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Miners' manual, United States, Alaska, the Klondike. Containing annotated manual of procedure; statutes… Clark, Horace F. (Horace Fletcher), -1928 1898

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Array         MINERS' MANUAL
UNITED STATES, ALASKA, THE KLONDIKE
lNNOTATED MANUAL OF PROCEDURE;   .STATUTES AND,
AND   YUKON   DISTRICT;
ING   TERMS,   AND   INF
ING   ALASKA   AND
HORACE F. CLARK
Washington, D. C.
CHARLES C. HELTMAN, and
CHARLES P. CONS AU L
General LAnd Office Ç5f INTRODUCTION.
This book is divided into four parts as follows:
Part I. consists of a Manual of Mineral Land Law
of the United States, being a brief treatise upon the
rights acquired by location, entry and patenting of
public mineral lands, with a description of the various
steps in the acquisition of title, with numerous citations. Those who wish a reference to all of the decisions upon the various points of this branch of the
law, are referred to the Mineral Law Digest, compiled
by the authors hereof, and published by the publishers
of this book.
Part II. comprises the Mineral Land Statutes, with
latest regulations thereunder, prescribed by the Department of the Interior.
Part III. is a set of forms for use in relation to the
acquisition and transfer of title to mining claims,
prepared by those whose aggregate experience In the
handling of cases arising under the mineral land laws
extends over thirty years. This part includes a Glossary of mining terms in general use.
Part IV-. deals with Alaska and the Klondike region,
their   geographical   and   climatic   features,   traveled
eral statutes and regulations having especial application to Alaska and the mining regulations, of the
Canadian Provinces, North West Territory, British
Columbia, and Yukon District.
The Information contained in this division has been
drawn almost entirely from official sources, reports of
government explorers, of the Governors of Alaska and
other officials.
The subject of outfitting and transportation is also
here treated. [ MANUAL OF MINERAL LAND LAWS OF THE
UNITED STATES.
MINERAL DISTRIBUTION.
The public mineral lands in the various States and
Territories, with the exception of Wisconsin, Michigan,
Minnesota,1 Missouri, Kansas,2 Alabama,3 Oklahoma,1
and Texas, are subject to exploration, occupation, and s
purchase under the mineral land laws of the United
States.
The general Government has no ownership in the
lands of Texas, the title thereto being In the State,
by the terms of its admission into the Union, December 29, 1845. The second section of the joint resolution
of Congress of March 1, 1845, provided among other
things, that Texas "shall retain all the vacant and
unappropriated lands lying within its limits," to be disposed of by the new State, first, in discharging Its
debts and liabilities, the residue to be disposed of for .
such purposes and in such manner as to the State
should seem fit. The terms of this resolution having
been accepted, -Texas was admitted to the Union by
joint resolution of Congress of December 29, 1845 (9
Stat., 108).
The State has a public land system of its own, under
which its  lands,  both mineral  and agricultural,  are It may be added that the only minerals so far found
in these States of any considerable value, are coal,
iron,  copper,  lead and  zinc.
The States and Territories in which the public domain is found to contain minerals, arranged as near
as may be in the order of their importance in this particular, are Colorado, California, Montana, Alaska,5
Idaho, South Dakota, Utah, Nevada, Arizona, New
Mexico, Washington, Oregon, Wyoming, Arkansas,
and North Dakota.
The Executive Department of the Government,
charged with the sale of the public lands, obtains its
information as to the character thereof chiefly through
the representations of those who are seeking to acquire title under the laws. It is unable to advise
interested inquirers as to the locality of valuable unappropriated mineral lands, for the reason that the
discovery of such lands is invariably accompanied by
an act of appropriation by the fortunate discoverer.
Outside of what is disclosed by the public records,
the officials have no information not shared by the
general public. These records represent the claims for
which the Government title is asked. The public
domain in States and Territories not specifically excepted by statute, is all open to exploration by the
mineral prospector, and if found to contain valuable
mines, to occupation and purchase under the general
mining laws.6 No lands are now withdrawn from settlement and entry under the agricultural land laws
because believed to be mineral, and all such withdrawals made in the past by executive order, have
been revoked.' The prospector is not restricted in his
operations. He may explore any tract of unreserved
public land.
The relative rights and privileges of rival claimants
under the agricultural and mineral land laws, will be
fully considered under the title Character of Land.
3 records, and under what law, or
e production of g
old  i
a   Ala
ed.    It is thought
that
SeTe
c. 2319, U. S.  Rev
. Sta
tut.es,
cular of April 27,
1880
Copp OF   THE. UNITED   STATES. 5
whether unappropriated, of any specific tract, and
maps can be compiled from the records showing all
approved mineral surveys in any locality.
The discovery of mineral on a tract for which patent
has issued, or for which entry has been made, under
the general land laws, does not defeat the rights of
the patentee or entryman, as the case may be. Minerals discovered on such lands belong to the proprietor
of the soil. In many of the States government ownership of lands has long since been extinguished. The
general Government never owned any of the lands
of the original thirteen States. Many of the States
and Territories are entirely agricultural in character.
RESERVATIONS.
Within the various public land States are many
tracts of land, often of considerable extent, which are
excepted from the operations of the general land laws,
such as Indian reservations, National parks, forest
reservations, military reservations and private land
grants,  confirmed  and unconfirmed.
The Indian reservations, although numerous, are now
of comparatively small area. These are being still
further reduced by purchases from the Indians by
the United States for the purpose of opening the lands
thus acquired to disposal under the public land laws.
Generally these lands are disposed of under any of the
land laws applicable to the character thereof. An exception was made in recent legislation relative to portions of the San Carlos Indian reservation in Arizona
(Act of June 10, 1896, 29 Stat. 360), and to portions of
the Fort Belknap and Blackfeet Indian reservations
in Montana (Act of June 10, 1896, 29 Stat. 353-357).
Briefly stated, these acts provide for the purchase of
a portion of each reservation, the survey thereof, and
thereafter their disposal under the mineral and coal
land laws of the United States, with a preference
right of purchase by those who, prior to the cession
of the lands, had discovered and opened mines in good
faith.8
The largest and most important Indian reservation
I  By t
0 Stat., 93), the Territory of Oklahoma.8 Contrary to the usual
rule, the lands in Oklahoma are subject to disposal
only under the homestead and town site laws without
regard to their actual character. Sec. 16, Act of March
3, 1891 (26 Stat. 1026).
The lands remaining in the Indian Territory are not
subject to exploration, occupation and purchase under
the mineral land laws, and parties entering thereon
are liable to ejectment and prosecution as trespassers.
ALASKA.
By the act of May 17, 1884 (23 Stat. 24), the operation
of the mineral land laws of the United States was extended to Alaska. The claimant has to pursue exactly
the same course to acquire title to mineral lands there
that he would pursue in other public mineral land
States. The mineral land laws and regulations are
printed on pages 119 to 171; and in Part IV. of this
book may be found special information relative to
Alaska   and   adjacent   portions   of   the   British   Pos-
. NATIONAL PARKS.
The National Parks, such as the Tosemite in California, and the Yellowstone in Wyoming, were established for the purpose of preserving for the people,
regions of great natural beauty. The mineral deposits
therein are specifically reserved from the operation
of the mineral land laws.10
FOREST  RESERVES.
Within recent years a number of large reservations,
called Forest Reserves, have been established, under
the act of March 3, 1891 (26 Stat. 1103), by Executive
proclamation, in the public land States and Territories,   the   primary purpose   thereof  being  the  pro-
he opening of their
Sept
25,
1890
1890
(26
650) OF   THE   UNITED   STATES. 7
tection of the water supply from diminution by the
wanton and useless destruction of the forests in which
the streams have their origin. These reservations,
under the legislation providing for their establish-
' ment, were not subject to the operation of the land
laws, but the act of February 20, 1896 (29 Stat. 11), permits the acquisition of mining claims in those reservations of this character in Colorado, and by the act
of June 4, 1897,11 thé right was given to locate and
hold mining claims in any forest reserve. This legislation provides for the preservation of the timber.
MILITARY RESERVATIONS.
As the necessity for the use thereof ceases, the
various Military reservations are being restored to the
public domain, the agricultural lands therein after survey to be disposed of under the act of July 5, 1884 (23
Stat. 103). The mineral lands in the reservations, however, become subject to occupation and purchase immediately upon the abandonment thereof by the War
Department.
PRIVATE   LAND  GRANTS.
In those portions of the country acquired from Mexico, particularly in California, Arizona and New Mexico, exist large tracts of land granted to Individuals
by the Spanish and Mexican governments. They are
called Private Land Grants, and under the treaty of
cession the rights of the claimants are preserved.
Since the acquisition of this Territory the United
States   has  confirmed  and   patented  many   of   these
Many are still unconfirmed and unpatented, generally
because of the difficulty of determining to the satisfaction of all interested the proper situation and extent of the land granted. Those finally adjusted have
been disposed of in accordance with the terms of the
grant, interpreted in the light of the laws of Mexico.
These grants were generally pastoral grants, all minerals under the laws being reserved to the State.
However, all patents issued by the United States were !AL 1
LAWS
absolute   conveyances,   the    Government    making   no
never been done in any case, the only exceptions and
reservations contained in patents being those relating
to easements, and those designed to protect the rights,
under the law, of other private proprietors.. Hence
mineral claimants have no right to prospect and locate mining claims on such patented grants. They are
private property, and the minerals therein belong to
the owner under the patent. Neither have mining
prospectors the right to explore and occupy any portion of the lands within the claimed limits of unconfirmed grants. Until finally adjudicated they are in
a state of complete reservation and are excluded from
the operation of the public land laws.
By the act of March 3, 1891 (26 Stat. 854), a court of
private land claims was established for the purpose of
adjusting all such grants. Section 13 of this act contains a declaration that all valuable minerals are reserved to the United States, and in effect directs the
court to make a finding of facts relative to this particular if the point is raised. These grants are now
being patented by the Land Department under the
decrees of this court.
STATUS OF RESERVED LANDS.
Under his authority as Chief Executive, the President may establish reservations embracing unappropriated mineral lands, and such lands are not thereafter subject to location and purchase.13
It may, however, be stated as a general rule applicable to reservations of whatever character, with the
exception of private land grants governed by the
treaty with Mexico, that no rights acquired by citizens of the United States prior to the establishment
of the reservation are affected thereby. Accordingly,
mining locations regularly made prior to the reservation, and lawfully maintained, are private property, ■
and the owner thereof may- at any time take the steps
3 Fremc
. Flov,
1 L.   D., 552  (Op.   Atty.   Gen necessary to secure the fee-simple title. It must be
remembered, however, that this only applies to a location which was at such time fully perfected, and
even a location of this character, if not maintained,
would be treated as abandoned, and the land covered
thereby would become a part of the reservation.14
?    NAVIGABLE
Lands below high-water ma
on the banks of navigable
States in which they are situated, and the United
States will not recognize mining claims thereon.16
Whether lands are tide lands or whether streams are
navigable, is a question of fact to be determined in
each particular case.
The right to use such lands depends upon the local
laws. A mining claim may extend across and cover
the bed of a stream not navigable. If the claim is
taken by legal subdivisions, the description thereof,
according to the government survey, will control. In
such a case, if the stream is meandered (that is, if
the subdivisional  surveys extend only  to the  banks
GRANTS  TO  STATES.
The United States has granted to the several States
sections 16 and 36 in each township for the common
schools, excepting such as are mineral, and for the
acreage lost in this way the State may select an equal
quantity of unappropriated lands as indemnity.10 In
lieu of a place granted of sections 16 and 36, the State
of Nevada has been granted two million acres of public land.
surveyor, in running the lines of the
Belk v.  Meagher,  104 U. S., 279; Gwillim v. Donnellan,
J 10 MINERAL LAND LAWS
subdivisional surveys, is required to describe in his
field notes the character of the lands over which his
lines are extended. This statement is usually to be
found in the "General Description" at the end of the
field notes of the survey of each township, and is .
oalled the "return" of the surveyor. The public lands
are prima facie of the character noted by the surveyor, and the State may select lands in lieu of those
sections of its grant returned as mineral, or may, if
it so elects, disprove the return under the regulations
of the Department.17 Although mineral lands are excepted from the grant, a time is fixed at which the
State's title becomes absolute, if the land is not known
at that time to be mineral in character: If the sub-
divisional survey was made prior to the admission of
the State, this point of time is the date of the admission of the State to the Union; if such survey was
made after the admission of the State, the grant to the
State becomes absolute at the date of the approval
of the survey if the lands were not then known to be
mineral.
In case an application for patent for a mining claim
is presented covering any lands within sections 16 or
36, returned as non-mineral, if an. examination of the
same discloses that the claim was located prior to the
date when the State's right attached, if at all, the application is received and placed of record, and the
proper State official notified and allowed a certain
time to show cause why patent should not be issued on
such mineral application.
Should the application disclose that the mining claim
was located after the date when the grant became
effective, if at all, the mineral claimant is required to
make a prima facie ex parte showing that the land
claimed by him was known to be mineral at or prior
to the established date. Should such showing be made,
a rule Is laid upon the State to show cause as above
noted, but should the mineral claimant fail to make
out a prima facie ex parte case, his application is
finally rejected.
In all cases where the State fails to appear and make
objection after due notice, the application for mineral
patent is passed in this particular; but if a showing is
17  Paragraphs 103 et seq., page 167. i the companies
:al land office is had to determine the ques-
the land known to be mineral in charac-
date the grant to  the State took effect,  if
GRANTS TO RAILROADS.
s also granted to many railri
e quantities of land, in altern
sections on each side of its road, from five to fo
miles in width, mineral lands, other than those \
uable for coal and iron, being excepted.
The exception is effective a
mineral at any time prior t
certification.18
Of these granted alternate sectio
make lists of selections, describing'the tracts according to the government subdivisional surveys. These
lists are filed in the local land office and forwarded to
the General Land Office, where they are critically examined. A clear list is then made up of unappropriated lands not returned as mineral or alleged to be
such, which list is transmitted to the Secretary of the
Interior for patenting under the law.
Under the practice a list is prepared of all the lands
returned, or claimed as mineral or alleged to be such,
as well as all lands within six miles of mining claims,
and notice of the selection of said lands is required
to be published thirty days, after which testimony is
submitted at the local land office as to the character
thereof. Any person having claims, or who is familiar
with the character of the lands published, is invited to
appear and testify concerning the same.
Inasmuch as many mining claims are held under possessory title only, and there is no record thereof in
the Land Department, claimants are at fault if they
do' not advise the (
brief letter addressed to the Commissioner of the General Land Office, giving the section, township and
range, will be sufficient to prevent any final disposition of the land to a railroad company until the one
alleging the mineral character of the land has an op-
, 288.0 r
MINERAL LAND LAWS
be heard. The better plan, however, is
ing claimant to keep himself informed of
)f the land by frequent examinations of
of the local land office, or those of the
id Office, and, upon the filing of any selection list covering the tract in which he is interested,
to immediately file a duly corroborated protest under
oath, setting forth the nature of his claim. This
would insure the adjudication of all claims prior to any
final disposition  of  the land.19
The grant to the Northern Pacific Railroad Company
in Montana and Idaho Is being adjusted, as to the
mineral character of the lands, under the act of February 26, 1895, and claimants must protect their rights
in accordance with the terms thereof.20
AS TO THE CHARACTER OF LAND.
By Section 2318, United States Revised Statutes, all
"lands valuable for mineral shall be reserved from
sale, except as otherwise expressly directed by law."21
Act of July 4, 1866 (14 Stat. 86), re-enacted May 10,
1872 (17 Stat. 91).
It has been held that the character of land is open
to question until the issuance of final certificate of
entry for an agricultural claim, but that a discovery
of valuable mineral after the date of such certificate
will not affect the title under the agricultural entry.22
According to Section 2319, United States Revised
Statutes, all public lands in the States subject to the
mining laws are open to exploration, occupation and
purchase under these laws if mineral.
The miner has, therefore, the right to prospect, even
though his operations are carried on upon land settled and improved and claimed as agricultural,  pro-
19 See Departmental circular of July 9, 1894 (19 L. *D.,
culâr approTC^December 1°5, 1897,Dpagesei67 to &n0. ° °S
20 Circular Instructions, 20 L. D., 350; Sweeney t. N. P. E.
R.   Co.,  21 L.  D.,  65.
21 Davis' Adm'r v. Weibbolfl. 139 U. S.. 507. and cases
therein cited:   Deffeback v. Hawke,  115 U. S.,  392; Sparks v. .vements of the agri-
e with his. legitimate
use of the land for such purposes.23
Should the agricultural claimant believe himself
damaged by the acts of miners or prospectors, he
should apply to the local courts for relief. The executive branch of the Government will not exercise
'e to the right of
rival claimants. It is only when
one or the other seeks to acquire the legal title that
action will be taken by the Department of the Interior, and then only to determine to whom, under
the law, patent should issue. To illustrate: When an
agricultural claimant submits final proof, he is required to make a prima facie showing that the land
claimed by him is non-mineral. If the proof on this
point is not disputed and there is compliance with law
in other particulars, his final entry is allowed as a
matter of course. Should it be alleged, however, that
the land is mineral, by affidavits duly corroborated, a
"hearing" to determine this issue, at which both parties to the controversy may appear and submit testimony, is held, and thereafter such decision is rendered as may be warranted by the facts disclosed.'-*
It often happens that protests, alleging the mineral
character of lands, are filed after final agricultural
entry has been allowed thereon. To raise an issue,
such protests must be to the effect that the lands
were of known mineral value prior to the date of final
agricultural entry. Likewise an agricultural claimant
may contest an application for mineral patent, and it
may be stated as a general rule that the Department
will not take any measures to determine the character of the public lands, whether mineral or non-mineral, until an application for a grant of the legal title
thereto is submitted.25
It should be remembered in this connection that jurisdiction to determine the character of the public
lands is vested exclusively  in  the Executive,   acting
., 85; Lentz v.  Victor,
i   C. P. R. R. Co., 8 I
Bryden,   5   Cal.,   97;   Clark   v.   Duval,
J 14 MINERAL LAND LAWS
through the Land Department, the judgment of which
Is final.26 The courts may determine the right of possession. Such action, however, does not carry with it
the legal title, although the right of possession and the
right to the legal title may be in the same individual.
A valid location of mineral land confers a vested
right, and the mining claimant whose land has been
patented to a railroad company, to a State, or to an
individual as non-mineral through mistake, or upon
fraudulent representations, may still by a direct pro-
ceding in the courts have his rights enforced as against
the patentee.
It may be stated that in all cases where the government is under equitable obligations to protect the
rights of the aggrieved party, it will institute proceedings in a court of equity to have the improvidently
issued patent set aside, to the end that it may thereafter grant the legal title to the one to whom It rightfully belongs.27
LOCATION.
Under the statute (Sec. 2320, U.  S. Rev.  Stat.)  the
first step in the acquisition of title to the mineral lands
of the United States is discovery, the secc
the third, performance of   annual   labor,   com
called "assessment work,"  and  the fourth anij
The first three confer upon the miner a conditio
qualified title subject to forfeiture by failure to
ply with the conditions; the last, if there be no
or irregularity in the proceedings, vests in the
ant a title which the Government is bound to
into patent. The first title is possessory, the s
equitable, and the patent carries with it the
title of the Government.
Under the mining laws of Congress every val OF THE UNITED STATES. 15
cation of a mining claim is accompanied by the right
to the exclusive possession and enjoyment of the soil
of such claim. This right is not a mere easement.
Upon complying with the terms and conditions of said
laws the locator may have an absolute conveyance of
The holder of a possessory title under the mining
laws is not bound to apply for patent," or to pay for the
use of the land. "The miner having located his claim,
is to be treated as an express licensee of the United
States and independent of a purchase from the Government of his mining claim, he has, upon compliance
with the terms of the act a right to appropriate the
minerals therein contained. A title in fee by patent
is offered him, which he may at his pleasure accept or
reject." There is no time prescribed within which he
shall apply for a patent.28
So long as he relies upon his possessory right, however, his title Is somewhat uncertain, and he may lose
a valuable property through the negligence or bad
faith of his agents. The valid location of a mining
claim is a grant from the Government to the person
making the location. The location is the inception of
the grant, and the patent is its consummation. The
grant is kept alive by representation (work). A failure to represent forfeits the grant and makes void the
title acquired by location, and the ground thereupon
If the ground claimed has not already been appropriated by a prior claimant, and is of the character
alleged, by the successive steps of discovery, location
and annual expenditure, the miner has acquired a
vested right, a property capable of being transferred,
sued for, etc., as other real estate, subject only to the
paramount title of the United States, and the courts
will protect him in the full and free enjoyment thereof.
Locators of mining claims, so long as they comply
with the law, have "the exclusive right of possession
28   Silver Bow M. & M. Co. v. Clark, 5 Mont. 378; Talbott and enjoyment of all the surface included within the
lines of their locations." This Is a right of property,
and the claimant must protect himself from trespassers by proceedings in court.31 Mining claims held
by possessory title are property in the fullest sense of
the word, and may be sold, transferred, mortgaged and
inherited, and a location made in accordance with law
has the effect of .a grant by the United States of the
right of present and exclusive possession.32
The estimated mineral area is sixty-five million acres.
Since the passage of the first mining law twenty-nine
thousand patents have been issued, covering on an
average probably twenty-five acres each, and it is
estimated that there are at this time between four
and five hundred thousand valid mineral locations.
According to this estimate the greater number of
miners prefer to hold their claims under possessory
title.
The laws of the different States and Territories, '
and the regulations of the various mining districts,
differ greatly as to what constitutes a discovery of
valuable mineral, and the courts are no more uniform in their opinions on this subject. But something
must be found in place, as rock, clay or earth, so
colored, stained, changed and decomposed by the mineral elements as to mark and distinguish it from the
inclosing country.83 On this subject the courts have
said:
"A vein is discovered when there is disclosed a
well-defined body of rock in place carrying gold, which
body subsequently proves to be continuous." The
only line of demarkation between the vein and the
country rock may be the commencement of the rock
to bear mineral: Regular, well-defined and easily-
distinguished walls are not essential to the existence
of the vein. It is not necessary that the ore found
shall be 'pay ore,' for what is waste to-day may,
with   changed   surrounding  circumstances,   prove   to
.  762;  Belk v.  Meagher,  104
[or. Min. Rep., 510).   Gwillim
. McDonald, 2 I  sonable in themselves and not ii
higher law.37 Congress recognized
of miners under the rules of the J
ing this it has not parted i
ith i
The order in which mining laws are authoritative are:
first, National; second, State or Territorial; and third,
Mining District; and the last two are of no effect if
they attempt to regulate matters in which jurisdiction
is not conferred by the sections of the mining act
heretofore named. To be of effect a mining district
regulation must be in accordance with the laws of the
United States and of the State; must have been established and must be in force, as it does not, like a
statute, acquire validity by its mere enactment, but
from the customary obedience and acquiescence of the
miners, after its enactment.89 The jurisdiction of the
State or the mining district is limited to laws and
rules affecting the extent and manner of working
mining claims.40
The miner having made a discovery, and being desirous of securing the same to himself, should therefore inform himself as to all such laws and proceed in
compliance therewith. Should there be a conflict of law
or of regulation, he should be governed by that of
highest authority.
MINING   DISTRICTS.
Long before there was any National legislation relative to the mineral lands upon the public domain, sys-
if local mining laws, growing out of the necessities of the miners,  had been established where rich
mineral discoveries had brought together large num-
of prospectors.    These regulations were framed
fit the needs of each particular locality.   It has been
Lar
'   Mont.,   449; said: "The Land Department of the government, and
this court also, have always acted Upon the rule that
all mineral locations were to be governed by the local
rules and customs in force at the time of the location,
when such location was made prior to the passage of
any mineral law by Congress."41
This matter of local organization had its greatest
development In California, and the regulations adopted
in other sections of the country were largely modeled
upon the California methods.
Many mining district organizations were in existence
at i the date of the mining act of May 10, 1872, and
Congress therein recognized them and authorized their
continuance.42 It is not seen, however, what good purpose is subserved by the perpetuation thereof. All of
the mining States have adopted more or less complete
mining codes, and the organization of local mining
districts is gradually being abandoned. It would seem
that since the passage of the United States mining
statutes, and the legislation supplemental thereto by
State legislatures, there exists no necessity for the
ning district, and the process of acquiring title
public
ious  complications  if
abandoned altogether.
general  government  1
The
regulations thereof, and when an application
is presented, if the proceedings appear to bi
with the United States statutes, the case
unless it be specifically alleged that some m
valid State law or mining district regulatio
ignored or violated by the claimant. In sue
investigation might be made and such actio
as the facts warrant. The Land Departm
'  terfere in disputes between miners as to
of a mining d
loca' '
mfllct
J» 20 MINERAL LAND LAWS
However, should the miners of any community deem
it necessary or desirable to establish an organization
of this kind, a common form of procedure is to call
a public meeting for that purpose. This meeting should
adopt a set of rules prescribing the officers of the
district and defining their duties; fixing the boundaries
of said district and giving a. name thereto, and regulating the "location, manner of recording, and the
amount of work necessary to hold possession of a
mining claim," within the limitation of the statute.
The officers provided for by the regulations should
then be elected, and will thereafter discharge the duties prescribed. The principal officer of a mining district is the Recorder, whose duty it is to make a
record of all locations, and of all other papers affecting
the title to mining claims within the district. The
General Land Office will not instruct mining recorders
relative to their rights or duties.44
Inasmuch as the district organization is apt to be
abandoned, and the books lost or destroyed, it sometimes becomes a matter of much difficulty to furnish
a complete chain of title by means of a proper abstract,
and claimants are frequently forced to establish title
by proceeding under section 2332, United States Revised Statutes. All State governments have legislated
with great care on the general subject of real property, and have provided that all transactions affecting
the title thereto shall be made a matter of public record, usually with the county recorder, in permanent
volumes of records provided for that purpose, and kept
in a safe place. Were it a general requirement that all
papers affecting titles to mining claims be recorded
with the county recorder, it would be possible
l of
LODE   LOCATIONS.
The miners acquire a complete possessory title by
discovery, location and continued possession by the
performance of the annual labor prescribed by statute. THE
D STATE
V .p
of appropr
ation
nam
ed
maybe
perfor
med by a
alid locatio
ssion of m
possession
n may be
tfid the a
îts required
ms are tho
Id by the na
|
vidence  o
5 statute of
.the
United
States n
erely prescribe
that prior to the location of a mining claim a discovery of valuable mineral shall be made.48 Many of the
States and Territories require the discoverer to sink
a discovery shaft, and in those States In which no
fixed time is prescribed, a reasonable time is allowed
within which to complete the location.49
The location should be laid along t]
and a
allows but
order that a
is slightly c
e vein, the location
lot necessarily crop out on the surface
location may be properly laid upon it;
vein does crop out along the surface,
jvered by foreign matter, so that the
5 apex can be readily ascertained, this
course should be substantially followed in laying
claims and locations upon it.M
The top or apex of the vein must be within the claim
located, otherwise the claimant will have no right to
46 Gor
17 L. D., 42
,   11   Pac. work
the vein c
n Its dip
outside of
he surf
ce lines
claim.
Sec
nited Stat
s Rev
sed Statutes,
only all
s covered
by the si
of  his
those
him the
right
to possess
the It
de or
vein by
follow-
ingit
on the dip
when it passes o
itside
vertical
lines
laterally.51
The
end lines
of the clai
m mu
t be
parallel.
Within
these limitations as to width and parallelism of end
lines, the claim may assume any form the miner finds
desirable or necessary. It may take the full width, six
hundred feet, at one end and be extremely narrow at
matter of end lines. While, according to some of the
decisions, a claim, might be patented with non-parallel
end lines, yet such a condition would prevent the
claimant working the vein should it dip beyond his
side lines—a very important consideration in most
cases. It was said by the United States Supreme Court
In the case of Iron Silver Mining Co. v. Elgin Mining
and Smelting Co.:52
"Under the act of 1866 (14 Stat., 251), parallelism in
the end lines of a surface location was not required,
but where a location has been made since the act of
1872, such parallelism is essential to the existence of
any right in the locator or patentee to follow his vein
outside of the vertical planes drawn through the side
lines. His lateral right by statute is confined to such
portion .of the vein as lies between such planes drawn
through the end lines and extended in their own
direction; that is, between parallel vertical planes.
It can embrace no other portion."
Non-parallelism of the end lines will not defeat the
right of the locator on the apex of a lode to follow the
lode on its dip, if the end lines converge in the direction of the dip,%as the non-parallelism In that case OP THE UNITED STATES.
23
If the claim is a vein or lode claim the locator is
permitted to take a tract fifteen hundred feet long by
six hundred feet wide by the United States statute,
unless limited by prior adverse rights. This width is
in some places limited by State statute. The Colorado
statute limits the width to one hundred and fifty feet
in Gilpin, Clear Creek, Boulder and Summit counties,
and to three hundred feet in the other counties of the
State. In the other States and Territories the full
width of six hundred feet is allowed, unless there is a
limitation prescribed by mining district rules.
The definition of a lode given by geologists is that
of a Assure in the earth's crust filled with mineral
matter, or, more accurately, an aggregation of mineral matter, containing ores In fissures.54 A vein is an
"aggregation of mineral matter in fissures of rock."55
The courts have defined veins or lodes in this language: "A vein or lode authorized to be located is a
seam or fissure in the earth's crust filled with quartz
or some other rock in place carrying gold, silver, or
other valuable mineral deposits named in the statute;
it may be very thin and it may be many feet thick,
or thin in places, almost or quite pinched out, in the
miner's phrase, and in other places widening out into
extensive bodies of ore. So also, in places, it may be
quite or nearly barren, and at others be immensely
rich. It is only necessary to discover a genuine mineral vein or lode, whether small or large, rich or poor,
at the point of discovery within the lines of the claim
located, to entitle a miner to make a valid location,
including the vein lode. It may, and often does,
require much time and labor and expense to develop
the vein or lode, after discovery and location, sufficiently to determine whether there is a really valuable
mine or not, and a location would be necessary before
incurring such expenses in developing the vein, to secure to the miner the fruits of his labor and expense
in case a rich mine should be developed."56 "A fissure
in the earth's crust, an opening in its rocks and strata
made by some force of nature in which the mineral is deposited
wou
d seem t
a lod
in
judgment of
fissure and
eating the
bound
and reasonably
expect  t
ilized
rock lying wltl
other well-defined bounds
th's
surf
t would equally cor
stitute, in
his
lode.   We a
re of
therefore, that
used in the
applicable
or belt  of
alized re
ck lying within boundar
clearly sepa
the n
eighboring
rock
ound
than   is
allow
ed
law is void
only
as to the exce
ss.58   The
local
district reg\
is may 1
e width t
ity-f
feet on each
of the m
dale
and
Idth allow
law
regulation o
neac
1 side of
them
ddle of th
i vein
isv
held that: "However tortuous might be the
the lode, the claimant had a perfeet right
it up and prepare his diagram so as to inch
gether with the surface ground on each sit
allowed by local laws. There is no language
that requires the diagram to be in the form
allelogram or in any particular form."00
END   LINES.
Each loeator is entitled to follow the dip o OF THE UNITED S
S of t:
and it is
at each
iward indefinitely in their
tended perpendicularly dow:
own direction.01 "Under the act or issb u* stai., aax>,
parallelism in the end lines of a surface location was
not required; but where a location has been made
since the act of'1872, such parallelism is essential to the
existence of any right in the locator or patentee to
follow his vein outside of the vertical planes drawn
through the side lines. His lateral right by the statute
is confined to such portion of the vein as lies between
such planes drawn through the end lines and extended
in their own direction, that is, between parallel verti-
are not parallel 1
i, but the locator h
If the e
side   i
r portion."
is no right to the
downward through his side and end
may, however, be amended so as to make the e
parallel if no adverse right has intervened,
extralateral right to work lodes other than
specifically located Is governed by the same ru]
ning the lode on which the location
When
ing claim is 1
I of
along the strike or course of a vein, the side
become end lines for the purpose of determining the
right of the claimant to follow his lode on its dip.64
To Illustrate: In the diagram (Figure 1) the lines
A-B and C-D are the end lines of the claim as located.
If the lode is found, however, to run in the course
indicated on the diagram, the side lines A-C and
Wher.
inly,  however,
.   Elgin  M.   &  Sm.  Co.   (Horsesl
Co.,   54   Fed.   Rep.,   935;   Doe tha
, for the purpose of defining
the claimant's righ
to
follow his  lode  on the dip,  a
drawn through the point where
the lode intersects the
side line and passes from the claim, parallel with the
A                         R       A.                     B
9?     Ct
•b
,/
jij
^
,%$?
f
V
yy
?
1
fr
D        G
1
C
0
Fig.   1.
Fig.  2.
other end line, as indicated by t
tie end line a-b on the
above diagram05 (Fig. 2).
It was said, in substance,  in
the  case   of  King  v.
Amy & Silversmith M. Co., howei
rer, that where a loca
tion is so imperfect as not to gi
te the locator all pos-
sible rights under the law, the
the claim;   the most it can do i
to give the claimant
such rights as his location wan
On this subject see  also Apex-Dip.
65   Eureka Cons. M. Co. v. Richmo
nd M. Co.   4 Sawy.   302.
66
152 U. S., 222. notice,  but
recognizes  th
a nullity.67
be posted a
t the discover
POSTING   OF   LOCATION   NOTICE.
Upon making a discovery the prospector should post
a notice at the discovery point briefly describing his
claim, and claiming the time allowed by State statute
or mining district regulation for perfecting his location,
giving his name and the date. No particular form
of notice or manner of posting is required in any
I of the States. The purpose of this notice is to protect
the miner while he proceeds to take the other steps
prescribed by State law to complete his location.
The United States law does not require the posting
power of miners to requi)
but the mere recording t
is made on the ground, i
A location notice musl
point under the Colorado law.68
The Montana statutes require the notice of location
to be. posted at the discovery point. But the fact that
no mineral was found at the point where the notice
was posted does not invalidate the location if mineral
has been discovered elsewhere on the claim.09
A locator who posts a notice on his claim has a
reasonable time within which to mark the boundaries,
and if he does this, he cuts out any adverse rights
which were initiated between the dates of posting his
notice and marking his claim.70
The erection of a discovery stake and posting of a
notice is sufficient to protect the discoverer's rights
during the time allowed by the Colorado statutes for
completing a location.71
The next step is to -sink the discovery shaft or other
working noted above.
