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1870 Placer Mining Act
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Woof!



Joined: 09 Jan 2012
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Location: Gold Trail

PostPosted: Sun Feb 05, 2012 4:28 pm    Post subject: 1870 Placer Mining Act  Reply with quote

IN THE SENATE OF THE UNITED STATES.
June 28, 1870

AN ACT
To amend "An act granting the right of way to ditch and canal owners over the public lands, and for other purposes."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the act granting the right of way to ditch and canal owners over the public lands and for other purposes, approved July twenty-six, eighteen hundred and sixty-six, be, and the same is hereby, amended by adding thereto the following additional sections, numbered twelve, thirteen, fourteen, fifteen, sixteen, and seventeen respectively. which shall hereafter constitute and form a part of the aforesaid act.

SEC. 12 And be it further enacted, That claims usually called "placers," including all forms of deposit. excepting veins of quartz, or other rock in place, shall be subject to entry and patent under this act, under like circumstances and conditions, and upon similar proceedings, as are provided for vein or lode claims: Provided, That where the lands have been previously surveyed by the United States, the entry in it's exterior limits shall conform to the legal subdivisions of the public lands, no further survey or plat in such case being required, and the lands may be paid for at the rate of two dollars and fifty cents per acre: Provided further, That legal subdivisions of forty acres may be subdivided into ten-acre tracts; and that two or more persons, or associations of persons, having contiguous claims, may make joint entry thereof: And provided further, That no location of a placer claim hereafter made shall exceed one hundred and sixty acres for anyone person, or association of persons; and nothing in this section contained shall defeat or impair any bona fide pre-emption or homestead claim, or authorize the sale of the improvements of any bona fide settler to any purchaser.

SEC. 13. And be it further enacted, That where said person or association, they and their grantors, shall have held and worked their said claims for a period equal to the time prescribed by tho statute of limitations for mining claims of the State or Territory where the same may be situated, evidence of such possession and working of the claim for such, period shall be sufficient to establish a right to a patent thereto under this act, in the absence of any adverse claim: Provided, however, That nothing in this act shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent.

SEC. 14. And be it further enacted, That all affidavits required to be made under this act, or the act of which it is amendatory, may be verified before any officer authorized to administer oaths within the land district where the claims may he situated, and all testimony and proofs may be taken before any such officer, and when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register and receiver of the laud office: Provided, That in all cases of contest such testimony and proofs shall only be taken on at least ten days' personal notice to the opposing parties, when such parties can be found: and if they cannot be found, then by at least forty days' publication in a newspaper published nearest to the location of said claims and the register of the land office shall require proof that such notice has been given.

SEC. 15. And be it further enacted, That registers and receivers shall receive the same fees for services under this act as are provided by law for like services under other acts of Congress; and that effect shall be given to the foregoing act according to such regulations as may be prescribed by the Commissioner of the General Land Office.

SEC. 16. And be it further enacted, That so much of the act of March third, eighteen hundred and fifty-three, entitled "An act to provide for the survey of the public lands in California, the granting of pre-emption rights, and for other purposes," as provides that none other than township lines shall be surveyed where the lauds are mineral, is hereby repealed, and the public surveys are hereby extended over all such lands: Provided, That all subdividing of surveyed lands into lots less than one hundred and sixty acres may be done by county and local surveyors at the expense of the claimants.

SEC. 17. And be further enacted, That none of the rights conferred by sections five, eight, and nine of the act to which this act is amendatory, shall be abrogated by this act, and the same are hereby extended to all public lands affected by this act; and all patents granted or pre-emption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights as may have been acquired under or recognized by the ninth section of the act of which this act is amendatory.

Passed the House of Representatives March 17, 1870.

Attest: EDWARD McPHERSON, Clerk.
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Woof!



Joined: 09 Jan 2012
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PostPosted: Sun Feb 05, 2012 5:15 pm    Post subject: Reply with quote

1. Did the 1870 Placer act repeal the 1866 Grant?

2. Did the 1870 Placer Act change any part of the 1866 Grant?

3. What is meant by this phrase in Section 12:
Quote:
That where the lands have been previously surveyed by the United States, the entry in it's exterior limits shall conform to the legal subdivisions of the public lands,



Woof!
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daubster



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PostPosted: Sun Feb 05, 2012 6:25 pm    Post subject: Reply with quote

1)Did the 1870 Placer act repeal the 1866 Grant?

