페이지 이미지
PDF
ePub

2. EXCESSIVE AREA INVALIDITY.

Section 129d prohibits the patenting of any placer-mining claims located in Alaska which contains a greater area than that fixed by law or which is longer than three times its greatest width.

Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 349.

3. NUMBER LOCATED EACH MONTH.

Whenever a person or association has participated in the location of two placermining claims in Alaska in any calendar month, the right of such person or association is thereby exhausted for the particular month.

Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 349.

One of the purposes of this act is to limit the number of placer-mining locations that can be made in Alaska through agents or attorneys and the number of locations can not exceed the limitations expressed in the act.

Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 348.

4. LOCATIONS BY AGENTS AUTHORITY AND POWER.

If a location is made by an agent or attorney the power of attorney must be in writing and must be executed and acknowledged in accordance with the laws of Alaska, or of the State, Territory, or District in which it shall be executed, and such power must be recorded in the proper recorder's office and a certified copy must accompany the application for patent and may be attached to and made a part of the abstract of title.

Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 348.

An authorized agent or attorney can act in making locations of placer-mining claims for two individual principals or one association principal only during any calendar month, and during such period may not lawfully locate more than two claims for any one principal, either individual or association.

Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 348.

5. APPLICATION FOR PATENT FORM AND SUFFICIENCY.

Application for patent under this act should be accompanied by the sworn statement of the agent or attorney setting forth specifically the names of all placer-mining claims located or attempted to be located by him under powers of attorney during the calendar month in which any such claim was located, and should state the date of location and the names of the locators.

Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 348.

6. NUMBER OF CLAIMS INCLUDED IN APPLICATION.

This act does not affect the number of claims, either lode or placer, and if placer, whether located before or after the passage of the act, that may be included in a single application for patent.

Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 349.

7. SURVEYOR GENERAL-DUTIES TO SURVEY.

The surveyor general must observe the requirements as to the dimensions of a placer claim in Alaska and must not approve any survey of a placer location which does not in area and dimensions conform to the provisions of law.

Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 349.

8. AMOUNT OF ANNUAL EXPENDITURES-TIME OF PERFORMANCE.

The amount of annual expenditure on a placer claim is dependent upon the size of the claim, but at least $100 must be expended for each 20 acres, or excess fraction thereof, embraced in the location.

Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 348.

The first annual expenditure on a placer mining location must be accomplished for and during the calendar year during which the claim was located instead of the calendar year succeeding that in which the location was made.

Placer Min. Claims in Alaska, In re, 41 L. D. 347, p. 348.

Sections 130 to 138, inclusive, are the same as sections 2318 to 2326 R. S., inclusive, pp. 1-503.

SEC. 139. The description of vein or lode claims upon surveyed lands shall designate the location of the claims with reference to the lines of the public survey, but need not conform therewith; but where patents have been or shall be issued for claims upon unsurveyed lands, the surveyor general, in extending the public survey, shall adjust the same to the boundaries of said patented claims so as in no case to interfere with or change the true location of such claims as they are officially established upon the ground. Where patents have issued for mineral lands, those lands only shall be segregated and shall be deemed to be patented which are bounded by the lines actually marked, defined, and established upon the ground by the monuments of the official survey upon which the patent grant is based, and surveyors general in executing subsequent patent surveys, whether upon surveyed or unsurveyed lands, shall be governed accordingly. The said monuments shall at all times constitute the highest authority as to what land is patented, and in case of any conflict between the said monuments of such patented claims and the descriptions of said claims in the patents issued therefor the monuments on the ground shall govern, and erroneous or inconsistent descriptions or calls in the patent descriptions shall give way thereto. (Act of Apr. 28, 1904, 33 Stat. 545.)

See sec. 2327 R. S.

Sections 140 to 148, inclusive, are the same as sections 2328 to 2336 R. S., inclusive, pp. 506–592.
Section 152 is the same as section 2340 R. S., p. 622.

Section 153 is the same as amendment 2 of section 2324 R. S., p. 282.
Section 154 is the same as amendment 3 of section 2324 R. S., p. 282.
Section 155 is the same as amendment 4 of section 2324 R. S., p. 283.
Section 156 is the same as amendment 1 of section 2325 R. S., p. 426.
Section 157 is the same as amendment 1 of section 2326 R. S., p. 496.
Sections 158 and 159 are the same as amendment 2 of section 2326 R. S., p. 502.
Section 160 is the same as 35 Stat. 645, chap. 180, Settlers' relief, p. 1234.

