9. These instructions are subject to the limitations of section 2324, U. S. Rev. Stats., so far as the same refers to local laws and customs.

CIRCULAR TO APPLICANTS.

To Applicants for Mineral Survey Orders:

You will observe the following requirements in the conduct of your business with the Surveyor General's Office, the same being based upon the United States mining laws and circular and special instructions from the Commissioner of the General Land Office:

1. All applications for survey orders, descriptive reports on placer claims, or certificates of five hundred dollars expenditure, should be addressed to the Surveyor General and be signed by the claimants, their agent or attorney.

2. Each application should contain:

(a) The name of the claimant in full, and as it is desired to appear in the application for patent.

The name of each location embraced in the claim.

The name of the land and mining districts in which the

claim is located.

(d) The name of the United States deputy mineral surveyor to whom it is desired the order shall be issued.

3. You are required to file with each application for survey order, a copy of the record of location of the claim, properly certified by the recorder of the county or mining district where the claim is situate.

4. The deputy mineral surveyor is required to survey the claim in strict conformity with or within the lines of the location upon which the order of survey is based. You are, therefore, advised before filing your application to see that your location has been made in compliance with the law and regulations, and that it properly describes the claim for which the patent is sought.

The act of Congress of May 10, 1872, expressly provides that "the location must be distinctly marked on the ground, so that its boundaries can be readily traced," and "that all records of mining claims hereafter made shall contain the name or names of the locators, the date of location, and such a description of the claim or claims, located by reference to some natural object or permanent monument, as will identify the claim."

"These provisions of the law must be strictly complied with in each case to entitle a claimant to a survey and patent, and therefore should a claimant under a location made subsequent to the passage of the mining act of May 10, 1872, who has not complied with said requirements in regard to marking the location upon the ground, and recording the same, apply for a survey, you will decline to make it."

"The only relief for a party under such circumstances, will be to make a new location in conformity to law and regulations, as no case will be approved by this office, unless these and all other provisions of law are substantially complied with." (See General Land Office circular dated November 20, 1873.) [Sickel 562.]

5. Par. 99 (now 93), General Land Office circular, of December 10, 1891, edition December 1, 1894, relating to the expense of office work connected with the survey of mineral claims, reads as follows:

"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 Surveyor General duplicate certificates of such deposits in the usual manner.'

6. The various Surveyors General have adopted schedules of rates for office 'work, and an estimate of the cost in any particular case may be had upon application.

Should an applicant deem an estimate excessive, he will be allowed the right of appeal to the General Land Office in the usual manner.

In transmitting such an appeal the Surveyor General should transmit therewith a full report.

7. Should the office work in any case amount to more than the estimate, or if an amended order is issued, an additional deposit will be required.

8. In districts where there are no United States depositories, you should deposit with the nearest assistant United States treasurer, or depository, and in all cases immediately forward the original certificate to the Secretary of the Treasury and the duplicate to the Surveyor General's Office, retaining the triplicate for your own use and security. Under no circumstances will the deposit be made by the Surveyor General. (See paragraph 5, preceding.)

9. An application for an amended survey order must be accompanied with a statement setting forth fully the reasons for the proposed amendment and all the material facts in the matter.

10. If, after having obtained a survey order, you should abandon your purpose of having a survey made, you can apply the deposit, less the amount estimated for office expenses already incurred, on a new survey if one is desired.

11. Upon discovery of any error or defect in an order you are requested to return it to the Surveyor General's Office for correction or amendment.

12. If, after having obtained an order for survey, you should find that the record of location does not practically describe the location as staked upon the ground, you should file a certified copy of an amended location certificate, correctly describing the

claim, and obtain an amended order for survey. If a relocation of the claim is made embracing ground not included in the original order, or other material change is made, you will abandon the original number of the order for survey, and a new order will be issued in which a number in the current series will be substituted.

13. The order of approval of surveys of mineral claims is prescribed by General Land Office circular dated March 3, 1881, as follows:

"The mining survey first applied for shall have the priority of action in all its stages in the office of the Surveyor General, including the delivery thereof, over any other survey of the same ground or any portion thereof.

"The Surveyor General should not order or authorize a survey of a claim which conflicts with one previously applied for until the survey first applied for has been completed, examined, approved and platted, and the plats delivered.

"When the conflict does not appear until the field notes of the respective surveys are returned, then the survey first applied for should be first examined, approved, and platted, and the plats delivered before the field notes of the survey last applied for are taken up for examination or plats constructed.

