropriated.

12 STAT. 409, MAY 30, 1862.

PUBLIC SURVEYS-PREEMPTION RIGHTS TO UNSURVEYED LANDS. AN ACT To reduce the expenses of the survey of public lands in the United States. Be it enacted, etc., That contracts for the survey of the public lands shall not become binding upon the United States until approved by the Commissioner of the General Land Office, except in such cases as said commissioner shall otherwise specially order.

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SEC. 7. And be it further enacted, That in regard to settlements which by existing laws are authorized in certain States and Territories upon unsurveyed lands, which privilege is hereby extended to California, the preemption claimant shall be, and is hereby, in all

cases, required, from and after September 1, 1862, to file his declaratory statement within three months from the date of the receipt at the district land office of the approved plat of the township embracing such preemption settlement: Provided, The provisions of this section shall not be held to authorize preemption and settlement of mineral lands, which are hereby exempted from the provisions of this act. * * *

A. PREEMPTION RIGHTS EXTENDED MINERAL LANDS

EXCEPTED.

While this statute extended the preemption rights to unsurveyed lands in California it expressly excepted mineral lands.

Schofield Patent, In re, Copp's Min. Dec. 17.

12 STAT. 413, JUNE 2, 1862.

LAND OFFICE-COLORADO-PREEMPTION RIGHTS.

AN ACT To establish a land office in Colorado Territory, etc.

Be it enacted, etc., That all the lands belonging to the United States to which the Indian title has been or shall be extinguished shall be subject to the operations of the preemption act of September 4, 1841, and under the conditions, restrictions, and stipulations therein mentioned: Provided, however, That when unsurveyed lands are claimed by preemption, notice of the specific tracts claimed shall be filed within 6 months after the survey has been made in the field; and on failure to file such notice, or to pay for the tract claimed within 12 months from the filing of such notice, the parties claiming such lands shall forfeit all right thereto, provided said notices may be filed with the surveyor general, and to be noted by him on the township plats, until other arrangements have been made by law for that purpose.

A. MINERAL OR INCLOSED LANDS NOT SUBJECT TO PREEMPTION. Mineral land, or a mining claim, is not subject to preemption where it is already in the possession of another.

Field v. Grey, 1 Ariz. 404, p. 406.

See Atherton v. Fowler, 96 U. S. 513.

Hosmer v. Wallace, 97 U. S. 575.

A valid right of preemption can not be made by a forcible intrusion upon land cultivated, inclosed, and peaceably occupied by another.

Atherton v. Fowler, 96 U. S. 513, pp. 517, 520.

Belk v. Meagher, 104 U. S. 279, p. 287.

A valid right of preemption may be secured by a peaceable entry on lands which had not been inclosed or improved.

Belk v. Meagher, 104 U. S. 279, p. 287.

This act expressly provides that no mineral lands shall be located or granted under its provisions, and parties whose rights were initiated under this act will be permitted to receive patents for their claims upon full compliance with the law, although coal have been discovered on the tracts claimed by them. Yoakum, In re, 1 C. L. O. 3.

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13 STAT. 440, p. 441, FEBRUARY 27, 1865.

POSSESSION-MINING TITLE-RECOVERY.

AN ACT Providing for a district and a circuit court of the United States for the District of Nevada, etc.

Be it enacted, etc., * * *

SEC. 9. And be it further enacted, That no possessory action between individuals in any of the courts of the United States for the recovery of any mining title shall be affected by the fact that the paramount title to the land on which such mines are, is in the United States, but each case shall be adjudged by the law of possession.

A. FORCE AND EFFECT OF ACT.

1 COMMON LAW NATURE OF ACT POSSESSORY RIGHT. 2 MINING TITLE-MEANING.

3 POSSESSORY ACTION-PARAMOUNT TITLE OF UNITED STATES.

1. COMMON-LAW NATURE OF ACT--POSSESSORY RIGHT.

The Supreme Court of the United States has recognized a sort of common law of the miners existing in unorganized territory, and that the Territorial legislature of Nevada has recognized by statute the validity and binding force of the rules, regulations, and customs of the mining districts, and that under the implied sanction of the National Government vast mining interests have grown up. The court admits that this statute is a recognition by Congress of the fact that there may be a possessory right to a mining claim, the value of which may be estimated in money, though the public land where the claim exists has never been surveyed and brought in the market. Sparrow v. Strong, 70 U. S. (3 Wall.) 97.