SEC. 161. The President may, at any time in his discretion, temporarily withdraw from settlement, location, sale, or entry any of the public lands of the United States, including the District of Alaska, and reserve the same for water-power sites, irrigation, classification of lands, or other public purposes to be specified in the orders of withdrawals, and such withdrawals or reservations shall remain in force until revoked by him or by an act of Congress.

That all lands withdrawn under the provisions of this act shall at all times be open to exploration, discovery, occupation, and purchase under the mining laws of the United States, so far as the same apply to metalliferous minerals: Provided, That the rights of any person who, at the date of any order of withdrawal heretofore or hereafter

made, is a bona fide occupant or claimant of oil or gas bearing lands, and who, at such date, is in the diligent prosecution of work leading to the discovery of oil or gas, shall not be affected or impaired by such order so long as such occupant or claimant shall continue in diligent prosecution of said work: Provided further, That this act shall not be construed as a recognition, abridgment, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of such lands made prior to June 25, 1910: And provided further, That there shall be excepted from the force and effect of any withdrawal made under the provisions of this act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made: And provided further, That hereafter no forest reserve shall be created, nor shall any additions be made to one heretofore created, within the limits of the States of California, Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by act of Congress.

The Secretary of the Interior shall report all such withdrawals to Congress at the beginning of its next regular session after the date of the withdrawals. (Act of June 25, 1910, 36 Stat. 847.)

See 34 Stat. 1271; 37 Stat. 497; and Withdrawals, p. 1388.

A. WITHDRAWAL OF COAL LANDS IN ALASKA.

On November 12, 1906, an order was made withdrawing all lands in Alaska from entry, location, or filing under the coal-land laws.

Alaskan Coal Lands, In re, 27 Op. Atty. Genl. 412, p. 414.
Coal Lands in Alaska, In re, 35 L. D. 572.

SEC. 162. During each year and until patent has been issued therefor, at least $100 worth of labor shall be performed or improvements made on, or for the benefit or development of, in accordance with existing law, each mining claim in the District of Alaska heretofore or hereafter located. And the locator or owner of such claim or some other person having knowledge of the facts may also make and file with the said recorder of the district in which the claims shall be situate an affidavit showing the performance of labor or making of improvements to the amount of $100 as aforesaid and specifying the character and extent of such work. Such affidavit shall set forth the following: First, the name or number, of the mining claims and where situated; second, the number of days' work done and the character and value of the improvements placed thereon; third, the date of the performance of such labor and of making improvements; fourth, at whose instance the work was done or the improvements made; fifth, the actual amount paid for work and improvement, and by whom paid when the same was not done by the owner. Such affidavit shall be prima facie evidence of the performance of such work or making of such improvements, but if such affidavits be not filed within the time fixed by this act the burden of proof shall be upon the claimant to establish the perform

ance of such annual work and improvements. And upon failure of the locator or owner of any such claim to comply with the provisions of this act, as to performance of work and improvements, such claim shall become forfeited and open to location by others as if no location of the same had ever been made. The affidavits required hereby may be made before any officer authorized to administer oaths, and the provisions of sections 5392 and 5393 of the Revised Statutes are hereby extended to such affidavits. Said affidavits shall be filed not later than 90 days after the close of the year in which such work is performed.

The recorders for the several divisions or districts of Alaska shall collect the sum of $1.50 as a fee for the filing, recording, and indexing said annual proofs of work and improvements for each claim so recorded. (Act of Mar. 2, 1907, 34 Stat. 1243.)

A. ALASKA MINING CLAIMS.

1. ANNUAL ASSESSMENT WORK.

2. AFFIDAVIT AS TO ASSESSMENT WORK.

1. ANNUAL ASSESSMENT WORK.

The consequences of a failure to complete the annual assessment or improvement work within the year under this act is not only different but is irreconcilable with the prior mining statutes, and to that extent, so far as it affects mining claims in Alaska, it necessarily repeals the prior law.

Thatcher v. Brown, 190 Fed. 708, p. 711.