As to the effect of posting, it has been said:
"A mere posting of notice on a ridge of rocks cropping
out of the earth, or on other ground, that the poster 28
LAWS
3 located t
which will
the discovery
without any dis-
t of the existence of
metal there, or in its immediate vicinity, would be
justly treated as a mere speculative proceeding, and
would not itself initiate any right. There must be
something beyond a mere guess on
miner to authorize him to make
exclude others from the ground,
of the presence of precious metals in it, or in sucn
proximity to it as to justify a reasonable belief In their
existence. Then protection will be afforded to the locator to make the necessary excavations and prepare
the proper certificate for record. It would be difficult
to lay down any rules by which to distinguish a speculation from one made in good faith with a purpose to
make excavations and ascertain the character of the
lode or vein, so as to determine whether it will justify
the expenditures required to extract the metal; but a
jury from the vicinity of the claim will seldom err in
subject."72
MARKING.
After the prospector has made a discovery upon the
apex of the lode, posted his notice, and has determined
the course or strike thereof, he is ready for the next
step, which is the marking of the boundaries thereof.
Inasmuch as the various State laws differ in this particular, it will be sufficient in this connection to call
attention to the Colorado statute, which requires six
substantial stakes, one at each of the four corners and
one in the center of each side line, if the form of the
location is a parallelogram.
The stakes or monuments set should be carefully
maintained, because, if destroyed, an error in the description recorded may become of serious consequence.
1 location must be marked to be valid.73 In the a"
of a
which to stake his claim
r discovery and I
oaro,  113 U. S., 627.
; Pharis v. Muldoot
oaman, 89 Cal.,  310;   Becke
., 442; George's Dodge, 6 C and by a
OF THE
of notice. (Twenty days held to be a reasonable time.)74
In the absence of local statutes or regulations, if the
center of the claim is marked by stakes or monuments
at each end, with a written notice on one or both
describing the claim as extending from stake to stake,
with a certain number of feet surface on each side of
said line, the law as to marking of the clain
a discovery
s placed the notice of
3h of the three corners of the
r of each end line,
leaving one corner of the claim unmarked, is sufficiently marked under section 2324, United States Revised
Statutes, providing that the claim shall be "distinctly
marked so that Its boundaries can be readily traced."70
The United States law does not define or prescribe the
particular kind of marks which shall be made upon a
mining location nor upon what part of the claim they
shall be placed. Any marking upon the ground claimed,
by stakes and mounds and written notices, whereby
the boundaries of the claim may be readily traced, is
Where the boundaries of a claim are not kept marked
the owner will not be allowed to say that his boundaries were not correctly described in his record of
location as against one whose location did not conflict  with   the   prior   location   :
A locator must use reasonable diligence in n
ing his location stakes, but is not required, absolutely,
to keep them standing constantly.70
RECORD.
After the discovery has been made,  and  the claim
properly marked upon the ground, the State s
or local mining regulations usually require that v e county r
consulting
obligatory,
copy of thi
is based, ;
title from
plated by
illowed may be
the local laws. While the
express terms make this i
yet it may be said that sec
impliedly proi
determined  by
Federal statute
:ion 2324, United
ides therefor by
nority to make tnis requirement. Inasmuch
pplicant for patent is required by the regu-
the Land Department to furnish a certified
; location certificate on which the application
ind also to furnish an abstract tracing his
it would s
such record be
ver, that the courts
t of United States g
made,
i hold
irked, hot
that there is no requirerm
to recording notice of a loi
The process of recording may be in the following
Having marked the boundaries of the claim by the
monuments noted, the locator should draw up a description giving the name of the lode (any name he
chooses to adopt), the date of location, the courses and
No. 1, until the exterior boundaries close, with a statement of the width claimed on each side of the vein.
The written description should contain a reference to
some natural object or permanent monument by reference to which tjie locus of the claim may be fixed.
and the certificate shoul
;able,
l the n
irai object or permanent n
t should b OF  THE UNITED  STATES. 31
as indicated, of a conspicuous and permanent character, and, if possible, should.be some regularly established mineral monument or a corner of the public survey within a distance of two miles. Lastly, the certificate should contain the date of discovery, the locus
by section, township and range and county when possible, and be signed by the locator or locators.
If the location certificate contains some description
Of the claim by reference to natural objects or permanent monuments, the sufficiency of the description
should be left to the jury.81 An error in a location
notice in a particular not essential under the law,
regulations or customs of miners is harmless and does
not vitiate a description otherwise good.82 Natural
objects or permanent monuments, under section 2324,
United States Revised Statutes, may consist of stone
monuments, blazed trees, confluence of streams, intersection of prominent buttes, of hills, or of mining
shafts.88
In the case of Mt. Diablo M. Co. v. Callison. it was
said by the court. "The object of any notice at all
being to guide a subsequent locator and afford him
to the extent of the claim of the prior
;s this fairly and reasonably
should be held a good notice. Great injustice would
follow if, years after a miner had located a claim and
taken possession and worked upon it in good faith, his
notice of location were xo be subjected to any very
This paper should be executed in duplicate, one copy
to be posted in a conspicuous place, preferably at the
discovery, the other to be made a matter of record.
Even though a State or Territorial statute does not
81   Taylor   v.   Middleton,- 67   Cal.,   656;   McGregor   v.   Don- tion.
The miner 1
îas every reason to be exact In all the
3 perfect his location. Should his claim
a valuable property, he may find a swarm
of locators all around him. Locations will be made
overlapping his claim in all directions, and the discovery of the least flaw in his title will be the signal
for the onslaught of a host of adverse
Although a location may 5j
within the time specified by 1<
yet if completed at any ti
a valid adverse right, it
Where A. makes a locatior
ration of such t
location notice by
superior right.85 .
for record within
does not rendi
e perfected by record
e before the intervention of
ould be held good.   .
l upon the ground,  but
e of h
lo statutes, i
within the time
I    Of    !
' A., B. makes a regular location
hereof as required by law,
A failure to file a location
the time prescribed by Stati
location void,
i adverse claim.86
recorded
interventit
If one can take a copy of a location record and
therefrom locate the claim upon the ground, finding all
the corners and monuments described therein, both the
marking on the ground and the certificate thereof
would appear to be sufficient. "All that was Intended
Is that a person seeking to make a subsequent location
could go upon the ground referred to, and from the
marks made find the boundaries of the claim."87
PLACER  LOCATIONS. veins of quartz or other rock in place. "By the term
•placer claim,' * * * is meant ground within defined
boundaries which contains mineral in its earth, sand
or gravel; ground that includes valuable deposits not
in place, that is, not fixed in rock but which are in a
loose state, and may in most cases be collected by
washing or amalgamation without milling."88 Placer
mines are those in which minerals are found in the
softer material which covers the earth's surface, and
not among the rocks beneath.88 Placers "are superficial deposits which occupy the beds of ancient rivers
or valleys," or deposits of valuable mineral, found In
particles in alluvium or diluvium, or in the beds of
streams.80 A "mineral lode," as the term is used by
miners and the mining acts of Congress, is a zone or
belt of mineralized rock lying within boundaries clearly
separating it from the neighboring rock, but does not
include a deposit of gold-bearing gravel, although the
same may lie between clearly defined strata of rock,
and have an average drop of several degrees. Such a
deposit of gravel is a placer, as that term is used by
miners and in section 2329, United States Revised Stat-
The following deposits are enterable under the placer
mining laws: Agate, albertite, alkaline earths, alum,
• amygdaloid bands, asphaltum, auriferous cement, auriferous clay, black lead, borax, carbonate of soda, china
clay, fire clay, diamonds, fahlbands, gilsonite, graphite,
gypsum, iron, isinglass, kaolin, limestone, stone, marble, mica, nitrate of potash, nitrate of soda, opal, oil,
petroleum, plumbago, phosphates, potash, slate, soda,
stockwerke,  building stone,  sand stone,  sulphur and
The Department of the Interior in the recent cases
of the Pacific Coast Marble Co. v. N. P. R.  R. Co.;83
88   United  States   v.   Iron   Silver  M.   Co.,   128   U.   S.,   673.
93   25  L.  D.,  233,
J MINERAL LAND LAWS
v. N. P. R. R. Co.;04 and Union Oil Company95
îaustively discussed section 2329, United States
;ed Statutes, and has held that lands containing
the non-metalliferous minerals, if the substances are
recognizer! as mineral by the standard authorities and
the lands are more valuable therefor than for agricultural purposes, may be taken as placer mining claims
under the statute. The first case was with regard to a
deposit of marble, the second fire clay, and the last
petroleum. This last decision was a reversal of a former holding of the Department that petroleum was not
a mineral within the provision of the statutes.90
An examination of the list above given, taken in
connection with the definitions of veins, p. 23, and
placers, p. 33, will enable the prospector to determine
whether the deposit discovered has been classified as
mineral under thé mining laws, and if so whether the
land containing it should be located as lode or placer.
In most particulars the method of making a placer
location is the same as that pursued in case of lode
claims. It is required, however, that when on surveyed
lands, placers shall conform as near as reasonably
practicable to the United States system of public land
surveys. When the ground it is desired to locate can
be taken in this manner, the location notice need
merely describe the tract by legal subdivisions as in •
agricultural cases, and no markings of the corners
would appear to be necessary under the decisions of
the Land Department, it being held that such a location is sufficiently definite under the statute to give
lawful notice of the extent of the claim.
It has been held by some courts, however, that a
placer claim taken by legal subdivisions must be
staked upon the ground.1
Placer claims on surveyed land must be located by
legal subdivisions or reason shown for failure to do
so.2 The location of a claim by legal subdivisions is
valid even though erroneously described, providing the be made to conform therewith in the matter of exact
description of the land as shown by the township plat.
Fractional subdivisions designated by the United States
Surveyor General as lots must be so described.4 Though
placer claims on surveyed lands are required to conform "as near as practicable" with legal subdivisions,
they may be located along a stream or canyon, as it
is not the intent of the law to compel the placer
claimant to take land unfit for mining.5  A placer entry
water, on surveyed land, was held to conform as near as
reasonably practicable with the public surveys, where
It was shown that the surrounding land was valueless
for mining. (In this case four entries covered a strip
of land from five to five hundred feet wide and about
eighteen miles long.)6 ;
The staking of every twenty acres of placer claim is
not required, the claim being an entirety.7
For purposes of convenience in making locations in
this manner, section 2330, United States Revised Statutes, provides that legal subdivisions of forty acres
may be subdivided into ten-acre tracts, and a location
notice describing the claim as embracing the E. % of
E. % of S. E. Yi of S. E. Vi of the appropriate section, township and range would be regular as to this
Anyone familiar with the system of public land
surveys knows that, owing to the convergence of the
meridian lines, the townships, while in theory six miles
square, are in fact not perfect squares of these dimensions. The north and west tiers of sections, where
the survey is progressing to the north, as is the case
with most of the public lands where mineral is found,
contain the irregular areas. An examination of any
township plat will show along the outer edge of all
these north and west sections, a line of tracts contain-
3 Duryea v. Boucher, 67 Cal., 141; 7 Pac. Rep., 421.
4 Reins v.  Murray, 22 L. D., 409.
5 William Rablin, 2 L. D., 764. t the right of each s
ve numbers to the lei
These are described
;mber, beginning with
an and continuing In
6çc6T.eN.RJ0W,
i        ■
It6- §£J. "^L9.? _j f* £• IP J if-Çi"*?»
I   i        I
I    **Q     j 60
40011     &jff        	
The extreme northwest subdivision should be located
as lot 4, containing 46.26 acres. If the location covers
but a part of lot 4, the tract taken should be described
by metes and bounds, the lot not being divisible as
provided by section 2330, United States Revised Statutes. In this case an application for patent would have
to be based upon a survey by metes and bounds as in
applications for lode claims.8
Legal subdivisions of forty acres are often rendered
fractional by the segregation of lode claims as indicated by the above diagram.   In such cases the United
, Khen
6 L, p., 580, OF THE UNITED STATES. 37
States Surveyor General designates the portions remaining of the legal subdivisions by appropriate lot
numbers with their areas, the records of the ' Land
Department are noted accordingly, and the same rule
applies here as illustrated by lot 4.
When the location cannot conveniently be made to
conform in description to the public subdivisional survey, because of the distribution of the minerals, as
when they are found along the course of a tortuous
stream, the location should be made by metes and
bounds. Care should be exercised as to this particular
by the locator, as a claim may be rejected by the Land
Department if located by metes and bounds and no
good reason appears for failure to make the claim
conform to legal subdivisions.9
No location of a placer may, since the passage of the
act of May 10, 1872, embrace more than twenty acres
for one individual, and an association may locate not to
exceed twenty acres for each individual therein,10 the
maximum area which may be included in one location
s  hundred  and  sixty  acres.    A  corporatio
individual.
i properly Include but
cation on unsurveyed lands must, as to
3 practically the same as a lode or vein
l the modifications rendered necessary
rices In the character of the claims, and
nts as to marking, posting,  record and
MILL   SITE   LOCATIONS.
Section 2337, United States Re
for the patenting of lands as
prescribed by the statute as to
such claims, but the practice '.
dsed Statutes, provides
mill sites. Nothing is
the manner of locating
as been to make a lo-
■. California Oil Co., 60 Fed.  I
rownsite, 1 L. D., 556;  Hargre and upon use and occupancy for the purpose indi-
ANNUAL LABOR.
After perfecting the location of his claim as indicated
in the preceding paragraphs, the locator has good title
against the world conditional upon a compliance with
the provisions of section 2324, United States Revised
Statutes,    relative   to    the   performance   of   annua:
A legal location maintained by the performance ol
the required labor, commonly termed "assessment
work," confers a vested right of which the claimant
cannot be deprived even by the general government
except by the exercise of the right of eminent domain
It has been held that land embraced within a valid
legally maintained mining location will be exceptée
from a reservation established by executive proclama-
Annual labor was not required by statute prior to th<
act of Congress of May 10, 1872, arid the matter was
regulated solely by the mining district regulations
Section 2324, United States Revised Statutes, is i
recognition of such local district regulations, and it
admirably adapted to promote the development of oui
mineral resources, as well as to prevent any monopol:
of mining ground, the requirement serving to preven majority of the claims located prior to that date have
been passed to patent or have been relocated under
said act, it is deemed unnecessary to here consider
such claims.
Under the law as it Is now construed, locations are
treated as entireties, and the expenditure of $100 may
be made upon any part thereof. When a number of
contiguous locations are held in common, an expenditure of an amount equal to $100 for each18 may be made
upon one or more of such locations, provided such expenditure tends to the development of the claim as a
whole. That such expenditure is of benefit to each location must clearly appear, otherwise the locations on
which no work is done may be successfully attacked
on the charge of abandonment. Work done outside of
the claim, if done for the development thereof, has
bean accepted as sufficient. This rule is well settled
and is concisely stated by the court in the case of
Mt. Diablo M. & M. Co. v. Callison:
"Work done outside of the claim, i
claim, if done for the purpose and as
pecting or developing the claim, as in case of tunnels,
drifts, etc., is as available for holding the claim as If
done within the boundaries of the claim itself. One
general system may be formed well adapted and intended to work several contiguous claims or lodes,
and, when such is the case, work in furtherance of the
system is work on the claims Intended to be developed
by It."19
The opinion in the case of Jupiter M. Co. v. Bodie
Cons.  M.  Co.,  contains this  statement:
"Where one person or company owns several contiguous adjoining claims capable of being advantageously worked together, one general system may be
adopted to work such claims. Such system may consist of a shaft with drifts, cross-cuts and tunnels
therefrom, and such works need not be upon any of the
claims in question.    When such  system is  adopted,
iside of any
i Chambers ^
Harri
.   U.  S.,
L. outside of the claims, <
working   the   claim,   is
claim as if done within the bounds
Where a trial is had on the issue of a
the one alleging it has made out a prima facie case
if he has shown that no work was done during the
period in question upon the claim. If the one denying
the charge of abandonment depends upon work done
outside of the claim, he has the burden of proof.21
Inasmuch as the statute requires an annual expenditure to the amount of $100 on each location, and each
location is treated as an entirety, and not divisible, it
follows that, even though one or more of several locators fail to contribute their respective portions of such
amount, the others must perform the whole labor, or
the claim will become subject to adverse relocation.
The ones complying with these conditions have* a
remedy, however, prescribed by said section 2324, United
States Revised Statutes, which will be more fully considered hereafter.22
Any expenditure in labor or improvements which
directly facilitates the development of the claim may
be counted as a compliance with this condition of the
statute;   but the work must be such as  tends with
reasonable directness to the development of the claim.
Hence, it has been held that building a miner's cabin
outside of the claim cannot be  considered  as  labor
' done upon or for the benefit of the claim.23   In another
case, where an ore-house erected upon the claim was
alleged to be a mining improvement, it was held that
the claimant must show it to have been placed there
20  11 Fed. Rep., 666.   See also St. Louis Sm. Co. v. Kemp,
104 U.  S.,  636.                                                                                  )
21   Hall v. Kearney, 18 Colo., 505.
22   See Co-owners p. 48.
there,  might entitle him to  hold his claim,"  etc.   Remington
V. Baudit, 6 Mont., 138. OF THE UNITED STATES. 41
for the development of the claim.24 In still another
case it was decided that wages paid a watchman who
had charge of idle works upon a mining claim might
be properly considered as constituting the required
annual expenditure for the benefit of the claim.25 The
annual expenditure required upon mining claims may
be made in running a tunnel not upon the claim.28
Such labor or expenditure in the erection of works or '
buildings for mining, placing machinery, or making excavations on the claim, necessary for its working, may
be considered as assessment work on mining claims.27
Constructing a wagon road to the claim and partly
thereon, for the development and working thereof, if
the expenditure has been to the required amount, may
be treated as a compliance with the statute as to annual labor.28 Leasing a mill not upon the claim and
not used in connection with the claim, and expenditure
of money for" personal expenses in the attempt to se-
considered as work done or expenditure made upon the
penditure for the development of a claim.30 Efforts to
secure machinery necessary to work a mine are, by relation and intendment, work done upon the claim.31
Expenses in traveling to and in locating and recording a claim cannot be considered annual expenditure.32
Expenditure, to be considered as for the benefit of a
claim, must have some direct relation to its development. The traveling expenses of the owner do not
have such relation.83 A trail and a wagon road a mile
long running from a lode claim to a smelter, made for
" ore from the lode claim to the
24  Bryan v. MeCaig,
10 Colo., 309.
25   Lockhart v. Rollin
inel Rights, 5 C. L. 0.
3. D. Coleman, 1 C. L
27  Lockhart v. Rollin
, 2 Idaho, 503.
28  Doherty v. Morris
11 Colo., 12; 17 Colo.,
29  Du Prat v. James
65 Cal., 555.
30   Bishop v.  Baisley,
41 Pac. Rep., 936.
31   Packer v. Heaton,
9 Cal., 568 (1858).
32   J.  M.  Crawford, i
33  Du Prat v. James
65 Cal., 555. 42 MINÉRAL LAND laws
smelter,  may be  considered as an expenditure upon
claim applied for, and not made for the sole benefit
thereof, cannot be considered as an improvement on
the claim.35 Work done on a road made for the development of a group of mining claims may not be
apportioned as done for the benefit of claims on which
no portion of the road is located.30 Working on adjoining land in constructing a drain to enable the owners to work the claim is to be considered as work
done on the claim.37 Work done on a ditch outside of a
placer claim, and prior to the location of the claim,
cannot be considered as having been done for the benefit of the claim in the absence of a clear showing of
sought to be held as a mining claim, and their use as
a place of deposit for the waste material from an adjoining claim owned by the same person; is not such
an expenditure upon them as will sustain the claim
under the law.39 The turning of a stream, the introduction of water, the construction of a flume to carry
ments within the meaning of the statute.40
It has sometimes been attempted to fix by mining district regulations the value of labor; for example, that
each foot of a shaft shall be counted as worth ten,
fifteen or twenty dollars. Values cannot be arbitrarily
fixed by local statute or regulation, however, but are
determined by the market price, in the community, of
labor or material. The tribunal having this question
before it would ask:   What was the fair value in the
estimating the amount of work or improvements, the
test is the reasonable value thereof,"41 and the amount
paid for performance of annual labor is not conclusive
of its value, but is properly admissible in evidence.'2 mineral claims shall be made during the year, commencing January first after the location is made.43 To
illustrate: If A. made a location October 1, 1896, his
first annual expenditure in labor, or in improvements,
must be made between January 1 and December 31 of
the year 1897. He will have the whole of the year 1897
in which to do the work and need do none during the
remaining portion of 1896. It is not necessary to do
thé work In any particular part of the year 1897, it
being necessary solely that at 12 o'clock, midnight,
December 31, 1897, he stands ready and able to prove
ork for 1897 h
Failui
sarily  i
> do  t
suit  i
Tibed  a
jring the succeeding year, and if he does
so before the intervention of a valid adverse reloca-
to the extent of holding that if, before an adverse relocation, he does sufficient work to slïow his good
faith, he may have the whole year in which to complete
labor to the required amount of one hundred dollars.
It is dangerous, however, to take any chances, and the
locator is wise if he does an amount of development
work in good season, as to the sufficiency of which
It was held in King v. Edwards, in substance, that
the laws and customs which point out the manner of
locating mining claims are conditions precedent t
right t
i claim, and r
i  acquired  until   such  conditions precedent
complied with.    The requirements  as to  performance
of annual labor,  however,  are conditions subsequent,
cause a forfeiture, which must result from entry by
the grantor (the United States) or one claiming under
it, i. e., a relocation of the claim under the mineral lould t
> prese
!  fro
le diligence until the requirement of $100 expenditur
s been satisfied,47 but such resumption of work car
t be held to have been prosecuted with due diligenc
1ère it appears that fifteen days prior to relocatlo
work thereon has ceased.48 The effect of a resumi
n of work on a mining claim before relocatlo:
f by adverse claimants is exhaustively discussed
î the c
1 belo^
work done has not been paid for by the
claimant does not affect its sufficiency under the law,
tween employer and employee,50 and failure to do work
because of the threats of violence of adverse claimants in possession, has been held by the courts to be
sufficient to excuse failure in such particular, at least
as against a relocation by those making the threats
or guilty of the violence by reason of which the claimant was deterred from performing the required labor.61
As the patent, when issued, relates back to the date
46   Belk v. Meagher, 104 U. S., 279.  V
f the claimant.'
all the co
fulfilled.59
Where there is a resumption of work it must be of a
substantial character, and be bona fide and not merely
formal, and in any controversy arising upon the point,
the court will necessarily have to decide whether the
work performed was done solely with a view of preventing relocation, or with an honest intention to comply with the letter and spirit of the mining laws. This
intent will be determined by the acts
When work has not been done t
the land covered by the location becomes, for all practical purposes, again public domain, and the prospector thereon is not a trespasser, but has the right
to explore and occupy, the same as he has on other
vacant public lands.01
A relocation of abandoned ground must "be made
with all the formalities attending the location of
ground which had never before been claimed as mineral. The relocator may, however, adopt as his own
the discovery and markings of the original location,
although under some of the local laws and regulations
he is required to sink the discovery shaft deeper, thereby practically making a new discovery.62
- An owner of an abandoned claim may make a relocation of the claim the same as a stranger,63 but the
better method of reviving his title would seem to be
a resumption of work a   '
In all essential respec
would appear te
"  ti notice of the original c
r locktio
in the
locator gains
permitted to
made by the
rights
ail himself o
1 is questioned by t
s°stroS
aband
lined ground,
hough he ha
»
a ful
of th
nt  the
f fact
if he
specifically
sets
might 1
: held t
by admit the regularity thereof, !
would be forfeiture of such original location t
of failure to perform the annual labor thereon.'
Abandonment under the mining laws does not
until the expiration of the calendar year in wh
annual labor should have been performed, anc
l made before the expiration of that 1
îough prior to such relocation the c
t the
akes a formal locatloi
l, in all rest
ry 1st.    C.'s location is
when the ground wa
s not  subje
the enactment of sts
tutes gover
was held in the earl
lfornia and Nevada, t :o perform the
3 fail t
lestion to be decided by the court.87
CO-OWNERS.
annual labor,68 although the. preferable
if he deems his title worth maintaining.
! required expenditt
!  their
proceed in  the  specific manner prescribed in Section 2324,00 United  States Revised  Statutes, for such cases.    This procedure is to  make  a
mal demand for the amount due, either by personal
:ice in writing,  or by publication of such demand
ninety days In the newspaper published nearest
If personal notice in writing is given, and no payment
made, the forfeiture becomes final in ninety days thereafter; if such notice is given by publication, the for-
nlnety days after the date of last pub-
tiethod of making
, in making proof upon appll-
î the Land Department,  cer-
Federal stati
of forfeiture
:ain proof is requirea. see p. 129.
Some of the States require, in case of personal notice,
vit by the claimant setting forth the fact
1 and that no payment had been tendered
ihall be recorded; and that in case of
by publication, a copy of the notice as published. OF  THE U
S'lT
3D STATES.
having attached thereto
the
publisher's affidav
t.
avit by the claim
as to non-payment,
be
corded
The
jourts view with
jng disapproval, ho
ts  upon the part
ot
of which a claim is
owners
ation by third per
and if the claim
s°n
s to the injury of th
Dt represented by re£
3 0t
of
bad faith on the part of one of several co-owners who
has been intrusted with the duty, and by reason of .
that fact is relocated by a third person, acting in collusion with such co-owner, the relocator would, without doubt, be adjudged a trustee under the relocation,
for the use and benefit of the original owners.
To give a person the right to procure by forfeiture
proceedings under Section 2324 U. S. Rev. Stats., the-
interest of another in a mining claim held by possessory title, the two persons must not only be co-owners at date of the forfeiture notice, but during the
year in which the particular work was done upon the
claim.71 It was long held by the Land Department that
the regularity and legality of forfeiture proceedings,
against alleged delinquent co-owners, would not be
questioned if such co-owners failed to protect their
rights by filing an adverse claim under Section 2326,
United States Revised Statutes.72 Under this view the
practice was, to ignore the fact that the name of a co-
owner had been omitted from the application for patent, but by a recent decision73 it was held, following
the rule laid down in Turner v. Sawyer,74 that a tenant
in common of a mining claim holding under possessory
title, is not bound to file an adverse claim against an
application for patent filed by a co-owner, and that the
statute contemplates the filing of an adverse claim
by one setting up a title against the mining claim applied for, not by one alleging an interest in the claim.
Where an applicant bases his right to a patent on a
relocation, in the making of which he acted as a constructive trustee for the benefit of co-owners according
to their respective interests In the original location, r
tion, but may have the applicant declared  trustee.75
promises to perform the work necessary to prevent
the claim from becoming subject to relocation, but
fraudulently fails so to do and relocates the claim for
himself, though he has the legal title, he may be declared constructive trustee under the relocation for
his co-owner as to his interest.76 Where one tenant
in common of a mining claim promises to see that the
required annual labor is performed, but through collusion with a third person fails to do so, and the claim
is relocated by such third person, the relocator may
be declared a constructive trustee for the defrauded
owner.77 One who locates a claim in the names of
himself and others, even without their consent, makes
such others co-owners with himself, and cannot deprive them of their interests by destroying the location
notice and posting a new one, omitting their names.'8
The taking of hostile possession of a mining claim by
one tenant in common and excluding the co-tenant is
an ouster, from the date of which the Statute of Limitations begins to run in favor of the tenant so taking
possession and against his co-tenant.70 A co-owner
who has been "advertised out" may show his com-
. pliance with the law in the matter of expenditures, and
that there was in fact no forfeiture.80
It is probable that the practice of the Land Department, in the matter of the examination of title, will
be modified in view of the case of Thomas v. Elling,81 to
require, when the abstract of title shows an interest
in a co-owner who is not joined in the application for
patent, complete proof that such co-owner has been
regularly "advertised out." It is not seen, however,
what more could be required or furnished than is now
prescribed by the regulations.82
The partnership which exi
75   Hunt v. Patchin, 35 Fed. co-lessees who v
particular and lii
the purpose of vs
other as such,84
purpose of selling
/es for his share.'
APEX-DIP.
le statutes confer upon the mining claimant cer-
i further rights which it is necessary to notice
er a discussion of the subject of location. Among
ie are the right to work the lodes claimed, upon
r dip, and the relative rights of claimants to inter-
:es Revised Statutes,
whether upon the s
Jid 2336,^ United States Rev
3 rights.   The subject is m
ng by no means uniform ii
i the purpose here to point
no application to placer and
granted thereunder being tl
embraced within the exteri
tended perpendicularly dow]
The  conditions  prescribed
States Revised Sta
ceed six hundred 1
in length;   that a
to be well
eins have
5, the title
right to a
boundaries thereof, ex-
'ard to the center of the
by Section 2320, United
ire that no location shall ex-
width by fifteen hundred feet
d lines shall be parallel.   The all these conditions is fixed by Sections 2322 and 2336,
United States Revised  Statutes.
Section 2322 grants to the owner of a location made
in compliance with Section 2320, United States Revised
Statutes, these rights:
1.   The right of exclusive possession and enjoyment
of   t
he surface
ground
embraced
Wl
thin his
locati
2.
The right
all lodes
veins the
apexes of  whi
:h  lie
within    su
surface
grou
throughout their entire depth, although they may so
far depart from the perpendicular in their course
downward as to extend outside the vertical side lines
of the location.
Theoretically, a vein or lode extends perpendicularly
downward indefinitely. Actually, it usually inclines
more or less from the perpendicular, which inclination
is called its dip, and ordinarily, if pursued to a great
I	 OF THE UNITED STATES. S3
depth, it will be found to pass beyond the side lines of
the location, extended vertically downward into adjoining ground.
It is the right to work this last portion of the vein,
which Section '2322, United States Revised Statutes,
grants. The figure illustrates the theoretical vein and
the vein as it is usually found to exist.
The apex of a vein is that portion which approaches
nearest the surface of the earth, but the term cannot
be applied to the highest part of a roll or swell of a
body of mineral matter.87 It is the end, edge, or terminal point nearest the surface.88 The apex is not
necessarily either a point or a line, and if a part of it
is discovered within the claim, that is sufficient upon
which to base a location.89
A vein need not necessarily crop out on the surface
in order that a location may be laid upon it; but
where it does crop out or is so slightly covered by foreign matter that its apex may be readily ascertained,
the course of the apex should be substantially followed
in making the location.90 While the owner of a mining claim owns all lodes, the apexes of which are within his claim, he acquires no right to a lode the apex of
which is outside his claim.91 "The ownership of or
title to a vein is determined by its top or apex; and
although one may discover a vein within the limits of
the ground claimed, yet if the top or apex of such
vein lies without his claim, he will acquire no right
thereto."92   It is to be observed, however, that In the
claimant having the apex of the vein and another
claimant alleged to have a claim located only on the
f the
are  termed   "blanket"   or
fact that a lode has but a
for 54 MINERAL LAND LAWS
departure from a horizontal will not except it from the
statute giving the locator on the apex the right to follow on its dip outside the side lines of his claim.83
The patentee of a mining claim is, prima facie, the
owner of all minerals lying inside the surface boundaries until it is shown by a preponderance of evidence
that a lode, the apex of which lies outside of such
boundaries, has been located by another and that such
lode dips under and into his claim.91 A miner has no
right to follow a lode on its dip outside of his claim
into the claim of another unless his own location contains the apex of the lode.95 The burden is on one
claiming the right to work a lode on its dip into the
claim  of  another,   to   show  clearly   that   the  lode   in
this he must trace a continuous streak of quartz or
body of ore from the apex to the ground in controversy,
not merely indications of vein matter, such as might
be followed in the expectation of finding ore.96 As was
said, in effect, by the United States Supreme Court,
the identity of the vein at the point in question with
that on the apex of which the location is laid is essential to the possession outside the lines of the claim.
So long as the inclosing walls can be distinctly and continuously traced and mineral matter of the same character be found between them, there can be no doubt it
is the same vein; but if the mineral disappears, or the
fissure with its walls of the same rock disappears,
and the identity can no longer be traced, then the
right to follow the vein outside the perpendicular lines
No decision has been rendered by the United States
■    93   Leadville   M.  Co.   v.   Fitzgerald.  4  Mor.   Min.   Rep.,  380  CROSS   '
BINS.
35 evidently ci
Section 2336, U. S. Revised Statute
plates that veins will be found cr
and that locations may be made upon such c
forming what might be termed cross locations.6 T
correct understanding' of this subject, Sections 2
and 2336 must be read together. It will be noticed t
Section 2322 provides that "th
locations heretofore made or i
made, on any mineral vein, lode, or ledge
where no adverse claim exists on the tenth day of May,
eighteen hundred and seventy-two, * * * shall
have the exclusive right of possession of all the surface
included within the lines of their locations, and of a
veins, lodes and ledges throughout their entire depth,
" which lies inside of such surface
extended downward vertically."     *    *
; " e claims A. and
crossing each other. Two widely variant positions ar
taken by the courts as to the relative rights of th
owners of two claims so located. In the first view, A
being the first location, the owner would own all c
the surface and of the vein at its intersection;   whil r of I
right to v
vein throughout its en
of intersection of the two veins.   This is the construction given by the Colorado and Montana courts.
"Under Sections 2322 and 2336, U. S. Rev. Stat., when
a junior mining location crosses a seinor location, and
the veins therein are cross veins, the junior locator is
entitled to all the ore found in his vein within the side
lines of the senior location, except at the space of intersection. In such a case a junior locator has a right
of way for the purpose of excavating and taking away
The courts of Arizona and California, on the other
hand, hold that, on the location of the A. claim, the
locator became the owner (under Sec. 2322) of every
lode having its apex inside of such claim, which would
include, of course, the B. lode, and hence, when the B.
claim was located, that part of the B. lode inside the A.
claim-was already owned by the A. claimant, from
which it follows that the B. locator could acquire absolutely no right to that portion of his lode -within
the A. claim.9 This latter view would seem to be the
more reasonable, as it gives full effect to both sections
of the statute, while under the construction first stated
a conflict must be admitted to exist between said sections. As the point has never been passed upon by the
United States Supreme Court, the authorities seem
equally divided, and cases will continue to be decided
according to the views of the courts of the various
Following out these different lines of reasoning, contrary opinions are reached as to the effect of failure of
the owner of the prior claim, A., to file an adverse
claim if the claimant of the subsequent location files
an application for patent including therein the conflict between the two claims. One line of decisions
holds that, by failure to adverse such an application
for patent, the senior locator loses his right to the surface conflict and to the lode at the point of intersection of the two lodes, but does not lose the remainder
8   Branagan v.   Dulaney,   8  Colo.,   408.    See,   also,   Lee   v. .
68                               MINERAL LAND LAWS
of his lode, even in the conflict between the claims;10
while another line of decisions holds that by such fail-
conflict and everything within it.11
UNION OF VEINS.
