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[INCLOSURE.]

DEPARTMENT OF JUSTICE,

WASHINGTON, D. C., January 14th, 1873. Hon. B. R. COWEN, Acting Secretary of the Interior:

SIR: I have the honor to acknowledge the receipt of your letter of the eleventh ultimo, inclosing a copy of one from the Commissioner of the General Land Office, in relation to the improper issue of a patent for certain mineral lands in Utah Territory; and in compliance with your request, I have given such instructions as were necessary to the U. S. Attorney for Utah to have said patent set aside.

Very respectfully,

GEO. H. WILLIAMS, Attorney-general.

Request to file Caveat against issuing Patents Denied. DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., Dec. 16, 1872. JOHN S. HAUKE, Washington, D. C.:

SIR: Referring to your letter of the ninth instant, requesting "that a caveat may be entered against the issuing of a patent on the Lavinia lode," etc., I have to state that on the sixth instant, this office rendered a decision in the matter of the application of the Salt Lake Mining Company for patent for the Lavinia lode, Utah, rejecting the adverse claim asserted by John Tiernan, et al., for the reason that the same was not filed with the local land officers until more than two years had elapsed after the filing of said application.

The Honorable Secretary of the Interior, in case of the Flagstaff lode, decided that all adverse claims must be filed within the ninety days publication required by law, and that upon "the expiration of the ninety days, immediately upon its expiration, the very next day thereafter, if there have been no adverse claims filed, the claimant shall have the right to apply to the Surveyor-general for a survey, and upon its being approved and the land paid for, and the proper papers forwarded to the Commissioner he shall be entitled to his patent."

In case of the Lavinia lode not only had the "ninety days" expired, but more than two years had elapsed from the filing of said application to the time when said objections were filed to the issuance of a patent as applied for.

Under said decision whatever objections third parties desire to make to the issuance of a patent for a mining claim, must be filed with the Register and Receiver within said ninety days; at the expiration of that time, if no adverse

claim has been filed, the matter is solely between the United States and the applicant for patent.

In view of these facts your request is denied, and the case will be examined upon its merits.

Very respectfully,

WILLIS DRUMMOND, Commissioner.

What is Conveyed by a Patent.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., Dec. 26, 1872. Hon. J. B. BELFORD, Central City, Colorado:

SIR: Referring to your letter of the 5th instant, inclosing a copy of your recent decision in case of the International Mining and Exchange Company's claim upon the Hercules lode, and your letter of the 9th instant, giving your views upon the construction of the Mining act of Congress, I have to state, that the second section of the act of Congress, approved July 26, 1866, authorized the issuance of patents for veins or lodes of quartz, or other rock in place, to parties who had complied with that act and the local rules or customs, which patent conveyed to the grantee by the express provisions of the law, the "mine, together with the right to follow such vein or lode with its dips, angles and variations to any depth, although it may enter the land adjoining," etc.

And in accordance with the provisions of said act, every patent issued thereunder, expressly conveyed to the patentee the surface ground embraced by the exterior boundaries of the survey of his claim, together with the right to follow the vein or lode along the course to the number of feet expressed in the patent, with its dips, angles and variations to any depth, although the lode should, in its dip or course, leave the surface ground patented and enter the land adjoining.

This has been the uniform construction given to this section of the act of July 26, 1866, by this office. By the act of July 26, 1866, the grant was restricted to one vein or lode.

On the 10th May, 1872, Congress passed a new mining act and repealed said section two of the act of 1866, expressly declaring, however, in the ninth section thereof, that such repeal shall not affect existing rights," and again, in the twelfth, "nor shall this act affect any right acquired under said act" of July 26, 1866, and to impress this point more fully, the same idea is again repeated in the sixteenth section, where it declares that "nothing in this act shall be construed to impair in any way rights or interests in mining property acquired under existing laws."

Where the application for patent was pending under the act of July 26, 1866, on the 10th day of May, 1872, none of the rights which the applicant had acquired by virtue of compliance with said act of 1866, were affected or impaired in any way; one of the rights which had been acquired by such compliance with said act, was the right to follow the vein or lode, with its dips, angles, and variations, along the course thereof, and to any depth, although it may enter the land adjoining, and all patents issued since the 10th day of May, 1872, upon applications pending at that time expressly convey to the patentee:

First. The surface ground embraced by the interior boundaries of the survey.

Second. The right to follow the vein or lode named in the patent to the number of feet patented, although it may depart from the land embraced in the survey of the surface and enter the land adjoining.

