« ForrigeFortsett »
force, except as to the proceedings to to legal subdivisions, is repealed by obtain a patent, which shall be similar the present statute with regard to to the proceedings prescribed by sec- claims heretofore located, but that tion six and seven of this act for ob- where such claims are located previtaining patents for vein or lode claims, ous to the survey and do not conform but where said placer claims shall be to legal subdivisions, survey, plat, and upon surveyed lands and conform to entry thereof may be made according legal subdivisions, no further survey to the boundaries fixed by local rules, or plat shall be required, and all but that where such claims do conform placer mining claims hereafter located to legal subdivisions, the entry may shall conform, as nearly as practica- be effected according to such legal ble, with the United States system of subdivisions without the necessity of public land surveys and the rectangu- further survey or plat. lar subdivisions of such surveys, and 57. In the second proviso to said no such locations shall include more twelfth section, authority is given for than twenty acres for each individual the subdivision of forty-acre legal claimant; but where placer claims subdivisions into ten acre lots, which cannot be conformed to legal subdi- is intended for the greater convevisions, survey and plat shall be made nience of miners in segregating their as on unsurveyed lands," etc. claims both from one another and from intervening agricultural land.
54. The proceedings for obtaining patents for veins or lodes having already been fully given, it will not be necessary to repeat them here; it being thought that careful attention thereto by applicants and the local officers will enable them to act understandingly in the matter, and make such slight modifications in the notice, or otherwise, as may be necessary in view of the different nature of the two classes or claims, placer claims being fixed, however, at two dollars. and fifty cents per acre, or fractional part of an acre.
58. It is held, therefore, that under a proper construction of the law, these ten-acre lots in mining districts should be considered and dealt with, to all intents and purposes, as legal subdivisions, and that an applicant having a legal claim which conforms to one or more of these ten-acre lots, either adjoining or cornering, may make entry thereof, after the usual proceedings, without further survey or plat.
59. In cases of this kind, however, the notice given of the application must be very specific and accurate in description, and as the forty-acre tracts may be sub divided into tenacre lots, either in the form of ten by 56. It will be observed that that ten chains, or of parallelograms, five portion of the first proviso to said by twenty chains, so long as the lines twelfth section, which requires placer are parallel and at right angles with claims upon surveyed lands to conform the lines of the public surveys, it will The Kansas Pacific Railway is the Pioneer Line into the great San Juan country.
55. The twelfth and thirteenth sections of said Act of July 9, 1870, read as follows: * * *
be necessary that the notice and application state specifically what tenacre lots are sought to be patented, in addition to the other data required in the notice.
60. Where the ten-acre sub-division is in the form of a square it may be described, for instance, as the "S. E. of the S. W. † of N. W. 1," or, if in the form of a parallelogram as aforesaid, it may be described as the "W. of the W. of the S. W. of the N. W. 1, (or, the N. of the S. 1⁄2 of the N. E. † of the S. E. 1) of section township as the case may be; but, in addition to this description of the land, the notice must give all the other data that is required in a mineral application, by which parties may be put on inquiry as to the premises sought to be patented.
65. The foregoing provisions of law are construed to mean that after the ninth day of July. 1870, no location of a placer claim can be made to exceed one hundred and sixty acres, whatever may be the number of locators associated together, or whatever the local regulations of the district may allow; and that from and after 61. The proceedings necessary for the passage of said act of May 10, the adjustment of rights where a 1872, no location made by an indiknown vein or lode is embraced by a vidual can exceed twenty acres, and placer claim, are so clearly defined in no location made by an association the eleventh section of the Act as to of individuals can exceed one hunrender any particular instructions up-dred and sixty acres, which locations on that point at this time unnecessary. of one hundred and sixty acres cannot be made by a less number than eight bona fide locators, but that whether as much as twenty acres can be located by an individual, or one hundred and sixty acres by an association, depends entirely upon the mining regulations in force in the respective districts at the date of the location; it being held that such mining regulations are in no way enlarged by said Acts of Congress, but
62. When an adverse claim is filed to a placer application, the proceedings are the same as in the case of vein or lode claims already described.
63. By the twelfth section of the said amendatory Act of July 9, 1870, (third proviso), it is declared "that no location of a placer claim hereafter made shall exceed one hundred and remain intact and in full force with sixty acres for any one person or asso-regard to the size of locations, in so Buy your tickets via the Kansas Pacific Railway if you want to go to San Juan.
QUANTITY OF PLACER GROUND SUBJECT
ciation of persons, which location shall conform to the United States surveys," etc.
64. The tenth section of the Act of May 10, 1872, provides that "all placer mining claims hereafter located shall conform, as near as practicable, with the United States system of public land surveys, and the rectangular subdivisions of such surveys, and no such locations shall include more than twenty acres for each individual claimant.”
far as they do not permit locations in excess of the limits fixed by Congress, but that where such regulations per- 69. When an applicant desires to mit locations in excess of the maxi- make proof of possessory right, in mums fixed by Congress as aforesaid, | accordance with this provision of law, they are restricted accordingly. you will not require him to produce evidence of location, copies of conveyance, or abstracts of title, as in other cases, but will require him to furnish a duly certified copy of the statute of limitations for mining claims for the State or Territory, together with his sworn statement, giving a clear and succinct narration of the facts as to the origin of his title, and likewise as to the continuation of his possession of the mining ground covered by this application; the area thereof, the nature and extent of the mining that has been done thereon; whether there has been any opposition to his possession or litigation with regard to his claim; and if so, when the same ceased; whether such cessation was caused by compromise or by judicial decree, and any additional facts, within the claimant's knowledge having a direct bearing upon his possession and bona fides which he may desire to submit in support of his claim.