The last sentence of section 2336, United States Revised Statutes,  evidently refers to the union of veins
A
B
y
1
0,                     ^
1
on their dip, and it seems to be agreed that the older
possessory title will take the vein below the point of
union in a case like that shown by the above diagram.
1
nagan v   Dulaney  8 Colo
08-  Lee v   Srnhl   0 Colo
v. Sylvester, 101 Cal,, 35S. s the prior locatioi
x in the B. claim s
THE LEGAL TITLE.
The preceding paragraphs illustrate the steps necessary to acquire and hold a mining claim by possessory'
right. The greater proportion of mining claims are
so held, either because they are not considered valuable enough to warrant an attempt to acquire the fee-
simple title; because such procedure would invite the
assertion of adverse claims, with much vexatious litigation; or because the owner is working his claim on
•an extensive scale and does not feel the need of the
legal title. Some of the most valuable mining claims
are held by the uncertain tenure of annual labor.
Such title may be sufficient ordinarily, but the legal
title evidenced by a patent from the Government is
much better, as its issue determines forever all controversies relative to surface conflicts, obviates the
necessity of any further expenditure for annual labor,
and enables the owner to dispose of the mine more
readily should he desire to do so. Brief reference to
the procedure necessary to secure the legal title of
the Government by patent will now be made.
PATENTS FOR  LODE  CLAIMS.
The procedure for acquiring patent for mining claims
of this character Is governed by Section 2325, United
States Revised Statutes, and by the mining circulai
r 15, 1897.12 r
MINERAL LAND LAWS
1 land office as a part of his application
lis requires an application to the Sur-
of the United States for the surveying
district where the land for which patent is desired is
situated. Each State or Territory is a surveying district, the Commissioner of the General Land Office
being ex officio Surveyor General for the district of
Arkansas.13
No particular form of application is required, although the official form referred to contains all the
data necessary-.14 Upon the receipt of such application
the Surveyor General will advise the applicant of the
amount of money estimated as necessary for the office
claimant should then deposit such amount with any
Assistant United States Treasurer, or designated depository, in favor of the Treasurer of the United
States, to be passed to the credit of the fund created
by "Individual depositors for the survey of the public
lands." Of the certificates of deposit, which are issued
In triplicate, the depositor should forward the original
to the Secretary of the Treasury, the duplicate to the
• Surveyor General, and retain the triplicate for his own
protection. Upon the receipt of the duplicate certificate, the Surveyor General will Issue an order for the
survey to the Deputy Mineral Surveyor, selected by
the applicant, if no objection to such designation ap-
The law, and the regulations thereunder (Sec. 2334,
U. S. Rev Stat., and paragraph 92),16 authorize the applicant for a mineral survey to employ any United
States Deputy Mineral Surveyor he chooses to execute
the field work of his survey, and the contract between
them is entirely a private matter, relative to which the
Government will assume no responsibility.
L
13 See p. 172, Mine
14 See par. 46, p.   :
15 See form 4-682, the information c
nineral lands, it is appropriate that it
contain a paragraph on the subject indicated in the
caption. Under Section 2334, United States Revised
Statutes, the United States Surveyor General has authority to appoint as many competent Deputy Mineral
Surveyors-in his district as apply for appointment.
The person appointed need not necessarily be a resident of the district for which appointment is made,
and there are a number of instances where Deputies
hold appointments in two or more districts.17 Applications for appointment should be made to the Surveyor
General for the district in which the appointment is
sought. This application need not be formal. Upon
receipt of an application, the Surveyor General may
determine for himself the applicant's qualifications as
■to character and professional skill in any manner he
deems fit, and, should he be satisfied in this regard,
the applicant will be required to furnish a bond in the
sum of $10,000 for the faithful performance of his official
duties. Upon the filing of said bond, if accepted by the
Commissioner of the General Land Office, the Deputy
will take the usual oath of office, and thereafter will
be duly qualified to make contracts for the survey of
the mineral lands. Information as to bonds may be
had of the various Surveyors General. The appointments of Deputy Mineral Surveyors are not made for
any fixed period of time. The tenure under such appointment depends largely upon the manner in which
they execute the work intrusted to them.18
Under recent legislation (Act of March 2, 1895, 28
Stat. 807), the Surveyor General is required to examine all bonds executed by Deputy Mineral Surveyors
every two years as to their sufficiency. Should he deem
a bond insufficient because of the death or insolvency
of sureties, he may require a new one, and failure to
furnish it is cause for the revocation of the Deputy's
The Surveyors General have authority to suspend or
revoke the appointments of their Deputy Mineral Sur- veyors for cause, subject to the approval of -the Commissioner of the General Land Office. From such action by the Surveyor General the Deputy has the right
of appeal in the usual manner.19 The appointment of
United States Deputy Mineral Surveyors is a matter
in which the discretion of the United States Surveyor General will be recognized.20
A bondsman of a Deputy Mineral Surveyor should
not be allowed to disclaim arbitrarily further responsibility for the acts of the Deputy, but the Deputy
should be allowed to furnish a new bond.21
The General Land Office encourages the appointment
of as many "competent Deputy Mineral Surveyors as
apply for appointment," to the end that "claimants
may have a choice of Deputies and be enabled to have
their work done on the most advantageous terms."
The money deposited by the claimant for "office •
work" is expended in the employment of competent
persons to examine the returns of the Deputy Mineral
Surveyor, make the necessary corrections, prepare the
necessary transcripts of field notes and plats, and to
pay for the stationery used for such purpose.
The money deposited, if unexpended, may not be repaid,22 and the certificate of deposit is not assignable,
but the depositor, if the survey for which the deposit
was made is not executed, may apply the deposit on
another survey.23
The applicant for a mineral survey should be required to deposit only the sum necessary to defray expenses of work in the office of the United States Surveyor General, not for the work of the Deputy Surveyor, by whom the survey is to be made.2*
A deposit of $320 for the office work in connection
with an application covering ten mineral locations and
two mill sites was held not to be an unreasonable OF THE UNITED STATES. 63
Where an amendment of a mineral survey is of such
character as will not require an entirely new plat and
field-notes, the charge for office work should not be as
much as In case of an original survey.26
The details relative to the field work on the survey
of mining claims may be'found in the Official Circular
of Instructions to United States Deputy Mineral Surveyors,27 and the Deputy is governed by regulations he
must observe without regard to the opinions or suggestions of the claimant. It is therefore not deemed
necessary to consider this branch of the subject at
length, inasmuch as the claimant is not required to
exercise any discretion In the matter. It may, however, be stated that should a claimant dictate the manner of making any part of the survey, he Is alone responsible if the Deputy's returns are rejected because
Of conflict with the regulations. The mineral claimant
may, however, acquire much valuable information by
an examination of the instructions cited, and a knowledge of the requirements thereof may enable him to so
perfect his location that the surveyor will have but "
little trouble when he comes to do the work in the
field and to prepare his notes and report thereon.
Should the notes of survey returned by the Deputy
be found correct and in accordance with the regulations, the Surveyor General will prepare four plats and
one copy of the original field notes, which are disposed
of as follows: One plat and the original field notes are
retained in the office of the Surveyor General, two
copies of the plat and one copy of the field notes are
given the claimant, that he may, in connection with
his application for patent, post one plat on the claim
t and the copy of field notes in
ith the other papers,
is forwarded by the Surveyor
ind office to be permanently re-
e for reference,
surveys, prepared for the claim- t be objected that any plats or field-notes are
notes in duplicate are prepared by the Sur-
Prior to filing his application for patent the claimant must post on the claim in a conspicuous place a
copy of the plat furnished him by the Surveyor General, and a notice of said application for patent.
This notice should contain the name of the claim for
• which application is to be made, the extent of surface
ground claimed, the situation thereof by mining district, county and State, a brief but complete description of the claim by metes and bounds taken from, the
official field notes, and the place of record of the location  certificate.    This is  dated  and signed by the
A mineral application presented at the local office before the plat and notice have been posted on the claim
has been held to be void.31 Failure to post the plat
and notice in a conspicuous place necessitates new
notice by publication and ' posting.32 In the consideration of controversies relative to the place of posting
the rulings have been to this effect:
An open shaft-house is a "conspicuous place" upon a
claim for posting of notice of application for patent;33
Posting of plat and notice of application for patent
upon a shaft-house is posting in a conspicuous place,
as "the shaft-house Is certainly the most conspicuous
object on a mining claim, especially where, as in the
case at bar, there were no other improvements;"34 The plat and notice of application for patent for a
mining claim may be posted upon ground excluded
from the application if in a conspicuous place;85
A mineral entry may be referred to the Board of
Equitable Adjudication, where posting of plat and
notice of application for patent was not made on the
claim owing to inaccessibility and danger of snow
slides,  but in  a  conspicuous place  on  an  adjoining
Only one plat is required to be made and posted on
a consolidated claim,37 but when the application includes a lode and millsite, the notice should be posted
on both.88
With the application for patent must be filed a copy
of this notice and an affidavit by at least two witnesses
as to the fact of such posting. The usual method of
making proof in this particular is by an affidavit by the
two witnesses, which incorporates a copy of the notice
posted.39 The affidavit of posting should be specific as
to the date such posting commenced.40
It is too late to raise a technical objection to the
affidavit of posting the plat and notice after action on
said affidavit and the allowance of the entry. The
affidavit of posting may be properly made by a claimant whose knowledge of the fact is derived from personal observation at various times of the plat and
notice as posted, and from such information with respect thereto as could be accepted by a reasonably
cautious man.41
APPLICATION
FOR PATENT.
ving the posting
m the claim,  the
next file his application for patent.
ig fee  of $10 mus
be paid to the
for each application or adverse cla
Shes v.  Gilbert,  2 L.
D.,  756.
vena Lode, 7 L. D., 4
F. Mackie, 5 L. D.,
199; Com'r to Puebl
1897, in re Engineer
& Sm. Co.. 3 L. I
le and Millsite, 5 L.
D., 513.
C. L. 0., 2.
ght v. Elkhorn M. C
., 9 L, D„ 503. 66 MINERAL LAND LAWS
received and placed of record. Should the application
or adverse claim be rejected, no fee is charged. Only
one fee may be charged for an application, whether it
embraces one location, or a consolidated claim containing many locations.42
The application for patent required by Section 2325,
United States Revised Statutes,43 need not follow
any particular form, but should contain a brief statement showing the name of the claim, the character
of deposit claimed, an allegation of present ownership,
and a description of the land. The term "application
for patent" is usually applied to the affidavit constituting the formal application. In fact, the term includes all papers required to be filed at this time, and
which go to show a legal location, title thereunder and
compliance with law by the applicants or their grantors. It is usual to make reference in the application
(using this word in its restricted sense) to the various
other papers filed and which are in reality a part
thereof. This "application" must be under oath, and
when filed and placed of record operates as a segregation of the land described therein from other appropriation while of record. It may include any number of
contiguous locations held in common, whether lode or
placer, and, of course, each location should be made a
part of the official survey heretofore mentioned.44
An application must be sworn to by the party making it.45 An application for a mining claim signed by
one joint owner for himself and co-claimants should be
recognized as the application of all the owners; the
acts of the agents are the acts of the claimants themselves.46 Applications may be made by residents tem-
!, U. S. Rev. Stats., par. 9, provides for the pay-
tTbeC
as
Vr
is?!
spective
lll^
gfil°
43
v. Ke
March
45
Form of appli
mp,  104 U. S
î F.' Mackil;
Die above dec
àke  Quicksilv
636;' C
L.' D.',
sions ov
ee p. 182. St.
ood Return M
284;  Champic
199; William
Teffe
rson
M. C
to. v. Pe
M,
46
Ayet
s v.
Daly
3 0. L
0., 196, 5 UNITE]
î the
ATES
67
porarily absent from the land district by an agent.47
The affidavits required of an applicant for a mineral
patent may not, under the act of January 22, 1880,4S be
made by an agent if the applicant is a resident of, or
at date of making proof within, the land district, even
if the agent is the only one personally cognizant of the
facts constituting compliance with the law.49
The filing of an application for a mineral patent bars
the receipt of another application for the land.59 Mere
application for patent for a mining claim, not followed
by notice thereof, is not a segregation of the land, and
confers no rights on which others are bound to wait
indefinitely, and it is the practice to reject such an application without the formality of notifying the appli-
oant and giving him an opportunity to show cause
why such action should not be taken.51 Should it appear, however, that posting and publication have been
made, an application cannot be rejected without the
formality of notice to the applicant and a hearing as to
the charge of abandonment.52
An applicant for patent must show the claim to be
valuable for mineral.53 An application for claims not
owned in common will be canceled as to those of the
locations not so owned, and if none of the locations
are held in common the application will be canceled
i. mineral appli
of the land.   (In s
should not be
entry,  but
be ordered to determ
The proper land offii
patent or an adverse cia
47   Topsy Mine, 7 C. L. O.
the character
Iy filed appli-
and pending such a hearing.)85
which to file an application for
[aim is the land office having «.
jurisdiction of  the  land in question  at  the  ti
me  of
filing.66   Where a party commences proceedings
for a
mining patent on unsurveyed land in a certai
office, under the erroneous belief that such cl
within that land district, he must, on discoveri
rig his
mistake,  commence de novo  before the prope
office.57   The owner of a mining claim need not
apply
for a patent therefor until he so chooses.08   Bu
until
he does so, makes entry and secures patent, h
s title
comply with the conditions imposed by the statu
tes.
PROOF OF POSSESSORY TITLE.
The applicant must also at this time file evidence of
title. This, according to paragraph 47 of the mining
regulations,59 should consist, If the'applicant claims as
sole locator, of a copy of the location notice certified
by the recorder in charge of the records where the
same is recorded, and his affidavit to the effect that he
has not disposed of the land so located and applied
for. In case the applicant is a locator with others,
and claims to have acquired all interest in the property
by purchase or forfeiture proceedings69 he must furnish in addition to the location notice, a complete abstract of title from date of location brought down to
date of application, showing the entire possessory
be vested in him. If he claims by purchase
a, similar abstract is required. The certificate
recorder should show that there are of record
no other conveyances affecting the land applied for. '
Should it happen that entry is made in the names of
parties other than the applicants for patent, or that
the name of an applicant Is omitted, or that additional
parties are joined in entry with the original applicants,
it is required that the abstract be brought down to date
of entry, that patent may issue to those who appear
to possess title at that date.61   The Land Department,
56 Frederick A. Williams, 16 C. L. 0., 110.
57 Barthel Jacobs,   12 C.   L.  O.,  158.
58 Lebanon M. Co. v. Cons. Republican Mtn. M. Co., 6
Colo., 381.
59 Approved December 15,  1897, page 141.
61   Com'r   to   Moses   M.   Strong,   Aug.   3,   1891,   Reed   and OF THE UNITED STATES. 69
however, does not trace title beyond date of entry-62
It is often the case that numerous transfers are made
subsequent to entry (payment for the land) and prior
to the issuance of patent. The recognition of these
transfers and an attempt to issue title in accordance
therewith, would cause much unnecessary labor for the
Land Department, as well as be productive of confusion. It has therefore wisely been made the rule to
merely require proof of paper title to date of application in the first instance, and to require its extension
to date of entry only in case the final certificate of
entry shows changes from the abstract of title first
furnished. Indeed no harm would be done if changes
in title subsequent to filing of application were ignored
entirely, and patent issued to the parties then shown
to be entitled thereto. Under the decisions the title as
patented would vest in the applicant's grantee as in
case of ordinary transfers where one holding an equitable title attempts to convey a fee simple title, the fee
simple title subsequently acquired by him, vesting in
.his grantee by relation. However, as it has been held63
that an entryman secures a further and different title
. than the applicant, it seems to be the better practice
in case the record discloses any transfers prior to
entry to have the patent issue to the ones in whom
the full legal title was at that date. The names of
co-owners who are shown by the abstract to have title,
inadvertently omitted from the application for patent,
may be subsequently supplied.
In case the abstract shows title in co-owners omitted
from the application, the names of such will be inserted in the entry unless it be established that the interests of such co-owners were regularly and legally forfeited prior to date of entry, by proceedings under
Section 2324, U. S.  Revised Statutes.64
As stated on page 49, the former practice of the
Land Department was to take no notice of the fact
that a co-owner's name was omitted from an applica-
62 F. P. Harrison, 2 L. D.. 767; Whittaker v. S. P. R. R-
Co., 7 C. L. O., 85; Ophelia Pope Lowe (review), 9 C. L. O.,
63 Black v. Elkhorn M.  Co.,  163 U.  S., 445"; 49 Fed.  Rep., tion for patent,
should protect t
equir.
s by filing an adverse claim;05
but by a recent decision66 the rule as laid down in the
case of Turner v. Sawyer (150 U. S., 578-586), has been
recognized, and made the rule of the Department.
The practice of the Land Department, when the ab-
who is not joined as entryman, is to require the entry-
man to show cause why the name of such co-owner
should not be inserted in the final certificate of entry.
If no showing is made within the time specified, the
name is inserted and the entry proceeds to patent.
The abstract must show all the locations of a group
of claims covered by one application for patent to be
held in common, and the entry will be canceled as to
those locations not so owned.67
If the abstract shows that at date of application the
applicant had no possessory title, the entry will be canceled.03 A defective abstract of title may be explained
or supplemented by affidavits.89
One basing title upon a relocation need not trace title
back of such relocation.70 Should a relinquishment of
entered ground be. made, a continuation of the abstract
to date of relinquishment will be required to show that "
the one executing the same had the right to do so.71
As a general rule, it may be stated that the abstract
of title required in connection with an application for
ing patent :
partment ordinarily does not pay an;
thing but absolute conveyances, a
, for the purpose of preve
: recognized deeds which were in
Grampian Lode,   1 L.  D..   544; Luc
e La
., 358;  Gold Dirt- STATUTE OF
IITATIONS.
Section 2332, United States Revised Statutes, provides
that "where such person or association, they -or their
grantors, have held and worked their claims for a period equal to the time prescribed by the 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 claims for such period
shall be sufficient to establish a right to a patent thereto under this chapter in the    "
This section of the statut
the records of mining clai
stroyed through lapse of t
The
title.78
is have been  lost
ne or by accident,
in c
3 applicant desiring to make proof of title under
tms section should file (1) a duly certified copy of the
Statute of Limitations of the State or Territory; (2)
his affidavit reciting the facts relative to the origin of
his title, the continuance of his possession of the mining ground applied for, the area thereof, the nature
and extent of the mining operations of himself and
grantors, whether his possession has ever been opposed, when and through what proceedings such opposition, if any, ceased, and any and all other facts within the applicant's knowledge which he desires to submit as bearing upon his right to the land; (3) a certificate under seal of the court having jurisdiction of
mining cases within the judicial district embracing the
claims, which certificate should show that no suit
affecting the title to said mining claim is pending, and
that there has been no litigation before said court affecting the title to said claim or any part thereof for
a period equal to the time fixed by the Statute of Limitations of the State or Territory wherein said claim
is situate, other than that which has been finally decided in favor of the applicant;  and (4) he should sup- port this showing by corroborative testimony in the
form of affidavits by disinterested persons familiar
with the facts in the case.
CITIZENSHIP.
The statute74 prescribes that only citizens of the
United States, or those who have declared their intention to become citizens, may locate, hold or secure patent for the public mineral lands of the United States.75
Those who may take under this section are individuals, unincorporated associations of individuals and
corporations. A resident of the United States is prima
facie a citizen.76 No distinction on account of sex is
made as regards persons qualified as to citizenship;77
and the statutes make no requirement as to age.77
Married women, if citizens, may take mineral lands,78
and a married woman, born an alien, is qualified as
to citizenship if her husband is a citizen or has declared his intention to become one.79 It has also been
held that the marriage of an alien widow residing in
the United States, to a citizen during the minority of
the widow's child, renders the child a citizen.89
The child born abroad of American parents, there
temporarily sojourning, is a citizen of • the United
States.81 Mexicans residing in California at the time
of its cession to the United States, became citizens
of the United States unless they elected otherwise
within one year.82 An Indian born within the territorial limits of the United States, who has abandoned
the tribal relation and adopted the customs of civil-
74 Sec. 2321, U. S.  Rev. Stat., p.  149.
75 O'Reilly v. Campbell, 116 U. S.. 418; North Noonday M.
Co. yj Orient M. Co., 1 Fed. Rep., 522; Kempton Mine, 1 C. L.  J
76 Jantzen v. Arizona Copper Co., 20 Pac.  Rep., 93.
77 Com'r to Eureka office, Nov.   13,   1877, 4 C.  L.  O., 179;
ham, 7 C. L. O., 179.
78 Com'r to A.  R. Dickey, Dec. 19,  It
79 Bogart v.  Daniels.   18 L. D., 528.
80 State v.  Newell,  45 N. T.  St..  38; 6 of tl
OF  THE UNITED  S
the Unite
t of I
I State
under Section
members of an association unincorporated must
be individually qualified. The proof of citizenship in
such a case may be made by a duly authorized agent."
While the earlier cases held that an alien could not
locate or convey mining claims,85 the more recent cases
lay down the rule that the title of a claimant of the
public mineral lands as locator of a mining claim may
not be questioned on the ground of alienage by anyone excepting the United States, or in proceedings to '
obtain a United States patent (on adverse suit),86 and
if an alien locates and performs all acts necessary to
a valid location, and then sells to a citizen, such citi-
i thereby acquires and holds a valid ti
all persons hi
conveyance by the.ali
illegally initiated by
subsequent declaratio
zen if made before the  inten
t they have gone te
only held that a mining claim
i alien, may be validated by a
of intention to become a citi-
,ny  adverse
" holding
States pa
declaratic
the alienage of an applicant for Unit
ent is set up by an adverse  clai
. of intention to become a citizen
g the pendency of the ad'
t before ju^gmei
as citizenship is concerned.89
The effect of these decision
i. 149.
,. Mininj
. Co., 2 Col(
iuzu; uonanon v.  uowe, 2 Irtahn
Cal.,   43;   Territory   v.   Lee,
Tong, 4 Mont.,  536;  Anthonj    ..  .
Fleece G. & S. M. Co. v. Cable Col
Nev., 450.
.  & Sm.  Co.
3 place the alien o
L2; 29 Pac.  Rep.,
Jillson, 83 Cal., 296j G
, 250,  :
e£;l5.APP"
y M. Co. v. Orient M. Co.,
., 12 Nev
Fed.  Rep., 338,  52 3 apparently i
orably discharged after serving an enlistment
United States army,   occupies the status  of o
has declared his intention of becoming a citizei
A Chinaman cannot become a naturalized c
determined.93
corporated94 and is' an  individual,95  the  stockholders
being presumed to be citizens of the United States.86
When created under the laws of any of the United
States a corporation is competent to locate or to join
with others in the location of a mining claim.87
PROOF OF CITIZENSHIP.
The manner of making proof of citizenship, as required by paragraphs 68 to 75 inclusive, of the mining
regulations,08 will now be considered.
An affidavit of citizenship made by a mineral claimant is not only good evidence under the law before the
Land Department, but in any proceedings based on
Chapter 6, Title XXXII, United States .Revised Statutes.99   This affidavit should show whether the claim- OF  THE UNITED  STATES,
ized c
where born, and his residence. If he has declared his
intention to become a citizen, or has been naturalized,
his affidavit must show the date, place, and the court
before which he declared his intention or from which
his certificate of naturalization issued. If he claims
citizenship by virtue of his father's naturalization, his
affidavit should contain the statement a
s in c
ituraliz
An   affidavit  of   citizenship
made outside of the United States,
fore a United States consular officer.
The heirs of a decedent who make application
try, must show citizenship of such decedent
application is made by a trustee, not only th<
ship of the trustee, but that of the beneficiary, must
be proved.4
In case of an association unincorporated, the affidavit
of citizenship may be made by the agent of the applicants on his own knowledge, or upon information and
belief, provided he accompanies the affidavit with a
power of attorney from the persons forming such association authorizing him to act for them in the matter
of their application for patent. In case such association is not represented by an agent, each individual
composing the same is required to execute and file his
own affidavit.
A corporation must file a copy of its charter or a
certificate of its incorporation, certified by the proper
officer in the State where it is operating. For example,
a corporation organized under the laws of New York,
when filing an application for lands situated in Montana, must furnish a copy of its charter or articles of
ertified by  the Secretary of  State  of
A properly authenticated c
of a corporation, applicant
sufficient proof  of citizensh
tificate of the MINEl
AL LAN!
LAWS
.
is held not to be within the jurisdiction of the Land
Department to inquire into the authority of a corporation under its charter, to take title to mineral lands.
The inquiry can only go to the extent of determining
whether the applicant is regularly incorporated under
the laws of some one of the States, and has complied
with the statutes of the State in which it '
srporat
right t<
ent from the United States, and a citizen acting
trustee for such a corporation cannot make entry for
. its benefit,6 as when application is made by a trustee,
proof of citizenship of the beneficiaries is required,
as above stated.
Under the act of March 3, 1887," corporations making
applications for mineral patents In the Territories of
the United States, are required to show whether exceeding twenty per centum of the stock of said corporation is "owned by any person or persons, corporation or corporations, association or associations not
citizens of the United States." In case the evidence
furnished on this point shows alien ownership of more
than twenty per centum of the stock, the application
will be rejected, or the entry if made, canceled.
Secondary evidence of citizenship is accepted where
it is shown to be impossible to furnish the affidavits
of the parties themselves.
This secondary evidence may consist of the affidavits
of disinterested parties having knowledge of the claimant's status in this regard, or by other evidence of
whatever nature which raises a presumption of citizenship. To illustrate, it has been held that the oath to a
notice of location required by the Montana statutes, in
which it is asserted by one of several locators that all
of the locators are citizens of the United States, is
prima facie proof of such citizenship.8 And evidence
that one whose citizenship is in question, has voted,
5   Silv
King M. Co.,
.  D., 116; Rose Nos
,  641; Hook v.  Latham,  11
id  2
d sess, 54th Cong., 618. 619. prohibits
mblie lands by aliens.   See, also, 19 Op.
3arfield M. & M. Co., 130 U. S., 291. fs admissible as tending to raise a presumption of citizenship, as fraud on the part of a voter is not to be
presumed.9
Such secondary evidence must be accompanied by
proof that the best evidence, i. e., the affidavit of the
party  himself,  cannot be procured.
If an examination of the application for patent and
the accompanying papers satisfies the Register that
the claim was properly located and that title thereunder is vested in the applicants; that they are qualified as to citizenship; that the survey of the claim, if
made by metes and bounds as in case of a lode claim,
or a placer that does not conform to legal subdivisions,
is regular; that a discovery of valuable mineral has
been made; and that notice was duly posted on the
claim, he will issue an order for publication of notice
of application for patent.
PUBLICATION.
The notice published n
details required in the 1
paragraph 44 of the regulations;10 that is, it must give
the name of the claimant, the name of the claim, the
mining district and county, whether or not the location is of record, and if so, where the record of location may be found, giving the book and page thereof,
the number of feet claimed along the vein, and the presumed direction thereof, the number of feet claimed on
the lode in each direction from the point of discovery
or other well defined place on the claim, the names of
all adjoining and conflicting claims, or if none exist;,
the notice should so state.
This is a recent revision of the regulation, the
tendency being to require technical accuracy in the
notices thus given by posting and publication, it being
intended that adverse claimants, and citizens who
may have knowledge of facts which, if disclosed, may
render the claim invalid, shall have full information
of the pendency of the application for patent.
9   S. P.  E. R. Co.  v. Brown, 9 L. D., 173; Jones v. S. P. he statute says that notice shall be published "in
ewspaper to be by him (the Register) designated as
>lished nearest to said claim."11 The regulation
tes that it shall be  "a paper of established char-
; has been held that the Register may exercise an
cial discretion in the designation of a newspaper,
the one published geographically nearest the land
:e the greatest p
3 of r
f the
e makes exorbitant charges, he
select another newspaper, although it may be further
removed from the claim.12
This judicial discretion is, however, subject to the
supervisory authority of the Commissioner of the General Land Office, and the Secretary of the Interior.13
The Register is not required to recognize the differ-
same city or town. AU other things being equal, the
wishes of the applicant as to the designation of the
newspaper should be regarded.14
It should be observed that this notice must be published by direction of the Register, and it has been held
that a notice published by the Receiver without the
consent of the Register, was invalid.15 -But where the
Register was suspended and the Receiver was directed
to take charge of the office and received a mineral
application, and directed publication of notice thereof,
it was decided that his acts were those of an officer
de facto, acting colore officii, and were valid.16
It has been held by the General Land Office that if a
published notice is defective in some material particular, and republication is necessary, the responsibility
rests with the Register, and he may be required to
pay the cost of such republication.17    The soundness of this decision may well be questioned. A certain
degree of responsibility unquestionably rests with the
claimant to examine the notice when first printed, and
to see that it is complete in every particular. It is
thought that the direction for the Register to publish
the notice refers merely to the authority to issue the
order therefor. As a matter of fact all the papers of
this character are almost invariably prepared by the
claimant or his attorney or agent, and the action of the
Register relative thereto is purely perfunctory. It
might be well to charge to the Register the cost of republication when it is satisfactorily established that
the defects were the result of gross negligence or care-
That part of the published notice which is descriptive
of the claim, and fixes its locus, is taken from the
official field notes of survey if it is a surveyed claim.
In preparing this part it should be remembered that
the purpose of posting and publication is to give notice
to the world of the pendency of an application for
patent, and it should contain such particulars as will
best subserve this end. It should first state the course
and length of a line connecting some corner of the
claim with a U. S. Mineral Monument, or with a corner
of the public subdivisional surveys. If the claim is on
surveyed lands, and within two miles of a section or
township corner, connection should be made therewith; if on unsurveyed land or in a township the survey of which has been suspended, connection should
be made with a mineral monument,18 and if the claim
is taken by legal subdivisions which can only be done
under the placer law, the claim should be so described. Much uncertainty exists in the Department
as to what the connection given in the published notice
should be. So much so, that an examination of the
cases satisfies one that there is no established rule.
The regulations make certain requirements; the decisions accept almost anything else. Some of the rul-
the regulations strictly; others go to the
berality.    To illustrate, it has been held 80 MINERAL LAND LAWS
that republication will be required if no connection is
given in the published notice;20 that a published notice
is sufficient which connects the claim with a corner of
a patented townsite, which is also the corner of a
patented placer, both of which are connected in their
respective surveys with a U. S. Mineral Monument;21
that although the connection was so erroneous as to
place the claim about half a mile from its true position, republication would not be required, but the
sntry might be referred to the Board of Equitable Ad-
l for c
inced whe
showed a slight error;23 wher
ten degrees in the course, a
length of the connecting line;3
the s
in
three chain
vhere the line
. in length, i
stead c
3 giver
3   N.   I
de-
N. 6 degrees E.;2
•ublished notice was accepted where the length of
ine was given as 822.42 feet instead of 622.42 feet,
rue distance, as it appeared that a line connecting
ner of the claim with the corner of another claim,
correctly stated in the notice.27
î claimant cannot, however, be certain that this
U construction of the regulations will be made
s own case. He can only be certain that he will
ie subjected to great delay and expense by seeing
his notice is in exact accord with the regulations.
> notice should further describe the boundaries of
laim by giving the courses and distances from one
sr to the next, beginning and ending with corner
.;   should state the exclusions, if any, and should
ee Lode,
7 L. D„  392; Nil
Desperandum
Pl8
McCarthy,   14  L.   D.,  105.
L.   D.,  294,   this decision
By
is
elTnor
nta
Hsta Lex
e, 6 L. D.,    646;
Yeta
Grande
Lod
1 Quartz Mine,  14 L.  D., 563.
C. Childs, 10 L. D., 173. locate the claim by section, township and range if on
surveyed land.
As to the requirement that the notices posted and
published shall state where the location is recorded,
nd page thereof, and name adjoining
of Parsons v. Ellis28 and Gowdy v.
ing Company29 state the reasons for
Quoting from  the case first men-
"It is certainly contemplatei
thé notice posted on the clair
Simply referring to the record In the office of t
g the book a
et Gold Min
I by paragraph 2
my judgment, sufficient,
record should be given oi
official survey is made,
lands ii
The
e at b
nd i
i for
which patent is sought should be put to the trouble and
expense of searohing records to ascertain the location.
The applicant is the moving party, and upon him is
cast the burden of showing all the data by which
parties interested may readily make such examinations
conflict bet-H
neighborhood.
' for
dfor : together simply by reason of the mines. * * * * *
In such sparsely settled 'mining camps,' as well as in
the older and more densely populated districts, applications for patent for mining claims are made, and it
means known, and by every device that could be suggested, full and adequate notice should be given to
the world of the application, and that those seeking
the notices, whether posted or published, might from
the contents thereof locate the claim. Hence all these
'details required by the paragraph quoted.32 The names
of adjoining or of the nearest claims might enable a
party interested to identify the claim applied for,
when by nothing else in the notice he could do so.
The notice should state where the record of the claim
can be found, for the reason that the location may be
recorded in the records of the mining district, if there
be one, or in the recorder's office of the county where
the claim is situated."
The notice published must not be so abbreviated
as to be misleading. Neither should it be so long as
to be confusing. Many of the notices published contain practically the whole description given in the
official field notes. This is unnecessary, as the field
notes ordinarily contain much matter not essential to
a perfect notice, but which is requisite for the purpose of preparing the patent.
This notice must be published for a period of sixty
days. This requires ten insertions in a weekly paper.3»
In computing the time of publication, the first day is
excluded, and when the sixtieth day of publication falls
on Sunday or on a legal holiday, the next day is held to
be the last day of publication.84 The exact date when
the period of publication expires is of particular importance In determining the status of adverse claims, Publication and posting of notice of application for
mineral patent is process which brings all adverse
claimants into court, and hence the details relative
thereto are examined with great care by the Land
Department. The notice published should be in the
regular edition of the paper, and not in a supple
i fro
the daily to the weekly e
The expense of publication must be borne by the
claimant, who, with his application, as stated by regulation 50 heretofore mentioned,88 must furnish the
agreement of the publisher to hold the applicant alone
responsible for the charges of publication.89
The Statute40 gives the Commissioner of the General
Land Office authority to fix the charges for newspaper
publication in mineral cases. Under this authority a ,
schedule of rates is fixed" and any charges in excess of these are considered exorbitant, under the
rule. Further authority is given by the statute cited
to designate any newspaper published in a land district for publication of mineral land notices, if exorbitant   charges   are  made   by   the   ones  published
POSTING IN LAND OFFICE.
