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Entered according to Act of Congress, in the year 1874,
By A. L. BANCROFT AND COMPANY,
In the Office of the Librarian of Congress, at Washington.
1
CONTENTS.
Witnesses and Testimony..
Every Person affected by a Decision should be heard..
Legality of Taxing Mining Claims while the Title is in the United States.
Assignment of Patents...
General Land Office cannot supervise or disregard Decisions of Courts.
Circular Instructions apply to all United States Mineral Lands....
Any Member of a Company may be Agent for all..
PAGE
16
17
18
19
Applicants for Patent must have the Local Possessory Right..
Patented Ground is Subject to Entry by Adjoining Proprietors.
Sulphur Springs are not regarded as Saline or Mineral.
Applicants for Different Lodes may be made Adverse Claimants to each
other
Local Laws Govern Purchase of Other Parties' Locations.
How an Adverse Claimant may protect his Rights..
Water Rights protected by Local Laws..
Register and Receiver's Fees for Affidavits, Certificates, and Other
Writing...
The Owner of a Lode may follow it to any depth, although it may enter
the Land Adjoining
Proceedings when Duplicate Receiver's Receipt is Lost..
Sections Sixteen and Thirty-six, when Mineral in Character, do not pass
to the State of Nevada.
Purchase Money is refunded only when a Mistake has occurred.
Number of Feet on a Lode that may be located and purchased in New
Mexico
Several Non-contiguous Tracts may be embraced in one Application for
Patent...
Public Lands containing Minerals cannot be Leased.
Application of Reed and Sanders. Adverse Claim rejected because not
filed before the Surveyor-general's Approval of Survey.
Placer Claims on Surveyed and Unsurveyed Land..
Mineral Lands cannot be Approved as State Selections.
Placers must be treated as on Unsurveyed Land until Township Plat is
filed in Local Office.
Proceedings when an Error is discovered in Patent
30
35
36
41
Right of Drainage and Easement Protected.
42
Foreign Corporations cannot assert an Adverse Claim to Unpatented
Ground, A Claim cannot be taken for the Miners' Relief and Ter-
ritorial Poor Fund.
43
Lien on Mines protected and strengthened by Patent..
45
Definition of "Rock in Place."
46
Case of the New Idria Mining Company's Application for Patent for
Certain Mines in Fresno County, California
47
Local District Laws, in absence of State or Territorial Enactments, Gov-
ern Locations.
59
Cinnabar and Copper Deposits cannot be entered as Placers.
Disproving Mineral Character of Land for the benefit of Railroads.
Case of the Salt Lake Mining Company's Application for Patent for the
Flagstaff Mine, Salt Lake County, Utah
A Public Highway is not an Adverse Claim........
Exemplifications furnished to Interested Parties Only..
Proof as to Mineral or Non-Mineral Character of every Subdivision
required in Contests between Miners and Agriculturists....
After Entry is made, the Burden of Proof rests upon the Party alleging
the Mineral Character of the Land....
Auriferous Cement Claims are patented as Placers.
Uncontested Part of a Claim may be Patented..
Proceedings to Secure Patent for Claim previously relinquished
Only those showing an Interest in the Premises can Assert an Adverse
Claim
Adverse Claim Rejected because not properly made out..
A Special Clause Protecting Water Rights is Inserted in all Patents is-
sued for Lands in the Mining Regions
Patents Cannot be Issued conveying more than Three Thousand Feet of
a lode.
PAGE.
Adverse Claim Rejected because identity of Lodes was not alleged.... 83
Patent may be Delivered to Owner of the Mine, though he may not be
the Party named in the Patent
Patent Recalled only when Error has been made in Name or Description 88
Rights of Persons making Entry pending contest.
Proceedings in case of Special Agreement between Opposing Claimants.
Final Survey must Cover Ground applied for..
Agricultural Claimants are Entitled to full Protection.
