Land office decisions-Continued. certificate of no adverse claims, prior to approval, p. 170, id. regularity of proceedings before register, appeal, id. INSTRUCTIONS TO DEPUTIES WHERE COMMISSIONER IS EX- 1. arrangements for payment, id. 2. beginning of surveys, p. 171, id. 3. manner of proceeding, id. 4. description of corners, id. 5. marking corners, id. 6. noting intervening objects, id. 7. improvements, value, adjoining claims, subdivision, 8. size of plat field notes, papers forwarded, etc., id. 9. coal lands, id. EXPENDITURE FOR PATENT, pp. 171-2, § 114. should appear in plat and field notes, id. on lode and mill site in one application, p. 172, id. contiguous placers, id. certificate of surveyor-general, id. PROOF OF EXPENDITURES-WITNESSES-Affidavits, pp.172-4, affidavits of parties cognizant of the facts, p. 172, id. no witnesses excluded on account of interest, id. verification by corporation, p. 173, id. by agents, id. notice required in contests, id. affidavits taken out of district, pp. 173-4 (N. 3). TO WHOM PATENT WILL ISSUE-TO WHOM DELIVERED, party named in certificate of entry, p. 174, id. clerical error in name, id. purchaser after entry, id. loss of duplicate, id. delivered to others than patentees, id. purchaser prior to entry, pp. 174-5, id. EFFECT OF ERRONEOUS ISSUE OF PATENT, pp. 175-6, § 117. not disturbed for irregularities in absence of adverse in- Land office decisions-Continued. second patent issued to correct error, id. relinquishment of ground erroneously included, pp. 175–6, id. PURCHASE MONEY, p. 176, § 118. paid in lawful money of United States, id. when returned pro rata, id. payment of, gives vested right, id. HEARINGS AS TO CHARACTER OF LAND, pp. 176-8, § 119. notice of, p. 176. manner of taking testimony, id. qualification of witnesses, id. when agricultural entry delayed for review, pp. 176–7, id. before whom testimony taken, id. congressional grants not set aside, id. who entitled to hearing, id. contests between placer and town site claimants, id. costs of, by whom paid, pp. 177–8, id. BURDEN OF PROOF, in hearings, p. 178, § 120. upon party contradicting surveyor-general's return, id. affected by situation of land in mineral region, id. CROSS LODES, p. 179, § 121. right to intersection depends on privity of location, id. limits of jurisdiction of land department. id. separate claim against each application, id. by whom filed, id. cannot be amended nor papers withdrawn, id. how opposition may be withdrawn, id. FACTS NECESSARY TO BE SHOWN BY ADVERSE CLAIM- should be set forth in detail, not as legal conclusions, id. allegation of ownerships, p. 180, id. nature and extent, deraignment of title, id. compliance with local laws, etc., id. filing plat and field notes, id. protest-amicus curiæ no right of appeal, id. TIME WITHIN WHICH ADVERSE SHOULD BE FILED, p. 181, Land office decisions-Continued. written period of publication after office hours, id. no extention, id. effect of filing after time, id. WHAT FILED WITH ADVERSE CLAIM, pp. 181-2, § 125. when survey and plat excused, p. 182, id. adverse survey not to be decided erroneous without hear- AFFIDAVIT AND FEES IN ADVERSE PROCEEDINGS, pp. 182-3, affidavit by one of several co-owners, p. 182 d. by corporation, id. before whom verified, id. fees should accompany claim, id. no fees for refiling, or mere protest by amicus curiæ, PROCEEDINGS IN COURT IN SUPPORT OF ADVERSE, when and where commenced, p. 183, id. consequence of failure in time, id. suit commenced before adverse claim filed, id. pendency of suit by applicant against claimant will not ex. jurisdiction of question for the court, p. 184, id. finality of judgment between parties, id. character of suit, id. successful adverse claimant not always entitled to patent, stay of proceedings after judgment, id. certificate of no suit pending, required, id. bringing of suit not affected by defective summons, pp. EFFECT OF WAIVER BY APPLICANT, p. 185, § 128. filing of abandonment insufficient, id. WAIVER BY ADVERSE CLAIMANT, pp. 185-7, § 129. before or after suit by filing withdrawal, pp. 185-6, id. by laches, ignorant or voluntary, id. diligent prosecution of suit, question for court, id. Land office decisions-Continued. withdrawal by one of several adverse claimants, pp. 186-7, CONFLICTS NOT CONSIDERED AS ADVERSE CLAIMS, pp. 187-8 right to follow dip, p. 187, id. patentees and lien holders, id. easements and hypothetical contests, id. excepted lodes, pp. 187-8, id. public highways, p. 188, id. by amicus curia, received, but no appeal, id. written statement of points, p. 188, id. what brought up by, id. amicus curiæ no right of, id. when no appeal lies, id. time for notice of, service, etc., pp. 188-9, id. extension of time for, defective, amendment, p. 189, id. no specific condition as to, in patent, id. TOWN SITES, pp. 189-90, § 134. title to mineral lands not acquired by patents for, p. 189, id. surface rights protected, pp. 189-90, id. are adverse claim, p. 190, id. WATER RIGHTS, p. 190, § 135. protected as vested rights, when, id. MILL SITES, pp. 190-1, § 136. must be on non-mineral land, p. 190, id. should be recorded, id. when they pass by railroad grant, id. included lode, claimed adversely, may be abandoned, id. coal lands, timber culture act, pp. 190-1, id. LAND OFFICE REGULATIONS-From circular of April, 1879, MINERAL LANDS OPEN TO EXPLORATION, OCCUPATION AND STATUS OF LODE CLAIMS LOCATED PRIOR TO MAY 10, 1872, Land office decisions-Continued. PATENTS FOR VEINS OR LODES HERETOFORE ISSUED, p. rights of patentees enlarged by subsequent legislation, id. limitation of size of locations, pp. 111-12, id. record to follow discovery, pp. 112-13, id. TUNNEL RIGHTS, pp. 114-17, § 79. possessory right to blind lodes secured, p. 115, id. term "face" defined, survey and notice required, pp. 115- record of tunnel location required, p. 116, id. MANNER OF PROCEEDING TO OBTAIN GOVERNMENT TITLE TO VEIN OR LODE CLAIMS, pp. 117-21, § 80. survey required, p. 117, id. plats and field notes, copies filed, and posted on claim, pp. affidavits of claimants and witnesses, p. 118, id. abstract of record required-lost records, pp. 118-19, id. certificate of $500 expenditures, p. 120, id. affidavit of posting notice, payment for land, pp. 120-1, id. duties of register, recorder, and surveyor-general, id. where filed, when filed, affidavit, what must be shown, plat showing conflict, pp. 122-3, id. value of labor certified or sworn to, duties of register or receiver, p. 123, § 81. PLACER CLAIMS, pp. 124-6, § 82. proceedings to obtain patents for, survey, plat, p. 124, id. proof of improvements required, p. 125, § 82. including lodes, known or unknown, pp. 125-6, id. QUANTITY OF PLACER GROUND SUBJECT TO LOCATION, |