At the same time the Register must post a similar
notice in the local land office, and the three notices—
the one posted on the claim, the one published, and the
one posted on the bulletin in the local land office—must
cover the same period of time, i. e., the sixty days'
period of publication.42
- of t
3 will r
i the claim and published it the suggestlo
s made relative thereto.43
nd claimed lies in two districts, notices
of application should be posted in the offices in both
districts, and the application for patent should be filed
in the district where the principal workings are sit-
FIVE HUNDRED DOLLARS' EXPENDITURE.
Either :
îe time of filing his application for patent,
ne within the sixty days' period of pub-
claimant must file the certificate of the
United  States  Surveyor General  that not less  than
$500  has  been  expended  in  improvements   upon   the
claim by the applicant or his grantors.   It is the usual
method for the United States Surveyor General to incorporate this certificate in the official field notes heretofore mentioned, and to indorse the same upon the
plat of survey, the certificate being based upon  the
report as  to  improvements  returned  by  the Deputy
Mineral Surveyor.    Should it happen,  however,  that
at the time when the survey was made the requisite
made,   a   subsequent   re-
1e   made   and   a   certlfl-
The Land  Department,
accept a certificate describing improvements which were made after the expiration of
the sixty days/ period of publication.45
The object in prescribing this condition as a prerequisite to entry and issuance of a patent,
fold; first, to develop the mine sufficiently to deter-
n evidence of good
faith on the part of the claimant. It was evidently in
the minds of the legislators that a miner would
scarcely expend such a
Improvements unless tl
expenditure had not bee
port by the Deputy ma;
cate  issued based  therec OF THE UNITED STATES. 85
had been expended upon and for the development and
braced in one application for patent,46 but by the revised regulations47 it is required that an expenditure
equal to $500 for each location be shown.
These improvements may, however, be placed anywhere on the consolidated claim or outside of its limits, provided they are shown to have been placed there
for the purpose of developing the consolidated claim
Improvements of a permanent character made as
annual expenditure under Section 2324, U. S. Rev. Stat.,
or, as it is commonly called by miners "assessment
work," or "representation work," may be counted as
part of the expenditure of $500. The deputy mineral
surveyor cannot report any expenditure the evidences
of which are not to be seen, and he must have an opportunity of determining whether or not the improvements tend to develop the claim. The rule cannot be
better stated than it is in the case of Jupiter Mining
Company v. Bodie Consolidated Mining Company.48
Work may be done or improvements made upon one
or more locations of a group of claims, contiguous or
held in common, for the development of the entire
group, and when so done, or made to the required
amount, may be considered as a compliance with the
law requiring annual expenditure, or the expenditure
of $500.« The expenditure made must have some direct
relation to the claim, or be in reasonable proximity to
it,50 and must tend "to facilitate the extraction of the
metals it may contain."51 Evidence of work having
been done outside of a claim, is received with great
caution, and it'usually is required that a showing be
made that the work was done for the improvement of
that particular claim, and not for the benefit of any
other claim.62
46 Circular March 24, 1887, 8 L. D., 505; Ferguson v Hanson, 21 L. D„ 336. ' ,M;CBUBOn v- "BU
47 See paragraph 3,  page 143. MINERAI
LAND I
L  several  recent
The Land Department  has  held
cases,53 that an expenditure of $500 muse De siiown on
every location of a group of claims unless a showing
as last stated above, can be made.
The rule as to the requirement of five hundred dollars' worth of improvements, as stated in the revised
regulations, appears to be in conflict with the decisions
of the U. S. Supreme Court in the cases of St. Louis
Sm. Co. v. Kemp;54 Jackson v. Roby,55 and Chambers
v. Harrington.56 In the decision first cited, the following language is used:
"The last position of the Court below, that the owner
"of contiguous locations who seeks a patent must
"present a separate application for each, and obtain a
"separate survey, and prove that upon each the required work has been performed, is as untenable as
"the rulings already considered."
There is no question but that the ruling quoted has
a discriminating effect in favor of the corporation or
the wealthy speculator, and against the prospector
and actual miner who is ordinarily unable to hold
more than one claim at a time, and secure title thereto.
That in support of an application covering but one location, a showing of $500 must be made, while the same
expenditure is sufficient to pass an application covering thirty or more locations, seems to be in violation
of the spirit if not the letter of the law. There is generally no doubt as to the relation of the improvements
to the development of a claim of i
it is often difficult, unless takei
that a shaft fifty feet deep on
the development of a large nur
which title is asked. The patentii
as one claim would appear more
on one vein, and it is doubtful
tended anything else,  even if it is true that the law
authorizes more than one location to be embraced
It would seem, however, that the Land Department
without power to limit or render nugatory by its reg
location only;
n faith, to believe
location tends to
g of'several 1<
f Congress  e
Hanson,
i L D„
:. Co.,
, 394; Ferguson v OF THE UNITED STATES. 87
lations the ruling of the Court of last resort as to the
expenditure required, and the matter will no doubt be
fruitful of controversy before the Department until
finally settled by legislation.
The improvements of whatever nature claimed, must
have been made by the applicant or his grantors,57
and the report of the deputy, mineral surveyor must so
state. A relocator of an abandoned claim cannot take
credit for the work done or improvements made by the
locator of the abandoned claim. The improvements
claimed must have been made subsequent to the location under which title is held,58 although it was held
in a later case that the fact that a part of the required
$500 expenditure was made on the land before its location as a mining claim, while held under the agricultural land laws, does not affect the validity of the
entry.59 It has also been held that prospect work
looking for lodes may be considered as having been
done for the development of a placer claim subsequently located on the same ground.89 How such work
can be considered as placer development work, is not
quite clear, unless it happened that in search for lodes,
placer deposits were discovered. It might be argued
that if lodes had not been sought, the placer would
have remained undeveloped.
A successful adverse claimant who asks for a patent,
must furnish the certificate of the United States Surveyor General as to five hundred dollars' worth of improvements,61 and an applicant who as part of his
claim enters ground conveyed to him by the successful
adverse claimant against him, as to that tract, stands
in the place of his grantor, and must show $500 expenditure thereon.62
Where it- appears that the ground on which are situate the discovery and improvements of an entered
claim has been excluded as port of another claim,
the entry will be canceled unless the entryman fur-
57 Sec. 2325, U. S.  Rev.  Stat., p. 136.
58 Trickey Placer, 7 L. D., 52.
59 Clark V. Taylor, 20 L.  D., 455.
60 United States v. Iron Silver Mining Company, 24 Fed.
Rep., 568.
61 Albert F. Harsh, 2 L. D., 706. în the r
ered.63   It
probable, however,
tryman establish by
" i by him
strong evidence that the im_
or his grantors on excluded ground, were maae ror tne
purpose of developing, and do develop the particular
lode claimed, the entry would be patented. The case
would be strengthened could it be shown that the
shafts, tunnels, or whatever workings they might be,
were so placed because of the belief that they were on
ground rightfully claimed, or that the situation thereof
was that best suited for the proper working or development of the mine, or that to place them elsewhere was impossible.
Under the heading "Annual Expenditure" may be
found illustrations of the character of improvements
or expenditure it is contemplated may or may not be
considered as made for the development of mining
claims. While the cases thus distinguish, questions
may arise covering matters not yet made the subject
of decision, and it is well to remember that the courts
with great unanimity have agreed that whatever expenditure tends to facilitate the "extraction of the
metals a mining claim may contain,"04 has some direct relation to the claim, or is made in reasonable
proximity thereto, is sufficient under the law.
In the case of Remington v. Baudit, the court said, in
speaking of a miner's cabin not on the claim:
"If
such kind of work or improvements off the claim \
sufficient for the purpose of representation and pat
then the building of a house in a tçwn or city, no i
nat-
ter how far away from the mine, if the miner had
his
meals and lodged there, might entitle him-to hold
The requirement as to expenditure on placer clain
the same as in lode claims.66
When a mill site is applied for in connection wi
th a
lode claim, it is not necessary to show an expend!
of $500 upon such mill site, its use or occupancy
for
63   Gustavus Hagland, 1 L. D., 593; Spur Lode, 4 L. D.
160. lode claim being sufficient to entitle the claimant to
ask a patent therefor.67 Neither is it necessary to
show a specific expenditure of $500 on a mill site taken
under the second clause of Section 2337, U. S. Revised
Statutes,68 the proof of the existence of the mill or
reduction works thereon being sufficient to support the
entry without regard to the value of such work.
The papers heretofore mentioned are filed with the
Register at the same time, and cover what may be
called the Application for Patent. If considered sufficient by the officials they are given a number, the date
of filing noted thereon and the records so noted. This
action has the effect of segregating the land to the
extent of preventing other appropriation thereof while
this application is of record.69 Should the local land
officers deem the application insufficient they will
reject it, and the claimant has the alternative of correcting the papers to agree with the requirements of
the local land officers, or of appealing from their rejection to the Commissioner of the General Land Office,
and if the decision on the issue raised is adverse to the
applicant, a further appeal may carry the matter to
the Secretary of the Interior, whose decision, in so far
as the action of the Executive branch of the government is concerned, Is final. A further reference will
be made to this matter ui
Hearing.
Should it happen that a
mted for lands which tl
r the title of Protest and
[ application be press of the local land
office show to be otherwise appropriated, the application will be rejected. The applicant, however, may
show the prior appropriation to be invalid because the
land is not of the character for which it has been ap-
If, as not infrequently happens, a claim which has
been made the subject of an application for patent has
since been abandoned and relocated, the relocator before applying for patent must secure the cancellation office, under oath and corroborated, setting forth in
clear terms the filing of said application, the fact that
for a certain year or longer time the required annual
labor was not performed upon the claim applied for;
that by reason of such fact the petitioner had relocated
the ground ; that he is desirous of obtaining a patent
for his claim, and concluding with the prayer that a
hearing be ordered to allow the petitioner opportunity
of proving his allegations.
The hearing will be ordered in due course, and the re-
locator must be careful that legal service of the summons is made upon the applicant. Should it be decided
upon the testimony submitted that the allegations of
the relocator have been proven, the local land officers
will transmit the record to the General Land Office
with the'recommendation that the application be canceled. Should all be found regular by that office, the
application will be canceled, thus clearing the record
for the reception of the second application.
MILL SITE APPLICATION.
Mill sites, under Section 2337,72 United States Revised
Statutes, may be applied for and patented either in
connection with a vein or lode, or separately.
In the first class'of cases the application for patent
and the proof filed in support thereof should in every
essential particular refer to the mill site adjunct, the
claim being applied for as a whole.73
It has recently been decided by the Land Department
that a mill site claimed under the first clause of said
section may be applied for and patented alone, provided it be shown that it is owned and used or occupied
in connection with a lode for mining purposes. The
view held prior to this decision was that a mill site
claimed in connection with a vein or lode claim could
only be patented under an application including both.74
71   Andrew J. Gibson (review), 21 L. D., 218; Moylan C. Fox, OF THE UNITED S
91
nill site may be filed by a claim-
te of Section 2337, United States
is portion of the statute con-
V of reduction works in mining
;s to be erected and operated by parties not
lerested in mines, it being intended thereby
uch persons to acquire suitable sites.75
:e claim must not exceed in area five acres,
e paid for at the rate of five dollars per acre,
s lode
îall a
site.
t be a:
A copy of the notice must be posted on the mill site
as well as on the lode claim, and the notices posted
and published must specify both lode and mill site and
contain a description of each.77
The mill site must be non-contiguous to the lode, be
non-mineral, and be used or occupied as prescribed
by the statute.78 It is the practice to allow applications where the mill site claim abuts on the end of
the lode claim, provided it be clearly shown that no
part of the vein itself is within the mill site, the presumption being,  however,  to the contrary.79
The proof as to the non-mineral character of the mill
site may, when the matter is unquestioned, consist of
the affidavit of two witnesses familiar with the facts.
(See Form, p. 189.)30
The official field notes of survey should contain a
statement as to the improvements which indicate use
and occupancy, and this should be supplemented by
■"-- claimant or his agent.
a site for pumping works, for supply-
water to a mining claim, has been held to be such
Charles  Lennig,  5 L.   D.,   190;   Hecla   Cons.   M.  Co.,   14
affidavi
ind Posting, r
«ill Site, 13 I
Co., 7 C. L. ( )2 MINERAL LAND LAWS
i use as will allow entry of the land as an adjunct to
i lode claim under the statute.81 Use of a mill site
tor storage of water necessary to the operation of the
mine;82 for depositing tailings or storing ore;83 for
storing tools;84 a dwelling house for miners working
an the lode claim;85 a house for an office of the superintendent of the mine, a stable, a railroad side track,
in connection with the lode,86 is such use and occupancy
as to warrant the allowance of entry under the law.
ut the us
e in the
mine of timber growing upon the
nd,87 for
the ben
fit of another, and
ot for
mining
n held not to be sue
upancy a
would i
varrant the entry of
land a
s a mill
While th
e locatoi
of a mill site may
cut the
timber
rowing u
land for the purpose
Of   CO
îg a mill,
accessory required
n the develop-
lent of th
le may not sell said
ersons,  a
nd this
timber  cannot be sold by
milling
AFFIDAVITS.
: laws may be sworn to before any officer
to administer oaths within the land dis-
3 the claim for which patent is sought is
nd no provision was made in the Revised
>r verification by any one but the claimant
hese requirements were modified by the acts
' 22, 1880,92 and April 26, 1882.93   The first au-
81
Sierra Grande M. Co. v. Crawford,
82
84
Gold Springs & Denver City Mill S
Charles Lennig, 5 L.  D„ 190.
Hartman v. Smith,  7 Mont.,   19.
te, 13 L. D
85
Satisfaction Extension Mill Site, U
L. D.,  173.
86
Eclipse Mill Site, 22 L. D., 496.
Two Sisters Lode & Mill Site, 7 L
D., 557.
88
Syndicate  Mill  Site,   11   L.   D.,   56
89
A. B. Page, 1 L.  D., 614.
338. thorizes a non-resident applicant for patent, or an applicant temporarily absent from the land district, to
take the steps necessary to secure patent through an
agent  or attorney in fact duly appointed.
A co-owner may make application for himself arid his
co-owners, and a corporation may apply through its
agent. The latter act permits the adverse claimant,
as has been noted, to authorize an agent or attorney in
fact to verify his adverse claim, or he may, if residing
or at the time beyond the land district, make the oath
to his adverse claim before the clerk of any court of
record of the United States or of the State or Territory
where he may be, or before any notary public of such
State or Territory. This act also authorizes any mining applicant, if residing beyond the land district, to
make his affidavit of citizenship before the clerk of
any court of record, or before any notary public of
such State or Territory. With the exception of the
affidavits mentioned by the act of April 26, 1882, all
proofs in mining cases which require verification must
be executed within the land district where the premises
involved in the proceedings are situated.
PROTEST AND HEARING.
The preceding paragraphs contemplate that all the
proceedings in the various steps to acquire title have
been regular and in compliance with law.   This may
not, however, be the case, and opportunity is given by
te law and the regulations, to  those  asserting the
intrary, to present the matter in proper form for de-
irmination by the Land Department.   The concluding
clause of Section 2325, United States Revised Statutes,
states, "and thereafter no objection from third parties
to the issuance of patent shall be heard, except it be
shown that the applicant has failed to  comply with
the terms of this chapter."
A party claiming an interest adverse to the applicant
must protect his claim in accordance with the method
prescribed by Section 2326, United States Revised Statin the event of his failure to do so he cannot set
s claim in the form of a protest, and have the test, to receive consideration, must allege a failure to
comply with law in some material particular by the applicant for patent, which failure, if proven, would be
sufficient to necessitate the cancellation of the application or entry. It must be under oath, and when directed against a claim on which final entry has been
made must be corroborated by the affidavit of two wit-
The allegation by a protestant that the location of a
mining claim applied for was invalid because of conflict
with a prior location of the protestant is simply the
allegation of an adverse claimant, which may be tried
only in the manner prescribed by Section 2326, United
States Revised Statutes, in a court of competent jurisdiction, and such an allegation by a protestant will
be given no weight before the Land Department.95
Protests may be filed at any time prior to the Issuance of patent, and should be filed in the local land
office as a rule. If directed against an application for
patent, the local land officers have jurisdiction to pass
upon the same; if against an entry, the protest will
be forwarded by the local land officers to the Commissioner of the General Land Office, who will take
appropriate action thereon.
If a protest is deemed sufficient and raises an issue, a
"hearing" will be ordered at which both parties may
submit testimony; if considered as not possessing sufficient merit to justify further investigation it will be
dismissed.
A protest alleging non-compliance with law on the
part of an applicant for a mineral patent, must be sufficient to overcome record evidence of compliance with
the law in order to warrant the ordering of a hearing.96
In the face of a mere protest the law will be construed
more liberally in favor of a claimant than in face
of a contestant asserting an adverse right.97 A protest
which sets up invalidity of the location of the claim
entered will not be sufficient  to warrant a hearing where the validity of said location has been established
in court.    An allegation of fraud must be specific.98
A protestant against an entry who alleges fraud
on the part of the entryman should be specific as to
the facts alleged to constitute the fraud.99
Either party has the right of appeal to the Commissioner of the General Land Office from the adverse action of the Register and Receiver.
The protestant has no right of appeal from the
decision of the Commissioner to the Secretary of the
Interior unless he alleges an interest in the land in
controversy and that his rights were injuriously affected by the failure of the applicant to comply with
the conditions prescribed by the law, the theory being
that the protestant who alleges no interest is a mere
amicus curiae, and that as such an appeal by him
would be equivalent to an appeal by the government
The proceedings before the Land Department in
such cases are governed by printed regulations entitled  "The Rules of Practice."
The character of the land may be brought in issue
by a protest filed against any application for patent
pending under either the mineral or agricultural land
laws. The "Rules of Practice" are modified for such
cases by paragraphs 103 to 110 inclusive of the Mining
Regulations.2
As a general rule, an order of the Commissioner
of the General Land Office directing a hearing, is
discretionary action, and an appeal will not lie therefrom,3 but the refusal to order a hearing when it
amounts to the denial of a right claimed, is an order
from which an appeal will lie.4
98 T.  M.  Empty,   10 C.   L.   O..   102.
99 Com'r to Glenwood Springs Office, June 10, 1893, in re Lux
1 Parsons v. Ellis, 23 L. D., 69; Smuggler M. Co. v. True-
worthy Lode, 19 L. D., 356. Frequent complaint is made that valuable mineral
lands are being fraudulently taken under the agricultural land laws, by individuals, or by corporations
and by States under the land grant acts, or that agricultural lands are being wrongfully appropriated under the mineral land laws. The Land Department has
prescribed regulations which, if invoked by individuals
desirous of protecting the public domain from spoliation, are sufficient to defeat any improper or unlawful
Citizens should be mindful of the fact that the gov-
is powerless to make a specific investigation
h tract of public land. The
so vast that reliance must, in the
:ases, be placed upon the proofs sub-
>f each specific claim. If the proofs
o showing to the contrary is made,
based upon the record made. No
application can go to patent without, under the statutes, great publicity being given to the proceedings.
The residents of a community should see that no
patent is granted for lands therein which are not
clearly of the character contemplated by the law under
which the appropriation thereof is made. Concerted
action in this direction would do much to preserve the
valuable mineral lands of the United States for the
miner, and would encourage the settlement and development as homes of such lands as are clearly agri-
public domain is
great majority of
mitted in support
are regular, and ;
patent
FINAL PROOFS.
Upon the expiration of the period of publication the
claimant may file (1) proof of continuous posting, (2)
proof of publication, (3) proof of sums paid, and (4)
application to purchase; and if all the evidence submitted appears to be regular, and no adverse claim or
protest has been filed, final entry will be allowed upon
the payment to the Receiver for the land at the rate
. of $5 per acre and fraction of an acre. PROOF  OF  CONTINUOUS  POSTING.
Proof of continuous posting on the claim consists of
an affidavit by the applicant, or his duly authorized
agent, to the effect that the plat and notice posted on
the   claim   remained  continuously   and   conspicuously
posted thereon from the day of , 189—, until
and including the day of , 189—, and covering
the sixty days period during which notice was published in the newspaper.
Particular care should be taken that the proper dates
of posting are given in this affidavit. It will not do
for the affidavit to state generally "that said plat and
notice remained posted continuously during the sixty
days' period of publication." The Land Department
insists that the specific dates be given in all these affidavits. It is noticed that in a large number of cases
submitted there is great carelessness in this particular,
and in consequence the claimants are subjected to delay which might well be avoided.6
To bar the rights of adverse claimants, notice of the
application for patent must be given for sixty days
concurrently by posting of plat and notice upon the
claim, by posting of notice in the local land office and
by publication.6 While the publication, if in a weekly
newspaper, must cover a period of sixty-three days,
it does not follow that the notice and plat must remain posted for that entire time, sixty days of concurrent notice being all that is required.7 This affidavit
need not be based upon continuous personal observation of the posting, but may properly be made by a
claimant whose knowledge of the fact sworn to is derived from personal observation at various times of
the plat and notice posted, and from such information relative thereto as would be accepted by a reasonably cautious man.8 Where an entry is defective in
that proper posting of plat and notice upon the claim
is not shown, the claimant may be allowed to give
new notice by publication, and posting upon the claim
and in the local land office as required in the first in-
.  Co., 9 L,  D„   503; i rights to adverse claimants.9
t a hearing after the allowance
of an entry, that the plat and notice had not been
posted conspicuously upon the claim, but had been
hidden instead, the entry was ordered canceled without prejudice to claimant's right to file a new appllca-
! the steps necessary to acquire
,se presenting similar facts, except
that entry had not been made, the applicant was required to give new notice.11 A shaft-house is a con-
s place upon which to post the notice and plat,
especially Where there are no other surface improvements.12 And posting made inside an open shaft-house
has been held satisfactory.13 The posting may be made
upon a portion of the claim excluded from the application for patent if in a conspicuous place;14 and an
entry was referred to the Board of Equitable Adjudication where the plat and notice were not posted upon
the claim applied for, owing to inaccessibility and danger from snowslides, but were posted in a conspicuous
place on adjoining land.15 For the purpose of posting
of notice of application a consolidation of a group of
several contiguous locations, held in common and
covered by one survey and application, is regarded
as one claim, and only one notice and plat need be
. posted on the group.16 When, however, a lode claim
and a mill site are embraced in one application, a plat
d be posted upon each.17
amount expended in improvements upon the
and the entry was patented, although the pla
tice were posted only upon the lode claim.18
in that case was subsequently modified,
!  the OF THE UNITED STATES. 99
an entry was referred to the Board of Equitable Adjudication under similar circumstances.19
As the object of requiring notice of application to be
given by posting and publication is to put those having
adverse interests upon their guard, it was held that
where the testimony in a contest case was conflicting
as to whether or not the notice was conspicuously
posted on the claim, the contest must be dismissed
because the contestant was shown to have had actual
notice of the pendency of the claimant's application.20
During the sixty days' period of publication, the
notice of application must remain posted in the local
land office of the district in which the claim is situated, and if during such period the boundaries of the
land district are changed, the notice must be changed
to the proper land office, if necessary to a compliance with this rule; otherwise new notice by publication and posting will be required.21 Where, through
the failure of the register to make and file with the
record his certificate of posting, it has become impossible to show positively that the notice remained
posted in the land office for the required period, the
affidavits of those who were local land officers at
the time such posting is supposed to have continued,
to the effect that it was their custom to post such
notices on ordering publication, may be accepted as
satisfactory.22 The proper evidence of posting in the
land office is the certificate of the register, but if such
certificate cannot be obtained, the claimant may be
allowed to submit evidence upon the point.28 Where'
the claim to which patent is sought lies in two land
districts, the application for patent should be filed
in that district in which are the principal workings,
and the notice should be posted in the land office of payment should also submit an affidavit showing the
moneys paid out in the prosecution of his claim. The
statute requires this affidavit in order that the Land
Department may see that no exorbitant charges have
been made by parties within its jurisdiction. The
statement should show the amount deposited for office
work in the Surveyor General's office; the amount
paid the Deputy Mineral Surveyor for field work; the
fee for filing application for patent; the amount paid
for publication, and the amount paid the Receiver for
the land. The Land Department, by Section 2334,
United States Revised Statutes,25 has authority to
vith the exception of the third
regulate t;
and   fifth,   and   will
charges appear to t
in these particulars.
3 POSTING IN OFFICE.
At this time the Register should also prepare and file
with the papers his certificate of posting notice in the
local land office for sixty days, which period must be
concurrent with the period of publication.26
PROOF   OF  PUBLICATION.
This evidence should consist of the affidavit of the
publisher to the effect that a notice (a copy of which
is attached to said affidavit) was published in his paper from the day of , 189—, to and including the
  day of  , 189—.27 «,.
PURCHASE AND ENTRY.
The claimant should also file an application to purchase,28 and should therein specifically describe the
land it is desired to enter. This may be shown in the
most satisfactory way by making specific exclusions
from the official survey taken as the basis of application for patent, of all portions of the claim excepted
from entry. On this application to purchase the Register will make the proper indorsement, and it is then certificate of entry will issue,30 and the transaction is
complete. The Receiver's receipt is issued in duplicate,
the duplicate being given to the entryman for his protection and as an evidence of title, and must be surrendered in order to secure the patent when issued. If
said duplicate receipt has been lost, however, an affidavit of such loss is accepted by the Land Department
After the legal issuance of the Register's certificate,
which evidences the completion of the entry, the equitable title to the land entered is in the entryman, the
United States Government thereafter holding only the
naked legal title in trust for him until the issuance' of
the patent.32 This title acquired by the entryman is of
sufficient dignity to confer a prima facie vested right
to a patent, subject only to an examination of the
record by the Commissioner of the General Land Office
and Secretary of the Interior.33 The Commissioner has
authority, however, to cancel and annul an entry illegally allowed. As was said by the United States Supreme Court, "The exercise of this power is necessary
. "to the due administration of the Land Department.
"If an investigation of the validity of such entries
"were required in the courts of law before they could
"be canceled the necessary delays attending the examination would greatly impair, if not destroy, the
"efficiency of the Department."34   A contrary rule has
1., 210; Hughes v. United States, 4
n, 98 U. S.,  118; Deffeback v.  Haï
us v.  Kessell,  128 U.   S., 456;   Da
260; Benson M. Co. v. Alta M. Co.,
2 Sawye!^50; People'v. "shearer,' 3
îurora Hill Co.  v.  85 Co.,  12 Sawj
45 U. S., 428;"Last Chance'M.  Co.
•ke, 'il5 Û.  S...
145 U. S.. 428; B
Cal., 648;' Dene
.,   355;  Hamilton
M.  Co.  v. Alta
v. Tyler M.  Co. i laid down by some of the lower courts, even in
e comparatively recent decisions, but even aside
a the reason of the matter which is clearly with the
enunciated by the Supreme Court, these decisions
he inferior courts are clearly contrary to the law
e opposed to the decisions of the highest court
of the land.35
Of course, to be of legal effect, the cancellation of an
entry must be regular and after due notice to the
entryman. An order of cancellation without allowing
the claimant opportunity of showing cause why his
entry should not be canceled is void.36 If, however,
the Commissioner cancels an entry, even though on
insufficient grounds, on the claimant's failure to appeal
to the Secretary from the order holding the entry for
cancellation, the rights of the entryman are lost, as
he did not take proper steps to protect them.37
The title of an entryman prior to the issuance of patent being purely an equitable one, a purchaser of such
title takes with notice of all defects which may be
found by the Land Department and cannot plead that
he is an innocent purchaser as a reason against the
cancellation of an illegal entry.38
The legal effect of a certificate of entry may not be
collaterally assailed any more than can a patent, it
being, as a general rule, conclusive of title.39 In some
States the receiver's receipt given the claimant at date
of entry is made conclusive in actions at law, of the
legal title, but this rule is not followed in the Federal
23 Fed.  Rep., 741;
U. S., 473; U
Law Digest.
u.' s!, t
Id.,  52;  Stim
on ^"c'ls
Id., 47.
36   Risdon v.  Davenp
64 N. W.  Rep., 654: S
McMnllen, 9 id., 522;
37   Roberts
38   Sweigar
327; Murphy'
v^siS
39  Hamilto
v. Sout
., 555; Young v. Hanse:
„   ._ ;e, 7 L. D    •""=•  M~'
t Lode, 16 id.,
r Mill Site, 7 L. D.,
cc. Rep., 162; R. M. Chrisinger,
, 123; U.' S. v." Miller,S'l4 Id!|
ada M. Co., 33. Fed. Rep., 562. PATENT.
In the ordinary course of business after the allowance of entry by the local land office, the papers are
transmitted to the General Land Office. Here they are
examined critically, and if no irregularities are discovered in the proofs made, the "entry," as it is then
called, is approved, and the fee-simple deed of the government, called a "Patent," is prepared and delivered.41
A patent is, in its legal effect, a quit-claim deed from
the United States Government to the patentee, and
passes whatever title the Government has to the land
described.42
A patent must be signed in the name of the President, either by himself or by his duly appointed Secretary, must be sealed with the seal of the General
Land Office, must be countersigned by the Recorder
of the Land Office and must be recorded in the records
of the General Land Office. Until all these things have
been done, no patent has been issued.43 After the performance of these acts, the patentee has a right to
its possession, which right may be enforced by a writ
of mandamus directed against the officer haying possession.44 The matter of gaining actual possession of
the patent is of no importance, however, as the moment the completed patent has been placed of record
in the General Land Office, the legal title passes to the
patentee.45 The title being one of record does not require delivery of the patent, wherein the title by patent
differs from one by deed.
A patent relates back to the inception of the claim
upon which it is based. A long line of decisions lay
down the rule that the patent relates back to the date
, 124 U. !
41   For forn
s of patents see pp. 196 et se
t. U.  S. Land Ass'n, 142 U. S
43   McGarra
<an v. New Idria M.  Co., 96
44   U.S. v.
Schurz, 102 U. S., 378.
45   Meader
7.  Norton,  11 Wall.. 442;   Bid
13 U. S., 14£
; U. S. v. Minor, 114 id., 233. 104
MINERAL I
ND LAT
of entry,46 and in other cases it has been held that the
patent relates to the date of location of the mining
claim conveyed by the patent.47 It is not thought that
there is any real conflict between these two lines of decisions, but it would seem that the rule last mentioned
is not applicable to all cases and for all purposes. For
example, Section 2324, United States Revised Statutes,
requires that assessment work be done every year upon
a mining claim "until a patent has been issued therefor." Yet it is held that this annual expenditure need
not be made after the claim has been paid for and
entry allowed,48 because after that date the entryman
has a right to the patent which, when issued, relates to
that date. It could not be held, however, that the performance of this annual labor could be excused because a location had been made of the claim.
Patents, in actions at law, are conclusive "of all
matters of fact necessary to their issue, where the Department had jurisdiction to act upon such matters
and to determine them; but if the lands patented were
not at the time public property, having been previously
disposed of, or no provision had been made for their
sale, or other disposition, or they had been reserved
from sale, the Department had no jurisdiction to transfer the lands, and their attempted conveyance by patent is inoperative and void, no matter with what .
seeming regularity the forms of law have been ob-
A patent, regularly issued, is conclusive, in all actions, of the legal title and may be attacked only by
a direct proceeding, in the name of the United States.50
The proviso found in the act of August 30, 1890, (26
Stat., 391) reads as follows:
"Provided, That in  all patents for lands hereafter
i M. Co. v. Rich]
slegraph M. Co., 2
Benson M. Co. v.  . This provision of law was held by the Commissioner
of the General Land Office to apply to patents issued
for mining claims in Alaska. See his letter of September 4, 1897, to the Sitka land office in re Bald Eagle and
other lodes.
ADVERSE CLAIM.
As before seen, the applicant for a mineral patent is
required to give notice of his application. This notice
is made a prerequisite to the end that all persons who
may have interests which are in conflict with the claim
of the applicant may be put on their guard and may
take such steps as are necessary to a presentation of
their claims and a determination thereof. Sections
2325 and 2326, United-States Revised Statutes, and the
Act of March 3, 1SS1,51 contain the statute law relative
to this subject, but the courts and the Land Department have rendered many decisions in construing and
giving effect to these statutory provisions. The- first
subject of Inquiry will  be  the ascertainment of the
sense it means any claim or title the existence of which
is opposed to the title of the applicant for patent. In
its restricted sense, however, it refers more particularly to that paper filed in the local land office, wherein is set forth, under oath, the title of the adverse
claimant and the fact that the mining claim for which
patent is asked is in conflict with the claim of the
affiant, the document concluding with the prayer that
all proceedings be stayed before the land office until
the conflicting rights may be determined by a court of
competent jurisdiction.62 The "adverse," as it is commonly called, must be verified by the oath of the adverse claimant, if he is within the land district; other- 106 MINERAL LAND LAWS
wise by that of a duly authorized agent.63 If the adverse is sworn to by the adverse claimant the oath
may be taken before "the clerk of any court of record
.of the United States or the State or Territory where
"the adverse claimant may then be, or before any
notary public of such State or Territory," but if sworn
to by an agent it would seem that the oath must be
taken within the land district in which the claims are
situated.54 As a corporation can act only by an agent,
an adverse claim filed on behalf of a corporation
should be verified by the oath of an officer or a duly
authorized agent.55
The fee payable on filing an adverse claim in the
land office is ten dollars, for the payment of which the
receiver gives a receipt.50 This fee cannot be demanded
unless the adverse claim is received and filed.67 The
adverse claim must set forth the fact that an application for patent has keen filed for a described claim,
that notice of such application is being given by publication, and must set forth the title of the adverse
claimant to a conflicting claim, should allege his superior right to the conflict, and should be accompanied
by record evidence of title to the Conflicting claim and
by a plat made by a United States deputy mineral surveyor, showing the boundaries and extent of the conflict between the two claims.58 Where, however, it
is impossible to secure such a plat, the conflict may be
shown by an unofficial survey,69 or by the best means
obtainable.69 While the papers mentioned are all essential parts of a valid adverse, if an adverse claim
not accompanied by them is received and the filing fee
accepted, the adverse claim will not be rejected if said
papers are  subsequently filed.61
53 See Sec. 2335, U. S. Rev. Stats., Sec. 1 of Act of An>-il
26, 1882, 22 Stats., 49, and ■ Departmental Regulations, p. 153.