After Disproving Mineral Character of Land, immediate Entry thereof
may be made, if there is no Contest
The Rule adopted in the Flagstaf Case Applied to an Adverse Claim,
while Suit was Pending in Court
Case of the Julia Gold and Silver Mining Company's Application for
Patent for certain Mines in Nevada.
The Keystone Case, involving the Right of the State of California to
School Sections which are Mineral in character.
An Adverse Claimant having Dismissed his Suit, cannot Delay Applica-
tion by Second Suit
When a Contested Case between Miners and Agriculturists may be re-
opened
Satisfactory Evidence of the Agricultural Character of Land.
Mill Site must be Non-Mineral in Character....
Deputy Surveyors are not Authorized to Survey Claims Outside their
State or District..
Case of Agricultural versus Mineral Claimants. Mortgages given by
Pre-emptor
Construction of the Tenth Section of the Act of July 26, 1866.
Proof of Citizenship, in case Applicant's Father was a Naturalized Citi-
zen.
Annual Expenditure Required on all Claims until Patent shall have Is-
sued
Mining Claims may be Patented when within Town Sites
New or Additional Evidence cannot be Submitted on Appeal to the Sec-
retary of the Interior
Expenses in Running a Mining Tunnel, before a Lode is 'Struck therein,
not tantamount to Expenses on the Lode
Diamond-Producing Lands may be Entered and Patented under the
Mining Acts
Definition of the Term "Claim," as used in the Mining Statutes
One Person may Secure Title to several Mining Claims.
Miners to Prevent Agriculturists from Entering their Mining Claims
must show Compliance with the Local Laws and Customs
Tunnel Rights
The Year during which the Annual Expenditure must be made on Lo-
cations after May 10, 1872, begins from Date of Location
Patent Issues to Assignee of Party making Entry
Application allowed to Proceed because Adverse Claimant did not com-
mence Suit within thirty days..
Mill Site Passes to Railroad, if Located after Land Inured to the road. 147
Proceedings in case a Mining Claim is not within any Mining District.. 147
Amicable Arrangement between Miners and Agriculturists for Segrega-
tion of Claims suggested..
New Trial must be granted unconditionally to warrant further Suspen-
sion of a Case..
148
149
Lands adjudged Agricultural cannot be entered as Mineral, unless New
Developments or Discoveries are made thereon..
150
Relative to Hearings held to determine the Character of Land in Dis-
pute. The Party upon whom the Burden of Proof Rests..
Proceedings to Cancel Patent issued to the Owners of the Wyoming
Mine, Utah..
Conflict between a Placer Mining Claim and a Townsite.
156
157
Eight Locators of Placer Ground may Convey to One Party, who can
Secure Patent for One Hundred and Sixty Acres...
Agricultural College Scrip is not Received in Payment for Mineral Lands 157
All Proof, except of Citizenship, must be made within the District where
the Land is Situated.
158
Where all but One of several Co-tenants withdraw Protest, the Courts
must decide.
Applications in Case of Divided and Undivided Interests in Mining
Claims
159
Adverse Claim Rejected because not Sworn to within the District where
160
Proceedings to have Patent issue to Party who buys Mine from Appli-
cant.
162
Clause inserted in Patents issued for Claims on or near the Comstock
Lode.
Before Patent is issued, Agricultural Entries may be cancelled to por-
tions embracing valid Mining Claims......
163
Affidavits taken without Notice to the Opposing Party cannot be Con-
sidered.
164
Only One Hundred Feet Square of Placer Ground can be located, if
Local Laws allow no more...
165
Application Rejected because no Surface Ground was included.
How to count Sixty Days for Publication of Notice..
166
Application Rejected because within the Sutro Tunnel Grant, Nevada. 179
Papers filed in the Local Land Office must not be taken therefrom.... 181
Case of the Overman Silver Mining Company versus the Dardanelles
Mining Company, Nevada..
