An Act to Supplement the Mining Laws of the United
States in the Territory of Alaska, April 20th 1915
House Bill No. 48
H. B. NO. 4*.
AN ACT to supplement the mining
taws of the United States in the Ter
ritory of Alaska and to repeal an
Act, entitled. "An Act to supplement
the mining laws of th* United States
In their application to the Territory
of Alaska; providing for the location
and possession of mining claims in
Alaska and repealing all Acts and
parts of Acts in conflict herewith to
the extent of such conflicts, approv
ed April 30, 1*13."
Be It enacted by the Legislature of the
Territory of Alaska:
Section 1. Any person qualified un
der the laws of the United States, who
discovers upon the public domain with
in tlie Territory of Alaska, a placer
deposit of gold, or other mineral which
it subject to entry and patent under
the mining laws of the United Statcu.
may locate a mining claim thereon in
the following manner, to wit:
1st. He shall post, or write upon
the initial post, stake, or monument on
the claim, a notice of location contain
ing:
a. The name or number of the claim.
b. The name of the locator or lo
cators.
c. The date of discovery and of
posting notice on the claim.
U. The number of feet in length anti
width of the claim.
This notice shall he known ns the
location notice.
2nd. He shall distinctly mark the
location on the ground so that its
boundaries can lie readily traced, by
placing at each corner or angle there
of substantial stakes, or posts, not loss
lhan three feet high above the ground
and three inches in diameter, hewed
on four sides: or hy placing at each
corner or angle thereof mounds of earth
or rock not less than three feet high
and three feet in diameter and the
stakes, posts or monuments so used
must be marked with the name or
number of the claim and the designa
tion, bv number, of the corner nr angle.
The initial stake or monument shall be
one of the corner stakes, posts or mon
uments of the claim located
If the claim is located on ground
that is covered wholly or in part with
brush or trees, such brush or trees
shall b« cut or blazed along the lines
of such claim, so as to be readily
traced.
If located in an open country, the
boundary lines shall he located by
placing line stakes or line monuments
so as to he readily traced from corner
to corner of said claim.
Section 2. Within ninety days after
the discovery and posting of the notice
aforesaid, the locator shall record with
the Recorder of the District wherein
such claim is situated, a certificate of
location Such certificate shall con
tain:
a. The name or number of the
claim.
b. The name of the locator or lo
cators.
c. The date of discovery and of
posting of the location notice.
d. The number of feet in iengtli and
width of the claim.
e. It shall set forth the description
with reference to some natural object,
pernianent monument, or well known
mining claim, together with a descrip
tion of the boundaries thereof so far
as applied to the numbering of stakes
or monuments.
A failure to record a certificate of
location of claim as herein provided
shall operate as and be deemed aban
donment thereof, and the ground so
■
located shall be open to re-location;
provided, that if a full compliance with
the preceding provisions of this act
shall have been made before any lo
cation by another, such compliance
shall operate to prevent the abandon
ment or forfeiture of such claim and
save the rights of the original locator.
Section 3. No association placer
mining claim shall hereafter lie located
in Alaska in excess of forty acres, and
on every individual or association plac
er mining claim located in Alaska after
August 1st. 1»12, and until patent hss
been issued therefor, not less than One
Hundred ($100.00) Dollars worth of
labor shall be performed or improve
ments made during each calendar year,
including the year or location for each
ajtd every twenty acres or froctien
thereof and where the title or two or
more contiguous placer claims has
become vested in the same person or
corporation, tlie said annual assess
ment work or improvements may lie
done or made at any place or places
on said contiguous placer claims, pro
vided, that such work or Improvements
Inures to, and is for the benefit of the
entire area of such placer claims. In
computing the value of assessment
work or improvements, the rate of
wages paid in the vicinity for similar
work, shall be allowed.
Section 4. And It is furtner provided
that a survey of the claim or claims
by a 1’nltcd Stales Mineral Surveyor
may be credited to annual assessment
work, but in no case shall the credit
for such survey and its attendant ex
pense, exceed the required assessment
for one year on the claim or claims sur
veyed. When credit is sought for such
work or Improvement, the claimant
must Ale in flic Recorder’s office In
tile district In which tlie claim is sit
uated file field notes of the survey, to
gether with a voucher showing the
cost of such survey, properly attested
hy tlie surveyor, incorporated Into the
proof of annual labor as in case of
other class of labor or improvements,
as provided for in Section Seven l7i
of this act.