66. The regulations herein before given as to the manner of making locations on the ground, and placing the same on record, must be observed in the case of placer locations, so far as the same are applicable; the law requiring, however, that where placer claims are upon surveyed public lands, the locations must hereafter be made conform to legal subdivisions
67. With regard to the proofs necessary to establish the possessory right to a placer claim, the said thirteenth section of the Act of July 9, 1870, provides that "where said person or association, they and their grantors, shall have held and worked their said claims for a period equal to the time prescribed by the statute of limitations for mining claims for the State or Territory where the same may be situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this Act in the absence of any adverse claim."
which all controversy or litigation has long been settled.
68. This provision of law will greatly lessen the burden of proof, more especially in the case of old claims located many years since, the records of which, in many cases have been destroyed by fire, or lost in other ways during the lapse of time, but concerning the possessory right to
70. There should likewise be filed a certificate under seal of the court having jurisdiction of mining cases within the judicial district embracing the claim, that no suit or action of any character whatever, involving the right of possession to any portion of the claim applied for is pending, and that there has been no litigation before said court affecting the title to said claim or any part thereof, for a period equal to the time fixed by the
Go to San Juan via Denver and Ft. Garland.
statute of limitations for mining United States; the system of making
claims in the State or Territory as aforesaid, other than that which has been finally decided in favor of the claimant.
deposits for mineral surveys, as required by previous instructions, being hereby revoked as regards field work ; the claimant having the option of employing any deputy surveyor within such district to do his work in the
71. The claimant should support his narrative of facts relative to his possession, occupancy, and improve- field. ments, by corroborative testimony of any disinterested person or persons of credibility, who may be cognizant of the facts in the case, and are capable of testifying understandingly in the premises.
72. It will be to the advantage of claimants to make their proofs as full and complete as practicable.
APPOINTMENT OF DEPUTY SURVEYORS
OF MINING CLAIMS- CHARGES FOR
73. The twelfth section of the said Act of May 10, 1862, provides for the appointment of surveyors of mineral claims, authorizes the commissioner of the General Land Office to establish the rates to be charged for surveys and for newspaper publications, prescribes the fees allowed to the local officers for receiving and acting upon applications for mining patents and for adverse claims thereto, etc.
74. The surveyors-general of the several districts, will, in pursuance of said law, appoint in each land district as many competent deputies for the survey of mining claims as may seek such appointment; it being distinctly understood that all expense of these notices and surveys are to be borne by the mining claimants and not by the
75. With regard to the platting of the claim and other office work in the surveyor general's office, that officer will make an estimate of the cost thereof, which amount the claimant will deposit with any assistant United States treasurer, or designated depository, in favor of the United States treasurer, to be passed to the credit of the fund created by "individual depositors for surveys of the public lands," and file with the surveyorgeneral duplicate certificates of such deposit, in the usual manner.
76. The surveyors-general will endeavor to appoint mineral deputy surveyors, as rapidly as possible, so that one or more may be located in each mining district for the greater convenience of miners.
77. The usual oaths will be required of these deputies and their assistants as to the correctness of each survey executed by them.
78. The law requires that each applicant shall file with the register and receiver a sworn statement of all charges and fees paid by him for publication of notice and for survey, together with all fees and moneys paid the register and receiver, which sworn statement is required to be transmitted to this office, for the information of the commissioner.
For Machinery, Bullion or Ore Shipments, address T. F. OAKES, General Freight Agent Kansas Pacific Railway, Kansas City, Mo.
79. Should it appear that excessive be situated, in which case they will or exorbitant charges have been made have the same force and effect as if by any surveyor or any publisher, taken before the register or receiver, prompt action will be taken with the and that in cases of contest as to the view of correcting the abuse. mineral or agricultural character of
80. The fees payable to the regis-land, the testimony and proofs may be
ter and receiver, for filing and acting upon applications for mineral land patents, made under said act of May 10, 1872, are five dollars to each officer, to be paid by the applicant for patent at the time of filing, and the like sum of five dollars is payable to each officer by an adverse claimant at the time of filing his adverse claim.
taken before any such officer on personal notice of at least ten days to the opposing party, or, if said party cannot be found, then, after publication of notice for at least once a week for thirty days, in a newspaper, to be designated by the register as published nearest to the location of such land, proof of such notice must be made to the register.
81. All fees or charges under this act, or the acts of which it is amendatory, may be paid in United States
85. The instructions heretofore issued with regard to disproving the mineral character of lands, are ac82. The register and receiver will, cordingly modified so so as to allow at the close of each month, forward proof upon that point to be taken beto this office an abstract of mining ap- | fore any officer authorized to adminisplications filed, and a register of re- ter oaths within the land district, and ceipts, accompanied with an abstract that where the residence of the parof mineral lands sold. ties who claim the land to be mineral is known, such evidence may be taken without publication, ten days after the mineral claimants or affiants shall
83. The fees and purchase money received by registers and receivers must be placed to the credit of the United States in the receiver's month- | have been personally notified of the ly and quarterly account, charging up in the disbursing account the sums to which the register and receiver may be respectively entitled as fees and commissions, with limitations in regard to the legal maximum.
time and place of such hearing; but in cases where such affiants or claimants cannot be served with personal notice, or where the land applied for is returned as mineral upon the township plat, or where the same is now or 84. The thirteenth section of the may hereafter be suspended for nonsaid act of May 10, 1872, provides that mineral proof, by order of this office, all affidavits required under said act, then the party who claims the right or the act of which it is amendatory, to enter the land as agricultural will may be verified before any officer be required, at his own expense, to pubauthorized to administer oaths within lish a notice once each week for five the land district where the claims may consecutive weeks in the newspaper For any information as to Freight on the Kansas Pacific Railway, address T. F. OAKES, General Freight Agent, Kansas City, Mo.