55 Hawley M. Co. v.Memrion M. cd, Sickels', 235.
56 See   paragraph   97  of  regulations,   page  166,   and   Form,
58 See Form, p.  189.
59 Hoffman v. Beecher, 31 Pac. Rep., 92.
60 Philadelphia M.   Co.  v.  Finley,  10 C   L.  O.,  340;  3. S. ceedings before the Land Department are judicial in
character, and the publication of notice, as required,
brings all parties into court; and if they stand by and
allow the statutory time for filing adverse claims, or
for bringing suit in support thereof, to elapse, their
rights, so far as they might have been determined in
such proceedings, » * * are lost."03 While the publication of notice in a weekly newspaper is required
to cover sixty-three days, adverse claims must, under
the statute, be filed within the sixty-day period.94
In computing the sixty days within which an adverse claim must be filed, the first day of publication
must be excluded.65 If the posting upon the claim or
in the land office is not continuous, the notice is not
legal, and adverse claimants are not bound thereby.06
If the sixtieth day of publication falls on a legal holiday an adverse claim may be filed on the following
business day, according to the decisions of the Department,67 though whether this rule would be accepted
by the courts is doubtful. A misstatement in the published notice as to the date of last publication will not
relieve • from the necessity of filing adverse claims
within the sixty-day period.08 An adverse claim may
be accepted by a local land officer on a holiday, or out
of office hours, or at his home, and, if so accepted, will
62  Snow Flake Lode, 4 L. D., 30; Nettie Lode v. Texas Lode, I
be treate
1 as
thoi
gh  filed- i
i  the  la
id office
during
Within
thir
y da
ys from th
e time a
a advers
e claim
is filed in
the
land
n°tfflageàinst
theUaPpl£
cantTTn
need by
of competent
juris
determir
e the rights of
A fa
lure to co
er of the
and a suit brougln
after the
n of tha
; period
will be di
smis
sed t
y the cour
t if a mt
tion for
dismis-
sal is made at the proper time, in the trial court.72
Where an adverse claim was rejected by the local
land office and the matter was carried on appeal to the
Commissioner, and thence to the Secretary, and in the
meantime no suit was brought, it was held that failure to begin the suit was a waiver of the adverse
claimant's rights.73 This decision appears to be unfounded in reason, however, for the adverse claim not
having been accepted by the Land Department, there
provisions of Section 2326, United States Revised Stat-
(Ught.74
stitutes the
i the s
While the section of the statute above referred to
requires the adverse claimant to prosecute his suit
"with reasonable diligence to final judgment," the
question of whether or not reasonable diligence has
been shown is one solely for the determination of the
which the
inquired into by the Land Department.75
69 Sayer v: Hoosac M. Co.. 6 C. L. O-, 73; Jen:
v. Eureka M. Co., Sickels', 223-231.
70 See.  2326,  U. S. Rev.  Stat., page 151.
71 Bodie Co. v. Beehtel Co.. 1 L. D., 584; Gre
v. Esmeralda Co., 2 L. D., 704; Branagan v. Du]
744.
72 Marshall S. M. Co. v. Kirtley, 12 Colo., 41C
73 Scott v. Maloney, 22 L. D., 274.
74 Richmond M. Co. v. Rose, 114 U. S., 57f
Fino M. Co., 65 N. W. Rep., 19; De Garcia v. E
16;  Catron v. Lewlsohn, 23 L.  D.,  20.
■ 75 Richmond M. Co. v. Rose, 114 U. S., 576;
1 L. D., '582; De Garcia v. Eaton, 22 L. D., If
i to t The reasonable rule would seem to be that a suit
on an adverse claim, brought by one out of possession,
should be a suit at law in the nature of a suit of
ejectment; but if brought by an adverse claimant
in possession, the suit should be brought as an action
in equity to quiet title.76 In the former case, the
parties have a right to a jury trial; in the latter, a
jury trial cannot be demanded as a matter of right.17
In the State of Colorado, however, all suits based on
adverse claims are in the nature of suits of ejectment,
regardless of whether or not the plaintiff is in possession.78 The Act of March 3, 1881,79 does not render a
trial by jury necessary in a suit based upon an adverse claim, if the action is brought as a suit in
equity.80 '
A suit based on an adverse claim should be directed
to the determination of whether or not either party
thereto is entitled to a patent for the land in dispute,81
hence, a mere failure on the part of the plaintiff to
prove title in himself does not relieve the defendant
of the burden of proving his title,82 and if neither party
to the suit shows in himself the right to a patent, it
should be so adjudged under the provisions of the Act
of March 3, 1881, supra83 The mere entry of judgment in favor of a party to such a suit does not,
however, compel the Land Department to grant him a
patent, for he is still required to show to the satisfaction of the Department a full compliance with
law.84    The  successful   adverse   claimant,   before   he
'. Dodge, 163 U. S.,
Dodge,   163   U. make entry of the land, must file in
the land office (a) a certified copy of the judgment
roll, (b) a plat and field notes approved by the United
States Surveyor-General, describing the land which
he seeks to enter, and (c) a certificate by the surveyor-general showing an expenditure of $500 in labor
and improvements upon the land, as in other cases.85
It may be here remarked that the adverse claimant
who secures a judgment delays making entry at the
persons, should he fail to perform the required annual
After the filing of an adverse claim and until the
suit based thereon is finally determined, or the adverse claim waived, the Land Department is without
jurisdiction over the land involved.87 The applicant for
patent may, if he so desires, temporarily relinquish
from his application so much of his claim as is concerned in the adverse proceedings, and secure a patent
for the remainder thereof, continuing litigation for that
part in conflict.88
y properly form
!  basi
: under
s of Sections 2325 and 2326, United States Re-
d from
of a
—. «a . -.-— a. «.v. »VF.™uon for a patent,
not obliged to protect his rights under these sectioi
proceed in equity to have the patentee declared a tru
tee under the patent for his use and benefit,89 or
. compel a conveyance by the patentee.    The right
85   Albert F. Harsh, 2 L. D-, 706. follow a lode on its dip outside of the side lines of the
claim, is not the proper subject of an adverse claim;90
nor is an easement, such as a right of way for a flume
claimed under Section 2339, United States Revised
Statutes;91 nor an alleged equitable right in the claim
applied for;92 nor a claim under the agricultural land
laws;93 nor is the owner of a known lode obliged to
adverse an application for a placer claim covering the
ground, as the lode is excepted by law from the placer
patent.94
On the other hand, it has been held that a claimant under an unconfirmed Mexican grant must protect his rights by proceedings under said Sections 2325
and 2326, United States Revised Statutes;95 and that a
dower interest in a mining claim must be so protected;90 and so of a mill site claim;97 and of the title
of a town lot owner, even though the townsite has been
patented.98 Relative to this last statement, it should
be said in explanation, that under the townsite laws,
known mines are excepted from the operation of a
townsite entry and patent. (Sections 2386 and 2392,
United States Revised Statutes.)   Where it is alleged
date of the townsite entry, he is required to submit tes-
thorities, and it is not until he has made a prima facie
showing that his application for patent will be received by the Land Department.
A tunnel claimant is not required to file an adverse
claim unless he has discovered in his tunnel a lode
which would conflict with the claim applied for.99
90   Chollar Potosi M. Co. v. Julia M. Co., Sickels', 254.
94   Noyes v. Mantle, 12
U.
S.,  348.
M. Co.,
96   Black v. Elkhorn M.
49 Fed
97   Warren   Mill  Site  v.
bafer v.  Constans,  3 Mo
98   Talbott v. King, 6 Mc
76; Thorn
99  Enterprise M. Co. v.
-Asnen 1) PATENTS   FOR   PLACER   CLAIMS.
In most particulars applications for patent for placer
claims are similar to applications for lode claims.
If  the  placer  has  been  located  and  is   claimed  by
legal  subdivisions,   no   survey  is  necessary,   and   the
l, instead of a reference to official field notes
d plat of si
applied for by section,
If the location is upon u
surveyed lands, and does n<
tion thereof, an official sur
is required. Neither is
proof required
township and range.
surveyed lands,  or upon
' conform to the descrip-
survey by metes and bounds
there   any  difference   in  the
* and the details relative to
•e identical
.nd publication with proof thereof a
with those required as to lode claims.
Of course, if the placer claim is taken by legal subdivisions, no survey need be made as a preliminary to
filing application for patent. In view of this a circular was issued by the General Land Office under
date of September 22, 1882, requiring that a deputy mineral surveyor must report on every placer claim, with
reference to the character of the land, improvements,
etc. By the decision of the Secretary in the case of
Rosina T. Gerhauser,1 however, it was held that such
! should not be required where the placers are
by legal subdivision, thus allowing the claim-
make the proof of expenditure. This decision
seem to be in disregard of Sections 2325 and 2329,
United States Revised Statutes,2 the first of which requires, where application is made for a patent to a
lode claim, "That the claimant at the time of filing
this application, or at any time thereafter, within the
sixty days of publication, shall file with the register a
certificate of the United States Surveyor-General that
five hundred dollars' worth of labor has been expended or improvements made upon the claim by himself or grantors." Section 2329 provides that "Claims
usually called 'placers,' * * * shall be subject to entry and patent, under like circumstances and cpndi-
milai
proceedings as are provid
'  .   Clearly, under those s
lly legal evidence of co Under the existing rule the affidavits of. two or more
persons should be furnished showing in detail the
character, extent, position and value of Improvements
made upon the claim by the applicant or his grantors,
and the date when made.
As stated on page 37, an individual may embrace in
one placer location not more than twenty acres, while
an association of individuals may locate in one claim
twenty acres for every member of the association, provided that no location shall cover more than one hundred and sixty acres.3 Any number of contiguous locations, owned in common, may- be embraced in
one application for patent, but under the present regulations of the Department,4 if more than one location
is included in an application for patent a showing of
five hundred dollars' expenditure for each location
must be made. From this it follows that if an individual locates or acquires eight contiguous locations of
twenty acres each, he must show an expenditure of
four thousand dollars; while, if one hundred sixty
acres are located by an association of individuals but
five hundred dollars need be expended in order to obtain a patent. From this it is seen that the cheaper
plan for claimants is to locate jointly. It may be here
remarked that this rule also governs in the matter of
annual "assessment" work, i. e., if one hundred sixty
acres are located as eight separate claims of twenty
acres each, an annual expenditure upon or for the
benefit5 of every location is required, viz., eight hundred dollars; while if one hundred sixty acres are
located by an association as one claim, even though
title may afterward be vested in one person, but one
hundred dollars need be expended annually on the
claim. The same rule also applies as to the showing
required as to discovery of mineral, i. e., one discovery must be shown upon every location, whether it
contains twenty acres (or less)  or one hundred  sixty i   part  of  the
for  patent
LAND LAWS
Veins or lodes are frequently known to exist within
the boundaries of placer claims. ! In such case if the
placer claimant is in possession of the vein or lode so
included, he may embrace the same in his application,7
which, with the posted and published notices, must in
detail refer to and describe such vein or lode.    The
with surface ground to the e:
ty-five feet on each side thereof must t
official survey, which must be filed i
application for patent. The applicatio
may be modified by adding a clause practically as fol-
: * * * "and for the Blank Lode mining claim
embraced therein, consisting of 1,500 linear feet of such
Blank Lode, bearing gold, together with 25 feet of surface ground on  each  side  thereof,  as  shown by  the
official plat and field notes of survey No.  , attached
part hereof.   Said Blank Lode was dis-
ered   *   *   *   as will more  fully appear by refer-
e to the abstract of title hereinbefore mentioned as
of this application for patent."
If the placer is claimed by legal subdivisions it may
be so described in the application with the additional
claim for the vein or lode above noted;   if the placer
is taken by metes and bounds, both placer and lode of
course will be embraced In one survey, and the application  may   state   that  it  is   "for   the   *   *   *   placer
embracing the Blank Lode, as will more fully appear
by a reference to the official plat and field notes."
If everything proceeds regularly, and no adverse in-
ry may be made upon pay-
for the area
e price of placer land is $2.50 per acre;8
and mill sites, $5 per acre.9   If a number
are embraced  in  one claim,
of the separate locations are added together,
and the fraction of an acre, if any, is charged for as
for a plat
îclude OF  THE UNITED  STATES. 115
therein any known lodes which may be within the
exterior boundaries of his claim, the statute (Section
2333, United States Revised Statutes) provides that
such failure "shall be construed as a conclusive declaration that the claimant of a placer claim has no
right of possession of the vein or lode claim." It is
further provided that a patent issued on a placer claim
shall be held to convey all veins or lodes not known
to exist at date of the placer application.
This provision of the law has frequently been before
the courts and a very uniform construction has been
given. It will be observed that, where the applicant
for a placer patent did not specifically apply for an
included lode, known to exist at the date of such application, he is estopped from claiming such lode under
his placer patent.19 To be excepted from a placer patent a lode need not have been located before the date
of the application for placer patent. "It is enough that
it be known, and in this respect, to come within the
intent of the statute, it must either have been known
to the applicant for the placer patent or known to
the community generally, or else disclosed by workings and obvious to any one making a reasonable and
fair inspection of the premises."11
A lode within the limits of a patented placer, to be
excepted from the placer patent, must have been
known at date of application for said patent. Mere
belief, not based on any discoveries in the placer or
any tracings of a vein or lode adjacent thereto, but on
the theory that a lode of a horizontal position, discovered elsewhere in the district might underlie the
placer, is insufficient.12 It has been held, further that
to be excepted from the operation of a placer patent, a
vein must possess qualities not required to render it
subject to location under Section 2320, United States
Revised Statutes, i.  e., it must have been known at t it i
that the patent issued by the government to tl
laimant carries with it every presumption
ty. In the face of an intervening adver:
n applicant for a placer patent will not be pe
ich was known at date of filing such applic;
that a lode lying w
placer was known at e
patent,  the Land Offli
to the satisfaction of the
by judicial proceedings or
to  the  placer
the   1
of application for the plac
i will issue a patent for sucn
iwn by the claimant of a lode
that he has acquired title under the placer patent, he
may be allowed to prove by ex parte affidavits the
known existence of the lode at date of the placer application. This fact must be clearly shown, however, and will not be assumed from the fact that a
lode claim was located on the land prior to such application.10 Under the rule laid down by the United
States Supreme Court, in the case of Noyes v. Mantle,17
where the present existence of a lode within a patented placer claim is proven, proof of the fact that it
was located prior to filing of the application for placer
patent, is sufficient evidence of its known existence
at that time, the court using the following language:
"Where a location of a vein or lode has been made
under the law, and its boundaries have been specifically
marked on the surfaces, so as to be readily traced,
and notice of the location is recorded in the usual
books of record within the district, we think it may
safely be said that the vein or lode is known to exist,
although personal knowledge of the fact may net be
na Central Ry. Co. !
a Lode v.  Bulger Hill a
Star Lode, 20 L. D., 20
Migeoi
Fed. Rep.,
I Nugget Gulch Plac OF THE UNITED STA1
possessed by the applica
do<
, remarked in
| case of the South
pplied by the Departn
. patented townsite is alleged
ate of entry of the townsite,
elative to townsites exclude
ral-bearing rock and
essions from the operation
lg that the rule laic
Star Lode, supra, is
3s where a lode withii
Sections 2386 and 2392
ins on lodes of min-
ning claims or pos
townsite patent.18
18  Pac
e Lode, 25 L.  D., « UNITED STATES MINING LAWS, AND REGULATIONS THEREUNDER,
RELATIVE TO THE RESERVATION, EXPLORATION, LOCATION, POSSESSION, PURCHASE,
AND PATENTING OF THE MINERAL LANDS
IN THE PUBLIC DOMAIN.
DEPARTMENT OF THE  INTERIOR,
j LAND  OFFICE.
MINERAL LANDS OPEN TO EXPLORATION,  OCCUPATION,   AND  PURCHASE.
Sec. 2318, R. S. In all cases lands valuable for minerals shall be reserved from sale, except as otherwise
expressly directed by law.
Sec. 2319, R. S. All valuable mineral deposits in lands
belonging to the United States, both surveyed and un-
surveyed, are hereby declared to be free and open to
exploration and purchase, and the lands in which they
are found to occupation and purchase, by citizens of
the United States and those who have declared their
119 intention to become such, under regulations prescribed
by law, and according to the local customs or rules of
miners in the several "mining districts, so far as the
same are applicable and not inconsistent with the laws
of the United States.
NATURE AND EXTENT OF MINING CLAIMS.
1.   Mining claims are of two distinct classes:   Lode
LODE CLAIMS.
Sec. 2320, R. S. Mining claims upon veins or lodes of
quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits,
heretofore located, shall be governed as to length along
the vein or lode by the customs, regulations, and laws
in force at the date of their location. A mining claim
located after the tenth day of May, eighteen hundred
and seventy-two, whether located by one or more persons, may equal, but shall not exceed, one thousand
five hundred feet in length along the vein or lode; but
no location of a mining claim shall be made until the
discovery of the vein or lode within the limits of the
claim located. No claim shall extend more than three
hundred feet on each side of the middle of the vein
at the surface, nor shall any claim be limited by any
mining regulation to less than twenty-five feet on each
side of the middle of the vein at the surface, except
where adverse rights existing on the tenth day of
May, eighteen hundred and seventy-two, render such
limitation necessary. The end lines of each claim shall
be parallel to each other.
Sec. 2322, R. S. The locators of all mining locations
heretofore made or which shall hereafter be made, on
any mineral vein, lode, or ledge, situated on the public
domain, their heirs and assigns, where no adverse
claim exists on the tenth day of May, eighteen hundred and seventy-two, so long as they comply with the
laws of the United States, and with State, Territorial,
and local regulations not in conflict with the laws of OF THE UNITED -STATES. 121
the United States governing their possessory title, shall
have the exclusive right of possession and enjoyment
of all the surface included within the lines of their
locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies
inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far
depart from a perpendicular in their course downward as to extend outside the vertical side lines of
such surface locations. But their right of possession
to such outside parts of such veins or ledges shall be
confined to such portions thereof as lie between vertical
planes drawn downward as above described, through
the end lines of their locations, so continued in their
own direction that such planes will intersect such exterior parts of such veins or ledges.    And nothing in
a vein or lode which extends in its downward course
beyond the vertical lines of his claim to enter upon the
surface of a claim owned or possessed by another.
-Sec. 2336, R. S. Where two or more veins intersect or
cross each other, priority of title shall govern, and
such prior location shall be entitled to all ore or mineral contained within the space of intersection; but the
subsequent location shall have the right of way
through the space of intersection for the purposes of
the convenient working of the mine. And where two or
more veins unite, the oldest or prior location shall
take the vein below the point of union, including all
the space of intersection.
CLAIMS   LOCATED   OR   PATENTED   PRIOR   TO
MAY 10, 1872:
2. The status of lode claims located or patented previous to the 10th day of May, 1872, is not changed with
regard to their extent along the lode or width of surface; but the claim is enlarged by Sections 2322 and
2328, by investing the locator, his heirs or assigns, with
the right to follow, upon the conditions stated therein,
all veins, lodes, or ledges, the top or apex of which
lies inside of the surface lines of his claim. 122
INËRA1
LAND LA^
3. It is to be distinctly understood, however, that
the law limits the possessory right to veins, lodes, or
ledges, other than the one named in the original location, to such as were not adversely claimed on May
10, 1872, and that where such other vein or ledge was so
adversely claimed at that date the right of the party
so adversely claiming is in no way impaired by the
provisions of the Revised Statutes.
CLAIMS LOCATED  SUBSEQUENTLY  TO  MAY 10,
1872.
4. From and after the 10th May, 1872, any person
who is a citizen of the United States, or who has declared his intention to become a citizen, may locate,
record, and hold a mining claim of fifteen hundred
linear feet along the course of any mineral vein or
lode subject to location; or an association of persons,
severally qualified as above, may make joint location
of such claim of fifteen hundred feet, but in no event
can a location of a vein or lode made subsequent to
May 10, 1872, exceed fifteen hundred feet along the
course thereof, whatever may be the number of persons composing the association.
5. With regard to the extent of surface ground adjoining a vein or lode, and claimed for the convenient
working thereof, the Revised Statutes provide that the
lateral extent of locations of veins or lodes made after
May 10, 1872, shall in no case exceed three hundred
feet on each side of the middle of the vein at the surface, and that no such surface rights shall be limited
by ahy mining regulations to less than twenty-five
feet on each side of the middle of the vein at the
surface, except where adverse rights existing on the
10th May, 1872, may render such limitation necessary; the end lines of such claims to be in all cases
parallel to each other. Said lateral
not extend beyond three hundred feet o
of the middle of the vein at the surface,
tance as is allowed by local laws.    For OF THE UNITED STATES. 12*
cator does not determine by exploration where the
middle of the vein at the surface is, his discovery
shaft must be assumed to mark such point.
6. By the foregoing it will be perceived that no lode
claim located after the 10th May, 1872, can exceed a
parallelogram fifteen hundred feet in length by six
hundred feet in width, but whether surface ground of
that width can be taken depends upon the local regulations or State or Territorial laws in force in the several mining districts; and that no such local regulations or State or Territorial laws shall limit a vein
or lode claim to less than fifteen hundred feet along
the course thereof, whether the location is made by
one or more persons, nor can surface rights be limited to less than fifty feet in width unless adverse
claims existing on the 10th  day  of May,  1872, render
7. The rights granted to locators under Section
2322, Revised Statutes, are restricted to such locations
on veins, lodes, or ledges as may be "situated on the
public domain." In applications for lode claims where
the survey conflicts with the survey or location lines
of a prior valid lode claim and the ground within the
conflicting surveys is excluded, the applicant not only
has no right to the excluded ground, but he has no
right to that portion of any vein or lode the top or
apex of which lies within such excluded ground, unless his location was prior to May 10, 1872. His right
to the lode claimed terminates where the lode, in its
onward course or strike, intersects the exterior boundary of such excluded ground and passes within it.
The end line of his survey should not, therefore, be
established beyond such intersection.
8. Where, however, the lode claim for which survey is being made was located prior to the conflicting
claim, and such conflict is to be excluded, in order to
include all ground not so excluded the end line of
the survey may be established within the conflicting
so held and claimed. The useless
.ses of extending both the side line
J the conflicting claim, and establisl MINERAL LAND LAWS
DESCRIPTION OF CLAIM AND ACTS NECESSARY
IN ORDER TO  HOLD  THE  SAME-LOCAL
RULES AND  REGULATIONS.
Sec. 2324, R. S. 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 Qn the ground so that its boundaries can be readily traced. All records of mining
claims hereafter made 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 tenth day of May, eighteen hundred and
seventy-two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor
shall be performed or improvements made during each
year. On all claims located prior to the tenth day of
May, eighteen hundred and seventy-two, ten dollars'
worth of labor shall be performed or improvements
made by the tenth day of June, eighteen hundred and
seventy-four, and each year thereafter, 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 bef
such location. Upon the failure of any one
contribute  his   proportion  < end i tu res required hereby, the co-owners who have
erformed the labor or made the improvements may,
t the expiration of the year, give such delinquent co-
wner personal notice in writing or notice by publica-
on in the newspaper published nearest the claim,
jr at least once a week for ninety days, and if at the
xpiration of ninety days after such notice in writing
r by publication such delinquent should fail or refuse
> contribute his proportion of the expenditure re-
uired by this section, his interest in the claim shall
ecome the property of his co-owners who have made
le required expenditures.
Be it enacted by the Senate and House of Repre-
mtatives of the United States of America In Congress
ssembled, That the provisions of the fifth section
E the act entitled "An act to promote the develop-
îent of the mining resources of the United States,"
passed May tenth, eighteen h
indred and seventy-two,
which   requires   expenditures
of  labor  and   improve-
to the passage of said
at the time for the first
annual  expenditure  on  clairr
s   located   prior  to   the
passage of said act shall be e
xtended to the first day
of January, eighteen hundred and seventy-five.   (Act
June 6, 1874, 18 Stat., 61.)
That section twenty-three h
undred and twenty-four
of   the  Revised   Statutes   of
the   United    States   be
ving words:    "Provided,
That the period within which
the work required to be
ted mineral claims shall
commence on the first day of
January succeeding the
date of location of such clain
apply to all claims located sin
:e the tenth day of May,
anno    Domini   eighteen   hune
red   and   seventy-two."
(Act January 22, 1880, 21 Stat
61.)
Sec 2327, R. S.   Thedeseripti
on of vein or lode claims,
esignate the location of
e lines of the public sur-
therewlth;   but where a REGULATIONS.
9. Locators can not exercise too much c
fining their locations at the outset, inasmi
law requires that all records of mining loca
subsequent f'o May 10, 1872, shall contain th
of the locators,
description of the claim or claims located, by
reference to some natural object or permanent monu-
as will identify the claim.
10. No lode claim shall be located until after the
discovery of a vein or lode within the limits of the
claim,  the  object  of which provision is  evidently  to
the appropriation of presumed mineral ground
for speculative purposes to the exclusion of bona fide
prospectors, before sufficient work has been done to
determine whether a vein or lode really exists.
11. The claimant should, therefore, prior to locating
his claim, unless the vein can be traced upon the
surface, sink a shaft, or run a tunnel or drift, to a
sufficient depth therein to discover and develop a mineral-bearing vein, lode, or crevice;   should determine,
ible, the general course of such vein in either
direction
tion he will
of his claim
give the cou
from the di
manent,
; of discovery, by which direc-
! governed in marking the boundaries
the surface. His location notice should
i and distance as nearly as practicable
very shaft on the claim to some per-
ill-knowri points or objects, such, for in-
stone monuments, blazed trees, the con-
treams, point of intersection of well-known
vines, or roads, prominent buttes, hills,
may be in the immediate vicinity, and
serve to perpetuate and fix the locus of the
render it susceptible of identification from
ion thereof given in the record of locations
■ict, and should be duly recorded,
lition to the foregoing data, the claimant
• the names of adjoining claims, or, if none
of the nearest claims;
a monument  of stones post, stake, or board, upon which should be designated the name of the lode, the name or names of
the locators, the number of feet claimed, and in which
direction from the point of discovery; it being essential that the location notice filed for record, in addition to the foregoing description, should state whether
the entire claim of fifteen hundred feet is taken on
one side of the point of discovery, or whether it is
partly upon one and partly upon the other side thereof, and in the latter case, how many feet are claimed
upon each side of such discovery point.
13. The location notice must be filed for record in all
respects as required by the State or Territorial laws
and local rules and regulations, if there be any.
14. In order to hold the possessory title to a mining
claim located prior to May 10, 1872, and for which a
patent has not been issued, the law requires that ten
dollars shall be expended annually in labor or improvements on each claim of one hundred feet on the
course of the vein or lode until a patent shall have
been issued therefor; but where a number of such
claims are held in common upon the same vein or
lode, the aggregate expenditure that would be necessary to hold all the claims, at the rate of ten dollars
per hundred feet, may be made upon any one claim.
The first annual expenditure upon claims of this class
should have been performed subsequent to May 10,
1872, and prior to January 1, 1875. From and after January 1, 1875, the required amount must be expended
annually until patent issues.
15. In order to hold the possessory right to a location made since May 10, 1872, not less than one hundred
dollars' worth of labor must be performed or improvements made thereon annually until entry shall
have been made. Under the provisions of the act of
Congress approved January 22, 1880, the first annual
expenditure becomes due and must be performed during  the  calendar  year  succeeding  that  in  which  the
form
ceedin 128 MINERAL I
labor required upon a loci
May 10, 1872, will subject a
the original locator, his heirs, assigns, or legal representatives have resumed work after such failure and
before relocation.
17. Annual expenditure i
to entry, the date of issuing
the date contemplated by s
(Requirement of proof of expenditure for the year 1894
suspended except as to South Dakota.   Act of Congress approved July 18, 1894 (28 Stat. L„ 114).
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled, That the provisions of section numbered
twenty-three hundred and .twenty-four of the Revised Statutes of the United States, which require that
on each claim located after the tenth day of May,
eighteen hundred and seventy-two, and until patent
has been issued therefor, not less than one hundred
dollars' worth of labor shall be performed or improvements made during each year, be suspended for
the year eighteen hundred and ninety-four, so that
no mining claim which has been regularly located and
recorded as required by the local laws and mining
regulations shall be subject to forfeiture for nonperformance of the annual assessment for the year
eighteen hundred and ninety-four:   Provided, That the
r claimant
e the
of a
îeflts of tl
corded in the office where t
e to b
;   December  thirty-first,
ity-four, a notice that he or
o hold and work said claim:
if this act shall
eighteen hundred and nine
they in good faith intend T
Provided, however, That the provisions I
not apply to the State of South Dakota.
Sec. 2.   That this act shall take effect from and after
(Money expended in a tunnel considered as -expended
on the lode.   Act of Congress approved February
11,  1875  (18  Stat.   L.,  315.)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two thousand three hundred and is hereby, amended so that where a person or company
has or may run a tunnel for the purpose 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 the passage of said act; 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 said act.
REGULATION.
18. Upon the failure of any one of several co-owners
of a vein, lode, or ledge, which has not been entered, to
contribute his proportion of the expenditures necessary
to hold the claim or claims so held in ownership in
common, the co-owners, who have performed the labor
or made the improvements as required by said Revised
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 upon the expiration of ninety days after such
notice in writing, or upon the expiration of one hundred and eighty days after the first newspaper publication of notice, the delinquent co-owner shall have
failed to contribute his proportion to meet such expenditures or improvements, his interest In the claim
by law passes to his co-owners who have made the
expenditures or improvements as aforesaid. Where a
claimant alleges ownership of a forfeited interest under the foregoing provision, the sworn statement of
the publisher as to the facts of publication, giving
dates and a printed copy of the notice published,
should be furnished, and the claimant must swear
that the delinquent co-owner failed to contribute his
proper proportion within the period fixed by the statute.
TUNNELS.
Sec. 2323, R. S. 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 by other parties after the
and while the same is being
diligence, shall be invalid;
work on the tunnel for six
prosecuted wit
of the tunnel,
abandonment of the right to all undise
jn the li
ered
REGULATIONS.
19. The effect of this is simply to give the proprietors
of a mining tunnel run in good faith the possessory
right to fifteen hundred feet of any blind lodes cut,
discovered, or intersected by such tunnel, which were
not previously known to exist, within three thousand
feet from the face or point of commencement of such
tunnel, and to prohibit other parties, after the eom-
the tunnel, from prospecting for and
s of lodes on the line thereof and with-
e of three thousand feet, unless such
ipon   the   surface   or  were  previously
making
20. The term "face," as used in
strued and held to mean the first
m the tunnel, and to signify the
tunnel actually enters cover; it b
that the three thousand feet are
which prospecting is prohibited a
21. To avail themselves of the be
!   the   proprie
e of theii
ing a substantial post,  board",
should be posted a good and suf
forking face formed
point at which the
ling from this point
:o be counted upon
aforesaid.
of this provis-
s aforesaid,
mining  t
by e
, the
thereof, upon which
:ient notice, giving the
names of tne parties or company claiming the tunnel
right; the actual or proposed course or direction of the
tunnel; the height and width thereof, and the course
and distance from such face or point of commencement to some permanent well-known objects in the
vicinity by which to fix and determine the locus in
applicable ti
they shall,
es, and at the
in order that
lines thereof, by stakes
of posting such notice
prospectors may
ot they are with-
placed along OF THE UNITED  STATES. 131
such lines at proper intervals, to the terminus of'the
three thousand feet from the face or point of commencement of the tunnel, and the lines so marked will
define and govern as to the specific boundaries within
which prospecting for lodes' not previously known to
exist is prohibited while work on the tunnel is being
prosecuted with reasonable diligence.
e of posting notice and r
the lines of the tunnel as aforesaid,
copy of such notice  of location  defl
claim must be filed for record
of the district, to which noti
ii then
themsel
formed,   and  tha
attached the
:ctors of such tunnel, setting forth the
2ase;   stating  the amount' expended by
id their predecessors in interest in pros-
:tent of the work perfide  their  intention  to
o located and described
lopment of a
with reasonable diligence for the
or lode, or for the discovery of min
case may be.   This notice of locatioi
corded, and, with the
kept on the recorder's
23.   By a compliance
less  difficulty  will  be
r both,
î the
be duly r
attached,
es for future reference.
ith the foregoing much need-
oided,  and the way for  the
ired in virtue of said
e easy and cer-
24. This office will take particular care that no improper advantage is taken of this provision of law by
parties making or professing to make tunnel locations,
ostensibly for the purposes named in the statute, but
really for the purpose of monopolizing the lands lying
in front of their ti
mnels to the detriment of the min-
ing interests and :
to the exclusion of bona fide pros-
is, but will hold such tunnel claim-
:ompliance with  the  terms  of   the
iasonable diligence on their part in
prosecuting the wo
rk is one of the essential conditions
of their implied co
ntract.    Negligence or want of due
mstrued as working a forfeiture of
their right to all ui
idiscovered veins on the line of such
j PLACERS.
Sec. 2329, R. S. 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 like circumstances and conditions, and
upon similar proceedings, as are provided for vein or
lode claims; but where the lands have been previously
surveyed by the United States, the entry in its exterior
limits shall conform to the legal subdivisions of the
public lands.
Sec. 2330, R. S. Legal subdivisions of forty acres may
be subdivided into ten-acre tracts; and two or more
persons, or associations of persons, having contiguous
claims of any size, although such claims may be less
than ten acres each, may make joint entry thereof;
but no location of a placer claim, made after the ninth
day of July, eighteen hundred and seventy, shall exceed one hundred and sixty acres for any one person
or association of persons, which location shall conform to the United States surveys; and nothing in this
section contained shall defeat or impair any bona fide
pre-emption or homestead claim upon agricultural
lands, or authorize the sale of the improvemeh£s of any
bona fide settler to any purchaser.
Sec. 2331, R. S. Where placer claims are upon surveyed
lands, and conform to legal subdivisions, no further
survey or plat shall be required, and all placer-mining
claims located after the tenth» day of May, eighteen
hundred and seventy-two, shall conform as near as
practicable with the United States system of public-
land surveys, and the rectangular subdivisions of such
surveys, and no such location shall include more than
placer claims can not be conformed to legal subdivisions, survey and plat shall be made as on unsur-
veyed lands; and where by the segregation of mineral
lands in any legal subdivision a quantity of agricultural land less than forty acres remains, such fractional portion of agricultural land may be entered by
any  party qualified  by law,  for homestead  or  pre- OF THE UNITED STATES.
REGULATION.
