« ForrigeFortsett »
tial post, board or monument, at the pended by themselves and their preface or point of commencement there- decessors in interest in prosecuting of, upon which should be posted a good work thereon; the extent of the work and sufficient notice, giving the names performed, and that it is bona fide their of the parties or company claiming intention to prosecute work on the the tunnel right; the actual or pro- tunnel so located and described with posed course or direction of the tun- reasonable diligence for the developnel; the height and width thereof, and ment of a vein or lode, or for the disthe course and distance from such face covery of mines, or both, as the case or point of commencement to some may be. permanent well known objects in the vicinity by which to fix and determine
the locus in manner heretofore set
23. At the time of posting notice and marking the lines of the tunnel, as aforesaid, a full and correct copy of such notice of location defining the tunnel claim must be filed for record with the mining recorder of the district, to which notice must be attached the sworn statement or declaration of the owners, claimants, or projectors of such tunnel, setting forth the facts in the case; stating the amount ex
24. This notice of location must be
duly recorded, and, with the said sworn statement attached, kept on the recorder's files for future reference.
forth applicable to locations of veins or lodes, and at the time of posting such notice they shall, in order that miners or prospectors may be enabled to determine whether or not they are within the lines of the tunnel, establish the boundary lines thereof by stakes or monuments placed along such lines at proper intervals, to the terminus of three thousand feet from the face or point of commencement of the tunnel, and the lines so marked will define and govern as to the specific boundaries within which prospecting for lodes not previously known to exist is prohibited while work on the tunnel is being prosecuted with reas-nels to the detriment of the mining onable diligence.
26. This office will take particular care that no improper advantage is taken of this provision of law by parties making or professing to make tunnel locations, ostensibly for the purpose named in the statute, but really for the purpose of monopolizing the land lying in front of their tun
25. By a compliance with the foregoing much needless difficulty will be avoided, and the way for the adjustment of legal rights acquired in virtue. of said fourth section of the act will be made much more easy and certain.
interests and to the exclusion of bona fide prospectors or miners; but will hold such tunnel claimants to a strict compliance with the terms of the act; and as reasonable diligence on their part in prosecuting the work is one of the essential conditions of their implied contract, negligence or want of due diligence will be construed as working a forfeiture of their right to all undiscovered veins on the line of such tunnel.
The only route to San Juan is via Kansas Pacific Railway.
MANNER OF PROCEEDING TO OBTAIN GOV- 30. After posting the said plat and ERNMENT TITLE TO VEIN OR LODE notice upon the premises, the claimant will file with the proper register and receiver, a copy of such plat, and the 27. By the sixth section of said act, field notes of survey of the claim, acauthority is given for granting title companied by the affidavit of at least for mines by patent from the govern-two credible witnesses, that such plat ment, to any person, association, or and notice are posted conspicuously corporation having the necessary qual-upon the claim, giving the date and ifications as to citizenship, and holding place of such posting; a copy of the the right of possession to a claim in notice so posted to be attached to and compliance with law. form a part of said affidavit.
28. The claimant is required in the 31. Attached to the field notes So first place to have a correct survey of filed, must be the sworn statement of his claim made under authority of the the claimant that he has the possessurveyor general of the State or Ter-sory right to the premises therein deritory in which the claim lies; such scribed, in virtue of a compliance, by survey to show with accuracy the ex- himself, (and by his grantors, if he terior surface boundaries of the claim, claims by purchase,) with the mining. which boundaries are required to be rules, regulations, and customs, of the distinctly marked by monuments on mining district, State, or Territory, in the ground. which the claim lies, and with the mining laws of Congress; such sworn statement to narrate briefly, but as clearly as possible, the facts constituting such compliance, the origin of his possession, and the basis of his claim to a patent.
