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Entered according to Act of Congress, in the year 1874,

By A. L. BANCROFT AND COMPANY, In the Office of the Librarian of Congress, at Washington.

Limit ap. 2

1

CONTENTS.

PAOE

Witnesses and Testimony.

16

Every Person affected by a Decision should be heard..

17

Legality of Taxing Mining Claims while the Title is in the United States. 18

Assignment of Patents...

18

General Land Office cannot supervise or disregard Decisions of Courts. 19

Circular Instructions apply to all United States Mineral Lands..

19

Any Member of a Company may be Agent for all...

19

Applicants for Patent must have the Local Possessory Right..

19

Patented Ground is Subject to Entry by Adjoining Proprietors.

21

Sulphur Springs are not regarded as Saline or Minerai..

22

Applicants for Different Lodes may be made Adverse Claimants to each

other.

22

Local Laws Govern Purchase of Other Parties' Locations.

23

How an Adverse Claimant may protect his Rights.

23

Water Rights protected by Local Laws..

24

Register and Receiver's Fees for Affidavits, Certificates, and Other

Writing....

26

The Owner of a Lode may follow it to any depth, although it may enter

the Land Adjoining

27

Proceedings when Duplicate Receiver's Receipt is Lost.

30

Sections Sixteen and Thirty-six, when Mineral in Character, do not pass

to the State of Nevada..

30

Purchase Money is refunded only when a Mistake has occurred..

32

Number of Feet on a Lode that may be located and purchased in New

Mexico

32

Several Non-contiguous Tracts may be embraced in one Application for

Patent...

35

Public Lands containing Minerals cannot be Leased.

36

Application of Reed and Sanders. Adverse Claim rejected because not

fited before the Surveyor-general's Approval of Survey.

36

Placer Claims on Surveyed and Unsurveyed Land...

40

Mineral Lands cannot be Approved as State Selections.

40

Placers must be treated as on Unsurveyed Land until Township Plat is

filed, in Local Office.

41

Proceedings when an Error is discovered in Patent

41

Right of Drainage and Easement Protected...

42

Foreign Corporations cannot assert an Adverse Claim to Unpatented

Ground, A Claim cannot be taken for the Miners' Relief and Ter-

ritorial Poor Fund...

43

Lien on Mines protected and strengthened by Patent.

45

Definition of “Rock in Place."

46

Case of the New Idria Mining Company's Application for Patent for

Certain Mines in Fresno County, California

47

Local District Laws, in absence of State or Territorial Enactments, Gov-

ern Locations.

59

Cinnabar and Copper Deposits cannot be entered as Placers.

60

Disproving Mineral Character of Land for the benefit of Railroads. 60

Case of the Salt Lake Mining Company's Application for Patent for the

Flagstaff Mine, Salt Lake County, Utah

61

Legal Notice....

75

PAOL.

76

76

A Public Highway is not an Adverse Claim...

Exemplifications furnished to Interested Parties Only.

Proof as to Mineral or Non-Mineral Character of every Subdivision

required in Contests between Miners and Agriculturists..

77

After Entry is made, the Burden of Proof rests upon the Party alleging

the Mineral Character of the Land....

77

Auriferous Cement Claims are patented as Placers.

78

Uncontested Part of a Claim may be Patented..

78

Proceedings to Secure Patent for Claim previously relinquished

79

Only those showing an Interest in the Premises can Assert an Adverse

Claim

80

Adverse Claim Rejected because not properly made out.

81

A Special Clause Protecting Water Rights is inserted in all Patents is-

sued for Lands in the Mining Regions .

82

Patents Cannot be Issued conveying more than Three Thousand Feet of

a lode.

Adverse Claim Rejected because Identity of Lodes was not alleged.... 83

Patent may be Delivered to Owner of the Mine, though he may not be

the Party named in the Patent

85

Patent Recalled only when Error has been made in Name or Description 88

Rights of Persons making Entry pending contest.

88

Proceedings in case of Special Agreement between Opposing Claimants. 89

Final Survey must Cover Ground applied for..

90

Agricultural Claimants are Entitled to full Protection.