No, It ammends the 1866 act by granting right of way to canal and ditch owners.

2. Did the 1870 Placer Act change any part of the 1866 Grant?

No, it amends and adds to the 1866 act by granting right of way to canal and ditch owners and adds the same rights and protections to placer claims that lode and vein claims have.

3. What is meant by this phrase in Section 12:

It directs placer claimants to use the existing plat survey lines that already exist and no further survey is required.
(I believe the intent was to save confusion, time and money in the establishment of claim boundries)

Bruce
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beebarjay



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PostPosted: Mon Feb 06, 2012 4:33 am    Post subject: Reply with quote

!.  No it re-enforced the 1866 Act and gave further clarity to the issue of Placer claims and their existance/location.  It gave specific language to placers vs lodes, and insured the same rights of placer claims to those of lodes.  Without doing a "right now" analysis of the 1866 Act, there had to be issues arrising that gave cause to addressing issues pertaining to placer claims. So the Placer Act is a re-enforcement of the Grant, and specifically water rights and survey locating methods of the Fed Gov vs those of States.

2.  I will have to give considerable thought to the word "Change" in respect to the aspect of "Grant".  While my current readings make the Grant itself unchanged it does change some criteria by which a placer claim Grant is applicable.  It extends and re-enforces the Grant but creates some specifics by which the Grant is passed to the placer claim miner.

3.  The physical location of placers was extended to the Fed surveys and allowed for those surveys to be used/incorporated into the locating of placers.....unlike lode claims that have different criteria.

Again the placer act was a re-enforcement of the Granted rights.  I will have to study to determine where the ambiguity occured......that resulted in the Congressional need for clarification.

BUT I believe I have located a good source for the answer to that specific question.  I am not sure if that would be considered cheating.  Advise and I will proceed.


bejay
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Woof!



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PostPosted: Mon Feb 06, 2012 9:22 am    Post subject: Reply with quote

Bruce,

Hang in there. I will respond to all the answers once everyone has a chance to reply.

Bejay,

Any materials that are germane to the lesson are welcome.

Woof!
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lastchancelarry



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PostPosted: Mon Feb 06, 2012 1:25 pm    Post subject: Reply with quote

1. Did the 1870 Placer act repeal the 1866 Grant?
No, it added to by amending it and I quote “To amend “An act granting the right of way to ditch and canal owners over the public lands, and for other purposes”. “ It kept intact the whole act and added sections 12-17 respectively. It repealed in sec. # 16 the act of 1853.

2. Did the 1870 Placer Act change any part of the 1866 Grant?
No it expanded the act to include placer claims

3. What is meant by this phrase in Section 12:
Quote:
That where the lands have been previously surveyed by the United States, the entry in it's exterior limits shall conform to the legal subdivisions of the public lands,

Where the land in question has already been surveyed, the claim is not to extend past the existing survey lines, basically fall in line with the existing lines.
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beebarjay



Joined: 30 Dec 2011
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Location: Central Oregon Coast & Az

PostPosted: Mon Feb 06, 2012 5:06 pm    Post subject: Reply with quote

For those who would like a comprehensive understanding as to the historical review of why things (laws) were passed pertaining to mining. Reading it gives very good reasoning as to the "why".  It is a very good read:
"MINING RIGHTS OF THE PUBLIC DOMAIN 1908 (600P ppgs)."  Lode and Placer Claims: Statutes, Decisions, Forms & Land Office Procedure.

I have not read the whole document but in my reading so far it gives significant information as to why laws were ammended and additional language was considered.

The publication can be found on the SWOMA site and those who want to investigate the document can do so.  I will post my findings when I have found that section that pertains to this classroom discussion.

