survey number of each claim should go on the proper faces of the post. It is only recently that the practice of initialing the posts has been established; most older claim stakes are without the claim initials. Where a post is the corner of several claims of the same survey number, the corner numbers have sometimes all been placed on one face, as 1-1-2-4-4750, whereas the better way would have been as stated before, 1-4750, 1-4750, 2-4750, and 4-4750 on the proper faces. Corner No. 1 of each claim must be connected with a section or quarter-section corner of the public-land surveys or a mineral monument, if within two miles, preferably with a public-land survey corner. In the absence of either within that distance, a new mineral monument should be established. This tie line must be run and not obtained by previous knowledge or ties calculated through other points. With a group, it is customary to connect the corner of one claim with the tie monument by an actual line, and calculate the other required ties through the survey lines of the group. The conflicts and contiguity with other patent surveys must be shown, but those with unsurveyed claims need not be.

The deputy cannot make an official survey of any claim in which he holds any interest, real or contingent. He cannot act as an attorney in the patent application. He cannot employ chainmen interested in the property. He must correct errors in the survey due to carelessness or neglect, at his own expense, under penalty of suspension.

At time of making the survey, the development work or expenditure of $500 for the benefit of each claim is measured up; or if it is not performed or finished at that time, the deputy may return later and measure it.

Returning from the field, the deputy prepares his field notes and plat, and files them with the surveyor-general. The employees of the surveyor-general's office check the field notes and compare them with adjoining official surveys. Many errors are bound to occur in view of the close accuracy required, which the deputy must correct. From the corrected notes and plat, the final plat is made up, and the claim or claims platted upon the 'connected plat' of the surveyor-general, which contains and shows the relative positions of all the claims in each district.

The corrected field notes, known as the 'approved field notes', and plat are retained in bound form in the surveyor-general's office, open to public inspection. The surveyor-general sends one copy of the plat to the local land office in which patent application must be filed, and two copies of the plat and one of the approved field notes to the deputy mineral surveyor for the applicant.

The surveyor-general's connection with the proposed patent now ceases, unless the $500 expenditure has not been filed. This may be filed subsequent to the field notes. It is the sworn statement of the deputy regarding the work done, its value, and that it has been performed by the patent applicant or his grantors. The surveyor-general examines this to see that the work is of the character and the amount required, approves it, and forwards his certificates to the deputy or the local land office.

The applicant, by these survey proceedings, acquires no further right to the ground beyond that contained in his possessory right, than such additional constructive right as the better marking of his claim and the official filing of its exact position and boundaries may give. It is just as necessary to perform annual labor, and to adverse the prior application for patent of any conflicting location, as before steps were taken for patent survey. However, there is some safety given the claims by the officially marked posts, which will lead many people to believe the claims are patented. Because the posts bear official survey numbers, is no sign that they are or are not patented; only inquiry at the local land office can develop this, though the surveyor-general does keep a list, and all patented claims are eventually listed by county recorders for the purpose of taxation. So far the applicant has not made any real steps toward patent; he has simply had his ground officially surveyed. He is under no compulsion to proceed further.

CHAPTER XVIII

Lode Patent-Application and Entry

The proceedings in the surveyor-general's office having closed, with the exception of where the $500 expenditure has not yet been filed and approved, the second step-that of obtaining the patent proper-is now taken in the local land office. The applicant may begin the second step immediately upon the approval of his survey by the surveyor-general, or he may delay for years without losing any of the rights gained by the survey. The second step can only be taken on the survey by the applicant or his grantees. Anyone who may have located the ground in the event of the annual labor not having been performed, must have a new survey made.