. But one discovery of mineral is re<
t a placer location, whether it be of
an individual, or of one hundred and s
BUILDING STONE.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person authorized to enter
lands under the mining laws of the United States may
enter lands that are chiefly valuable for building stone
under the provisions of the law in relation to placer-
mineral claims: Provided, That lands reserved for the
benefit of the public schools or donated to any State
shall not be subject to entry under this act. (Act Aug.
4, 1892, 27 Stat., 348.)
26. This act extends the mineral-land laws so as to
bring lands chiefly valuable for building stone within
the provisions of said law by authorizing a placer entry of such lands. It does not operate, however, to
withdraw lands chiefly valuable for building stone
from entry under any existing law applicable thereto.
Registers and receivers should therefore make a reference to said act on the entry papers in the case of all
placer entries made for lands containing stone chiefly
valuable for building purposes. It will be noted that
lands reserved for the benefit of public schools or
donated to any State are not subject to entry under
PETROLEUM AND OTHER MINERAL OILS.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled, That any person authorized to enter lands
under the mining laws of the United States may enter
and obtain patent to lands containing petroleum or
other mineral oils, and chiefly valuable therefor, under
the provisions of the laws relating to placer mineral
claims: Provided, That lands containing such petroleum or other mineral oils which have heretofore been
filed upon, claimed, or improved as mineral, but not yet patented, may
visions of this
improvement
rved t
: the pro
! the
s by said a
tended so as to allow the location and entry thereunder of public lands chiefly valuable for petroleum or
other mineral oils, and entries of that nature made
prior to the passage of said act are to be considered
as though made thereunder.
28. By Section 2330 authority is given for the subdivision of forty-acre legal subdivisions into ten-acre
lots, which is intended for the greater c
miners in segregating their claims both from or
other and from intervening agricultural lands.
t under a proper c
29. It is held, therefore,
struction of the law these t
tricts should be considered and dealt with, to all ii
tents and purposes, as legal subdivisions,. and that s
applicant having a legal claim which conforms to oi
or more of these ten-acre lots, either adjoining <
cornering, may make entry thereof, after thé usu;
proceedings, without further survey or plat.
30. In cases of this kind, however, the notice give
of the application must be very specific and
In description, and as the forty-acre tracts ma
divided into ten-acre lots, either in the form o
twenty chains, so long
right angles with the lii
be  necessary  that   the
specifically what ten-acre lot!
ented in addition  to the oth<
if parallelograms, five
the lines are parallel an
of the public surveys, it
utice  and   application  s
31. Where the ten-acre s
square it may be describe
% of the SW. % of NW.
lbdivis land, the notice must give all tl
quired In a mineral application
be put on inquiry as to the pre
ented.    The proofs submitted
claims of this kind must shov
and the extent of the improv<
The proof o
were made by
The annual  «
quired by Sect
than fi
ve hundre
plicant for
t, Revised
upon placer cl
32.   Applican
tsnfoia
paTent'to!
lodes lying within a I
parties, the fact shou
plication ~for patent, i
cases whether the loc
be surveyed and marl
and plat giving the
and the area of the p
membered that an aï
an application for a :
be construed as a co
plicant has no right
Where there is no ki
appear by the affida-v
33.   By Section 2330
is, which location shall conform t
provides that all placer-mining claim
T 10, 1872, shall conform as nearly a
the United States systems of publi
subdivisions of such surveys, and n r
MINERAL LAN
LAWS
i than twenty a
such locations shall include n
each individual claimant.
35. The foregoing provisions of law are construed
to mean that after the 9th day of July, 1870, no location
of a placer claim can be made to exceed one hundred
and sixty acres, whatever may be the number of
locators associated together, or whatever the local
regulations of the district may allow; and that from
and after May 10, 1872, no location can exceed twenty
acres for each individual participating therein; that
is, a location by two persons can not exceed forty
acres, and one by three persons can not exceed sixty
36. The regulations hereinbefore given as to the manner of marking locations on the ground, and placing
the same on record, must be observed in the case of
placer locations so far as the same are applicable, the
law requiring, however, that where placer claims are
upon surveyed' public lands the locations must hereafter be made to conform to legal subdivisions thereof
as near as practicable.
PROCEDURE TO OBTAIN PATENT TO MINERAL
LANDS.
Sec. 2325, R. S. A patent for any land claimed and
located for valuable deposits may be obtained in the
following manner: Any person, association, or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such
purposes, who has, or have, complied with thé terms
of this chapter, may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field notes of the
claim or claims in common, made by or under the direction of the United States surveyor-general, showing
accurately the boundaries of the claim or claims, which
shall be distinctly marked by monuments on the
ground, and shall post a copy of such plat, together
with a notice of such application for a patent, in a
conspicuous place on the land embraced in such plat
previous to the filing of the application, for a patent,
and shall file an affidavit of at least two persons that
such notice has been duly posted, and shall file a
copy of the notice in such land office, and shall there- OF THE UNITED STATES. 137
upon be entitled to a patent for the land, in the manner following: The register of the land office, upon
the filing of such application, plat, field notes, notices
and affidavits, shall publish a notice that such application has been made, for the period of sixty days,
in a newspaper to be by him designated as published
nearest to such claim; and he shall also post such
notice in his office for the same period. • The claimant
at the time of filing this application, or at any time
-, within the sixty days of publication, shall
l the register a certificate of the United States
rect, with such further description by such reference
to natural objects or permanent monuments as shall
identify the claim, and furnish an accurate description,
to be incorporated in the patent. At the expiration of
the sixty days of publication the cla*nant shall file
his affidavit, showing that the plat and notice have
been posted in a conspicuous place on the claim dur-
, ing such period of publication. If no adverse claim
shall have been filed with the register and the receiver
of the proper land office at the- expiration of the sixty
days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to
the proper officer of five dollars per acre, and that
no adverse claim exists; and thereafter no objection
from third parties to the issuance of a patent shall
be heard, except it be shown that the applicant has
failed to comply with the terms of this chapter.
(Application for patent may be made by authorized
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled, That section twenty-three hundred and
twenty-five of the Revised Statutes of the United
States be amended by adding thereto the following
words: "Provided, That where the claimant for a pat-
wherein the vein, lode, ledge, or deposit sought to be
patented is located, the application for patent and the
affidavits required to be made in this section by the
claimant for such patent may be made by It
its authorized agent, where said agent   ' with the facts sought to be established by said affidavits: And provided, That this section shall apply to
all applications now pending for patents to mineral
lands." Sec. 1. Act Congress approved January 22,
1880 (21 Stat. L., 61.)
Sec. 2328, R. S. Applications for patents for mining
claims under former laws now pending may be prosecuted to a final decision in the General Land Office; but
in such cases where adverse rights are not affected
thereby, patents may issue in pursuance of the provisions of this chapter; and all patents for mining claims
veins or lodes heretofore issued shall convey all
the rights and privileges conferred by this chapter
where no adverse rights existed on the tenth day of
May, eighteen hundred and seventy-two.
REGULATIONS.
37. As a consMti
patent according to section 2325, there r
liminary showing of work or expenditi
location, either by showing the full an
to the maintenance of possession und
for the pending year; or, if there has
should be shown that work has been
to prevent relocation by adverse parties after abandon-
The "pending year" means the calendar year in
vhich application is made, and has no reference to a
howing of work at date of the final entry.
,   This preliminary showing may, where the mat-
is unquestioned, consist of the affidavit of two or
"    tiliar with the facts.
LODE CLAIM.
t is required, in the first place, to
vey of his claim made under author-
sral of the State or Territory
in which the claim lies, such survey to show with accuracy the exterior surface boundaries of the claim,
which boundaries are required to be distinctly marked
by monuments on the ground. Four plats and one copy
of the original field notes in each case will be prepared  by   the   surveyor-general;    one  plat   and   the OF THE UNITED STATES. 139
original field notes to be retained in the office of the
surveyor-general, one copy of the plat to be given the
claimant for posting upon the claim, one plat and a
copy of the field notes to be given the claimant for
'filing with the proper register, to be finally transmitted by that officer, with other papers in the case, to
this office, and one plat to be sent by the surveyor-
general to the register of the proper land district, to be
retained on his files for future reference. As there
is no resident surveyor-general for the State of Arkansas, applications for the survey of mineral claims
in said State should be made to the Commissioner of
this office, who, under the law, is ex officio the United
States surveyor-general.
40. The survey and plat of mineral claims required to
be filed in the proper land office with application for
patent must be made subsequent to the recording of
the location of the mine; and when the original location is made by survey of a United States deputy surveyor such location survey can not be substituted for
that required by the statute, as above indicated.
-    DIRECTIONS FOR PREPARING PLAT.
41. The surveyors-general should designate all surveyed mineral claims by a progressive series of numbers, beginning with survey No. 37, irrespective as to
whether they are situated on surveyed or unsurveyed
lands, the claim to be so designated at date of issuing
the order therefor, in addition to the local designation
of the claim; it being required in all cases that the
plat and field notes of the survey of a claim must, in
addition to the reference to permanent objects in the
neighborhood, describe the locus of the claim, with
reference to the lines of public surveys, by a line connecting a corner of the claim with the nearest public
corner of the United States surveys, unless such
claim be on unsurveyed lands at a distance of more
than two miles from such public corner, in which latter case it should be connected with a United States
mineral monument. Such connecting line must not be
more than two miles in length and should be measured on the ground direct between the points, or calculated from actually surveyed traverse lines if the
nature of the country should not permit direct measurement. If a regularly established survey corner is
within two  miles of a claim situated on unsurveyed r
MINERA]
ND LAWS
should be n
e made a part
surveyor-general
il land office and
ving the portions
in  preference
mineral monument.   The conne'
veyed by the deputy mineral s
his making the particular survey i
thereof.
42. Upon the approval of the s
claim made upon surveyed lands t
will prepare and transmit to the I
to this office a diagram tracing si
of legal 40-acre subdivisions made fractio
of the mineral survey, designating each of such portions by the proper lot number, beginning with No. 1
in each section, and giving the area of each lot.
43. The following particulars should be observed in
(1) The exterior boundaries of the claim should be
represented on the plat of survey and in the field notes.
(2) The intersection of the lines of the survey with
the lines of conflicting prior surveys should be noted
in the field notes and represented upon the plat.
(3) Conflicts with unsurveyed claims, where the applicant for survey does not claim the area in conflict,
should be shown by actual survey.
(4) The total area of the claim embraced by the exterior boundaries should be stated, and also the area
in conflict with each intersecting survey, s
as follows:
Total area  of claim  10.50
Area in conflict with survey No. 302    1.56
Area in conflict with survey No. 948    2.33
Area in conflict with Mountain Maid lode mining
claim, unsurveyed     1.48
It does not follow that because mining surveys are
required to exhibit all conflicts with prior surveys the
areas of conflict are to be excluded. The field notes
and plat are made a part of the application for patent,
and care should be taken that the description does not
inadvertently exclude portions intended to be retained.
It is better that the application for patent should state
the portions to be excluded in express terms.
44. The claimant is then required to post a copy of
the plat of such survey in a conspicuous place upon the
claim, together with notice of his intention to apply for OF THE UNITED STATES. 141
a patent therefor, which notice will give the date of
posting, the name of the claimant, the name of the
claim; the mining district and county; whether or not
the location is of record, and, if so, where the record
may be found, giving the book and page thereof; the
number of feet claimed along the vein and the presumed direction thereof; the number of feet claimed
on the lode in each direction from the point of discovery or other well-defined place on the claim; the
names of all adjoining and conflicting claims, or, if
none exist, the notice should so state.
45. After posting the said plat and notice upon the
premises, the claimant will file with the proper register and receiver a- copy of such plat and the field notes
of survey of the claim, accompanied by the affidavit of
at least two credible witnesses that such plat and
notice are posted conspicuously upon the claim, giving the date and place of such posting; a copy of the
notice so posted to be attached to and form a part of
said affidavit. The plat forwarded as part of the proof
should not be folded, but rolled, so as to prevent creasing, and either transmitted in a separate package or
so enclosed with the other papers that it may pass
through the mails without creasing or mutilation. If
forwarded separately, the letter transmitting the papers should state the fact.
46. Accompanying the field notes so filed must be the
sworn statement of the claimant that he has the possessory right to the premises therein described, in virtue of a compliance by himself (and by his grantors, if
he claims by purchase) with the' mining rules, regulations, and customs of the mining district, State, or ■
Territory in which the claim lies, and with the mining laws of Congress; such sworn statement to narrate briefly, but as clearly as possible, the facts constituting such compliance, the origin of his possession,
and the basis of his claim to a patent.
47. This sworn statement must be supported by a
copy of the location notice, certified by the officer in
charge of the records where the same is recorded, and
where the applicant for patent claims the interests of
others associated with him in making the location,
or only as purchaser, in addition to the copy of the
location notice, must be furnished a complete abstract
of title as shown by the record in the office where the
transfers are by law required to  be recorded,  certi- r
HL
142
,AWS
fled to by the officer in charge of the record, under his
official seal. The officer should also certify that no
conveyances affecting the title to the claim in question appear of record other than those set forth in
the abstract, which abstract shall be brought down to
the date of the application for patent. Where the applicant claims as sole locator, his affidavit should be
furnished to the effect that he has disposed of no interest in the land located.
48. In the event of the mining records in any case
having been destroyed by fire or otherwise lost, affidavit of the fact should be made, and secondary evidence
of possessory title will be received, which may consist of the affidavit of the claimant, supported by those
of any other parties cognizant of the facts relative
to his location, occupancy, possession, improvements,
&c. ; and in such case of lost records, any deeds, certificates of location or purchase, or other evidence
which may be in the claimant's possession and tend to
establish his claim, should be filed.
49. Before receiving and filing a mineral application
for patent, local officers will be particular to see that
it includes no land which is embraced in a prior or
pending application for patent or entry, or for any
lands embraced in a railroad selection, or for which
publication is pending or has been made by any other
claimants, and if, in their opinion, after investigation,
it should appear that a mineral application should not,
for these or other reasons, be accepted and filed, they
should formally reject the same, giving the reasons
therefor, and allow the applicant thirty days for appeal to this office under the Rules of Practice.
50. Upon the receipt of these papers, if no reason appears for rejecting the application, the register will,
at the expense of the claimant (who must furnish the
agreement of the publisher to hold applicant for patent alone responsible for charges of publication), publish a notice of such application for the period of sixty
days in a newspaper published nearest to_the claim,
and will post a copy of such n<
same period.   When the notice
s office for tl
when in a daily newspaper, the notice must appear in
each issue for sixty-one consecutive issues, the first
day of issue being excluded in estimating the period
of sixty days. OF THE UNITED STATES. 143
51. The notices so published and posted must be as
full and complete as possible, and embrace all the
data given in the notice posted upon the claim.   Too
i the
completeness   will   depend,
regularity and validity of
52.   The register shall pu
tion for patent in a ;
general circulation,
in  a great   measure,   tne
he whole proceeding.
ish the notice of applica-
of established character and
by him designated as being
nearest the land.
e of filing application for
5 time within the sixty days of publi-
d to file with the register, a certificate
,-eneral that not less than five hundred
labor has been expended or improve-
the applicant or his grantors, upon
ibraced in the application, or if the
aces several locations held in com-
ount equal to five hundred dollars for
s been so expended upon, and for the
tire group; that the plat filed by the
ct; that the field notes of the survey,
: incorporated in a patent, serve to
> premises and that such reference is
natural objects or permanent monu-
erpetuate and fix the locus thereof;
3 to all applications for patent made
itry before July 1, 1898, or which are
.dverse claims prevented from being
before that time, where the applica-
several locations held in common, proof
ire of five hundred dollars upon the
sufficient and an expenditure of that
amount need not be shown to have been made upon,
or for the benefit of, each location embraced in the
application.1
54. The surveyor-general should derive his information Upon which to base his certificate as to the value
of labor expended or improvements made from his
deputy who makes the actual survey and examination
upon the premises, and such deputy should specify with
53.
application en
mon, that an i
benefit of thé
as filed, furnis
fully Identify'!
made therein
provided, that
and passed to
by protests or
passed to entr particularity and full detail the character and extent
of such improvements.
55. It will be the more convenient way to have this
certificate indorsed by the surveyor-general, both upon
the plat and field notes of survey filed by the claimant
as aforesaid.
56. After the sixty days' period of newspaper publication has expired, the claimant will furnish from
the office of publication a sworn statement that the
notice was published for the statutory period, giving
the first and last day of such publication, and his own
affidavit showing that the plat and notice aforesaid remained conspicuously posted upon the claim sought
to be patented during said sixty days' publication, giving the dates.
57. Upon the filing of this affidavit the register will,
3 filed in his  office during the
period of publication
the land according t
field notes of survey
t the
T for
the plat a
aforesaid, at the rate of five dol-
i five dollars for each fractional
part of an acre, except as otherwise provided by law,
the receiver issuing the usual duplicate receipt therefor. The claimant will also make a sworn statement
of all charges and fees paid by him for publication and
surveys, together with all fees and money paid the
register and receiver of the land office, after which the
complete record will be forwarded to the Commissioner
of the General Land Office and a patent issued thereon
if found regular.
PROTEST.
58.   At any time prior to the issuance of patent,
test may be filed against the patenting of the clair
applied for, upon any ground tending to show that
applicant has failed to comply with the law in a r
ter which would avoid the claim.    Such protest
not, however, be made the means of preserving a i
face conflict lost by failure to adverse or lost by
judgment of the court in an adverse suit.   One holding- a present joint interest in a mineral location
eluded in an application for patent who is excluded
from the application, so that his interest would not be
protected by the issue of patent thereon, may proi
against the issuance of a patent as applied for, !
ting forth in such protest the nature and extent of OF THE UNITED STATES. 145
interest in such location, and such a protestant will be
deemed a party in interest entitled to appeal. This
results from the holding that a co-owner excluded from
an application for patent does not have an "adverse"
claim within the meaning of Sections 2325 and 2326 of
the Revised Statutes. See Turner v. Sawyer, 150 U. S.,
578-586.
s of the trust and the
name of the cestui que trust ; and such trustee, as well
as the beneficiaries, must furnish satisfactory proof
of citizenship; and the names of beneficiaries, as well
as that of the trustee, must be inserted in the final
certificate of entry.
PLACERS.
60. The proceedings to obtain patents for claims
usually called placers, including all forms of deposit,
excepting veins of quartz or other rock in place, are
similar to the proceedings prescribed for obtaining patents for vein or lode claims; but where said placer
claim shall be upon surveyed lands, and conforms to
legal subdivisions, no further survey or plat will be
required; and all placer mining claims located after
May 10, 1872, shall conform as nearly as practicable
with the United States system of public-land surveys
and the rectangular subdivisions of such surveys, and
no such location shall include more than twenty acres
for each individual claimant; but where placer claims
can not be conformed to legal subdivisions, survey
and plat shall be made as on unsurveyed lands. But
where such claims are located previous to the public
■ surveys, and do not conform to legal subdivisions, survey, plat and entry thereof may be made according to
the boundaries thereof, provided the location is in ail
respects legal.
61.. The proceedings for obtaining patents for veins
or lodes having already been fully given, it will not be
necessary to repeat them here, it being thought that
careful attention thereto by applicants and the local
officers will enable them to act understandingly in the
the different nature of the two classes c
claims being fixed, however, at two d
cents per acre, or fractional part of a the
'eof, application
3 person, association,
r claim, with the
vein or lode, and in such
the placer claim, subject t
twenty-fl'i
mndaries
t for the
t that 11
case a patent shall issue for
3 the provisions of this chap-
mg sucn vein or lode, upon the payment of
3 per acre for such vein or lode claim, and
a feet of surface on each side thereof. The
remainder of the placer claim, or any placer claim not
embracing any vein or lode claim, shall be paid for
at the rate of two dollars and fifty cents per acre, together with all costs of proceedings ; and where a vein
or lode, such as
hundred and t\
boundaries of i
patent for si
application for the vein c
; placer claim " has  no
n or lode claim;   but wl
3 described i:
ity, is known to exist within the
ilacer claim, an application for a
' n which does not include an
The
ithin the bot
REGULATIONS,
ire in recognizing
lode claim shall be c
ration that the claimant of
■ight of possession of the
îre the existence of a vein
lot known, a patent for the
lineral   and
reof.
termining the
end the clearest evidence of whici
should be presented.
(1) If the claim be all placer gr
be stated in the application and
companying proofs; if of mixed
should be so set out, with a desc
lodes situated within the bounda parties, make full examination of all placer claims
surveyed by them, and duly note the facts as specified
in the law, stating the quality and composition of the
soil, the kind and amount of timber and other vegetation, the locus and size of streams, and such other
matters as may appear upon the surface of the claim.
This examination should include the character and extent of all surface and underground workings, whether
placer or lode,  for mining purposes.
(3) In addition to these data, which the law requires
to be shown in all cases, the deputy should report with
reference to the proximity of centers of trade or residence; also of well-known systems of lode deposit or of
individual lodes. He should also report as to the use
or adaptability of the claim for placer mining; whether
water has been brought upon it In sufficient quantity
to mine the same, or whether it can be procured for
that purpose; and, finally, what works or expenditures
have been made by the claimant or his grantors for the
development of the claim, and their situation and location with respect to the same as applied for.
de
PU
ty under
oath to the s
urve
for-general,  and du
borated;
and à copy o
f the
sh
d with t
he application
for
patent to the claii
tituting a
included in the oa
of
the applies
Applicat
y, whether publish
th
respect t
o examination
Entries
will
be suspended for su
addi
ional proofs as may be deen
led necessary in ea
ley are therefore
0 May, 1872, c. 152, r
proprietor of such vein or lode for mining or milling
purposes, such nonadjacent surface ground may be
embraced and included in an application for a patent
uid the same may be patented
lents !
rabjec
to s
the  s
applicable to
es,  and  pay-
; but no location her'
nonadjacent land shall exceed fi'
ment for the same must be made at the same rate as
fixed by this chapter for the superficies of the lode.
The owner of a quartz mill or reduction works, not
owning a mine in connection therewith, may also receive a patent for his mill site, as provided in this sec-
REGULATIONS.
64. To avail themselves of this provision of law parties holding the possessory right to a vein or lode, and
to a piece of nonmineral land not contiguous thereto,
for mining or milling purposes, not exceeding the
quantity allowed for such purpose by Section 2337,
United States Revised Statutes, or prior laws, under
which the land was appropriated, the proprietors of
such vein or lode may file in the proper land office
their application for a patent, under oath, in manner
already set forth herein, which application, together
with the plat and field notes, may include, embrace,
and describe, in addition to the vein or lode, such noncontiguous mill site, and after due proceedings as to
notice, etc., a patent will be issued conveying the same
as one claim. The owner of a patented lode may, by
an independent application, secure a mill site if good
faith is manifest in its use or occupation in connection
with the lode and no adverse claim exists.
65. Where the original survey includes a -lode claim
and also a mill site the lode claim should be described
"Sur. No. 37, A," and t
appropriate numeric
distance from a corr
the lode claim to be
field notes, and a coj
cation for patent mi
the mill site as well as upon th
statutory period of sixty days.
no separate receipt or certificate
mill site, but the whole area of 1
designation; the course and
of the mill site to a corner of
ariably given in such plat and
if the plat and notice of appli-
be conspicuously posted upon
ein or lode for the
making the entry
ii lode.and mill site Wlli be embraced in one entry, the price being five
dollars for each acre and fractional part of an acre
embraced by such lode and mill site claim.
same manner prescribed herein for mining claims, and
after due notice and proceedings, in the absence of a
valid adverse filing, to enter and receive a patent for
his mill site at said price per acre.
67. In every case there must be satisfactory proof
that the land claimed as a mill site is not mineral in
character, which proof may, where the matter is un-
land,   to  testify understandingly.
PROOF OF CITIZENSHIP.
Sec. 2321, R. S. Proof of citizenship, under this
chapter, may consist, in the case of an individual, of
his own affidavit thereof; in the case of an association
of persons unincorporated, of the affidavit of their authorized agent; made on his own knowledge or upon information and belief; and in the case of a corporation
organized under the laws of the United States, or of
any State or Territory thereof, by the filing of a certified copy of their charter or certificate of incorpora-
REGULATIONS.
68. The proof necessary to establish the citizenship
of applicants for mining patents must be made in the
following manner: In case of an Incorporated company, a certified copy of their charter or certificate of
incorporation must be filed. In case of an association
of persons unincorporated, the affidavit of their duly
authorized agent, made upon his own knowledge or
upon information and belief, setting forth the residence
of each person forming such association, must be submitted. This affidavit must be accompanied by a power
of attorney from the parties forming such association,
authorizing the person who makes the affidavit of citizenship to act for them in the matter of their applica-
69. In case of an individual or an association of in- 15Ô MINERAL LAND LAWS
showing whether he is a native or naturalized citiz
when and where born, and his residence.
70.   In case an applicant has declared his intent
to become a citizen or has been naturalized, h
vit must show the date, place, and  the cou
which  he declared his  intention,  or from
certificate of citizenship issued, and present i
f the claimant as to his citizenship
t before
which   his
The affidavit
land district;
ithori:
ister o
administ
îe claimant is residing beyond the
the affidavit may be taken before
it of record or before any notary
established by the testimony of
, such testimony may be taken
ly place before any person authorized to admin-
oaths, and whose" official character is duly veri-
the clerk of any cou
public of any State
72.   If citizenship ii
ter ni
was posted in his office for the full period of sixty
days, such certificate to state distinctly when such
posting was done and how long continued.
74. No entry will be allowed until the register has
satisfied himself, by a careful examination, that
proper proofs have been filed upon all the points indicated in official regulations in force, and that they
show a sufficient hona fide compliance with the laws
and such regulations.
75. The consecutive series of numbers of mineral
entries must be continued, whether the same are of
lode or placer claims or mill sites.
POSSESSORY   RIGHT.
Sec. 2332, R. S. Where such person or association, they
and their grantors, have held and worked their claims
for a period equal to the time prescribed by the statute of limitations for mining claims of the State or
where the same may be  situated,  evidence
a and working of the claims for
of such p
period sha
patent thereto unde
any adverse claim;
be deemed to impair
this
o attached prior t<
right to a
chapter, in the absence of
othing in this chapter shall
in which may have attached
ay mining claim or property REGULATIONS.
76. This provision of law will greatly lessen the
burden of proof, more especially in the case of old
claims located many years since, the records of which,
in many cases, have been destroyed by fire, or lost in
other ways during the lapse of time, but concerning
the possessory right to which all controversy or litigation has long been settled.
77. When an applicant desires to make his proof of
possessory right in accordance with this provision of
law, he will not be required to produce evidence of lo«
cation, copies of conveyances, or abstracts of title,
as in other cases, but will be required to furnish a duly
certified copy of the statute of limitation of mining
claims for the State or Territory, together with his
sworn statement giving a clear and succinct narration of the facts as to the origin of his title, and likewise as to the continuation of his possession of the
mining ground covered by his application; the area
thereof; the nature and extent of the mining that
has been done thereon; whether there has been any
opposition to his possession, or litigation with regard
to his claim and, if so, when the same ceased; whether
such cessation was caused by compromise or by judicial decree, and any additional facts within the claimant's knowledge having a direct bearing upon his possession and bona fides which he may desire to submit
t of h
clai:
e should likewise be filed a certificate, under
seal of the court having jurisdiction of mining cases
within the judicial district embracing the claim, that
no suit or action of any character whatever involving
the right of possession to any portion of the claim
applied for is pending, and that there has been no litigation before said court affecting the title to said claim
or any part thereof for a period equal to the time
fixed by the statute of limitations for mining claims
in the State or Territory as aforesaid, other than that
which has been finally decided in favor of the claim-
79. The claimant should support his narrative of
facts relative to his possession, occupancy, and improvements by corroborative testimony of any disin-
tfirAsteri nei-Knn m- nersons of credibility who may be •
s in the case and are capable of ADVERSE CLAIMS.
Sec. 2326, R. S. Whei
ing the period of pub
of the person or perse
show the nature, boundaries, and extent of such s
verse claim, and all proceedings, except the publicati
of notice and making and filing of the affidavit thet
been settled or decided by a court of competent jur
diction, or the adverse claim waived.   It shall be t
duty of the adverse claimant, within thirty days aft
filing his cli '
of competent  jurisdiction,
of the  right  of  possessioi
with reasonable diligence
failure so to do shall be a w;
After such judgment shall
party e
se claim is filed dur-
shall be upon oath
the same, and shall
: the question
to  determine
and prosec
:o final judgment;   and
" ' 's adverse clain
:  rendered,  th
E the clain .
î thereof, may, without giving further notice,
file a certified copy of the judgment roll with the register of the land office, together with the certificate of
the surveyor-general that the requisite amount of
labor has been expended or improvements made thereon, and the description required in other cases, and
shall pay to the receiver five dollars per acre for his
claim, together with the proper fees, whereupon the
whole proceedings and the judgment roll shall be certified by the register to the Commissioner of the General Land Office, and a patent shall issue thereon for
the claim, or such portion thereof as the applicant
shall appear, from the decision of the court, to rightly
possess. If it appears from the decision of the court
that several parties are entitled to separate and different portions of the claim, each party may pay for his
portion of the claim with the proper fees, and file the
certificate and description by the surveyor-general,
whereupon the register shall certify the proceedings
and judgment roll to the Commissioner of the General
Land Office, as In the preceding case, and patents shall
issue to the several parties according to their respective rights. Nothing herein contained shall be construed to prevent the alienation of a title conveyed
by a patent for a mining claim to any person what- (In action broughtstitle not established in either party.
Act of Congress approved March 3, 1881
(21 Stat. L., 505.)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled, That if, in any action brought pursuant to
section twenty-three hundred and twenty-six of the
Revised Statutes, title to the ground in controversy
shall not be established by either party, the jury shall
so find, and judgment shall be entered according to the
verdict. In such case costs shall not be allowed to
either party, and the claimant shall not proceed in
the land office or be entitled to a patent for the ground
in controversy until he shall have perfected his title.
(Adverse claim may be verified by agent. Sec. 1, act
of Congress approved April 26,"'1882 (22 Stat. L., 49.)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled, That the adverse claim required by section
twenty-three hundred and twenty-six of the Revised
Statutes may be verified by the oath of any duly
authorized agent or attorney in fact of the adverse
claimant cognizant of the facts stated; and the adverse claimant, if residing or at the time being beyond
the limits of the district wherein the claim is situated,
may make oath to the adverse claim before the clerk
of any court of record of the United States of the
State or Territory where the adverse claimant may
then be, or before any notary public of such State or
Territory.
REGULATIONS.
80. An adverse mining claim must be filed with the
register and receiver of the land office where the application for patent was filed, or with the register and
receiver of the district in which the land is situated
at the time of filing the adverse claim. It must be on
the oath of the adverse claimant, or it may be verified
by the oath of any duly authorized agent or attorney
in fact of the adverse claimant cognizant of the facts
81. Where an agent or attorney in fact verifies the
adverse claim, he must distinctly swear that he is such
agent  or  attorney,   and  accompany his  affidavit  by
82. The  agent or attorney in fact must make the t fully s
land district where the
'    83.   The adverse notice
ture  arid   extent  of   thi
whether the adverse party clair
valuable consideration or as a 1
a certified copy of the original
conveyance,  a duly certified  copy thereof,  or an abstract of title from the office of the proper recorder
should be furnished, or if the transaction was a merely
verbal one he will r
the purchase, the c
which facts should
forth the na-
or    conflict;
if the former,
the original
and if he claims as a locator he
tified copy of the location from tl
recorder.
es attending
thereof, and the amount paid,
jpported by the affidavit of one
my were present at the time,
ust file a duly cer-
office of the proper
the
In order that the "boundaries" and "extent"
:laim may be shown, it will be incumbent upon t
claimant to file a plat   si
against which he claims,
This plat must be mad<
United States deputy su
tify thi
f the c
i  the
I officially cer-
irrectness; ana in addition there
such plat of survey a certificate
by the surveyor as to the approximate value of the labor performed or improvements made upon the claim by the adverse party or
his predecessors in interest, and the plat must indi-
the position of any shafts,  tunnels,
upon the claim of the
, and by which party
::    Provided,   however,
provements,
party opposing the  applicatioi
said  improvements  were made:    ±rovi
That if the application for patent descr
by legal subdivisions,   the adverse  clai
claiming by legal  subdivisions,   may de
verse claim in the same manner withou
vey or plat.
85. Upon the foregoing being filed wi
days' publication, the register, or in hi
receiver, will give notice in writing to both pai
the contest that such adverse claim has been fi:
forming them that the party who filed  the £ OF THE UNITED STATES. 155
claim will be required within thirty days from the
date of such filing to commence proceedings in a
court of competent jurisdiction to determine the question of right of possession, and to prosecute the. same
with reasonable diligence to final judgment, and that,
should such adverse claimant fail to do so, his adverse claim will be considered waived, and the application for patent be allowed to proceed upon Its merits.
86. When an adverse claim is filed as aforesaid, the
register or receiver will indorse upon the same the
precise date of filing, and preserve a record of the date
of notifications issued thereon; and thereafter all proceedings on the application for patent will be suspended, with the exception of the completion of the
publication and posting of notices and plat, and the
filing of the necessary proof thereof, until the controversy shall have been adjudicated in court, or the adverse claim waived or withdrawn.
87. Where an adverse claim has been filed and suit
thereon commenced within the statutory period, and
final judgment determining the right of possession
rendered in favor of the applicant, it will not be suffi-
the clerk of the court, se
ting forth  the facts  as t
such judgment, but he-im
st, before he is allowed t
make entry, file a certifiée
copy of the judgment, tc
gether with the  other ev
dence  required  by   Sectio
2326,  Revised Statutes.
88.   Where such suit has
been dismissed, a certificat
of the clerk of the court
o that effect or a certifie
copy of the order of dismis
sal will be sufficient.
89. After an adverse claim has been filed and suit
commenced, a relinquishment or other evidence of-
abandonment will not be accepted, but the case must
be terminated and proof thereof furnished as required
by the last two paragraphs.
90. Where an adverse claim has been filed, but no
suit commenced against the applicant for patent within
the statutory period, a certificate to that effect by the
clerk of the State court having jurisdiction in the
case, and also by the clerk of the circuit court of the Sec. 2335, R. S. All affidavits required to be made
under this chapter may be verified before any officer
authorized to administer oaths within the land district
where the claims may be 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 land office.    In cases
ter of land, the testimony and proofs may be taken
as herein provided on personal notice of at least ten
days to the opposing party; or if such party can not
be found, then by publication of at least once a week
for thirty days in a newspaper, to be designated by the
register of the land office as published nearest to the
location of such land; and the register shall require
proof that such notice has been given.
