Sidebilder
PDF
ePub

are in the nature of a contest between two or more known parties and are provided for in the rules of practice.

111. 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.

112. 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.

113. 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.

114. When the case comes before this office, such decision will be made as the law and the facts may justify; and in cases where a survey is necessary to set apart the mineral from the agricultural land, the necessary instructions will be given to enable the proper party at his own expense to have the work done, at his option, either by the United States deputy, county, or other local surveyor; 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, U. S. Revised Statutes, as to length and width and parallel end lines.

115. 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 oflicer administering the oath.

116. Upon the filing of the plat and field-notes of such survey, duly sworn to as aforesaid, you 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.

117. 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.

118. 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. A miner is compelled by law to give sixty days' publication of notice, and posting of diagrams and notices, as a preliminary step; and then, before he can enter the land, he must show that the land yields mineral; that he is entitled to the possessory right thereto in virtue of compliance with local customs or rules of miners, or by virtue of the statute of limitations; that he or his grantors have expended, in actual labor and improvements, an amount of not less than five hundred dollars thereon, and that the claim is one in regard to which there is no controversy or opposing claim. After all of these proofs are met, he is entitled to have a survey made at his own cost where a survey is required, after which he can enter and pay for the land embraced by his claim.

119. Blank forms for proofs in mineral cases are not furnished by the General Land Office.

ADDENDA.

THE text of the following recent statutes did not reach the authors until the first pages of this work had been electrotyped.

The California Act of March 27, 1897, c. 159, p. 216, prescribes with great particularity the manner of locating mining claims in that State, and should be consulted in reference to every point in connection therewith. Reference to this act should be added to pp. 216 n. 1, 223 n. 1, 228 n. 1, 235 n. 1, 239 n. 1, 243 n. 1, 244 n. 1, 250 n. 1.

Idaho, Act March 2, 1897, p. 12, should be added to pp. 216 n. 1, 223 n. 1, 228 n. 1, 235 n. 1, 243 n. 1, 250 n. 1.

Kansas, Act March 13, 1897, c. 159, p. 339, should be added to p. 780 n. 1. New Mexico, Act March 18, 1897, c. 58, p. 124, should be added to pp. 223 n. 1, 228 n. 1, 236 n. 1, 267 n. 1, 282 n. 1.

New York, Laws 1897, c. 415, secs. 120-129, pp. 487-489, should be added to pp. 719 n. 3, 780 n. 1.

Pennsylvania, Act July 15, 1897, P. L. 286, should be added to p. 766 n. 3. Washington, Act March 16, 1897, c. 83, p. 221, should be added to pp. 228 n. 4, 236 n. 1.

Washington, Act March 17, 1897, c. 102, p. 293, should be added to p. 194 n. 2.

INDEX.

ABANDONMENT,

of application for patent, 358.
of lease, 170-177.

distinguished from forfeiture, 170.
distinguished from surrender, 170.
of oil or gas lands, 75, 112, 171, 174.

relation of Statute of Limitations to, 174, 176.

works a forfeiture, when, 155–158, 168.

of license, 74, 171, 172, 177.

of mining claim, 295, 300, 303, 304, 312, 323, 339, 342, 344.
distinguished from forfeiture, 300, 303.

relocation upon. See RELOCATION.

of tunnel claim, 494, 496, 499, 503.

of water and water rights, 639, 645, 653, 656, 669–671.

ABSTRACT OF TITLE, 358, 361-363.

ACCIDENTS IN MINES, 781.

ACCOUNT, BILL FOR,

against co-tenant, 19, 26-29, 744-747, 764.
against partner, 752, 754-756, 764.

against tenant for life, 12.

for minerals wrongfully taken, 690, 703.

by lessee, 130, 133, 134.

by lessor, 152.

for royalties, 118.

ACQUIESCENCE IN BREACH OF COVENANT, 149, 150, 159, 166, 170.

ACT OF GOD, 614, 628.

ACTION,

for possession of mining claim, 331-338.

to quiet possession of mining claim, 331-338.

on adverse claim, 382-414.

allegations and proofs in, 205, 206, 385, 386, 389, 391, 393, 394-400,
407.

diligence required in, 387, 400, 405.

does not suspend obligation to do annual work, 278.

form of, 384, 385, 389, 393, 395, 398, 400.

jurisdiction of, 384, 389, 392, 400, 405.

Statute of Limitations in, 572.

ACTION- continued.

stay of Land Office proceedings by, 386, 387, 390, 405-407, 409-411,

414.

verdict and judgment in, 386, 387, 389, 390, 393, 395, 397, 401, 404,
409, 412, 414.

when must be brought, 384, 390, 392, 399, 403, 404, 407, 414.
ADDITIONAL CERTIFICATE OF LOCATION, 251-253.
ADJOINING MINES,

deposit of refuse from, 607, 612.

right of way to, 47, 145, 584-590.

right to discharge water into, 630–636.

right to use surface to remove minerals from, 578-583.

ADJOINING OWNERS,

joint drainage by, 632.

ADMINISTRATOR,

has no title to mining claim, 328, 396.

ADVERSE CLAIM, 382-414. See ACTION ON ADVERSE CLAIM.

action of Land Office after judgment on, 388, 390, 393, 402, 409, 410,

412, 414.

form of, 383, 384, 399, 400, 402-404, 406, 407, 413.

sufficiency of, 384, 385, 394, 399, 400, 403.

waiver of, 387, 390, 396, 402-404, 406, 408, 409, 411, 416.

when must be filed, 383, 396, 404, 405-408, 411, 412, 414.

who must file, 382, 383, 391-394, 397, 398, 400, 402, 406, 409, 473-475,
484, 491, 492, 496, 502, 503, 507, 521, 522, 665.

ADVERSE POSSESSION,

of mines, 568-575.

of water rights, 667-669.

AFFIDAVITS,

in coal land proceedings, 553.

in Land Office proceedings, 370.

of performance of annual work, 267, 271, 274, 277, 278.

to adverse claim, 403, 407, 411.

to location certificate, 250, 251.

AGATE, lxxxii.

AGENT,

application for patent by, 359, 360, 375.
entry of coal lands by, 550, 553, 558, 560.
fraud by, 706, 715.

location by, 208-213, 314, 339, 340, 344.

of foreign corporation, entry by, 203, 208.
AGREEMENT. See PROSPECTING AGREEMENT.

for sale of mines, 42, 43, 59, 63, 171.

for sale of mining claim, 240, 243.

to locate for another, 209, 210.

AGRICULTURAL,

claimants need not file adverse claim, 414.

grants, 540-545.

hearings as to whether land is, 376–382.

land, when patented not subject to apex rule, 443, 455, 541, 542.

« ForrigeFortsett »