32. This affidavit should be supported by appropriate evidence from the mining recorder's office, as to his possessory right, as follows, viz: Where he claims to be a locator, a full, true, and correct copy of such location should be furnished, as the same. appears upon the mining records; such copy to be attested by the seal of the recorder, or, if he has no seal, then he should make oath to the same being correct, as shown by his records; where the applicant claims as a locator, in company with others, who have
29. The claimant is then required to post a copy of the plat of such survey in a conspicuous place upon the claim, together with the notice of his intention to apply for a patent therefor, which notice will give the date of posting, the name of the claimant, the name of the claim, mine, or lode, the mining district or county; whether the location is of record, and if so, where the record may be found; the number of feet claimed along the vein, | and the presumed direction thereof; the number of feet claimed on the lode in each direction from the point of discovery, or other well defined place on the claim, the name or names of adjoining claimants on the same or other lodes, or if none adjoin, the names of the nearest claims, etc. BEVERLEY R. KEIM, General Passenger Agent of the Kansas Pacific Railway can tell you all about routes into San Juan.
since conveyed their interests in the lode to him, a copy of the original record of location should be filed, to gether with an abstract of title from the proper recorder, under seal or oath as aforesaid, tracing the co-locator's possessory rights in the claim, to such applicant for patent; where the applicant claims only as a purchaser for valuable consideration, a copy of the location record must be filed, under seal or upon oath as aforesaid, with an abstract of title certified as above, by the proper recorder, tracing the right of possession by a continuous chain of conveyances, from the original locators to the applicant.
33. In the event of the mining re-dollars' worth of labor has been excords in any case having been de- pended or improvements made upon stroyed by fire, or otherwise lost, the claim by the applicant or his granaffidavit of the fact should be made, tors; that the plat filed by the claimand secondary evidence of posses- ant is correct; that the field notes of sory title will be received, which the survey, as filed, furnish such an may consist of the of the affidavit affidavit of accurate description of the claim, as the claimant, supported by those will, if incorporated into a patent, of any other parties cognizant of serve to fully identify the premises,
and that such reference is made therein to natural objects or permanent monuments as will perpetuate and fix the locus thereof
the facts relative to his location, occupancy, possession, improvements, etc.; and in such case of lost records, any deeds, certificates of location or purchase, or other evidence which may be in the claimant's possession, and tend to establish his claim, should be filed.
35. The notices so published and posted must be as full and complete as possible, and embrace all the data given in the notice posted upon the claim.
34. Upon the receipt of these papers the register will, at the expense of the claimant, publish a notice of such application for the period of sixty days, in a newspaper published nearest to the claim, and will post a copy of such notice in his office for the same period.
36. Too much care cannot be exercised in the preparation of these notices, inasmuch as upon their accuracy and completeness will depend, in a great measure, the regularity and validity of the whole proceeding.
37. The claimant, either at the time of filing these papers with the register, or at any time during the sixty days' publication, is required to file a certificate of the surveyor general that not less than five hundred
38. It will be the more convenient way to have this certificate endorsed by the surveyor general, both upon the plat and field notes of the survey filed by the claimant as aforesaid.
39. After the period of sixty days' of newspaper publication has expired, the claimant will file his affidavit, showing that the plat and notice aforesaid remained conspicuously posted upon the claim sought to be patented, during said sixty days' publication. Address BEVERLEY R. KEIM, General Passenger Agent Kansas Pacifie Railway, and learn of the great resources of the San Junn country.
40. Upon the filing of this affidavit the nearest public corner of the Unithe register will, if no adverse claim ted States surveys, unless such claim was filed in his office during the period | be on unsurveyed lands at a remote of publication, permit the claimant to distance from such public corner; in pay for the land according to the area which latter case the reference by given in the plat and field notes of course and distance to permanent obsurvey aforesaid, at the rate of five jects in the neighborhood will be a dollars for each acre and five dollars sufficient designation by which to fix for each fractional part of an acre, the the locus until the public surveys shall receiver issuing the usual duplicate have been closed upon its boundaries. receipt therefor; after which, the whole matter will be forwarded to the commissioner of the general land office and a patent issued thereon, if found regular.