(Sec. 2, act of Congress approved April 26, 1882 (22 Stat.
Sec. 2. That applicants for mineral patents, if residing beyond the limits of the district wherein the
claim is situated, may make any oath or affidavit required for proof of citizenship before the clerk of any
court of record, or before any notary public of any
State or Territory.
(See Adverse claims.)
GENERAL   LEGISLATION.
Sec. 2338, R. S. As a condition of sale, in the absence
of necessary legislation by Congress, the local legislature of any State or Territory may provide rules for
working mines, involving easements, drainage, and
mplete development;
shall 1
fully OF THE UNITED STATES. 157
Sec. 2339. Whenever, by priority of possession, rights
to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued,
and the same are recognized and acknowledged by the
local customs, laws, and the decisions of courts, the
possessors and owners of such vested rights shall be
maintained and protected in the same; and the right
of way for the construction of ditches and canals for
the purposes herein specified is acknowledged and
confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the
possession of any settler on the public domain, the
party committing such injury or damage shall be
liable to the party Injured for such injury or damage.
Sec. 2340, R. S. All patents granted, c
homesteads allowed, shall be subject t
accrued water rights,  or rights to di
recognized by the
Sec. 2341, R. S. Wherever, upon the lands heretofore
designated as mineral lands, which have been excluded from survey and sale, there have been homesteads made by citizens of the United States, or persons who have declared their intention to become
citizens, which homesteads have been made, improved,
and used for agricultural purposes, and upon which
there have been no valuable mines of gold, silver,
. cinnabar, or copper discovered, and which are properly agricultural lands, the settlers or owners of such
homesteads shall have a right of pre-emption thereto,
and shall be entitled to purchase the same at the price
of one dollar and twenty-five cents per acre, and in
quantity not to exceed one hundred and sixty acres;
or they may avail themselves of the provisions of
chapter five of this title, relating
survey of the lands described
the Secretary of the Interior
irt such portions of the same
al lands,  which lands shall thereafter be subjec
public lands, and be
lations applicable to the same.
Sec. 2343, R. S. The President is authorized to establish additional land districts, and to appoint the necessary officers under existing laws, wherever he may
deem the same necessary for the public convenience in
executing the provisions of this chapter.
Sec. 2344, R. S. Nothing contained in this chapter shall
be construed to impair in any way, rights or Interests
in mining property acquired under existing laws ; nor to
affect the provisions of the act entitled "An act granting to A. Sutro the right of way and other privileges
to aid in the construction of a draining and exploring
tunnel to the Comstock lode, in the State of Nevada,"
approved July twenty-five, eighteen hundred and six-
Sec. 2345, R. S. The provisions of the preceding sections of this chapter shall not apply to the mineral
lands situated in the States of Michigan, Wisconsin,
and Minnesota, which are declared free and open to exploration and purchase, according to legal subdivisions,
in like manner as before the tenth day of May,
eighteen hundred and seventy-two. And any bona fide
entries of such lands within the States named since
the tenth of May, eighteen hundred and seventy-two,
may be patented without reference to any of the foregoing provisions of this chapter. Such lands shall be
offered for public sale in the same manner, at the
same minimum price, and under the same rights of
pre-emption as other public lands.
Sec. 2346, R. S. No act passed at the first session of
the Thirty-eighth Congress, granting lands to States or
corporations to aid in the construction of roads or for
other purposes, or to extend the time of grants made
prior to the thirtieth day of January, eighteen hundred
and sixty-five, shall be so construed as to embrace
mineral lands, which in all eases are reserved exclusively to the United States, unless otherwise specially
provided in the act or acts making the grant, (Missouri and Kansas excluded from the operation of
the mineral laws.   Act of Congress approved
May 5, 1876, (19 Stat. L., 52.)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That within the States of Missouri
and Kansas deposits of coal, iron, lead, or other mineral be, and they are hereby, excluded from the operation of the act entitled "An act to promote the development of the mining resources of the United
States," approved May tenth, eighteen hundred e j
seventy-t
(Citizens of Colorado, Nevada, and the Territories authorized to fell and remove timber on the public
domain for mining and domestic purposes. Act of
Congress approved June 3, 1878 (20 Stat. L., 88.)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all citizens of the United States
and other persons, bona fide residents of the State
of Colorado, or Nevada, or either of the Territories of
New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho,
or Montana, and all other mineral districts of the
United States, shall be, and are hereby, authorized and
permitted to fell and remove, for building, agricultural,
mining, or other domestic purposes, any timber or
other trees growing or being on the public lands, said
lands being mineral, and not subject to entry under
existing laws of the United States, except for mineral
entry, in either of said States, Territories, or districts of which such citizens or persons may be at
the time bona fide residents, subject to such rules and
regulations as the Secretary of the Interior may prescribe for the protection of the timber and of the
undergrowth growing upon such lands, and for other
purposes:    Provided, The provisions of  this act shall
Sec. 2.. That it shall be the duty of the register and
the receiver of any local land office in whose district
any mineral land may be situated to ascertain from
J lime whether any timber is being cut or used
r such lands, except for the purposes author-
nis act, within their respective land districts;
i, they shall immediately notify the Commissioner of the General Land Office of that fact: and all
necessary expenses incurred in making such proper
examinations shall be paid and allowed such register
iiaking up their next quarterly  ac-
ized by t
Sec. 3. Any person or persons who shall violate the
provisions of this act, or any rules and regulations in
pursuance thereof made by the Secretary of the Interior, shall be deemed guilty of a misdemeanor, and,
upon conviction, shall be fined in any sum not exceeding five hundred dollars, and to which may be
added imprisonment for any term not exceeding six
months.
icepted from the operation of the
Act of Congress approved. Mai
3, 1883, (22 Stat.  L., 487.)
i and House of Repre-
es of America in Con-
he State of Alabama all
Be it enacted by the Senat
sentatlves of the United Sta
gress assembled, That within
public lands, whether minera
subject to disposal only as agricultural lands: Provided, however, That all lands which have heretofore
been reported to the General Land Office as containing coal and iron shall first be offered at public sale:
And provided further, That any bona fide entry under
the provisions qf the homestead law of lands within
said State heretofore made may be patented without
reference to an act approved May tenth, eighteen hundred and seventy-two, entitled "An act to promote the
development of the mining resources of the United
States," in cases where the persons making application
for such patents have in all other respects complied
with  the  homestead  Jaw  relating  thereto. )VERNMENT FOR
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,   *  »   *
Sec. 8. That the said district of Alaska is hereby
created a land district, and a United States land office
for said district is hereby located at Sitka. The commissioner provided for by this act to reside at Sitka
shall be ex officio register of said land office, and the
clerk provided for by this act shall be ex officio re-
, ceiver of public moneys and the marshal provided for
by this act shall be ex officio surveyor-general of said
district and the laws of the United States relating to
mining claims, and the rights incident thereto, shall,
from and after the passage of this act, be in full force
and effect in said district, under the administration
thereof herein provided for, subject to such regulations
as may be made by the Secretary of the Interior, approved by the President: Provided, That the Indians
or other persons in said district shall not be disturbed
in the possession of any lands actually in their use or
occupation or now claimed by them, but the terms
under which such persons may acquire title to such
lands is reserved for future legislation by Congress:
And provided further, That parties who have located
mines or mineral privileges therein under the laws of
the United States applicable to the public domain,
or who have occupied and improved or exercised acts
of ownership over such claims, shall not be disturbed
therein, but shall be allowed to perfect their title to
such claims by payment as aforesaid: And provided
also, That the land not exceeding six hundred and
forty acres at any station now occupied as missionary
stations among the Indian tribes in said-section, with
the improvements thereon erected by or for such societies, shall be continued in the occupancy of the
several religious societies to which said missionary
stations respectively belong until action by Congress.
But nothing contained in this act shall be construed to îe.United States.
(See amendment appr
2, hereof.)
MINERAL LAND LAWS
id district the general 1
ed July 24, 1897, p
stricted t
; passage of this act,
ids with a view to oc-
; of the land
(Right of entry under all the
320 acres. (Repealed, see act Mar. 3, 1891, sec. 17.)
Reservation in patents for right of way for ditches
and canals constructed. Act of Congress approved
August 30, 1890.   (26 Stat. L., 371.)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,   *   *  *
No person who shall after
enter upon any of the public
cupation, entry, or settlement under a
laws shall be permitted to acquire title to more than
three hundred and twenty acres in the aggregate,
under all of said laws, but this limitation shall not
operate to curtail the right of any person who has
heretofore made entry or settlement on the public
lands, or whose occupation, entry or settlement, is
validated by this act: Provided, That in all patents
for lands hereafter taken up under any of the land
laws of the United States or on entries or claims validated by this act west of the one hundredth meridian,
it shall be expressed that there is reserved from the
lands in said patent described a right of way thereon
for ditches or canals constructed by the authority of
the United States.   *   *   *
"own sites on mineral lands authorized.    Lands entered under the mineral laws not included in restriction  to 320 acres.    Act of Congress approved
March 3, 1891 (26 Stat. L., 1095.)
Be it enacted by the Senate and House of Repre-
intatives of the United States of America in  Con-
Sec. 16.   That 'town-site entries may be made by in- the United States, but no title shall be acquired by
such towns or cities to any vein of gold, silver, cinnabar, copper, or lead, or to any valid mining claim or
possession held under existing law. ' When mineral
veins are possessed within the limits of an incorporated town or city, and such possession is recognized
by local authority or by the laws of the United States,
the title to town lots shall be subject to such recognized possession and the necessary use thereof and
when entry has been made or patent issued for such
town sites to such incorporated town or city, the
possessor of such mineral vein may enter and receive
patent for such mineral vein, and the surface ground
appertaining thereto: Provided, That no entry shall
be made by such mineral-vein claimant for surface
ground where the owner or occupier of the surface
ground shall have had possession of the same before
the inception of the title of the mineral-vein applicant.
Sec. 17. That reservoir sites located or selected and
to be located and selected under the provisions of "An
act making appropriations for sundry civil expenses
of the Government for the fiscal year ending June
thirtieth,  eighteen  hundred  and  eighty-nine,   and  for
stricted to and shall contain only so much land as is
actually necessary for the construction and maintenance of reservoirs; excluding so far as practicable
lands occupied by actual settlers at the date of the
location of said reservoirs and that the provisions of
sundry civil ex-
penses of the G
ior the
.lu
ighteen hu
for
;s," which
son who shall after the
passag
upon any of the
is with
?s shall be permitted to
tflT
ee hundred ai
d twenty a
ma
-ximumaamou
shall be co
ThTut
ted  to  be  acquired  by
al lands and
not includ
to
be entered un
der'minera
land la APPOINTMENT OF DEPUTIES FOR SURVEY OF
MINING  CLAIMS-CHARGES  FOR  SURVEYS
AND   PUBLICATIONS-FEES   OF   REGISTERS   AND   RECEIVERS,   ETC.
Sec. 2334, R. S. The surveyor-general of the United
States may appoint in each land district containing
mineral lands as many competent surveyors as shall
apply for appointment to survey mining claims. The
expenses of the survey of vein or lode claims, and the
survey and subdivision of placer claims into smaller
quantities than one hundred and sixty acres, together
with the cost of publication of notices, shall be paid
by the applicants, and they shall be at liberty to obtain
the same at the most reasonable rates, and they shall
also .be at liberty to employ any United States deputy
surveyor to make the survey. The Commissioner of
the General Land Office shall also have power to
establish the maximum charges for surveys and publication of notices under this chapter; and, in case of
excessive charges for publication, he may designate
any newspaper published in a land district where
mines are situated for the publication of mining notices
id fix the rates to be charged by
:o the end that the Commissioner
le subject, each applicant
in such di
such paper; and, to the
may be fully informed on
shall file with the registe:
charges and fees paid by
tion and surveys, togethe
paid the register and the
which statement shall be
papers in the case, to the
all
ich applicant for publica-
with all fees and money
sceiver of the land office,
msmitted, with the other
REGULATIONS.
91. Under this authority of law the following rates
have been established as the maximum charges for
newspaper publications in mining cases:
(1) Where a daily newspaper is designated the
charge shall not exceed seven dollars for each ten lines
of space occupied, and where a weekly newspaper is
designated as the medium of publication five dollars ;
for the same space will be allowed. Such charge shall
be accepted as full payment for publication in each y?awf th
OF THE
erfictenota
ce, and the
<ITED STATES. 165
'or the entire period required
he description essential to a
lid rates established upon the
understanding that they are to be in the usual body
type used for advertisements.
(2) For the publication of citations in contests or
hearings involving the character of lands the charges
shall not exceed eight dollars for five publications in
weekly newspapers or ten dollars for publications in .
dally newspapers for thirty days.
92. The surveyors-general of the several districts
will, in pursuance of said law, appoint in each land district as many competent deputies for the survey of
mining claims as may seek such appointment, it being
distinctly understood that all expenses of these notices
and surveys are to be borne by the mining claimants and not by the United States. The claimant may
employ any deputy surveyor within such district to do
his work in the field. Each deputy mineral surveyor
before entering upon the duties of his office or appointment shall be required to enter into such bond for
the faithful performance of his duties as may be prescribed by the regulations of the Land Department
in force at that time.
93. With regard to the platting of the claim and
other office work in the surveyor-general's office, that
officer will make an estimate of the cost thereof, which
amount the claimant will deposit with any assistant
United States treasurer or designated depository in
favor of the United States Treasurer, to be passed to
the credit of the fund created by "individual depositors
for surveys of the public lands," and file with the
surveyor-general duplicate certificates of such deposit in the usual manner.
94. The surveyors-general will endeavor to appoint
mineral deputy surveyors, so that one or more may
be located in each mining district for the greater con-
95. The usual oaths will be required of these deputies
and their assistants. as to the correctness of each
survey executed by them.
The duty of the deputy mineral surveyor ceases
when he has executed the survey and returned the
field notes and preliminary plat thereof with his re- r
in c
surveyor or any pi
l with the view
The surveyors-general and local land officers j
expected to report any infringement of this régulât:
to this  office.
96. Should  it appear  that  e
charges have been made by any s
■ lisher, prompt action will be t
correcting the  abuse.
97. The fees payable to the register and receiver for
filing and acting upon applications for mineral-land
patents are five dollars to each officer, to be paid by
the applicant for patent at the time of filing, and the
like sum of five dollars is payable to each officer by
an adverse claimant at the time of filing his adverse
claim.    (Sec. 2238, R. S., paragraph 9.)
98. At the time of payment of fee for mining application or adverse claim the receiver will issue his receipt therefor in duplicate, one to be given the applicant or adverse claimant, as the case may be, and
one to be forwarded to the Commissioner of the General Land Office on the day of issue. The receipt for
mining application should have attached the certificate
of the register that the lands included in the appli-
t lands.subject to such appropriation.
;  the  close
each month, forward to this office
ing applications filed, and a registei
panied with an abstract of mineral lands sold,
•act of n
and a
s filed.
e fees and purchase money received by regis-
receivers must be plaeed to the credit of the
:ates in the receiver's monthly and quarterly
charging up in the disbursing i
which the register and receiver r
' entitled as fees and commissi
is in regard to the legal maximur d th    D
far e
s ap-
and proc
eedings  a
ne   the  m
haracter of lands.
102.   No public land
shall be
withhelc
fro
gricultural land on
character,
xcept such as is reti
-gene
lineral;  and the pre
umption
arising
nthe
er hereinafter described.
103.   Hearings  to  determine
the cha
r  of
re practically of two
kinds, a
s follows
(1)   Lands returned
as mineral by th
-gen-
When such -lands are sought to be entered as agricultural under laws which require the submission of
final proof after due notice by publication and posting, the filing of the proper nonmineral affidavit in
the absence of allegations that the land is mineral
will be deemed sufficient as a preliminary requirement.
A satisfactory showing as to character of land must be
made when final proof is submitted.
In case of application to enter, locate, or select such
lands as agricultural, under laws in which the submission of final proof after due publication and posting
is not required, notice thereof must first be given by
publication for sixty days and posting in the local
office during the same period, and affirmative proof
as to the character of the land submitted. In the
absence of allegations that the land is mineral, and
upon compliance with this requirement, the entry, lo-
îrned as agricultural and alleged to be
claimed  right to  enter such
s alleged that the  same  are
;ral, or are applied for as mineral lands, the pro-
ings in this class of cases will be in the nature of
mtest,  and the practice will be governed by the
RAILROAD AND STATE SELECTIONS.
.   Where a railroad company seeks to select lands [NERAL LA
LAWS
mining location, claim, or entry, or where in the
case of a selection by a State, the lands sought to be
selected are within a township in which there is a
mining location, claim, or entry, publication must be
made of the lands selected at the expense of the
railroad company or State for a period of sixty days,
with posting for the same period in the land office
for the district in which the lands are situated, during which period of publication the local land officers
or subdivisions of lands claimed to be more valuable
for mining than for agricultural purposes.
105. At the expiration of the period of publication
the register and receiver will forward to the Commissioner of the General Land Office the published list,
noting thereon any protests, or contests, or suggestions as to the mineral character of any such lands,
together with any information they may have received
3 to t
f the
tioned in said list, when a hearing may be ordered.
106. At the hearings under either of the aforesaid
classes, the claimants and witnesses will be thoroughly examined with regard to the character of the
land; whether the same has been thoroughly prospected; whether or not there exists within the tract
or tracts claimed any lode or vein of quartz or
other rock in place, bearing gold, silver, cinnabar, lead,
tin, or copper, or other valuable deposit which has
ever been claimed, located, recorded, or worked;
whether such work is entirely abandoned, or whether
occasionally resumed; if such lode does exist, by
whom claimed, under what designation, and in which
subdivision of the land it lies; whether any placer
mine or mines exist upon the land; if so, what is the
character thereof—whether of the shallow-surface description, or of the deep cement, blue lead, or gravel
deposits; to what extent mining is carried on when
water can be obtained, and what the facilities are for
obtaining water for mining purposes; upon what particular ten-acre subdivisions mining has been done, and
at what time the land was abandoned for mining purposes, if abandoned at all.
107. The testimony should also show the agricultural
capacities of the land, what kind of crops are raised
thereon, and the value thereof; the number of acres
actually cultivated for crops of cereals or vegetables, OF THE UNITED STATES. 169
and within which particular ten-acre subdivision such
crops are raised; also which of these subdivisions
embrace the improvements, giving in detail the extent
and value of the improvements, such as house, barn,
vineyard, orchard, fencing, etc., and mining improve-
108. The testimony should be as full and complete
as possible; and in addition to the leading points indicated above, where an attempt is made to prove the
mineral character of lands which have been entered
under the agricultural laws, it should show at what
date, if at all, valuable deposits of mineral were first
known to exist on the lands.
109. When the case comes before this office, such
decision will be made as the law and the facts may
justify; in cases where a survey is necessary to set
apart the mineral from the agricultural land, the
proper party, at his own expense, will be required to
have the work done, at his option, either by United
States deputy, county, or other local surveyor; application therefor must be made to the register and receiver, accompanied by a description of the land to be
segregated, and the evidence of service upon the opposite party of notice of his intention to have such
segregation made; the register and receiver will forward the same to this office, when the necessary instructions for the survey will be given. The survey
in such case, where the claims te be segregated are
vein or lode claims, must be executed in such manner
as will conform to the requirements in Section 2320,
United States Revised Statutes, as to length and width
and parallel end lines.
110. Such surveys when executed must be properly
sworn to by the surveyor, either before a notary public, officer of a court of record, or before the register or receiver, the deponent's character and credibility to be properly certified-to by the officer administering the oath.
111. Upon the filing of the plat and field notes of
such survey with the register and receiver, duly sworn
to as aforesaid, they will transmit the same to the
surveyor-general for his verification and approval;
who, if he finds the work correctly performed, will
properly mark out the same upon the original township plat in his office, and furnish authenticated copies
of such plat and description both to the proper local r
land is decided
racter is by no
and to a miner.
l land he must
1CC0I
dance with   the
170 MINERAL LAND LAWS
land office and to this office, to be affixed to the duplicate and triplicate township plats respectively.
112. With the copy of plat and description furnished
the local office and this office, must be a diagram tracing, verified by the surveyor-general, showing the
claim or claim segregated, and designating the separate fractional agricultural tracts in each 40-acre
legal subdivision by the proper lot number, beginning
with No. 1 in each section, and giving the area in each
lot, the same as provided in paragraph 45, in the survey of mining claims on surveyed 1:
113. The fact that a certain tr '
upon testimony to be mineral i
means equivalent to an award o
In order to secure a patent fo
proceed as in other cases, in
foregoing regulations.
Blank forms for proofs in mineral cases are not furnished by the General Land Office.
FOREST     RE-
The following is an extract from circular entitled
Rules and Regulations governing Forest Reservations,
established under Section 24 of the Act of March 3,
1891 (26 Stat. L., 1095). Approved June 30, 1897. (24 L. D.,
589-593-594.)
LOCATION AND ENTRY OF MINERAL LANDS.
19. The law provides that "any mineral lands in any
forest reservation which have been or which may be
shown to be such, and subject to entry under the
existing mining laws of the United States and the
rules and regulations applying thereto, shall continue
to be subject to such location and entry," notwithstanding the reservation. This makes mineral. lands
in the forest reserves subject to location and entry
under the general mining laws in the usual manner.
20. Owners of valid mining locations made and held
in good faith under the mining laws of the United
States and the. regulations thereunder are authorized
and permitted to fell and remove from such mining
claims any timber growing thereon, for actual mining
purposes in connection with the particular claim from OF THE UNITE
i the timber is felled c
FREE I
3 OF TIMBER AND  STONE.
21. The law provides that "The Secretary of the
Interior may permit, under regulations to be prescribed by him, the use of timber and stone found
upon such reservations, free of charge, by bona fide
settlers, miners, residents, and prospectors for minerals, for firewood, fencing, buildings, mining, prospecting, and other domestic purposes, as may be needed
by such persons for such purposes; such timber to be
used within the State or Territory, respectively, where
such reservations may be located."
This provision is limited to persons resident in forest
reservations who have not a sufficient supply of timber or stone on their own claims or lands for the purposes enumerated, or for necessary use in developing
the mineral or other natural resources of the lands
owned or occupied by them. Such persons, therefore,
are permitted to take timber and stone from public
lands in the forest reservations under the terms of the
law above quoted, strictly for their individual use on
their own claims or lands owned or occupied by them,
but not for sale or disposal, or use on other lands, or
by other persons: Provided, That where the stumpage
value exceeds one hundred dollars, application must be
made to and permission given by the Department. mm FORMS.
Blank forms for proofs in mineral cases are not
furnished by the General Land Office. See paragraph
113 of the Mining Regulations,  p. 170.
•y  verbiage   has   been   avoided   and   the
o made as to cover only material points.
(4-689.)
Denver, Colo., January 25, 1893.
UNITED STATES SURVEYOR GENERAL,
Denver, Colorado.
Sir: T. E. Jenkins et al., claimants, hereby make
application for an official survey, under the provisions
of Chapter Six, Title Thirty-two, of the Revised Statutes of the United States, and regulations and instructions thereunder, of the mining claim known as
the Cumro Placer and Poorman, Hawley, Aetna, and
Podunk lodes and the Poorman mill site, situate in
Pike's Peak Mining District, El Paso County, Colorado, in Sections 17, 19 and 20, Township No. 14 S.,
Range No. 69 W. Said claim is based upon valid locations made on various dates, 18 , and duly recorded
on various dates, 18 , and is fully described in the
duly certified copies of the record of the location certificates filed herewith. Said certificates contain the
names of the locators, the dates of location, and such
a definite description of the claim by reference to
natural objects or permanent monuments as will identify the claim, and said locations have been distinctly n the ground,  so that their
boundaries can be readily traced.
I request that you will send me an estimate of the
amount required to defray the expenses of platting and
other work in your office, required under the regulations, that I may make proper deposit therefor, and
that thereupon you will cause the survey to be made
by A. L. Hawley, United States deputy mineral surveyor, and proper action to be taken thereon by your
office, as required by the United States mining laws
and regulations thereunder.
T. E. JENKINS,
For himself and co-claimants.
P. O. address:   Denver,
Arapahoe County, Colorado.
LOCATION CERTIFICATE—LODE  CLAIM.
State of ) ss-
.County of., J
KNOW ALL  MEN  BY THESE  PRESENTS,   That
   the undersigned citizen.,  of the
United States (or, having declared   intention of
becoming  citizen..) ha., this   day of
   18....   located  and claimed,   and  by
these-presents do.... locate and claim by right of discovery and location, in compliance with the Mining
Acts of Congress, approved May 10, 1872, and all subsequent acts and with local customs, laws, and regulations,  as  well  as  with  the  laws  of  the   State  of
 linear feet and
horizontal measurement on the  	
lode, vein, ledge, or deposit, along the vein thereof,
with all its dips, angles and variations, as allowed by
law, together with   feet on each side of the
middle of said vein at the surface, so far as can be determined from present developments; and all veins,
lodes, ledges, or deposits, and surface ground within
the lines of said claim  feet running  °
 '  " from the center of the discovery shaft,
and  feet running ...' ° ' " from
the center of said discovery shaft, said discovery shaft
; situate upon said lode, vein, ledge,  or deposit,
n the OF  THE UNITED
Mining District, County of .
of 	
bounds, as follows, to wit:
: a description of the
: the locus giving ap;
fixed objects in the
189.. '
(Note—Under the laws of Oregon, which are applicable to the Territory of Alaska, this location notice
should be recorded within thirty (30) days from the
date of discovery and location, although continuous
working of the claim obviates, under these laws, the
necessity of recording said notice. The notice should
by all means be recorded as a measure of safety.
Under the Montana statutes the notice of location
must be verified by the oath of the locator or his
agent. This is not necessary, however, under the laws
of Oregon.
Should the locator desire to amend his location to
take in abandoned ground, to change the boundaries,
or to make the description more certain and perfect,
the amended location should specifically state the purpose of amendment, and that such amendment is made
without waiver of rights and privileges under the
original location, giving the date thereof.
This form, with slight modifications, can be appropriately used for a mill-site location.)
AMENDED LOCATION CERTIFICATE.
KNOW ALL  MEN   BY  THESE  PRESENTS,   That
   the  undersigned,  ha.,   this   	
.... day of  , amended, located, and 176
MINERA
) LA
claimed, and by these presents do., amend, locate, and
claim, by right of discovery and amended location, in
compliance with the mining acts of Congress, approved May 10, 1872, and all subsequent acts, and with
local customs, laws, and regulations    linear
feet and horizontal measurement, on the 	
lode, vein, ledge, or deposit, along the vein thereof,
with all its dips, angles and variations, as allowed by
law, together with    feet on each side of the
middle of said vein at the surface, so far as can be
determined from present developments, and all veins,
lodes, ledges, or deposits and surface ground within
the lines of said claim   feet running  easterly    from center of discovery   point in
tunnel and  feet running westerly
  from center of discovery   point 	
said discovery   point   being situate upon
said lode, vein, ledge, or deposit, and within the lines
of said claim in  Mining District, County of
 ,   and  State  of      described by
metes and bounds as follows, to wit:
(Here describe the claim by metes and bounds.)
This being the same lode originally located on the
    day  of     and recorded  on  the
  day of   in Book 	
Page in the office of the Recorder of	
County. This further and amended certificate of location is made without waiver of any previously acquired
rights, but for the purpose of correcting any errors
in the original location, description, or record  	
Said lode was discovered i
the  day of   I
A. D  /
Date of amended location /
Date of amended certifi- I OF  THE UNITED  STATES. 11
LOCATION   CERTIFICATE—PLACER   CLAIM.
County of f «■
KNOW ALL  MEN  BY  THESE PRESENTS,  That
   the undersigned  citizen.,  of  the
United States (or having declared  intention of
becoming .... citizen..) ha., this   day of
   18..   located  and  claimed,   and  by
these presents do  locate and claim by right of discovery and location, in compliance with the Mining
Act of Congress, approved May 10, 1872, and all subsequent acts and with local customs, laws, and regulations,  as  well   as  with   the  laws  of  the  State  of
described placer mining ground, to-wit: (If the claim
is located upon surveyed land, and embraces the subdivisions of the governmental rectangular surveys,
the description of the claim should be by legal
subdivisions if practicable.) (Here describe the
claim as accurately as possible by courses and distances, and also give approximate bearings to some
boundaries should be marked by monuments at least
at the corners)  situated in     Mining
District, County of  .., and State of
This claim shall be known as the  	
Placer Mining Claim, and it is intended to work the
same in accordance with the law and regulations applicable thereto.
LOCATION   CERTIFICATE   OF   MILL   SITE,
o all whom these presents may concern:
KNOW YE,  That I,  John Smitl and enjoyment of all and singular that tract or parcel
of land, not exceeding five acres, situate, lying and
being in the County of     , and State of -
-, bounded and described as f
Poorman Mill S
(Here describe the claim by me
Containing .... acres, m
s and bounds.)
Together with all and singular t;
and appurtenances thereto belongin
appertaining.
Witness my hand and seal this	
hereditaments
JOHN   SMITH.
LOCATION   CERTIFICATE—TUNNEL   CLAIM.
State of )
County of  J SS-
KNOW ALL MEN  BY  THESE  PRESENTS,   That
  the undersigned citizen.,  of the
United States (or having declared  intention of
becoming   citizen..) ha.,  this   day of
    18..   located   and   claimed,   and   by
these presents do locate and claim by right of location and in conformity with law, local and statutory,
especially Section 2323, U. S. Revised Statutes, a tunnel claim three thousand (3,000) feet in length from the
face at which this notice is posted, for the purpose
of discovering, exploiting and working on the line
thereof, mineral-bearing veins, lodes, or deposits.
The tunnel claim hereby located is described as follows, to-wit: (Here give the courses and distances of
boundaries as staked on the surface, marking the line
of the tunnel from the face, and also bearings to
natural objects, so as 'to definitely fix the locus) situ- OF  THE UNITED  STATES. J?
ate in   Mining District, County c
  and State of  .	
Dated    on    the    ground
  18....
(This location should be duly reoorded the same a
NOTICE OF FORFEITURE TO A CO-OWNER.
County of J     '
To	
You are hereby notified that '.	
the undersigned, ha  expended in labor or improvements upon the       Mining Claim,  as
part owner.. thereof, the sum of 	
dollars, the same being the expenditure required by
law to maintain the possessory right thereto for the
year.. 18 ; and that upon your failure to contribute within ninety (90) days from this notice your proportion of such required expenditure, all right, title,
and interest  in  and to  said       Mining
ome the property
(Note: This notice should be served personally upon
the delinquent co-owner, or by publication. See paragraph 18 of the Mining Regulations, page 129 hereof.
In case notice is given by publication, the publisher's
affidavit is a necessary part of evidence of forfeiture.)
AFFIDAVIT OF FAILURE OF CO-OWNER TO CONTRIBUTE HIS PROPORTION OF ANNUAL
ASSESSMENT   WORK.
State of    )
County of  J ss"
t for mm*
180 MINERAL LAND LAWS
18  he expended as required by Section 2324, U. S.
Rev. Stats., at least   dollars in labor
and improvements upon and for the benefit and development of the     lode  (or  placer)
mining claim,1 situate in   Mining District, County of  and State of ;
that due notice  thereof was personally served upon
 , co-owner, on the 	
day of   18   (or was duly published in
the   newspaper, as appears from the
affidavit of the publisher herewith), and said co-owner., ha  failed and refused to contribute 	
share of said annual assessment work within the time
prescribed by law,  or at all.
(Note: The notice, this affidavit, and the affidai
of the publisher, should be placed of record in t
office of the Mining or County Recorder.)
AFFIDAVIT   OF  ANNUAL   ASSESSMENT  WORK.
poses and says that there was expended upon or foi
the benefit of the   mining claim, situate in the -  Mining District, County
of   and State of  , by the
owner.,  of said  claim during the year  A.  D.  18	
at least   dollars. OF  THE UNITED  STATES.
(Note:   T
office for. recording
preservation of the
POWER OF ATTORNEY TO APPLY FOR PATENT.
KNOW ALL MEN BY .THESE PRESENTS, That
  and  do hereby constitute and appoint   our
attorney in fact, for us and in our names, to take
any and all steps that may be necessary to procure
from the Government of the United States  a patent
for the   lode mining claim (or placer),
situate in   Mining District, County of
  and State of   granting
the same to us. And, further, to do any and all acts
in the premises as we ourselves could do by our own
IN   WITNESS   WHEREOF  we   have  hereunto   set
our hands and affixed our seals the 	
day of    A. D.  18	
John Smith and Henry White, being first duly sworn
according to law, each for himself, and not one for
the other, deposes and says that on the tenth day of
April, A. D. 1896, he was present on the Blank Lode
mining claim when there was posted in a conspicuous
place upon said claim, to-wit, on the discovery shaft
house, a plat of mineral survey No. 7777, approved by
the United States Surveyor General of the State of
Colorado, together with a notice of the application of
John Smith for a United States patent for said mining claim, and that a true copy of the notice so posted
is hereto attached and made a part hereof.
■ [Two State of Colorado,
County of El Paso.
fss.
of April, A. D. 1896.
[Seal.]
iv'orn to before me this tenth
RICHARD   JONES,
Notary Publ:
(Note:   Affix copy
of posted notice to this affkU
John Smith, being first duly sworn according to law,
deposes and says: [If attorney for applicant, so state.]
That by virtue of a compliance with the terms of
Chapter six of Title thirty-two, United States Revised
Statutes, and acts supplemental thereto or amendatory
thereof, and with the laws of the State of Colorado,
and with the miners' customs and regulations of the
Cripple Creek Mining District, he is the owner of and
in the undisputed possession of the Blank Lode mining claim, bearing gold and silver,1 the same being2
mineral survey No. 7777, situate in the Cripple Creek
Mining District, County of El Paso, State of Colorado,
as is more fully shown by the abstract of title, plat
and field notes of survey and other papers filed herewith and made a part hereof.
That by such compliance with the laws, customs and
■regulations, he is entitled to a patent from the United
States for the said Blank Lode mining claim, and hereby makes application for such patent.
JOHN  SMITH. Subscribed and s
of April, A. D. 189
[Seal.]
e me this eleventh day
Notary Public.
RECEIVER'S  RECEIPT.
MINERAL APPLICATION.