2. AFFIDAVIT AS TO ASSESSMENT WORK.

By the act of March 2, 1907 (34 Stat. 1243), Congress conferred upon the locators of mining claims in Alaska a privilege not previously given by the mining statutes, which permitted Alaskan locators to file for record an affidavit showing the performance of the required annual assessment work and providing that such affidavit should be prima facie evidence of such performance, and the act expressly declares that on failure of the locator to comply with the provisions of the act as to performance of the assessment work the claim shall become forfeited and open to location by others as if no location of the same had ever been made.

Thatcher v. Brown, 190 Fed. 708, p. 710.

SEC. 163. In the District of Alaska adverse claims authorized and provided for in sections 2325 and 2326, United States Revised. Statutes, may be filed at any time during the 60 days' period of publication or within eight months thereafter, and the adverse suits. authorized and provided for in section 2326, United States Revised Statutes, may be instituted at any time within 60 days after the filing of said claims in the local land office. (Act of June 7, 1910, 36 Stat. 459.)

SEC. 164. Every miner or other laborer who shall labor in or upon any mine or mining ground for another in the Territory of Alaska in digging, thawing, conveying, hoisting, piling, cleaning up, or any other kind of work in producing any mineral-bearing sands, gravels, earth, or rock, gold or gold dust, or other minerals, or shall aid or

assist therein by his labor as cook, engineer, fireman, or in cutting and delivering wood used in said work, or in work in any like capacfty in producing the dump, shall, where his labor directly aided in such production, have a lien upon the dump or mass of mineralbearing sands, gravels, earth, or rock, and all gold and gold dust, or other minerals therein, and all gold and gold dust extracted therefrom, for the full amount of wages for all the time which he was so employed as such laborer in producing the said dump, within one year next preceding his ceasing to labor thereon; and to the extent of the labor of the said miner or other laborer actually employed or expended thereon, within one year next prior to ceasing to labor thereon, the said lien shall be prior to and preferred over any deed, mortgage, bill of sale, attachment, conveyance, or other claim, whether the same was made or given prior to such labor or not: Provided, That this preference shall not apply to any such deed, mortgage, bill of sale, attachment, conveyance, or other claim given in good faith and for value prior to the approval of this act.

SEC. 165. Every laborer, within 90 days after the completion of the performance of the work or labor mentioned in the foregoing section who shall claim the benefit thereof, must, personally or by some other person for him, file for record in the recording precinct where the labor was performed a claim of lien containing a statement of his demand under oath, substantially in the following form: (Act of June 25, 1910, 36 Stat. 848.)

NOTICE OF LABORER'S LIEN.

Territory of Alaska,

defendant.

"

9

and that

Notice is hereby given that claimant, claims a lien upon (describing the dump or mass of mineral-bearing sands, gravels, earth, or rock, and its location with reasonable certainty) in the precinct, in the Territory of Alaska, for labor performed in (digging, and so forth; describe the work). That the name of the owner or reputed owner of said property is is the owner or reputed owner of the mine or mining ground from which the dump or mass of mineral-bearing sands, gravels, earth, or rock and the minerals therein were extracted, and that employed claimant to perform such work and labor upon the following terms and conditions (state substance of contract, if any, or reasonable value); that said contract has been faithfully performed and fully complied with on the part of the claimant, who preformed labor thereunder aforesaid for the period of days; that said labor was performed between the day of and the day of and the rendition of said service was closed on the day of and 90 days have not elapsed since that time; that the amount of claimant's demand for said service is - -; that no part thereof has been paid (except the sum of dollars), and there is now due and remaining unpaid thereon, after deducting all just credits and offsets, the sum of dollars, in which amount he claims a lien upon said property.

precinct, ss:

claimant, against

[ocr errors]

Claimant.

Territory of Alaska,

precinct, ss:

being first duly sworn, on oath deposes and says, That I am the claimant (or if by some other person state the fact) named in the foregoing claim; that I have heard the same read, know the contents thereof, and believe the same to be true. Subscribed and sworn to before me this day of

(Officer's title.)

SEC. 166. The recorder must record every claim filed under the provisions of this act in books kept by him for that purpose, which record must be indexed as deeds and other conveyances are required

« 이전계속 »