Third. All other veins, lodes or ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such other veins, lodes or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of said surface location, provided, that their right of possession to such outside parts of such other veins, lodes or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward, as aforesaid, through the end lines of their locations so continued in their own direction, that such planes will intersect such exterior parts of such veins, lodes or ledges; no right being granted, however, to the claimant of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another.

In brief, the act of 1866 authorized the issuance of patents to parties who had complied with the law and the local or district regulations, which patent granted the right to follow the particular vein patented for the number of feet expressed in the patent.

The act of May 10, 1872, enlarging these rights, and in the applications for patents pending at the date of the passage of said act, to wit, May 10, 1872, authorized the issuance of patents upon such application, which patents, in addition to granting to the patentee the right to follow the particular vein or lode along its course, although it may enter the land adjoining, to the number of feet expressed in the patent along the course thereof, and to any depth. Also give such patentee the right to follow all other veins, lodes or ledges, the top or apex of which lies within the exterior boundaries, if the same were not adversely claimed

on the tenth May, 1872, only to such an extent, however, along the course thereof as may be embraced by such external boundaries, but to any depth; and, furthermore, said act grants the exclusive right of possession to the surface-ground embraced by such survey.

Very respectfully, your obedient servant,

WILLIS DRUMMOND, Commissioner.

Wherein an Adverse Claim Cannot be Amended. DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., Jan. 14, 1873.

A. J. RIDGE, Esq., Grass Valley, California:

SIR : * * * Adverse claims filed after the expiration of the time prescribed by the statute, cannot be considered. When an adverse claim has been filed, the same cannot be amended, so as to embrace a larger portion of the premises applied for than that described in the original adverse claim.

Very respectfully, etc.,

WILLIS DRUMMOND, Commissioner.

Conflict between a Placer Mining Claim and a Town Site. DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, WASHINGTON, Jan. 21, 1873.

Register and Receiver, Sacramento, California:

GENTLEMEN: In your letter of the seventh September last, you state that on the tenth October, 1871, Charles Nagler et al., filed in your office an application for patent for a placer claim, situate in section 13, T. 12, N. R. 9 E., and section 18, T. 12 N. R. 9 E., Mt. Do. Mer., and that on the thirteenth of the same month, Charles F. Irwin, County Judge of El Dorado County, California, filed with you his D. S. No. 3173, claiming certain lands as a town site, in trust for the inhabitants of the town of Greenwood, about thirteen acres of which is embraced by the said application of Nagler et al.

In view of these facts, you ask if said applicants will be allowed to make entry of their said mining claim.

The town-site act of March 2, 1867, expressly declares "that no title shall be acquired under the provisions of this act, to any mine of gold, silver, cinnabar, or copper," and the act of June 8, 1868, declares that "no title under said act of March two, eighteen hundred and sixty-seven, shall be acquired to any valid mining claim or possession held under the existing laws."

If, therefore, Nagler et al. have a bona fide mining claim, which they hold by virtue of compliance with the local laws and regulations and the Congressional enactments, situate within the exterior boundaries of the premises embraced by said town-site application, they will be allowed to enter the same, upon full compliance with the law and instruc

tions.

You will inform all persons in interest, and acknowledge the receipt hereof.

Very respectfully, your obedient servant,
WILLIS DRUMMOND, Commissioner.

Eight Locators of Placer Ground may Convey to One Party, who can Secure Patent for One Hundred and Sixty Acres.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., Jan. 22, 1873. Register and Receiver, Le Grand, Oregon:

GENTLEMEN: Referring to your letter of the tenth ultimo, I have to state, that if eight bona fide locators, each having located twenty acres, in accordance with the congressional laws and with the local rules and regulations, should convey all their right, title and interest in said locations to one person, such person might apply for a patent for the whole one hundred and sixty acres thus located.

In which event it would be necessary for said applicant to file with you copies of the original notices of location, and an abstract of title from the office of the proper Recorder, showing the record title to the premises claimed to be in the name of the applicant.

Very respectfully, etc.,

W. W. CURTIS, Acting Commissioner.

Agricultural College Scrip is not Received in Payment for Mineral Lands.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., Jan. 30, 1873. Register and Receiver, Fairplay, Colorado Territory:

GENTLEMEN: * * * In this connection I would state, that Agricultural College Scrip cannot be used in payment for mineral land; and in all cases where you have received the same in payment for mining claims, you will call upon the applicants to pay the amount required in cash, and return the scrip to the parties from whom you received it.

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Very respectfully, etc.,

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WILLIS DRUMMOND, Commissioner.

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