"When the survey first authorized is not returned within a reasonable period, and the applicant for a conflicting survey makes affidavit that he believes (stating the reasons for his belief) that such first applicant has abandoned his purpose of having a survey made, or is deferring it for vexatious purposes, to wit, to postpone the subsequent applicant, the Surveyor General shall give notice of such charges to such first applicant, and call upon him for an explanation under oath of the delay. He shall also require the deputy mineral surveyor to make a full statement in writing, explanatory of the delay; and if the Surveyor General shall conclude that good and sufficient reasons for such delay do not exist, he shall authorize the applicant for the conflicting survey to proceed with the same; otherwise the order of proceedings shall not be changed.

"Whenever an applicant for a survey shall have reason to suppose that a conflicting claimant will also apply for a survey for patent, he may give a notice in writing to the Surveyor General particularly describing such conflicting claim, and file a copy of the notice of location of such conflicting claim. In such case the Surveyor General will not order or authorize any survey of such conflicting claim until the survey first applied for has been examined, completed, approved and platted, and the plats delivered."

14. You have the option of employing any United States deputy mineral surveyor in the district to execute the order of survey, and must make satisfactory arrangements with such surveyor for the payment of his services and those of his assistants in making the survey, as the United States will not be held responsible for the payment of the same. The duty of the deputy surveyor in any particular case ceases when he has exe

cuted the survey and returned the same to this office. He is not allowed to prepare for the mining claimant the papers in support of an application for patent, being precluded from acting either directly or indirectly as attorney in mineral claims. (Sec. 2334.)

15. You are advised of your right to appeal to the Commissioner of the General Land Office from the approval or disapproval of the survey of your claim. The appeal must be in writing or in print, should set forth in brief and clear terms the specific points of exception to the ruling appealed from and should be transmitted through the Surveyor General's Office,

SURVEYOR GENERAL'S CIRCULAR.

The following circular relating to expense of office work in the Surveyor General's Office in Colorado, dated October 16, 1893, is still (1900) in force.

In accordance with paragraph 99, General Land Office circular, last revised December 10, 1891 (now paragraph 93), relating to the expense of office work connected with the surveyors of mineral claims, which authorizes the surveyor general in each district to estimate the cost of platting and other office work for mineral surveys, it is directed that on and after November 1, 1893, the estimated cost of platting and other office work in connection with the survey of mineral claims be as follows:

For lode claim..

.$30.00

For placer claim.

35.00

For mill-site..

30.00

For mill-site included in one survey with a

lode claim.....

15.00

For each lode claim within and included in
the survey of a placer claim...

15.00

For several lode locations included in one

survey, each location..

30.00

For several placer locations included in one

survey, each location.

35.00

For descriptive report on placer claim taken
by legal subdivisions.

5.00

For affidavit of $500 expenditure of improve-
ments after approval of survey..

5.00

Should the office work in any case amount to more than

the above estimate, or if an amended order is issued, an addi

tional deposit will be required.

(See Rule 5, Circular to Applicants.)

*APPLICATION FOR PATENT.

The following pages are intended to contain the forms of application and proceedings to obtain patent, in the order of time in which the several papers should be made and filed.

Request for Official Survey.-A citizen of the United States, or one who has declared his intention to become such, or a corporation chartered within the United States, being the holder of the possessory title to a lode claim, causes application for an official survey to be made by an

†A. APPLICATION FOR ORDER FOR SURVEY.

DENVER, November 1, 1899.

To the U. S. Surveyor General, District of Colorado, Denver: SIR: You are requested to issue an order for an official survey of the mining claim of E. H. Cook, upon the Bear lode, located in Cripple Creek mining district, Teller County, Pueblo land district, Colorado.

I herewith transmit certified copy of the location certificate of said claim, and have deposited for office feest on same $30 to the credit of the treasurer of the United States, at the First National Bank (U. S. Depository) with request that duplicate certificate be forwarded to you.

Send order to E. E. Chase, U. S. Dep. Min. Sur., at Denver, Colorado. Yours respectfully, E. H. COOK,

Claimant. By Emilio D. DeSoto, Attorney.

Postoffice address (of Claimant) Denver, Colorado. Postoffice address (of Attorney) 504 Equitable Bld., Denver.

*For many valuable suggestions upon points covered by this book, especially in this chapter, I am under obligations to E. E. Chase, Deputy U. S. Mineral Surveyor, Denver, and Charles J. Christian, Chief of Mineral Division in the Surveyor General's office; upon geological points to Ernest Le Neve Foster, late State Geologist of Colorado, and Franklin R. Carpenter, Ph. D., recently of Deadwood, S. D., now located in Denver.

†The forms for placer and mill site applications are substantially the same.

For costs in Surveyor General's office, see p. 357.