PLACER CLAIMS-UNSURVEYED LANDS.

Where a placer claim sought to be patented is situated upon unsurveyed lands, the proceedings are similar to those in cases of lodes, proper allowance being made for the difference in the nature of the deposits (2699), a descriptive report being also required from the deputy surveyor, establishing the character of the land (2 672); but the department requires, in all cases of placers, an affirmative showing that no known lodes exist within the limits of the placer (2 703).

We select the following illustration as conforming to the regulations of the department in this behalf:

Proof That No Known Lodes Exist on Placer Claim.

IN THE UNITED STATES LAND OFFICE, AT STOCKTON, CALI

FORNIA.

In the Matter of the Application for Patent for the COOLGARDIE PLACER MINE, Coulterville Mining District, Mariposa County, California.

STATE OF CALIFORNIA, >

County of Mariposa.

SS.

A. M. da Silva and Wm. Doidge, each of lawful age and resident in the county of Mariposa, state of California, being first duly sworn, each for himself, and not one for the other, saith: That he is a miner by profession; that he is well acquainted with the Coolgardie placer mine, situate in Coulterville mining district, county of Mariposa, state of California, claimed by A. Wartenweiler, applicant for United States patent therefor; that for several years he has resided near said land, and has been, and now is, well acquainted with the character of said land, having frequently passed over the same; that his knowledge of said land is such as to enable him to testify understandingly in regard thereto; that there is not, to his knowledge, within the limits of said placer claim any vein, or lode, of quartz or

other rock in place bearing gold, silver, cinnabar, lead, tin, or copper, or any other valuable deposit in place, upon said claim or any part thereof; that he has no interest whatever in the said placer claim. A. M. DA SILVA, WM. DOIDGE.

Subscribed and sworn to before me this 19th day of March, 1897; and I hereby certify that the foregoing affidavit was read to the above-named A. M. da Silva and Wm. Doidge previous to their names being subscribed thereto, and that deponents are reputable persons, to whom full faith and credit should be given. F. E. HALL,

Justice of the Peace in and for No. 3 township, Mariposa

county, California.

NOTE.-An affidavit of similar import, made by claimant, is also filed.

Where the placer claim is located by government subdivisions, no survey is necessary (§ 672). A descriptive report by a deputy mineral surveyor may be obtained (§ 701), but is not required. Proof of the mineral character of the land must be supplied by affidavits (§ 702).

As the surveyor-general has no office to perform in this class of cases, proof of the five hundred dollars' expenditure for patent purposes must be supplied by claimant. For nature and character of such proofs, consult § 701.

INDEX.

INDEX.

Abandonment.

by senior of area conflicting with junior locator will not inure to benefit of latter, § 363.

abandoned conflict area can only be appropriated by junior locator by amended location, § 363.

of portion of claim for purpose of paralleling end lines does not affect remainder, § 365.

amended certificate of location not necessarily abandonment of first, § 398.

may title to mining claim be lost by? § 642.

distinction between forfeiture and, § 643.

a question of intention, § 643.

operates instanter, § 643.

may occur at any time, § 643.
evidence establishing, § 644.
evidence negativing, § 644.

a question for the jury, § 644.

need not be specially pleaded, § 643.

may be proved under general issue, § 643.

burden of establishing rests upon party asserting, § 643.

failure of one co-owner to contribute proportion of assessment work not evidence of, § 644.

Abstract of Title.

to be furnished in patent proceedings, § 687.

regulations of land department concerning, p. 1192-1193, par. 32.

Access.

right of surface owner to strata underlying granted stratum, § 827. reciprocal rights of owners of different strata, § 827.

See INSPECTION AND SURVEY.

Account.

between tenants in common of a mine, § 790.
between mining partners on dissolution, § 803.

Actions.

Ejectment.

Injunction.

mining claims are subjects of, §§ 535, 538, 773.
may be maintained on certificate of purchase, § 773.

will not issue, restraining land department from discharging its

duties, § 438.

when lies at suit of one cotenant against another, § 790.

to prevent pollution of water, § 842.

deposit of tailings, § 842.

injuries from hydraulic mining, §§ 848-853.

as an auxiliary remedy in actions of trespass, §§ 872.