Five copies of a notice of application for patent, containing a full description of the claim or claims, are prepared. One copy is posted at a conspicuous point on the claim or group included in the application, such as at the shaft, mouth of tunnel, boarding-house, or in a similar position. This posting is done in the presence of two disinterested witnesses, who make affidavit to the fact. The affidavits are attached to the second copy for filing in the land office as proof of posting. There is also posted with the notice on the claim, one of the plats delivered to the claimant by the surveyor-general. These are usually fastened inside of a box covered with a canvas flap, so that anyone is easily able to see them, and yet they are protected from the elements. They must remain posted during the sixty days of publication, and after removal are desirable to keep for reference, especially the plat. The third copy of the notice goes to the publisher of a newspaper published nearest the claim, to be published as an advertisement for a period of sixty days. If a weekly paper, nine consecutive insertions are required; if a daily, for sixty-one consecutive insertions. The

fourth copy is posted in the land office during the period of publication. A fifth copy is required by many land offices to send to the Government inspector.

The three notices of application for patent, one posted on the claims, one published in the newspaper nearest the claims, and one posted in the local land office, are notice to the world that application is being made for patent, and that all should govern themselves accordingly. That is, that those who claim the ground or any portion of it under another and adverse location, must file an adverse against the patent during the sixty days of publication (in Alaska the time has been extended to within eight months after the sixty days) or stand as having no claim to the ground. This is notice also that those who may have an ax to grind and wish to protest against the issuing of patent on ground that some law or requirement of weight has not been complied with, may do so up to date of issuing patent. At the time the notices are being disposed of, the first set or 'application for patent' papers are filed in the local land office. They consist of, one of the final plats and the approved field notes delivered applicant by surveyor-general; the second copy of notice of application for patent with attached affidavits, being proof of posting notice on claim; the fourth copy of the notice, being the one posted in the land office; the fifth copy of the notice being the one to be forwarded to the local chief of field division by the local land office; the application for patent, or mineral application, which recites the facts and conditions and asks that patent be granted; a description of the vein or lode or mineral character of the land; an abstract of title showing full title in the applicant or applicants; proof that applicant or applicants are citizens of the United States; publisher's agreement that he will publish notice of application for patent and hold applicant alone responsible for charges; and the notice to be published. Together with this set of application papers, a filing fee of $10 is paid. When this filing is made, an application number is given it. The surveyor-general, in approving the survey, approves all ground within the boundaries. The land office, in giving the application a number, removes from it all the conflicting ground of prior applications.

This makes it necessary for the application to adverse prior applications for any conflicting ground, but unnecessary to take steps against subsequent applications.

The second set or 'final entry' papers filed after expiration of period of publication, consist of, proof of continuous posting of plat and notice upon the ground during the sixty days of publication, made by affidavit of applicant; proof of publication of notice by affidavit of publisher; proof of payment of all charges and fees for publication, survey, land office fees, and purchase price of land, by affidavit of claimant; and application to purIchase the land from the Government. On the presentation of the final entry set of papers, the register makes proof that notice of application for patent remained continuously posted in the land office during the sixty days of publication. If, during the period of publication, no adverse claim was filed against the application, and there are now no protests or other objections, applicant will be permitted to pay the purchase price of $5 per acre for lode claims ($2.50 for placer claims), and receive the receiver's receipt for the money. The certificate of final entry as a result of paying the purchase price, and the original of the receiver's receipt, is now added to the papers, and the whole record is forwarded to the General Land Office at Washington, where it is examined, and, if found regular, the patent document is issued and forwarded to the local land office, where the applicant receives it in exchange for his receiver's receipt, usually from six to eight months after final entry.

The $500 expenditure as required by the Statute, may be made at any time before the expiration of the sixty-day period of publication. The filing of the surveyor's affidavit of the expenditure need not be done before the expiration of publication period. After filing of application for patent, and affidavit of expenditure if the same follows, a copy of the application is forwarded the chief of the local field division, who will have field examination made of the claim and entry. This examination is confined mainly to conditions found in the field, but will take up any question whatever relating to the entry. The conformity of the survey to the location in all its phases will be investigated. The nature of the survey will be examined,