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1866, which were not perfected until after the repeal of said act, are to be protected, it is also true that the question, as to whether such rights exist, is always one of fact, and must be affirmatively shown.
In view of the facts above stated, I think the register properly refused the certificate requested. Had such certificate been given, the approval of the surveys would have followed as a matter of course, an entry would have been made, and the parties who now allege an abandonment of all rights and claims to the tracts upon which their relocations have been made could have been considered as protestants only—not parties in interest. Whether such an abandonment had taken place before the relocations were made, I shall not now undertake to determine. On the one hand it is alleged, and on the other denied, and an issue of fact is thus presented which can only be determined upon testimony hereafter to be taken, relevant thereto,
In view of the fact that patents have issued for a large portion of the tracts claimed, no further action in relation to such patented premises should be taken by the Surveyorgeneral, nor by any officer of the land department, until said patents have been declared null and void by a court of competent jurisdiction; neither should any steps be taken which will prevent a full inquiry into all of the facts in relation to the locations, improvements, and continued occupation of the unpatented portion of said claims. For the purpose of determining the rights of the claimants to such portions of the claims as are unpatented, a hearing before the local officers should be ordered, after due notice to all persons in interest, at which testimony may be admitted to establish the rights of the first claimants thereto, and of the second claimants to establish their rights of relocations thereon.
If it should be made to appear that the claims located under the act of 1866 had been abandoned, and the tracts therein included thereby rendered subject to relocation, the application of the relocators should be allowed, unless adverse claims shall be filed during the period of publication, and suits commenced as required by law, in which case all proceedings before your office should be stayed until the question of title shall finally be determined by the court. On the other hand, if it be slown that said claims had not been abandoned prior to such relocation, then the applications, under the act of 1872, must be rejected.
In such investigation, inquiry may be made into all matters of alleged irregularity, informality, and fraud, in connection with the applications under the act of 1866. I do not deem it my duty, at this time, to pass upon the validity of any of the papers transmitted, further than to state that some of them appear to be irregular, and to require a satisfactory explanation. Inasmuch as some of the papers transmitted, upon which the investigation must be made, are alleged to be forgeries, I am of the opinion that all of said original papers should be retained in your office. Should copies of these papers be required at the hearing before the local officers, they should be prepared, and transmitted to the register and receiver, without unnecessary delay.
The papers transmitted with your letter of the twelfth ultimo, and other papers since received in said cases, are lierewith returned.
C. SCHURZ, Secretary. Commissioner of the General Land Ofice.
No. 17. Instructions to Deputy Mineral Surveyors in States where the Commissioner of the General Land Office is ex officio Surveyor-general.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON, D. C., April 8, 1880. Henry Motz, Esq., Huntsville, Alabama.
SIR: The bond filed by you as United States Deputy Mineral Surveyor for Alabama was received unaccompanied by any letter of transmission, and was inadvertently misplaced and overlooked until receipt of your letter of the third instant. Said bond is satisfactory, and you are hereby appointed Deputy Mineral Surveyor as aforesaid.
In the discharge of your duties under this appointment, you will be governed by the instructions herein, and by the circular instructions from this office.
No official survey will be made, except upon application of a claimant, or his duly authorized agent.
dlust make arrangements with claimant for payment of services.
The claimant must in all cases make satisfactory arrangements with the United States Deputy Mineral Surveyor for payment for his services and those of his assistants in making the survey, and the United States will not be held responsible for the payment of any portion of the same. Initial point of survey.
In making a survey of a mineral claim you will begin at some corner of the public surveys, and run a line by surface measurement, when possible, to a corner of the claim, designating the corner as “Corner No. 1, beginning.”
Should the nature of the country make it impossible to run said line by surface measurement, it may be established by traverse or by triangulation. Courses.
From corner No. 1, you will proceed with the survey of the claim, giving courses and distances of the exterior boundaries, establishing a corner at each angle of the survey, and marking every intersection of the boundary lines with the United States surveys and with conflicting claims. Corners.
You will describe the corners fully, stating whether a post or stone, the size, depth in the ground, and how marked. Marks.
The corner monuments will be marked No. 1, No. 2, etc., as you proceed with the survey; also with the number of
You will note all objects crossed by your lines of survey, such as prior surveys, lodes, ditches, ravines, or lines of public surveys. You will note all shafts and their depths, all adits, cuts, drifts, shaft-houses, mills, etc., and represent the respective locations of the same upon the plats.
The mining act approved May 10, 1872 (section 2324, United States Revised Statutes), requires that in all mining locations subsequent to May 10, 1872, "the location must be distinctly marked on the ground, so that its boundaries can be readily traced.” In your field-notes, therefore, you will note and describe the monuments which mark the location.
After describing fully the improvements on the claim you will give your opinion in regard to the actual value thereof.
You will give the names of adjoining claimants, if any, and state the quarter section, township, and range in which the claim is situated.
On the plats the section lines will be represented in black ink; the quarter section lines in red.
The field-notes will be made on paper of uniform size. Plats.
The plats will be prepared upon paper twelve by sixteen inches in size inside the marginal line, allowing outside of such line a margin for binding.
In each case four (4) plats and one (1) copy of the original field-notes will be transmitted to this office for approval.
When the same shall have been examined and approved, the original field-notes will be retained in this office, one copy of the plat will be transmitted to the Register of the proper land district, to be retained on his files for future reference, and two plats and one copy of the field-notes will be returned to you to be handed the applicant, to be disposed of as follows:
1. One copy of the plat to be posted on the claim.
2. One plat and the copy of field-notes to be filed by the applicant with the Register and Receiver, with his application for patent.
Accompanying the plat and field-notes transmitted by you to this office for approval, you will forward the affidavits of at least two responsible parties that an amount of not less than five hundred dollars ($500) has been expended upon the claim in actual labor and improvements. The nature and extent of the improvements should be specified.
Great care should be exercised to have the corners and distances expressed in the field-notes correspond with those represented upon the plat.
Your attention is directed to circular instructions, herewith inclosed, dated November 20, 1873, November 13,
1877, and September 13, 1878; also circular of April 1, 1879, containing the United States mining laws, and regulations thereunder. Survey of coal claims unnecessary.
Coal lands are subject to sale only by legal subdivisions, and no survey of such claims is to be made in the manner provided for lode claims; also placer claims are when possible to be located by legal subdivisions. Please acknowledge receipt hereof.
J. A. WILLIAMSON, Commissioner.
No. 18. SURFACE GROUND TO BE INCLUDED IN ENTRY. 1. Exclusion may be made of portion within exterior boundaries of survey of claim, included in prior survey of another claim. 2. No exclusion for streets, gardens, etc.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON, D. C., January 26, 1878. Register and Receiver, Central City, Colorado.
GENTLEMEN: The papers in some instances coming up from your office, in the matter of applications for patents under the mining act, fail to disclose the amount of surfuce ground for which patent is sought.
This is particularly true where the survey of the claim for which a patent is sought conflicts with a prior survey, a town lot, or the claim of another party. Application for all or a portion of surface within exterior
boundaries. In each case the application and the published notices should state whether the applicant desires patent for the entire surface ground embraced within the exterior boundaries of his survey. In case a survey conflicts with a town lot, garden, or road only, the applicant should be required to make payment for the entire area embraced by the exterior boundaries of his survey.
If, however, a survey conflicts with another survey made for a mining claim, viz., for a lode claim, a placer claim, or a miil site, the application and published notice should clearly state whether the applicant seeks patent for the surface ground in conflict with such other survey.