Del Monte Min., etc., Co. v. Last Chance Min., etc. Co., 171 U. S. 55, p. 62. From the discovery of gold in California to the passage of this act, there was no national legislation upon the subject of the western gold-bearing mineral lands. Price v. McIntosh, 1 Alaska 286, p. 212.

2. MINING TITLE-MEANING.

The term "mining title" used in this statute means the title which the miner obtains by his discovery and location, followed by a compliance with the statutory regulations to preserve the right of possession, and in possessory actions between persons the case shall be adjudged by the law of possession, though the paramount title is in the United States.

Gillis v. Downey, 85 Fed. 483, p. 486.

3. POSSESSORY ACTION-PARAMOUNT TITLE OF UNITED STATES. This act provides that no possessory action between individuals in the courts of the United States for the recovery of mining titles shall be affected by the fact that the legal title is in the United States.

Belk v. Meagher, 104 U. S. 279, p. 284.

Del Monte Min., etc., Co. v. Last Chance Min., etc., Co., 171 U. S. 55, p. 61.

This act only recognized the right of litigants to maintain suits for the possession of mineral lands without regard to the paramount ownership of the United States. Price v. McIntosh, 1 Alaska 286, p. 292.

14 STAT. 66, p. 67, JUNE 21, 1866.

HOMESTEAD ACT-ALABAMA, ARKANSAS, FLORIDA, MISSISSIPPI, AND LOUISIANA-MINERAL LANDS EXCEPTED.

AN ACT For the disposal of the public lands for homestead actual settlement in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida.

Be it enacted, etc., That from and after the passage of this act all the public lands in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida shall be disposed of according to the stipulations of the homestead law of May 20, 1862, entitled "An act to secure homesteads to actual settlers on the public domain" (12 Stat. 392), and the act supplemental thereto, approved March 27, 1864 (13 Stat. 35), but with this restriction, that until the expiration of two years from and after the passage of this act, no entry shall be made for more than a half-quarter section, or eighty acres; and in lieu of the sum of $10 required to be paid by the second section of said act, there shall be paid the sum of $5 at the time of the issue of each patent; and that the public lands in said States shall be disposed of in no other manner after the passage of this act: Provided, That no distinction or discrimination shall be made in the construction or execution of this act on account of race or color: And provided further, That no mineral lands shall be liable to entry and settlement under its provisions.

14 STAT. 218, JULY 23, 1866.

MINERAL LANDS-TITLE-CALIFORNIA.

AN ACT To quiet land titles in California.

Be it enacted, etc., That in all cases where the State of California has heretofore made selections of any portion of the public domain in part satisfaction of any grant made to said State by any act of Congress, and has disposed of the same to purchasers in good faith under her laws, the lands so selected shall be, and hereby are, confirmed to said State: Provided, That no selection made by said State contrary to existing laws shall be confirmed by this act for lands to which any adverse preemption, homestead, or other right has, at the date of the passage of this act, been acquired by any settler under the laws of the United States, or to any lands which have been reserved for naval, military, or Indian purposes by the United States, or to any mineral lands, or to any land held or claimed under any valid Mexican or Spanish grant, or to any land which, at the time of the passage of this act, was included within the limits of any city, town, or village, or within the county of San Francisco: And provided further, That the State of California shall not receive under this act a greater quantity of land for school or improvement purposes than she is entitled to by law.

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SEC. 7. And be it further enacted, That where persons in good faith, and for a valuable consideration, have purchased lands of Mexican grantees or assigns, which grants have subsequently been rejected, or where the lands so purchased have been excluded from the final survey of any Mexican grant, and have used, improved, and continued in the actual possession of the same as according to

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