93

After Disproving Mineral Character of Land, immediate Entry thereof

may be made, if there is no Contest

94

The Rule adopted in the Flagstaf Case Applied to an Adverse Claim,

while Suit was Pending in Court

95

Case of the Julia Gold and Silver Mining Company's Application for

Patent for certain Mines in Nevada

96

The Keystone Case, involving the Right of the State of California to

School Sections which are Mineral in character.

105

When a Contested Case between Miners and Agriculturists may be re-

opened

125

An Adverse Claimant having Dismissed his Suit, cannot Delay Applica-

tion by Second Suit

126

Satisfactory Evidence of the Agricultural Character of Land.

128

Mill Site must be Non-Mineral in Character...

129

Case of Agricultural versus Mineral Claimants. Mortgages given by

Pre-emptor

130

Deputy Surveyors are not Authorized to Survey Claims Outside their

State or District..

131

Constrnction of the Tenth Section of the Act of July 26, 1866.

131

Proof of Citizenship, in case Applicant's Father was a Naturalized Citi-

134

Annual Expenditure Required on all Claims until Patent shall have Is-

sued

135

Mining Claims may be Patented when within Town Sites

135

New or Additional Evidence cannot be Submitted on Appeal to the Sec-

retary of the Interior

136

Expenses in Running a Mining Tunnel, before á Lode is 'Struck therein,

not tantamount to Expenses on the Lode

136

Diamond-Producing Lands may be Entered and Patented under the

Mining Acts

140

Definition of the Term "Claim," as used in the Mining Statutes

142

The Year during which the Annual Expenditure must be made on Lo-

cations after May 10, 1872, begins from Date of Location ....

142

Miners to Prevent Agriculturists from Entering their Mining Claims

must show Compliance with the Local Laws and Customs

143

Tunnel Rights

144

One Person may Secure Title to several Mining Claims..

145

Application allowed to Proceed because Adverse Claimant did not com-

mence Suit within thirty days..

145

Patent Issues to Assignee of Party making Entry

146

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Mill Site Passes to Railroad, if Located after Land Inured to the road. 147

Proceedings in case a Mining Claim is not within any Mining District.. 147

Amicable Arrangement between Miners and Agriculturists for Segrega-

tion of Claims suggested..

148

New Trial must be granted unconditionally to warrant further Suspen-

sion of a Case.

149

Lands adjudged Agricultural cannot be entered as Mineral, unless New

Developments or Discoveries are made thereon.

150

Relative to Hearings held to determine the Character of Land in Dis-

pute. The Party upon whom the Burden of Proof Rests..

151

Proceedings to Cancel Patent issued to the Owners of the Wyoming

Mine, Utah..

152

Request to file Caveat against issuing Patent denied

153

What is Conveyed by a Patent...

154

Wherein an Adverse Claim cannot be Amended..

156

Conflict between a Placer Mining Claim and a Townsite.

156

Eight Locators of Placer Ground may Convey to One Party, who can

Secure Patent for One Hundred and Sixty Acres...

157

Agricultural College Scrip is not Received in Payment for Mineral Lands 157

All Proof, except of Citizenship, must be made within the District where

the Land is Situated...

158

Where all but one of several Co-tenants withdraw Protest, the Courts

must decide..

158

Applications in Case of Divided and Undivided Interests in Mining

Claims

159

Adverse Claim Rejected because not Sworn to within the District where

the Land is Situated..

160

Proceedings to have Patent issue to Party who buys Mine from Appli-

cant.

162

Clause inserted in Patents issued for Claims on or near the Comstock

Lode.

162

Before Patent is issued, Agricultural Entries may be cancelled to por-

tions embracing valid Mining Claims.....

163

Affidavits taken without Notice to the Opposing Party cannot be Con-

sidered.

164

Only One Hundred Feet Square of Placer Ground can be located, if

Local Laws'allow no more.

164

Application Rejected because no Surface Ground was included.

165

How to count Sixty Days for Publication of Notice..

166

Application Rejected because within the Sutro Tunnel Grant, Nevada. 179

Papers filed in the Local Land Office must not be taken therefrom.... 181

Case of the Overman Silver Mining Company versus the Dardanelles

Mining Company, Nevada..