181
Official Letters to Registers and Receivers are United States Property.. 188
Case of the Santa Rita del Cobre Copper Mine, New Mexico..
Miners Claiming Adversely to Agriculturists may be Confined to Original
Locations.
Adverse Claims must be filed with the Register and Receiver of the
Proper Land Office..
194
Adverse Claim Rejected because not made out in Proper Form.
Adverse Claim Rejected for Non-Compliance with Local Laws.
Absence of Local District Laws...
195
197
200
Construction given to the Tenth Section of Act of May 10, 1872.
Width of a Lode Claim. What a Patent Conveys..
201
Adverse Claim Rejected because filed against Three Applications.
Adverse Claim Rejected because no Interest Shown..
Application Rejected on account of Insufficient Notice,
202
204
Locations when a Vein exceeds Fifteen Hundred Feet in Length.
Mining Claims in Townsites..
207
Minerals in the Indian Territory....
208
Minerals Discovered after Patent has Issued to Agricultural Claimant
Deposits of Fire Clay may be Patented
Claim Rejected because not Located in Accordance with Law. Instruc-
tions for Mining Claimants in Arizona..
209
Three hundred and twenty-seven acres of Placer Ground in One Entry 211
Courses and Distances must give way when in Conflict with Fixed Ob-
jects..
211
Mining Claim Fraudulently Entered by an Agriculturist.
212
Fraudulent Entry of Mineral Land by Agriculturists and Corporations 213
Iron Deposits must be Sold under the Mining Laws
214
Salt Springs Disposed of only by Special Acts of Congress
Tunnel Owners must use Diligence. No Specified Expenditure to Re-
tain Tunnel Rights..
215
Status of Mining Claims within Alaska Territory.
Number of feet of a Lode that could be Located in Colorado in October, 1864.
Adverse Claim Rejected because Suit was not Commenced in Court as
Ordered
216
In taking Appeals, the Points of Exception must be stated
Adverse Claims must be Filed within the prescribed Time..
Comstock Lode.--Bullion Mining Company v. 420 Mining Company.
The Non-Mineral Affidavit may be Sworn to by an Agent when the Prin-
cipal is not acquainted with the Land
217
218
219
222
Applicants for Patents for Placer Land must present Proof that no
known Veins exist therein..
Certificates of Incorporation should be Filed with the Application of an
Incorporated Company. The several Papers to be made out in the
Names of the different Members of an Unincorporated Association 223
Surveys should Show the Exterior Boundaries of Claims, and embrace
only the amount of Surface Ground allowed by Local Laws...
Record Evidence cannot be Disregarded in Proving the Date of Loca-
tion of a Claim..
223
224
Proof required that Relocations are made in accordance with Legislative
or District Laws..
225
Lode Claim within a Placer Claim entered by another Party.
226
Railroad called upon to Relinquish Mineral Land inadvertently Patented 227
Cancellation of Entry made while Suit was Pending in Court..
Placer Claims embracing Five-Acre Lots must be Surveyed
228
After a Hearing and Entry by Agricultural Claimant, a Case cannot be
Re-opened on account of Minerals in the Land
229
The First Applicant receive Patent for Conflicting Ground when Second
Application is made after Expiration of Publication of Notice... 230
Proceedings when Suit has been decided in favor of Applicant for Patent 232
Copies of Deeds, or an Abstract of Title and Copy of Location to be
Filed with an Adverse Claim
Proceedings when the Affidavits of Parties who Posted Notice and Dia-
gram cannot be obtained.
Homestead Entries may be Cancelled any time before Patents issue, if
Valuable Mineral Deposits are shown to have been included.
Application for Patent Rejected because Notice was published in One
Paper Seven Weeks, and in Another Paper Two Weeks..
Size of Iron Ore Claims regulated by Local Laws, if Located Prior to
May 10, 1872...
233
234
235
Certificate of Improvements in case Placer Claims embrace Legal Sub-
divisions..
