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 particu lar 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, 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 improvements. 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 to 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 survey 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 surveyorgeneral 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 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 claims 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 lands. 113. The fact that a certain tract of land is decided upon testimony to be mineral in character is by no means equivalent to an award of the land to a miner. In order to secure a patent for such land he must proceed as in other cases, in accordance with the foregoing regulations. Blank forms for proofs in mineral cases are not furnished by the General Land Office. MINERAL ENTRIES WITHIN FOREST RESERVES. 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., 589593–594.) 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 which the timber is felled or removed. (For further use of timber by miners see below, under heading "Free use of timber and stone.") FREE USE 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. Approved December 15, 1897. BINGER HERMANN, Commissioner. C. N. BLISS, INDEX. Abandonment. See Residence. Accounts. See Fees. Adverse Claim. See Mining Claim. Affidavit. See Application; Contest; Evidence. Alaska. See Right of Way. Page Regulations of June 3, 1891, with respect to appeal from townsite trustee, amended.. 323 The mere occupancy of Alaskan lands, for 212 212 All lands owned by the Greco-Russian 481 The sale of land after the submission of Amendment. See Entry. Appeal. See Practice. Application. Circular instructions of March 25, 1897, To enter land reserved for the benefit of 475 471 95 597 No right is secured by, to make entry that To amend an entry, suspended on account TIMBER CULTURE. To make timber culture entry of land Arid Lands. 394 432 108 337 448 3 Where a deserted wife has submitted final A writ of, may properly issue to the local An application for a writ of, directed to An application for a writ of, on the ground 76 466 be denied, in the absence of any specific An applicant for the writ of, who alleges A writ of, will not issue where it does not Circulars and Instructions. See Naturalization. SECTION 7, ACT OF MARCH 3, 1891. 345 345 466 A contest against a pre-emption entry, as See Contestant. GENERALLY. The corroboration of an affidavit of, is for A general charge that an entry is not A decision of the Department, denying a 380 506 |