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. Very respectfully, 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 surface 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 mill site, the application and published notice should clearly state whether the applicant seeks patent for the surface ground in conflict with such other survey. As an instance: where the papers fail to disclose the amount of surface ground for which patent is desired, your attention is called to entry eight hundred and fifty-two, lot one hundred and thirty-four, which lot conflicts with lot eighty-three, B. As instances where lots, gardens, and roads have been erroneously excluded from the areas paid for, by the respective claimants, your attention is called to entry seven hundred and twenty-eight, lot three hundred and forty-seven; entry nine hundred and two, lot four hundred and forty-one; and entry nine hundred and seventeen, lot four hundred and seventy-eight. You will be pleased to inform all parties in interest, and acknowledge receipt hereof. Very respectfully, your obedient servant, J. A. WILLIAMSON, Commissioner. CHAPTER V. ADVERSE CLAIMS. No. 1. Act of 1866. Adverse claimant not excused for failure to file his adverse claim during the period of publication. No. 2. No. 3. No. 4. No. 5. No. 6. a. Suit must be commenced by adverse claimant. b. Law does not require application for patent to be sworn to. c. When local law allows surface of lode. a. Act of 1866. Both applicant and claimant bound by published notice. b. Location notice not held to technical accuracy. c. Objection that publication was not regular must be raised before patent issues. d. Action upon judgment roll. a. Act of 1866. Register to publish notice of application. b. Survey should substantially follow application. c. Adverse claims to be filed during period of publication. a. Act of 1866. Rule that adverse claim should be filed during period of publication fully settled. b. Interested parties may appear at any time before issue of patent and call attention to record. a. Act of 1866. Office of protest. b. Basis of patent. c. What patent conveys. d. Application pending on May 10, 1872. No. 7. Act of 1870. No suspension of case npon second suit, commenced No. 8. after thirty days. Act of 1866. Second suit commenced after thirty days. a. Act of 1866. Adverse claim can not be filed by party having no interest. b. Must file abstract of title. No. 10. Act of 1866. No adverse claim for surface ground, where same No. 11. No. 13. No. 14. No. 15. vein or lode is not claimed. Adverse claimant not required to establish compliance with law. a. What constitutes an adverse claim. b. Proceedings to set aside a patent wrongfully issued. Adverse claim can not be amended to include larger tract. a. Proof of continuous posting. b. Adverse claim, by stipulation with applicant filed after expiration of publication, not allowed. No. 16. Judgment of a court, rendered in a suit commenced thirteen months after publication, not taken cognizance of by the land-office. No. 17. a. Adverse claim considered to have been filed within the meaning of the law on the day it was refiled. b. Proof of publication. |