Section 5. That no individual placet
mining location hereafter made aliaII
be more Ilian thirteen hundred twenty
tis.’ut feet in its greatest length, and
no association placer mining claim
hereafter located shall lie more than
two thousand six hundred forty CitHO)
feet in its greatest length.
iAny location made containing an
excess of ground beyond the limits
prescribed in litis Act, either in area
or length, may be re-located as to
such excess, Imt such re-location shall
be upon that end uf the claim farthest
from the initial stake, post or monu
ment.
Section B. Tlmt no power of attorney
for the location of placer mining claims
in Alaska shall lie valid or have any
force or effect whatsoever, nor shall
any locations made thereunder be
valid or have any force or effect unless
such power of attorney be duly ex
ecuted and acknowledged before an of
ficer authorized to administer oaths
and recorded In the office of the Re
corder for the District In which such
claim is located, prior to the date of
the filing for record of any location
thereunder. And no person shall tie
authorized to act as agent or attorney
for the location of placer mining claims
except under written power of attorney
duly executed and acknowledged, and
no person shall lie competent to act as
agent or attorney in fact for the loca
tion of placer mining claims for morn
than one Individual in any one Re
cording District during Ihc same calen
dar month. That no person shall here
after locate, or cause to lie located for
himself, more than two placer mining
claims in any one calendar month. In
any one Recording District, one or
both of which locations may lie in
cluded in association claims.
Section 7. In order to hold n claim
or claims after I lie annual assessment
work has been done thereon, t lie* owner
of such dni mor claims, or some other
person having knowledge of the facts,
shall make and file an affidavit of ttie
performance of such assessment work
with the Recorder of Ilia District in
which such claim or claims Is or are
located, not later than ninety (flO) days
after the close of (he calendar year
in which such work was done, or the
improvements made, which affidavit
shall set forth the following.
a. The name and number of the
claim and where situated.
li. The number of the days work
and the character and value of the
improvements made thereon.
c. The date of the performance of
such labor and the making of such im
provements.
d. The place where such work was
done and improvements made with re
ference to the boundaries of such
claim.
e. At whose instance the work was
done and improvements made.
, f. The actual amount paid for such
work and improvements and by whom
paid, when such work was not done
or improvements made by the owner.
The failure to file for record the
proof of assessment work as herein
provided, shall lie deemed an aban
donment of the location and the claim
shall be subject to relocation by any
other person, provided, however, that
a eompliance with the provisions of
this section before any relocation, shall
operate to save the rights «C Uia orlg
Inal locator, and further provided, that
if said placer claim or claims have
not been relocated by any other per
son or persons within one year after
such forfeiture, the last locator, claim
ant or owner of such forfeitured claim
may return to said forfeited claim or
claims and relocate the same as though
the same had never been located.
Section 8 Any person who shall
make or subscribe any affidavit re
quired to be made under the prov isions
of this Act. knowing the statements
therein contained, or any of them, to
be false ,in whole or in part, or without
knowing the statement* therein con
tained to be true, shall be deemed
guilty of perjury, and upon conviction
thereof shall he punished by Imprison
ment in the penitentiary not less than
one year nor more than five years
Any person who shall induce or pro
cure. or shall aid in inducing or pro
curing another to commit perjury, as
herein defined, shall be guiltv of sub
ornation of perjury and upon convic
tion thereof shall he punistied as here
in provided for perjury.
Section 8. That any placer mining
claim located or attempted to lie le
rated in violation of any of the pro
visions of this Act. shall be null and
void and revert to the public domain
and may he located hy any qualified
locator as if no such prior attempt had
been made
LODE CLAIM*.—HOW LOCATED.
Section 10. Any person who dis
covers upon the public domain of the 1
United States, within the Territory of
Alaska a vein. lode, or ledge of rock
in place, hearing gold, silver, cinnabar,
lead, tin, copper, or other valuable min
eral deposit, which is subject to entry
and patent under the raining laws of
the Unit’d States may, if qualified hy
the laws of the United States, locate a
lode mining claim upon such vein, lode
or ledge by defining and marking the
discovery point and the boundaries of
tlie claim, in the manner hereinafter
described, and hy posting a notice of
such location at the point of discovery.