41. In sending up the papers in the case, the register must not omit certifying to the fact that the notice was posted in his office for the full period of sixty days, such certificate to state distinctly when such posting was done and how long continued.
42. The consecutive series of numbers of mineral entries must be continued, whether the same are of lode or placer claims.
44. The seventh section of the act
provides for adverse claims; fixes the time within which they shall be filed to have legal effect, and prescribes the manner of their adjustment.
45. Said section requires that the adverse claim shall be filed during the period of publication of notice; that it must be on the oath of the adverse claimant; and that it must show the nature, the boundaries, and the extent of the adverse claim.
46. In order that this section of law may be properly carried into ef fect, the following is communicated for the information of all concerned :
43. The surveyor general must continue to designate all surveyed mineral claims, as heretofore, by a progressive series of numbers, beginning with lot No. 37 in each township; the claim to be so designated at date of filing the plat, field notes, etc., in addition to the local designation of the claim; it being required in all cases that the plat and field notes of the survey of a claim must, in addition to the reference to permanent objects in the neighborhood, describe the locus of the claim with reference to the lines of public surveys, by a line connecting a corner of the claim with
48. The adverse notice must be duly sworn to before an officer authorized to administer oaths within the land-district, or before the register or receiver; it will fully set forth the nature and extent of the interference or conflict; whether the adverse party
The Kansas Pacific Railway gives this book free-it is invaluable to the miner.
47. An adverse mining claim must be filed with the register of the same land office with whom the application for patent was filed, or, in his absence, with the receiver, and within the sixty days' period of newspaper publication of notice.
claims as a purchaser for a valuable claim has been filed, informing them that the party who filed the adverse claim will be required within thirty days from the date of such filing, to commence proceedings in a court of competent jurisdiction, to determine the question of right of possession, and to prosecute the same with reasonable diligence to final judgment, and that should such adverse claimant fail to do so, his adverse claim will be considered waived, and the application for the patent be allowed to proceed upon its merits.
consideration or as a locator; if the former, the original conveyance, or a duly certified copy thereof, should be furnished, or if the transaction was a mere verbal one he will narrate the circumstances attending the purchase, the date thereof and the amount paid, which facts should be supported by the affidavit of one or more witnesses, if any were present at the time, and if he claims as a locator, he must file a duly certified copy of the location, from the office of the proper recorder.
49. In order that the "boundaries” and extent of the claim may be shown, it will be incumbent upon the adverse claimant to file a plat showing his claim and its relative situation and position with the one against which he claims, so that the extent of the conflict may be the better understood. This plan must be made from an actual survey by a United States deputy surveyor, who will officially certify thereon to its correctness; and in addition there must be attached to such plat of survey a certificate or sworn statement by the surveyor as to the approximate value of the labor performed or improvements made upon the claim of the adverse party, and the plat must indicate the position of any shafts, tunnels, or other improvements, if any such exist, upon the claim of the party opposing the application.
51. When an adverse claim is filed as aforesaid, the register or receiver will indorse upon the same the precise date of filing, and preserve a record of the date of notifications issued thereon; and thereafter all proceedings on the application for patent will be suspended, with the exception of the completion of the publication and posting of notices and plat, and the filing of the necessary proof thereof, until the controversy shall have been adjudicated in court, or the adverse claim waived or withdrawn.
52. The proceedings after rendition of judgment by the court in such case are so clearly defined by the act itself as to render it unnecessary to enlarge thereon in this place.
53. The tenth section of the act under consideration provides "that the 50. Upon the foregoing being filed act entitled 'An act to amend an act within the sixty days as aforesaid, the granting the right of way to ditch and register, or in his absence the receiv- canal owners over the public lands, er, will give notice in writing to both and for other purposes,' approved July parties to the contest that such adverse 9, 1870, shall be and remain in full The information this pamphlet contains is worth more than a ticket over any other route.