Enjoy and good luck,

bejay
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Glindberg



Joined: 04 Jan 2012
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PostPosted: Mon Feb 06, 2012 5:55 pm    Post subject: Reply with quote

1. Did the 1870 Placer act repeal the 1866 Grant?
No it did not repeal the 1866 Grant, it added sections 12,13,14,15,16 and 17 to it


2. Did the 1870 Placer Act change any part of the 1866 Grant?
Yes section 14 changed the 1866 Grant:
And be it further enacted, That all affidavits required to be made under this act, or the act of which it is amendatory,may be verified before any officer authorized to administer oaths within the land district where the claims may he situated, and all testimony and proofs may be taken before any such officer, and when duly certified by the officer taking the same, shall have the same force and effect as if taken
before the register and receiver of the laud office:

Also gave a more specific time for claims in contest:
(also sec 14)
Provided, That in all cases of contest such testimony and proofs shall only be taken on at least ten days' personal notice to the opposing parties, when such parties can be found: and if they cannot be found, then by at least forty days' publication in a newspaper published nearest to the location of said claims and the register of the land office shall require proof that such notice has been given.

Section 17 Re-affirms the rights of Sec 5,8 and 9 (though it Did not change them)

And be further enacted, That none of the rights conferred by sections five, eight, and nine of the act to which this act is amendatory, shall be abrogated by this act

ABROGATION, in the civil law, legislation. The destruction or annulling of a former law, by an act
of the legislative power, or by usage. A law may be abrogated or only derogated from; it is abrogated
when it is totally annulled; it is derogated from when only a part is abrogated: derogatur legi, cum pars
detrahitur; abrogatur legi, cum prorsus tollitur. Dig lib.. 50, t. 17, 1, 102. Lex rogatur dum fertur;
abrogatur dum tollitur; derogatur eidem dum quoddam ejus caput aboletuer; subrogatur dum aliquidei adjicitur; abrogatur denique, quoties aliquid in ea mutatur. Dupin, Proleg. Juris, Art. iv


3. What is meant by this phrase in Section 12:
Quote:
That where the lands have been previously surveyed by the United States, the entry in it's exterior limits shall conform to the legal subdivisions of the public lands,

I believe That the placer claim must fall w/i Legal subdivision limits (this I believe is Township, Sectionand Range) not to exceed 160 acres and can be legally subdividedto down to 10 acres from 40 acres

SECTION OF LAND. The lands of the United States are surveyed into parcels of six hundred and forty acres; each such parcel is called a section.
1 Story's L. U. S. 422.

2. These sections are divided into half sections, each of which contains three hundred and twenty acres, and into quarter sections of one hundred
and sixty acres each.

SURVEY, The act by which the quantity of a piece of land is ascertained; the paper containing a
statement of the courses, distances, and quantity of land, is also called a survey.

2. A survey made by authority of law and duly returned into the land office, is a matter of record, and of equal dignity with the patent. 3 Marsh. 226; 2 J. J. Marsh, 160. See 3 Greenleaf, 126; 5 Greenleaf, 24; 14 Mass. 149 1 Harr. & John. 20 1 1 Overt. 199; 1 Dev. & Bat. 76.
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lastchancelarry



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PostPosted: Tue Feb 07, 2012 5:56 am    Post subject: Reply with quote

nice job glindberg (and everyone) althoguh I wonder if woof will say changing the 1866 act is defined as adding to and or calrifying...I was wondering if this was a trick question..I chose to "keep it simple" and rely on keeping the 1866 act intact and expanding on it is not changing it..I look forward to being corrected if that is the case..I was looking deeply into each section for changes...
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beebarjay



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PostPosted: Tue Feb 07, 2012 7:10 am    Post subject: Reply with quote

I agree Larry , as my #2 answer gave pause to the word "change".  Modification of a Grant to be specific to include is in a way a change.  But the Grant: per its meaning is not changed.  I have not had time to go to my suggested reading and research the issue, and I will be off line for 2 days.  But there could be a technical legal issue pertaining to the Grant that has significant merit.

Woof would be extremely knowledgable regarding that aspect of "change".  In the back of my mind there has to be something technical to the question regarding "change".  And if there was a strengthening or need for modification the answer to the question could be determined within that concept.  I strongly feel the answer is in my suggested reading but I have had other immediate pending issues to address momentarily.

bejay


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