30 U.S.C. § 28 : US Code - Section 28: Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual labor or improvements on claims pending issue of patent; co-owner's succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure
Search 30 U.S.C. § 28 : US Code - Section 28: Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual labor or improvements on claims pending issue of patent; co-owner's succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure
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 location must be distinctly marked on the ground
so that its boundaries can be readily traced. All records of mining
claims made after May 10, 1872, 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 10th day of May 1872, that is granted a waiver
under section 28f of this title, and until a patent has been issued
therefor, not less than $100 worth of labor shall be performed or
improvements made during each year. On all claims located prior to
the 10th day of May 1872, $10 worth of labor shall be performed or
improvements made each year, 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 upon a failure to comply with these conditions,
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 that the original locators, their heirs,
assigns, or legal representatives, have not resumed work upon the
claim after failure and before such location. Upon the failure of
any one of several coowners to contribute his proportion of the
expenditures required hereby, the coowners who have performed the
labor or made the improvements may, at the expiration of the year,
give such delinquent co-owner personal notice in writing or notice
by publication in the 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. The period within which the work required to
be done annually on all unpatented mineral claims located since May
10, 1872, including such claims in the Territory of Alaska, shall
commence at 12 o'clock meridian on the 1st day of September
succeeding the date of location of such claim.
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 May 10, 1872; 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 this section. On all such
valid claims the annual period ending December 31, 1921, shall
continue to 12 o'clock meridian July 1, 1922.
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