§27. Mining tunnels; right to possession of veins on line with; abandonment of right

Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such tunnel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from the surface; and locations on the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same is being prosecuted with reasonable diligence, shall be invalid; but failure to prosecute the work on the tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line of such tunnel.

(R.S. §2323.)

Codification

R.S. §2323 derived from act May 10, 1872, ch. 152, §4, 17 Stat. 92 .

Short Title

This section is popularly known as the Tunnel Site Act.

Temporary Suspension of Work Requirements

Act June 22, 1944, ch. 271, 58 Stat. 324 , provided that from June 22, 1944, to 6 months after cessation of hostilities in World War II, no location on the line of a tunnel run for the development of a vein or lode or for the discovery of mines, or veins or lodes not appearing on the surface, made by parties other than the owners of the tunnel, shall be considered valid because of the failure of the owners to prosecute work thereon with reasonable diligence as required by this section.

Cessation of hostilities of World War II, was proclaimed at 12 o'clock noon of December 31, 1946, by Proc. No. 2714.

Promotion of Mining

See Promotion of Mining note set out under section 22 of this title.

Cross References

Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title.

Section Referred to in Other Sections

This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section 460mm–1; title 25 section 640d–10; title 43 sections 1712, 1714, 1732.