Cadastres -- United States; Mineral resources conservation -- United States
The Prussian law was the basis for English law and subsequently Spanish
and Mexican law. The Mexican law provided that three claims went to the
discoverer of a vein in a new district and two claims to the discoverer
of a new vein in an old district. Claims were 200 varas long and up to
200 varas wide, depending on dip, a vara being about a yard. Provision
was also made for discovery work and periodic labor.
As the first claims in California were for placer gold, the miners were
allowed a claim about 10 feet along the stream and as far back as the
deposit ran. When lodes were discovered, the discoverer was usually
allowed two claims 100 feet long along the vein and 50 feet wide; then
others could stake one claim of this size on the vein. The miner could
follow his vein to depth, establishing extralateral rights. Rules were
made for marking the boundaries of claims and for recording them with
the district recorder. Miner’s courts were held to settle disputes.
Thus, American Mining Law was born.
=1–3= Today, the mining districts exist in name only. As county
governments were set up (recording districts in Alaska which has no
counties), the mining districts turned their records over to the county
recorders and left the making and enforcement of local mining laws to
state or county governments.
Mining districts may still be formed but any regulations that they may
impose cannot be in conflict with existing law at any level of
government. At this writing, none are known to exist; however, many
location certificate forms call for a mining district, as well as the
various forms provided by the Bureau of Land Management for the
processing of mineral surveys and patents.
Each state office, except Montana, maintains a map, chart or index of
mining districts although the boundaries may be vague and overlapping.
These records are available to the public so that they may use a
district name, if available.
If a claim is located in an area where no district exists, it is
customary to state that there is no organized district or that the claim
is in an unorganized mining district. There is, however, no objection to
using a commonplace name as a district to aid in identification of the
claim.
[Illustration:
=THE GREGORY LODE, BLACKHAWK—CENTRAL CITY, COLORADO=
The first discovery of a gold vein in Colorado. (1858) Gregory, the
discoverer, was allowed two claims, 50 ft. wide and 100 ft. long;
others then staked claims 50 ft. wide and 100 ft. along the vein.
]
Federal Mining Laws (Title 30, United States Code)
=1–4= Act of February 27, 1865, Sec. 9 (13 Stat. 441): Recognized that
the public domain was being appropriated for mining purposes but that
such appropriation was by the law of possession and that the paramount
title to such lands lay in the United States.
Public-domain text, read in full here on John Shaqi.
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