181

Official Letters to Registers and Receivers are United States Property.. 188

Case of the Santa Rita del Cobre Copper Mine, New Mexico..

188

Miners Claiming Adversely to Agriculturists may be Confined to Original

Locations...

191

Tunnel Locations cannot be Patented.

193

Surveyor-general's Certificate on Plats of Millsites.

193

Proceedings when Error is discovered in Survey.

193

Borax Deposits Patented as Placers..

194

Adverse Claims must be filed with the Register and Receiver of the

Proper Land Office....

194

Adverse Claim Rejected because not made out in Proper Form. 195

Adverse Claim Rejected for Non-Compliance with Local Laws.

Absence of Local District Laws.

200

Construction given to the Tenth Section of Act of May 10, 1872. 200

Width of a Lode Claim. What a Patent Conveys..

201

Adverse Claim Rejected because filed against Three Applications. 202

Adverse Claim Rejected because no Interest Shown.

202

Application Rejected on account of Insufficient Notice,

204

Locations when a Vein exceeds Fifteen Hundred Feet in Length. 207

Mining Claims in Townsites..

207

Minerals in the Indian Territory.

208

PAOL.

Minerals Discovered after Patent has Issued to Agricultural Claimant .. 208

Deposits of Fire Clay may be Patented

209

Claim Rejected because not Located in Accordance with Law. Instruc-

tions for Mining Claimants in Arizona..

209

Three hundred and twenty-seven acres of Placer Ground in One Entry 211

Courses and Distances must give way when in Conflict with Fixed Ob-

jects...

211

Mining Claim Fraudulently Entered by an Agriculturist.

212

Fraudulent Entry of Mineral Land by Agriculturists and Corporations 213

Iron Deposits must be Sold under the Mining Laws

214

Salt Springs Disposed of only by Special Acts of Congress

214

Tunnel Owners must use Diligencē. No Specified Expenditure to Re-

tain Tunnel Rights..

215

Status of Mining Claims within Alaska Territory

215

Number of feet of a Lode that could be Located in Colorado in October,
1864...

215

Adverse Claim Rejected because Suit was not Commenced in Court as

Ordered.

216

In taking Appeals, the Points of Exception must be stated

217

Adverse Claims must be Filed within the prescribed Time..

218

Comstock Lode --Bullion Mining Company v. 420 Mining Company.

219

The Non-Mineral Affidavit may be Sworn to by an Agent when the Prin-

cipal is not acqnainted with the Land

222

Applicants for Patents for Placer Land must present Proof that no

known Veins exist therein...

222

Certificates of Incorporation should be Filed with the Application of an

Incorporated Company. The several Papers to be made out in the

Names of the different Members of an Unincorporated Association 223

Surveys should Show the Exterior Boundaries of Claims, and embrace

only the amount of Surface Ground allowed by Local Laws.. 223

Record. Evidence cannot be Disregarded in Proving the Date of Loca-

tion of a Claim..

224

Proof required that Relocations are made in accordance with Legislative

or District Laws..

225

Lode Claim within a Placer Claim entered by another Party.

226

Railroad called upon to Relinquish Mineral Land inadvertently Patented 227

Cancellation of Entry made while Suit was Pending in Court.

228

Placer Claims embracing Five-Acre Lots must be Surveyed

229

After a Hearing and Entry by Agricultural Claimant, à Case cannot be

Re-opened on account of Minerals in the Land

229

The First Applicant receive Patent for Conflicting Ground when Second

Application is made after Expiration of Publication of Notice.. 230

Proceedings when Suit has been decided in favor of Applicant for Patent 232

Copies of Deeds, or an Abstract of Title and Copy of Location to be

Filed with an Adverse Claim ...

232

Proceedings when the Affidavits of Parties who Posted Notice and Dia-

gram cannot be obtained ..

233

Homestead Entries may be Cancelled any time before Patents issue, if

Valuable Mineral Deposits are shown to have been included.. 233

application for Patent Rejected because Notice was published in One

Paper Seven Weeks, and in Another Paper Two Weeks..

234

Size of Iron Ore Claims regulated by Local Laws, if Located Prior to

May 10, 1872...

235

Certificate of Improvements in case Placer Claims embrace Legal Sub-

divisions....

235

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