NOTICE OF LOCATION—Contents of. J
Section 11. The notice of location
posted upon the claim must cnntaie the
following:
First: Tlie name of the lode or
i
claim.
Second: Thy name of the locator or
locators.
Third: The number of lineal' feet
claimed in length along th# center line
of the claim, each way from the point i
of discovery, with the width on each !
side of center line of the claim at the
surface jnd the general course of the
vein or lode a* near as can he deter
mined
DISCOVERY.—How Defined.
Section 12. The discovery upon
which tlie location is based must, at
the time of location, bti defined upon
the ground hv the removal of so much
of the surface material as may be
necessary dearly to expose the dis
covery claimed, and in such manner
as to perpetuate its identity, and pre
serve it. so far as practicable, from
obliteration: also its locus must he
witnessed by erecting a substantial
monument or post, bearing the notice
of location, as near the discovery as
practicable.
BOUNDARIES AND EXTENT OF
LODE CLAIMS.
Section 13. The locator must so de
fine the boundaries of his Hsim upon
the ground that they may he readily
traced, and in no case shall the claim
extend more than fifteen hundred
tir.00) feet along the center line of
the claim, nor more than three hun
dred (300) feet on either side of tho
center line of the claim, at the surface
thereof, as near as can be determined.
In no case shall the markings of the
boundaries of the claim upon the
ground consist ef less than the follow
ing: The erection at each corner of the
claim and at each angle in the side
lines, If such there bo .of a substantial
monument or stake, or the blazing of a
tree, at least three inches in diameter,
each of which shall bear the initial
of the lode or claim and a designation
as tn the point upon the boundaries of
the claim which the said monument re
presents. The center lino and both
end lines shall be marked by blazing
trees or by cutting brush, or the erect
ing uf line monuments, as the nature
of the country requires so that the
linos of th* location mav he readily
traced upon the ground.
Where the true point for a corner
or angle corner is for any reason in
accessible or the erection of a monu
ment thereat Is impractible. a witness
monument may be erected as near to
the true point as practicable, which
witness monument must tie so marked
as to indicate with reference thereto
the position of the true point for the
corner or angle point Such witness
corner or monument shall not he of
lesser si/.e than is prescribed for other
corners
The completion of the marking of
the boundaries of the claim upon the
ground shall follow the posting of the
notice of location within a reasonable
time, not to exceed thirty 130> days
RECORD OF LOCATION.
Section 14. Within ninety (ftfli da vs
of the posting of the location notice
upon the claim, a certificate of location
shall be recorded with the Recorder of
the Olstriet within which Ihe claim is
located Such certificate must con
tain date of location, name or names
if locators, and such a description of
tlie claim with reference to some nat
urn! object or permanent monument
as will ld«ntifv the claim located, and
may also contain such further matter
as wilt serve to more completely de
scribe the boundaries and loon* o* the
claim
AMENDED LOCATIONS AND
CERTIFICATES.
Section la. A locator or claimant
may at any time, subject to interven
ing rights amend his location and make
any desired change in his boundaries,
by marking the location, as amended,
upon the ground, and b> filing an
amended certificate of location, such
marking and certificate to conform to
the requirements of this Act with re
ferences to an original location.
TUNNEL RIGHT.—Location of.
Section 16. Any person who pos
sesses the qualifications necessary for
the locator of a, lode may locate a tun
nel right or location by posting a no
tice of location at the portal of the
tunnel, which notice must contain:
First: The name of the locator or
locators.
Second : Tile date of location.
Third: The proposed course or di
rection of tunnel
Fourth: Such a description of the
tunnel, with reference to some natural
object or permanent monument as will
serve to identify it.
Boundaries of the Tunnel Location:
The boundaries of the tunnel loca
tion shall he marked upon the ground
by means of stakes or monuments
placed along the proposed . nurse or di
rection of the tunnel at intervals of not
more than six hundred (600) feet from
i he portal of the tunnel to the terminus
of three thousand (.1000) feel therefrom
and the tine blazed as required under
lodes.