Received from .
the sum of ten dollars, being the fee of five dollars
payable to the Register and five dollars payable to
the Receiver, under paragraph 9 of Section 2238, United
States Revised Statutes, for filing and acting upon
mineral application No  for a patent
the
   in Township No.
,  designated  as  Mineral AGR]
. to which a
j existing application or entry, and
  vacant land subject to such appropriation, as appears from examination of the records
of this office.
'  PUBLISHER.
State of Colorado, )
County of   f ss'
I, the undersigned, publisher of the Cripple Creek
Herald, do hereby agree to publish a notice of the
application of John Smith for a United States patent
for the Blank Lode mining claim, situate in the
Pueblo, Colorado, Land District, as such notice is required by law to be published, and to hold the said
John Smith alone responsible for the charges and expense of such publication, and do expressly agree to
t of
t of
ake no charge
or claim against the gov
e United Stat
s, its officers or agents, on
ich publication
ROBERT
AFFIDAVIT   OF   PUBLISHER.
Robert Green, being first duly sworn according to
law, deposes and says that he is the publisher of the
Cripple Creek Herald, a newspaper of general circulation, published in Cripple Creek, State of Colorado; OF T
ÏE Ul
«TED STATES.
185
that a not
ce, of w
hich
the annexed notic
e is a true
copy, of ti
ition
of John Smith fo
States pat
ank Lode mining
published
paper and
not in a supplement, from the su
teenth day
of April,  A.  D. 189
eighteenth
day of Ju
îe,  A.  D
1896
said notice being published
consecutive -v
ROBERT
GREEN.
State of Cc
lorado,
El Paso.
K
Subscribed and si
worn
to before me this
nineteenth
day of Jur
e, A. D.
1896.
[Seal.]
RICHARD
JONES,
Notary Public.
NOTICE TO BE PUBLISHED.
United States Land Office, Pueblo, Colorado.
April 11, :
Notice is hereby given that John Smith, whose post-
office address is Cripple   ~
application for a United
Lode mining claim, minerai survey no. mi, situate m
the Cripple Creek Mining District, County of El Paso,
State of Colorado, covering 395 feet of the Blank Lode
in a northerly direction from the discovery shaft, and
234.88 feet in a southerly direction therefrom, and lying
in the W. % of Sec. 32, T. 15 S., R. 69 W., and more
particularly described as follows:
Beginning at Cor.  No. 1, a pine' post in mound of
rocks, marked 1—7777, whence the W. % Cor. of Sec.
32,   T.   15   S.,   R.   69  W.,   6th  P..M.,   bears  N.   87°  13'
W., 2043.33 feet,  and running thence,
N. 16° 42' E., 629.88 feet to Cor. No. 2.   Thence,
S. 74° 47' E., 285.1 feet to Cor. 3.   Thence,
S. 16° 42' W„ 629.88 feet to Cor. No. 4.   Thence,
N. 74° 47' W., 285.1 feet to Cor. No. 1, place of beginning, -
NOTICE TO BE POSTED UPON CLAIM (WITH
f by the Register.
PROOF   OF   CONTINUOUS  POSTING  OF  NOTICE
AND PLAT UPON THE BLANK LODE
MINING  CLAIM.
John Smith, being first duly sworn according to law,
deposes and says that he is the applicant for patent
for the Blank Lode mining claim, mineral survey No.
7777, situate in the Cripple Creek Mining District, County of El Paso, and State of Colorado.
That a notice of his application for a United States
patent for said mining claim, together with a plat of
the official survey of said claim, approved by the United
States Surveyor General of Colorado, remained posted
in a conspicuous place upon said Blank Lode mining
claim from the tenth day of April, A. D. 1896, to and
including the first day of July, A. D.
State of Colorado,
County of El Paso
Subscribed and s
of July, A. D. 1896.
[Seal.]
[ITH ? THE UNITED t
mining claim, mineral s
Colorado, Land District;   t
zen of the United  States,
Subscribed a
E April, A. I
[Seal.]
JOHN SMITH.
AFFIDAVIT   OF   CITIZENSHIP   (NATURALIZED).
John Smith, being first duly sworn according to law,
deposes and says that he is the identical John Smith
who is an applicant for patent for the Blank Lode
mining claim, mineral survey No. 7777, in the Pueblo,
Colorado, Land District; that he is a naturalized citizen of the United States, born in London, England,
in the year 1860, and was naturalized before the District Court for El Paso County, State of Colorado, on
the thirtieth day of October, A. D. 1890, and is now a
resident of Cripple Creek,  Colorado.
JOHN   SMITH.
State of Colorado,      I
County of El Paso,   f
Subscribed and sworn to before me this eleventh day
of April, A. D. 1896.
[Seal.] RICHARD JONES,
SWORN   STATEMENT  OF   FEES  AND   CHARGES.
John Smith, being first duly sworn according to law,
deposes and says that he is the applicant for patent
for the Blank Lode mining claim, mineral survey No.
7777, in the Pueblo, Colorado, Land District.
That in the prosecution of said application he has
paid out in the manner below indicated the following 188 MINERAL LAND LAWS
To United States Deputy Mineral Surveyor $75.00
To credit of United States Surveyor General for
office work   35.00
Fee for filing application for patent  10.00
For publication of notice of application for patent. 20.00
Purchase price of land entered 25.00
JOHN   SMITH.
State of Colorado,       1 „„
County of El Paso.    1 ss-
Subscribed and sworn to before me this first day of
September, A.-D.  1896.
[Seal.] RICHARD  JONES,
Notary Public.
John Smith and Henry White, being first duly sworn
according to law, each for himself and not one for the
other, deposes and says that he is well acquainted with
the Blank placer mining claim, the same being—,1
having been frequently over and upon the same; that
his knowledge of the character of the land embraced
in said claim is such as to enable him to testify under-
standingly relative thereto; that there is not, to the
best of his knowledge and belief, within the limits of
said placer claim any vein, lode or ledge of mineral-
bearing rock in place.
[Two witnesses sign here.] JOHN  SMITH.
HENRY  WHITE.
State of Colorado,      I
Subscribed and sworn to before me this tenth day
of April, A. D. 1896.
RICHARD  JONES, NITED STATES.
John Smith and Henry White, being first duly sworn
according to law, each for himself and not one for the
other, deposes and  says that  he  is  well acquainted
Blank mill site, the same being mineral survey No.
7777, having been frequently over and upon the same;
that his knowledge of the character of said land is
such as to enable him to testify understandingly relative thereto ; that there is not, to the best of his knowledge and belief, within said mill site claim any vein,
lode or ledge of mineral-bearing rock in' place, nor is
there within said claim any valuable mineral deposit;
but the land covered by said mill site claim is essentially non-mineral in character.
[Two witnesses sign here.] JOHN  SMITH.
HENRY   WHITE.
State of Colorae
ADVERSE   CLAIM   AND   PROTEST.
Before  the  United  States   Land  Office  at  Pueblo,
Colorado.
Free Silver Lode vs. Blank Lode.
In the matter of the application of John Smith for a
United States patent for the Blank Lode; mining claim.
To the Honorable Register and Receiver:
Whereas, John Smith did, on the eleventh day of
April, A. D. 1896, file in the United States Land Office
at Pueblo, State of Colorado, his application for a
United States patent for the pretended Blank Lode
mining claim, mineral survey No. 7777, situate in the AL LAND LAWS
Cripple Creek Mining District, County of El Paso,
State of Colorado, and has given notice of his said
application for patent, the legal period of sixty days
of publication and posting of said notice not yet having expired:
Now, therefore, comes the Free Silver Mining Company, by William Jones, its duly authorized agent, on
this first day of June, A. D. 1896, and enters this its
protest against the allowance of mineral entry upon
said application for patent for said pretended Blank
Lode mining claim, for that, to-wit:
I. "Because the said pretended Blank Lode mining
claim, applied for as aforesaid, is not the property of
the said John Smith, nor is the applicant for patent
aforesaid entitled to h
the United States or of the g
3 and regulatii
e under the
s of Colorado, or the
of the Cripple Creek
II Because a great portion of the said pretended
Blank Lode mining claim (which portion is described
in the plat filed herewith and made a part hereof,
made and certified by a United States Deputy Mineral
Surveyor) is owned by and in the possession of your
protestant as the Free Silver Lode mining claim, as
is shown by the abstract of title to said Free Silver
Lode mining claim, filed herewith and made a part
hereof, which said ownership and possession is vested
in your protestant by virtue of a location of the said
Free Silver Lode mining claim upon the vacant, unappropriated public domain, in strict accordance and
compliance with the laws of the United States, of the
State of Colorado, and with the miners' customs and
regulations of the Cripple Creek Mining District, the
notice of which said location is recorded in the office
of the County Recorder of El Paso County, Colorado,
at page 1 of Book M of Locations, which said location
was made by Thomas Jenkins, and was conveyed by
him to your protestant.
III. Because the said pretended Blank Lode mining
claim, applied for as aforesaid, or a great portion
thereof, overlaps, conflicts with and embraces the said
Free Silver Lode mining claim of your protestant, as
is shown by the plat of survey filed herewith and made
a part hereof, made and certified by a United States
Deputy Mineral Surveyor, which plat shows the true r THE UNI
I pretended Blank Lode
relative positions of the
mining claim applied for a
Free Silver Lode mining <
Wherefore, your protestant does pray that all j
ceedings before the Land Department, looking to the
allowance of mineral entry upon said application for
patent for the said pretended Blank Lode mining claim,
or the issuance of patent for the same, be suspended
as provided by Section 2326 of the United States Revised Statutes, to the end that your protestant may
secure a determination of its adverse claim and right
in a court of competent jurisdiction, in accordance
with the statute for such cases made and provided.
And for further cause of protest against the application .for patent for said pretended Blank Lode mining claim, your protestant alleges that neither the
applicant for said Blank Lode claim nor his grantor
have ever made a legal discovery upon said claim of a
r lode c
i plac
RECEIVER'S RECEIPT.
Adv
l adve
rse Clai
. No.
Filed against >
il Application No   )
UNITED STATES LAND OFFICE,
ived  from 	 the sur
payable
Receive
MINERAL LAND LAWS
a of ten dollars, being the fee of five dollars
to the Register and Ave dollars payable to the
r,  under paragraph 9  of  Section 2238,  United
Revised Statutes,  for filing  and acting  upon
Receiver.
REGISTER'S
United States Land Office a
,18...
I hereby certify that the official plat of the 	
  lode, designated by the Surveyor General
as lot No  was filed in this  office on  the
   day of  , A. D. 18 , and
that a notice, of which the attached notice is a copy.
of the intention of   to
apply for a patent for the mining claim or premises
embraced by said plat, and described in the field notes
of survey thereof filed in said application, was posted
conspicuously in this office on the   m  day
of , A. D. 18...., and remained so posted
until the   day of   A. D. 18	
being the full period of sixty consecutive days during
the period of publication as required by law; and that
said plat remained in this office during that time, subject to examination, and that no adverse claim thereto
has been filed. APPLICATION   TO   PURCHASE.
3 Register and Receiver of United States Land
The undersigned claimant, under the provision
the Revised Statutes of the United States, Chapter
Title thirty-two, and legislation supplemental the
hereby applies to purchase that mining claim kn
gnated
lode, but express
pplication all tha
and also all that
or apex of whic
said lode 	
es and said mill s
y excepting and
t portion of the
rvey designated
excluding froi
ground embra
said excluded
the top
ground
h lies inside of
as shown by
pay therefor
price thereof
ey thereof, and hereby agrees to
  dollars, being the legal
j
ing clai
res and
for above, is
to entry by the a
said lode 	
bove-named ap-
Register.
CERTIFICAT!
: OF NO SUIT
j-ss.             In th
PENDING.
j
k of the District
  Judici
ll District of the State of  , within and for the County of'.
do hereby certify that I have made a careful
and find no suits have been brought or are now
Ing in said District Court against 	
, County of .
, except c
All of which suits have been settled by judgment or
dismissal, certified copies of which said judgments or
dismissals are hereto attached and marked Ex.  "A"
In testimony whereof I have hereunto set my hand
and the seal of said Court at 	
County and State aforesaid, this      day of
 '...,  18....,   at       o'clock
I   Clerk  of the United
States Circuit Court for the District of	
do hereby certify that I have made a careful search,
and find no suit has been commenced or is now pending and undecided in said Court at  -., wherein
  is defendant involving the title to
the   mining olaim, or either of them
in   Mining District,  	
County and State of 	
In testimony to the above I do hereunto sign my
name and affix the seal of said Court at 	
, this . - OF THE UNITED STATES.
RECEIVER'S RECEIPT.
(Duplicate to be Given the Purer.
Mineral Entry No )
Lot No  J
United States Land Office at ...
Received from     the sum of
  dollars, the same being payment in full
for the area embraced in that mining claim known as
the   in Section  .., in township
No of range No ,  meridian,
designated as lot No said lot No	
extending   feet in length along said
  vein, or lode, expressly excepting and
excluding from this sale and entry all that portion of
the ground embraced in mining claim or survey designated as lot No ;  and also all that portion
of any vein or lode the top or apex of which lies Inside of said excluded ground;   said lode 	
claim as entered embracing acres and
REGISTER'S   FINAL   CERTIFICATE   OF
, 18...
t is hereby certified that, in pursuance of the pro-
ions  of  the Revised   Statutes, . Chapter  six,  Title
rty-two, and legislation supplemental thereto	
  whose postofflce address
  on this day purchased that mining
,im known as the   in Section 	 in township No of range No	
meridian, designated as lot No said lot No.
  extending  feet in length along
said   vein or lode, expressly excepting
and excluding from said purchase all that portion of
the ground embraced in mining claim or survey designated as lot No ;   and also all that portion
of any vein or lode the top or apex of which lies inside
of said excluded ground;   said lode    claim,
as entered,  embracing    acres, and said
Min
in the County c
, in the .
  and
3 shown by the plat
l full, ;
D the
Now, therefore, be it known that upon the presentation of this certificate to the Commissioner of the General Land Office, together with the plat and field notes
of survey of said claim  and the proofs required by
law, a patent shall issue thereupon to the said 	
 , if all be found regular.
Register.
PATENT   FOR   LODE   CLAIM.
.1 Land Office Mineral Certificate
The United State
of J
, To all t
iting:
f the Re-
Whereas, in pursuance of the
vised Statutes of the United States, Chaptei
have been deposited in the General Land Office of the
United States the plat and field notes of survey and
the certificate, No  of the register of the Land
Office at   in the   of 	
 , accompanied by other evidence, whereby
it appears  that    did,  on
the   day of  , A. D. 18	
duly enter and pay for that certain mining claim or
, premises known as the  , designated by Beginning    (Here follows a description of the
claim.)
Now know ye, that there is therefore hereby granted
by the United States unto the said 	
and to   and assigns, the said mining
premises hereinbefore described, and not expressly excepted from these presents, and all that portion of the
said   vein, lode or ledge, and of all other veins,
lodes and ledges, throughout their entire depth, the
tops or apexes of which lie inside of the surface boundary lines of said granted premises in said lot No ,
extended downward vertically, although such veins,
lodes or ledges in their downward course may so far
depart from a perpendicular as to extend outside the
vertical side lines of said premises: Provided, that
the right of possession to such outside parts of said
veins, lodes or ledges shall be confined to such portions
thereof as lie between vertical planes drawn downward
through the end lines of said lot No  so continued in their own direction that such planes will
intersect such exterior parts of said veins, lodes or
ledges: And provided further, that nothing herein
contained shall authorize the grantee herein to enter
upon the surface of a claim owned or possessed by an-
To have and to hold said mining premises, together
with all the rights, privileges, immunities and appurtenances of whatever nature thereunto belonging,
unto the said grantee above named,  and to 	
  and assigns forever, subject nevertheless to
the above-mentioned and the following conditions and
stipulations:
First. That the premises hereby granted, with the
exception of the surface, may be entered by the proprietor of any other vein, lode or ledge the top or
apex of which lies outside of the boundary of said
granted premises, should the same in its dip be found
to penetrate,  intersect or extend into said premises, r
198 MINERAL LAND LAWS
for the purpose of extracting and removing the ore
from such other vein, lode or ledge.
Second. That the premises hereby granted shall be
held subject to any vested and accrued water rights for
mining, agricultural, manufacturing or other purposes,
and rights to ditches and reservoirs used in connection with such water rights as may be recognized and
acknowledged by the local laws, customs and decisions
of courts. And there is reserved from the lands hereby
granted, a right of way thereon for ditches or canals
constructed by the authority of the United States.
Third.   That in the absence of necessary legislation
by Congress, the legislature of  may provide
rules for working the mining claim or premises hereby
granted, involving easements, drainage and other
necessary means to its complete development.
y whereof, I,  President
1 States of America, have caused these
to be made patent, and the seal of the General
ffice to be hereunto affixed,
under my hand, at the city of Washington, the
  day of   in the year of our Lord one
thousand eight hundred and ninety , and of the
independence of the United  States the one hundred
of the Unit(
letters
By the President:
PATENT FOR PLACER WITH INCLUDED LODE.
General Land Office Mineral Certificate
No. .
No. ,
The United States of America, To all to whom these
Presents shall come, Greeting:
Whereas, in pursuance of the provisions of the Revised Statutes of the United States, Chapter six, Title
thirty-two, and legislation supplemental thereto, there
have been deposited in the General Land Office of the OF THE UNITED STATES. 199
United States the plat and field notes of survey, and
the certificate, No of the register of the land
office at   in the   of  , accompanied
by other evidence, whereby it appears that 	
  did, on the   day of   A. D. 18..,
duly enter and pay for that certain placer mining
claim and premises, designated by the Surveyor General as lot No , in the   Mining District,
>unty of   and   of   in the
tion  :
Beginning    [Here follows a description of the
placer claim and of the lode according to the official
survey.]
Now know ye, that there is therefore hereby granted
by the United States unto the said 	
and to   and assigns, the said mining
premises hereinbefore described, and-not expressly excepted from these presents, with all that portion of
the said   vein, lode or ledge, and of all other
veins, lodes and ledges, through their entire depth, the
tops or apexes of which lie inside of the surface boundary lines of said  lode claims in said lot No	
extended downward vertically, although such veins,
lodes or ledges in their downward course may so far
depart from a perpendicular as to extend outside the
vertical sidelines of said   lode claim:   Provided,
that the right of possession to such outside parts of
said veins, lodes or ledges shall be confined to such
portions thereof as He between vertical planes drawn
downward through the end lines of said    lode
claim, so continued in their own direction that such
planes will intersect such exterior parts of said veins,
lodes or ledges: And provided further, that nothing
herein contained shall authorize the grantee herein
to enfer upon the surface of a claim owned or pos-
To have and to hold said mining premises, together
with all the rights, privileges, immunities and appurtenances  of whatsoever  nature thereunto  belonging,
unto the said grantee above named,  and to  	
 .'... and assigns forever;   subject nevertheless to
the above-mentioned and to the following conditions
and stipulations: 200 MINERAL LAND LAWS
First.   That   the   said       lode    claim    hereby
granted, with the exception of the surface, may be
entered by the proprietor of any other vein, lode or
ledge, the top or apex of which lies outside of the
boundary of such granted premises, should the same
in its dip be found to penetrate, intersect or extend
into said premises, for the purpose of extracting and
removing the ore from such other vein, lode or ledge.
Second. That the grant of the placer mining ground
hereby made is restricted in its exterior limits to the
boundaries thereof, and to any veins or lodes of quartz
or other rock in place bearing gold, silver, cinnabar,
lead,' tin, copper, or other valuable deposits, which
may have been discovered within said limits subsequent -to and which were known to exist on the
  day of  A. D. 18....
Third. That should said vein or lode of quartz or
other rock in place bearing gold, silver, cinnabar, lead,
tin, copper, or other valuable deposits, be claimed
or known to exist within the above-described placer
mining ground at said last-named date, the same is
expressly excepted and excluded from these presents.
Fourth. That the placer mining ground hereby conveyed may be entered by the proprietor of any vein or
lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, for the purpose of extracting and removing
the ore from such vein or lode, should the same, or
any part thereof, be found to penetrate, intersect, pass
through or dip into the mining ground or premises
hereby  granted.
Sixth.   That in the absence of necessary legislation
by  Congress,   the legislature  of       may  provide
rules for working the mining claim or premises hereby
granted, involving easements, drainage, and other
necessary means to the complete development thereof.
In testimony whereof, I President
of the United £ OF THE UNITED STATES.
Land Office
Given und
made
y of ..
ght h
e of t
vol. .
patent,
and the s
the city o
in the yea
;al of the General
f Washington, the
he  Unit
By the
independene
ed   States
President
By
the Gene
the one hundred
[Seal.]
Recorded,
ral  Land  Office.
PATENT  FOR   PLACER    TAKEN   BY   MINERAL
SURVEY.
General Land Office Mineral Certificate
Whereas, in pursuance of the provisions of the Revised Statutes of the United States, Chapter six, Title
thirty-two, and legislation supplemental thereto, there
have been deposited in the General Land Office of the
United States the plat and field notes of  survey and
the certificate, No , of the register of the land
office at  , in the   of   accompanied
by other evidence,  whereby it appears that  	
  did, on the   day of   A. D. 18	
duly enter and pay for that certain placer mining claim
and premises, designated by the Surveyor General as
lot No , in the   Mining District, in the
county of   and   of   in the district
of lands subject to sale at , and bounded and described and platted as follows, with magnetic variation
Beginning       [Here  follows  description  of   the
claim.]
Now know ye, that there is therefore hereby granted
by the United States unto the said  	
and to   and assigns, the said placer
mining premises hereinbefore described. mm
MINE!
, LAND I
• have and to hold said mining premises, toge
L all the rights, privileges, immunities and
enances of whatsoever nature thereunto belong
> the said grantee above named, and  to  	
  and assigns forever;   subject nevertheles
following conditions and stipulations:
rst.   That the grant hereby made   "
 a the boundaries of the
ing premises, and t
other rock in place bearing gold, s
tin, copper, or other valuable depoi
been discovered within said limit!
which were not known to exist o
.  D.  18...
lodes
iver, cinnabar, lead,
subsequent to and
. the   day of
Second. That should any vein or lode of quartz or
other rock in place bearing gold, silver, cinnabar, lead,
tin, copper, or other valuable deposits, be claimed or
known to exist within the above-described premises at
said last-named date, the same is expressly excepted
and excluded from these presents.
Third. That the premises hereby conveyed may be
entered by the proprietor of any vein or lode of quartz
or other rock in place bearing gold, silver, cinnabar,
lead, tin, copper, or other valuable deposits, for the
purpose of extracting and removing the ore from such
vein or lode, should the same, or any part thereof, be
found to penetrate, intersect, pass through or dip into
the mining ground or premises hereby granted.
Fourth. That the premises hereby conveyed shall be
held subject to any vested and accrued water rights for
mining, agricultural, manufacturing or other purposes, and rights to ditches and reservoirs used in
connection with such water rights as may be recognized and acknowledged by the local laws, customs
and decisions of courts. And there is reserved from
the lands hereby granted a right of way thereon for
ditches or canals constructed by authority of the
United States.
Fifth.   That in the absence of necessary legislation
by  Congress,  the legislature of     may provide
rules for working the mining claim or premises hereby
granted, involving easements, drainage and other
necessary means to complete development thereof.
In testimony whereof, I , President
of the United States of America, have caused these OF THE UNITED STATES.
letters to be made patent, and the seal
Land Office to be hereunto affixed.
Given under my hand, at the city of V
independence of
and 	
By the President:
1 Land Office.
General Land Office Mineral  Certificate
The United States of America, To all to whom these
Presents shall come, Greeting:
Whereas, in pursuance of the provisions of the Revised Statutes of the United States, Chapter six, Title
thirty-two, and legislation supplemental thereto, there
has been deposited in the General Land Office of the
United States the certificate, No , of the register of the land office at  in the   of ,
accompanied  by other  evidence,   whereby  it   appears
that  did, on the  day of 	
A. D. 18...., duly enter and pay for that certain placer
mining claim and premises [here follows description of
the claim by legal subdivisions].
PATENT FOR  MILL  SITE.
General Land Office Mineral Certificate
No  No	
The United States of America, To all to whom these
Presents shall come, Greeting:
Whereas, in pursuance of the provisions of the Revised Statutes of the United States, Chapter six, Title ■ LAND  LAWS
Now know ye, that the United States of America, in
said Revised Statutes of the United States, have given
and granted, and by these presents do give and grant,
unto the said  and to 	
and assigns, the said premises above described as lot
No with the exclusive right of possession and
enjoyment of all the land included within the exterior
lines of said survey not herein expressly excepted from
these presents.
To have and to hold said mill site or premises, together with all the rights, privileges, immunities and
appurtenances of whatever nature thereunto belonging, unto the said     and to  	
   and assigns forever,  subject nevertheless to
the following conditions and stipulations:
First. That the premises hereby conveyed may be
entered by the proprietor of any vein or lode of quartz,
or other rock in place, bearing gold, silver, cinnabar,
lead, tin, copper, or other valuable deposits, for the
purpose of extracting and removing the ore from such
vein, lode or deposit, should the same or any part
thereof be found to penetrate, intersect, pass through
or dip into the premises hereby granted.
Second. That the premises hereby conveyed shall be
held subject to any vested and accrued water rights
for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in
connection with such water rights as may be recognized and acknowledged by the local laws, customs,
and decisions of courts.
Third.   That in the absence of necessary legislation
by Congress,  the  legislature  of     may provide
rules for working the mining claim or premises hereby
granted, involving easements, drainage and other
necessary means to the complete development thereof.
In testimony whereof, I  President
of the United States of America, have caused these
letters to be made patent, and the seal of the General
Land Office to be hereunto affixed.  .
Given under my hand, at the city of Washington, the
  day of  , in the year of our Lord one OF THE UNITE!
eight hundred  i
nited  States  the one hundred
By the President: 	
By  	
Secretary.
tecorder of the General Land Office.
    pages      to    ,  in-
COAL PATENT.
Bee C
No.
The United States of America, To all to whom these
Presents shall come, Greeting:
Whereas, in pursuance of the Revised Statutes of the
United States, there has been deposited in the General
Land Office of the United States the certificate of the
register of the land office at   in the    of
 , whereby it appears that  did,
on the   day of   A. D. 18  enter and
pay for the    embracing    acres of land,
more or less, as shown by the official plat of the survey
of said land returned to the General Land Office by
the Surveyor General; the same being coal entry No.
 in the  series of said office.
Now know ye, that the United States of America,
in consideration of the premises, and in conformity
with said act of Congress, have given and granted,
and by these presents do give and  grant,  unto  the
said    and to      the
said tract above described: To have and to hold the
same, together with all the rights, privileges, immunities and appurtenances of whatsoever nature thereunto belonging, unto the said     and
to   and assigns forever;   subject to
any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and rights
to ditches and reservoirs used in connection with such
water rights as may be recognized and acknowledged
by the local customs, laws and decisions of courts, and
also subject to the right of the proprietor of a vein or ide to extract and remove his ore therefrom, should
îe same be found to penetrate or intersect the prennes hereby granted, as provided by law. And there is
■served from the lands hereby granted, a right of way
îereon for ditches or canals constructed by the au-
îority of the United States.
In testimony whereof, I , President
E the United States of America, have caused these
tters to be made patent, and the seal of the General
and Office to be hereunto affixed.
Given under my hand, at the city of Washington, the
the
the United States
By the President
By
corder of the Gene
  page 	
independence of
th
» one hund
-Secretary
Re
Recorded, vol. .
ral
Land Office
AFFIDAVIT OF LOSS OF DUPLICATE RECEIPT,
r of Mineral Entry No. 777,   Land
Distr
c Lode
State of Colorado,    ) sg
County of El Paso. J
John Smith, being first duly sworn according to law,
deposes and says that he Is the identical person who,
on the  day of  , A. D. 1896, made mineral
entry No. 777, in the   land office, for the Blank
That affiant has lost the receiver's duplicate receipt
issued to him at the date of said mineral entry, and is
wholly unable to find the same, though he has made
diligent search therefor.
That affiant is the present owner of said Blank Lode
mining claim, not having sold the same since the date
of s '
s that tl
s United States patent
e delivered to him.
JOHN SMITH. INITED STATES.
Note.—If affiant claims^ as transferee of the entry-
man, the fact should be* briefly stated, showing loss
of receipt either by his grantor or by affiant, and alleging affiant to be the present owner of the claim.
MINING QUIT-CLAIM DEED.
This indenture, made the   day of   in the
year  of our Lord  one  thousand  eight  hundred and
 , between John Smith, of the County of 	
and State of party of the first part, and Henry-
White, of the County of   and State of 	
party of the second part:
Witnesseth, that the said party of the first part, for
and in consideration of the sum of   dollars, lawful money of the United States of America, to him in
hand paid by the said party of the second part, the
receipt whereof is hereby acknowledged, has granted,
bargained, sold, remised, released and forever quitclaimed, and by these presents do., grant, bargain,
sell,  remise, release and forever quit-claim unto the
said party of the second  part,  and  to      (his)
 heirs and assigns, all the following mining property, situate, lying, and being in   Mining District   County, and State of    to wit:
All interest, (or an undivided   interest) in, and
to the   mining claim, (mineral survey No. 7777,)
described as follows:
(Describe the claim by metes and bounds and with
reference  to  neighboring  claims,   prominent  objects,
Together with ail the dips, spurs, and angles, and
also all the metals, ores, gold and silver-bearing
quartz, rock and earth therein, and all the rights, privileges and franchises thereto incident, appendant and
- appurtenant, or therewith usually had and enjoyed;
and also, all and singular the tenements, hereditaments
and appurtenances thereto belonging or in anywise
appertaining, and the rents, issues and profits thereof,
and also all the estate, right, title, interest, property. MINERAL  LAND   LAWS
lession, claim and demand whatsoever, as well in
as In equity, of the said party of the first part, of,
>r to the said premises, and every part and parcel
eof, with the appurtenances:
i have and to hold all and singular the said prem-
, together with the appurtenances and privileges
'  cident,   unto  the  said  party   of  the  second
. (his) .
ty of the first part
1 the day and year
JOHN   SMITH.
reof, the said par
has hereunto set his hand and sea
first above written.
Signed, Sealed and Delivered in the presence of
*»*«<* l„
County of      J
I    in  and  for said County,  in  the  State
aforesaid, do hereby certify that John Smith, personally known to me to be the person whose name is subscribed to the annexed deed, appeared before me this
day in person, and acknowledged that he signed,
sealed, and delivered the said instrument of writing as
his free and voluntary act, for the uses and purposes
therein set forth.
Given under my hand and    seal this 	
day of  , A. D. 18....
(Note.—This deed should be recorded in the office of
the mining recorder if the land is not situated in an
State o
County
OF »OWNERSI
IE CASE OF AE
STRUCTION OF
   )
IIP
Mil
the
«N
de
the
D   POSSESSION
LOSS OR DE-
3 RECORDS.
poses and says
IN
that
min
th
....   Mining Dist
i Cou
lty aim was located (here state date of location as nearly
i practicable) and since the date of such location
is been continuously held and exclusively possessed
r claimant or his grantors, and predecessors in in-
rest; that such possession has been open, notorious,
id undisputed; that the facts relative to the location
id possession of said claim are, as far as known to
iponent, substantially as follows: (If no record was
ade of location and transfers, so state; if record was
ade, but has been lost or destroyed, state cause and
aie of such loss or destruction. If possession has at
ly time been the subject of litigation, so state, and
rnish proper evidence of termination thereof.)
rhat such possession of affiant and-his grantors has
sen maintained for the period of   years up to
e present time, which period is longer than that pre-
ribed by the Statute of Limitations of the State of
(Note.—This affidavit, should be corroborated by two
witnesses if possible, and be accompanied by any evidence, documentary or otherwise, tending to show possessory title in the claimant.)
GRUB STAKE CONTRACT.
i of agreement made this
of  ., party of the
r of the first part agrees to
ate,    for    mineral-bearing
discovered as the result of such ] 210
, LAND  LAY
locations shall be made in the joint names of the
parties to this agreement and in the names of none
others; and that he will not during the continuance
of this contract prospect on his own account nor on
the account of persons other than the parties to this
contract;   and that   he   will  report  at  least   once   in
every   to the party of the second part, stating
in full the results of such prospecting; and that he will
contract no debts in the prosecution of said prospecting on account of the party of the second part.
That said party of the second part hereby agrees to
furnish to the said party of the first part a complete
miner's outfit for use in such prospecting and to supply said party of the first part, from time to time, as
may be required, with such sums of money, provisions
or supplies, for the use of said party of the first
part, as may be necessary, and to defray all expenses
incident to the maintenance of,possession of any mining claims which may be located in pursuance of the
terms of this agreement or in the securing of patent
Witness our signatures this  day of 	
POWER OF ATTORNEY TO CONVEY.
State of   ) ss
County of    \
KNOW ALL MEN BY THESE PRESENTS, That I,
  of  have made and appointed, and do
hereby make and appoint   of my true
and lawful attorney-in-fact, for me and in my name,
place and stead to convey by quit-claim deed all my
right, title, interest, or claim in and to that certain
  mining claim known as the    mining
claim, situated in the   Mining District, County
of   and State of .
said
nwer and authority to do and perform
lings whatsoever requisite and necessar
i  the premises,  hereby ratifying all si OF THE UNITED STATES. 211
vhich my said attorney shall lawfully do by
f this power of attorney.
3s  my  hand  and  seal   this       day  of
,  A.  D.  18....
wledgment before officer
GLOSSARY OF MINING TERMS.
ADIT—A horizontal entrance into a mine.
ADVERSE—1. To oppose the issuance of patent to
a mining claim.
2. The papers filed in the land office setting forth adverse rights.
ALLIGATOR—A machine for breaking rocks, working by jaws.
ALLUVIUM—Soil deposited by the action of water.
AMALGAM—A compound  of mercury   with   some
ANTICLINAL—An upward fold of strata. The op-
i at or nearest
ARASTRA—A primitive machine for crushing rock
ARGENTIFEROUS-Carrying silver.
ASSAY—A chemical test of ore to determine the
presence or quantity of certain metals.
ASSESSMENT WORK—The work or expenditure required by law to be performed or made annually upon
or for the benefit of a mining claim to preserve a possessory title.
AURIFEROUS—Carrying gold.
BACK—Roof of an underground working, as an
adit, drift, or stope.
BAR DIGGING—Placer working on a river bar during low water or with the aid of a dam.
BARREN-Devoid of mineral, 212 MINERAL  LAND  LAWS
BATTERY—