Record of Location: Shall tic per
formed as required under lodes
Assessment Work on Tunnel Sites:
During each year, including the year
of location, five hundred (tiuoi dollars
worth of labor shall he performed or
improvements made on each tunnel site
heretofore or hereafter located: and
proof of such annual labor shall lie
made and recorded in tlie* manner re
quired under the* provisions of lliis Act
relating to lode claims: provided, that
the cost of making survey of such
tunnel site shall not he counted toward
such annual expenditure
LOCATION OF MILLSITE CLAIMS
Section 17. The proprietor of a lode
claim (or (lie owner of a quartz mill
or a reduction works situate upon the
land proposed to be located), may lo
cate not more than five acres of non
mineral land as a millslte, by posting
thereon a notice of location and by
marking t lie boundaries thereof as
hereinafter provided.
The notice of location must contain:
First: The name of the locator or
locators.
Second: The name of the lode claim
or claims to which the millsite is ap
purtenant. or of the quartz mill or re
duction works, owned by the locator or
locators.
Third: The date of location.
Fourth: The amount nf surface
ground claimed.
Fifth: Such a description of the
millsite with reference to some nat
ural object or permanent monument as
will identify it.
The boundaries and corners of the
millsite must be marked upon the
ground in the same manner as required
by the Act for lode locations.
Recording shall be performed as re
quired undor lodes.
Assessment Work on Millsite*: Dur
ing each calendar year after the vea
of location and until patent has beet
issued therefor, it least twenty-flvf
li'j'ii dollars worth of labor shall bt
performed or improvements made upot
each millsite claim heretofore or here
after located In the Territory of Al
aska.
And tile locator or owner of such
claim, or some person having know
ledge of i he facts, shall make and tile
with the Recorder of the District ii
which the claim is situate an affidavit
showing rlie performance of labor oi
making of Improvements to the
amount of twentv-five ($25) dollars a.a
aforesaid, and specify the character
and extent of such work in the manner
set fortli in this Act under the provis
ions relating to proof of labor on lode
claims
Provided, that the claimant or owner
of anv millsite claim in the Territory
of Alaska shall have the privilege of
pay ing on or before the Hist day of De
cember of the etirreti year to the Ter
ritorial Treasure of Alaska the sum of
twenty-tive i$2.'i) dollars, lawful money
of the I'nited States in lieu of expend
ing the said amount on labor or im
provements on the said niillsile claim
a, said current year.
The Territorial Treasurer shall issue
a receipt therefor, which receipt shall
bear upon its lace the name oi the
said niillsile. claim, tile name oi the
claimant thereto, the name of the pei -
son making the payment, and such
description of, or reference to the lo
cation notice of said claim as will posi
tively mdenily it. and tin* recording ol'
such receipt with the Recorder of the
District in which such claim is situate,
with in ninety (!Ml) days after the issue
thereof, shall be deemed the equivalent
o' the performance of twenty-five
IJHa.UUt dollars worth of annual labor
or making of improvements on or f it
lliu benetit of said millsite claim.
Provided, also, that the cost of mak
ing a survey of such millsite claim by
a I'tilled States Mineral Surveyor shad
in deemed to tall within tin* meaning
of the term "making of improvements"
as hereinbefore used: tile procedure in
such cases to follow the requirements
of tills Act relating to the survey of
lode claims in ill respects.
SURVEY OF MINING CLAIMS.
Section IS. Whei'c* the* locator or
owner of a lode. tunnel site* or millsite*
claim has all th»* exterior lines. or thee
eloundarles of liis claim surveved, and
t lie corners established ley a I'nited
States Mineral Surveyor corner .Vo 1
of the* location should la* connected hv
course and distance with the nearest
corner of the public survey or with a
I'uiteel States Monument, if the claim
lies within two miles of such corner
or monument. Tn case the claim is
situated in a district where there are
no corners of the public survey and
no memumonts within (lie prescribed
limits, tit* I'nited States Mineral Sur
veyor will proceed to establish such
mineral monument in accordance with
the requirements of the I'nited States
Mining Laws. The locator will incor
I torn I e Into Ills amended location no
tire the Held notes of said survev which
shall contain ;i certificate bv said Min
eral Surveyor, setting forth;
First: That such survey was actu
ally made by him in his own proper
person, giving tin- date thereof, and
the name of all assistants
Second: The name of the .Joint and
locator or locators thereof.
Third: That the description incor
porated into the amended location no
tice is sufficient to identify the locus
of the claim.
An amended location notice, includ
ing said field notes and accompanying
certificates, is prima facie evidence of
the facts therein contained, and shall
he recorded with the Recorder of the
district within which the claim is lo
cated.
ANNUAL ASSESSMENT WORK.
Section 19. On each location one
hundred ($100 00) dollars worth of la
bor shall In* preformed or improve
ments made during each ralander year
until the Register's final certificate
therefor has been issued
Provided, that the period within
which the work required tn be done
annually on all unpatented lode claims
shall commence on tin* first day of
January succeeding the dote of loca
tion of such claim; and if the claim in
cludes more than one location, under
one ownership, and the locations are
contiguous the annual assessment work
to the amount of one hundred ($100.00)
dollars for each included location, may
' be done in common, provided such
1 work and improvements lends to tlie
1 benefit of the entire group, in accor
p dance with a systematic plan therefor
Section i-'O And it is further pro
vided. that a survey of the claim or
claims bv a United States Mineral Sur
veyor may he credited to annual as ■
sessment work, hut in no case shall
the credit for such survey and its at
tendant expense, exceed the required
assessment for one vear on the claim
or claims surveyed When credit is
sought for such work or improvement
the claimant must file In the Recorder's
office in the district in which the claim
lies, the field notes of the survey, to
gether with a voucher showing the cost
of such survey, properly Attested bv
the Miirvevor. incorporated into the
proof of Annual labor, as in case of
other classes of labor or improvements
as provided for in Section 19 of thi*
. Act.
RECORDING OF AFFIDAVITS OF
ANNUAL LABOR.
Section 21 The owner of a lode
claim or claims or some other person
having a knowledge of the facts, shall
record with the Recorder of the Die -
trict wherein such lode claim or claims
is or are situated, an affidavit showing
the performance of annua! lahor or
the making of improvements to the
value of one hundred ($100 00) dol
lars upon or for the benefit of ea> V)
claim
Provided, that the owner of a group
of contiguous lode claims may incor
porate within a single affidavit his
proof of labor performed or improve
ments made upon or for the benefit of
each, any or all of the locutions erri -
braced within such groups
fn ail cases the affidavit shall set
forth the following:
First: The name of the claim or
claims, and where situated
Second A detailed description of
the work done or improvements .nt»(1 *
upon, or for the benefit of each claim
together with the location of the same
with reference to the boundaries of the
claim
Third: The date of the performam t
of such lahor nr of making of improve
ments
Fourth: The number of da vs work
done on or for the benefit of the claim
and the character and value of the
improvements made
Fifth: At whose instanee the Work
was done and improvements made
Sixth The actual amount paid for
such work and improvements and Ijv
whom paid.
Seventh: The wages charged whieft
shall he at the customary dallv rate
prevailing in the district in which the
work is done
Fight A declaration that the lime
of expense of traveling to and from the
claims has not been included in com
puting the cost of suen assessment
work.
Ninth That not more than eight
hours per man in any one day has
been charged to such assessment work
Such affidavit shall he filed with the
Recorder of the District within which
the claim or claims are located, not
later than ninetvt'tOl days from the
* lose of the calendar year during which
the work was done of improvements
made.
For the filing, recording and indexing
of such affidavit the Recorder shall re
reive tin* customary fee for the tiling
of a notice of location of a mining
claim in the district wherein he is Re.
colder .and in addition thereto, the sum
of twenty-five (25c) cents for- each and
even claim included in the affidavit
above a single claim, when such affi
davits covers a group of contiguous
locations
Should the locator of a lode claim
tunnel or miltsite, (or his reirs or as
signs) fail to comply with any of the
provisions of Sections ten (10) to
twenty-one (21) inclusive of this A. t.
the burden of proof shall be upon the
owner of such claim or claims as to the
compliance with the provisions hereof
In the event of any failure, a re-loca
tion of the lands involved shall ho void
if made directly by or indirectly in th«
Interest of. such delinquent locator ,,r
his successors in interest, until orte
calendar vear shall have elapsed sine*
the failure obtained
Section 22. That Chapter T4, Alaelw
Session t.aws, 1919. and all other Acrs
or parts of Acts in conflict with this
Act are hereby repealed.
Approved. April 20 1915
THE ABOVE PRINTED LAWS ARE
FOR SALE AT THE NUQQRT
OFFICE.
( . -a *» erJ