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Tunnel Locations Cannot be Patented.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., April 15, 1873. General GEORGE P. IDRIE, P. O. Box, 2050, San Francisco, California:

SIR: In reply to your letter of the first ultimo, I have to state that there is no provision of law for patenting tunnel locations.

Such lodes, however, as are discovered in running a tunnel, may be patented, upon full compliance with the law. * * Very respectfully, etc.,

WILLIS DRUMMOND, Commissioner.

Surveyor-general's Certificate on Plats of Mill-Sites. DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, WASHINGTON, D. C., April 16, 1873. JAMES K. PROUDFIT, Esq., Surveyor-general, New Mexico: SIR: In your letter of the second instant, you inquire whether the certificate of the Surveyor-general, attached to the plat of a mill-site claim, should state that five hundred dollars worth of labor has been expended on improvements made upon said mill-site.

The certificates attached to plats of either lode claims, placer claims, or mill-sites, should contain the clause in regard to the value of improvements upon such claim.

Very respectfully, etc.,

WILLIS DRUMMOND, Commissioner.

Proceedings when Error is Discovered in Survey. DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, April 17, 1873.

JOSIAH DARTT, Esq., Boulder, Colorado:

** *

SIR: Referring to your letter of the twenty-third ultimo, I have to state that the mining act of May 10, 1872, section six, requires an applicant for patent to file with his application "a plat and field notes of the claim * made made by or under the direction of the United States Surveyor-general, showing accurately the boundary of the claim" for which patent is desired.

Upon a full compliance with the law and instructions, patent will issue for the premises described in said plat and field notes, if no adverse claim has been interposed.

Where any material error occurs in the survey of a mining claim, so as to mislead parties who may have a right to file adversely, or not to apprise them of the exact boundaries, extent, nature and location of the claim, the applicant should commence de novo, by filing with the local land officers a plat and field notes, showing accurately the boundaries of the claim," and publish a notice accurately describing the claim, for the patent when issued must conform to and agree with the description as given in the plat and field

notes.

"

Very respectfully, etc.,

WILLIS DRUMMOND, Commissioner.

Borax Deposits Patented as Placers.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., April 18, 1873. Register and Receiver, Los Angeles, Cal.:

GENTLEMEN Referring to your letter of the fourth instant, I have to state that lands containing valuable deposits of borax cannot be entered under the agricultural laws of Congress.

Such lands may be entered, however, under the act of July 9, 1870, and the act of May 10, 1872, upon full compliance with the law and instructions; both of these laws providing for the patenting of lands claimed and located for valuable deposits."

The proceedings required will be the same as are required in case of applications for patents for placer mines.

Very respectfully, etc.,

WILLIS DRUMMOND, Commissioner.

Adverse Claims must be Filed with the Register and Receiver of the proper Land Office.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., April 18, 1873. JOHN H. MCMURELY, Esq., Lancaster, Penn.:

SIR: Referring to your communication of the twentysixth ultimo, inclosing your affidavit in regard to the applications for patents for the Unicorn and Bellwether lodes, Colorado, and requesting time to file adverse claims against said applications, I have to state that the mining act of May 10, 1872, requires that all adverse claims to applications for patents for mining claims shall be filed with the

Register and Receiver of the proper land office, within the sixty days publication of notice required by law. I therefore return the adverse claim referred to.

Very respectfully,

WILLIS DRUMMOND, Commissioner.

Adverse Claim Rejected because not made out in Proper Form.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., May 1, 1873. Register and Receiver, Salt Lake City, Utah:

GENTLEMEN: The papers transmitted with your letter of the eighteenth of February last, in case of the application of Moses Hirschman and William Ottenheimer for patent for fifteen hundred linear feet of the War Eagle mine, American Fork mining district, Utah, have been examined.

On the fourteenth of November, 1872, Moses Hirschman and William Ottenheimer filed in your office an application for patent for 1500 linear feet of the War Eagle mine, the locus and boundaries thereof being fully set forth in the notices and diagrams posted upon the claim and in the office of the Register.

Notice

of intention to apply for a patent was published for the full period of time required by law, in the Utah Mining Journal.

The abstract of title on file with the case shows that the applicants for patent have the record title to 1500 linear feet of said mine, by purchase from the original locators and their grantees.

It appears that a greater width of surface ground is embraced in said application for patent than the local law allows. If this be true, the width of the claim must be diminished to conform to the local law before entry.

The applicants also filed proof of citizenship and proof of compliance with the law and instructions of this office. On the eleventh of January, 1873, A. H. Huyett filed in your office an adverse claim to said application. This adverse claim is informal, and insufficient to suspend proceedings upon said application for patent, for the following

reasons:

Said adverse claim is not made out in the form prescribed by the act of May 10, 1872, and the instructions of this office thereunder.

The seventh section of the mining act of May 10, 1872, declares, "that where an adverse claim shall be filed during the period of publication, it shall be upon the oath of the person or persons making the same, and shall show the

nature, boundaries and extent of such adverse claim,” etc. The instructions of this office contained in circular of June 10, 1872, paragraph forty-nine, require that, "in order that the 'boundaries' and 'extent of the claim may be shown, it will be incumbent upon the adverse claimant to file a plat showing his claim and the relative situation, or position, with the one against which he claims, so that the extent of the conflict may be the better understood. This plat must be made from an actual survey by a United States deputy surveyor, who will officially certify thereon to its correctness, and in addition there must be attached to such plat of survey, a certificate, or sworn statement, by the surveyor as to the approximate value of the labor performed or improvements made upon the claim of the adverse party," etc.

The record does not show that any survey was made of the premises claimed adversely.

A diagram or plat was filed which it appears was not "made from an actual survey by a United States deputy" or other surveyor. There is no certificate or sworn statement attached to said plat or diagram signed by a deputy or other surveyor as to the correctness thereof.

There is no "certificate or sworn statement by the surveyor as to the approximate value of the labor performed, or improvements made upon the claim of the adverse party, either attached to said plat, or on file with the case.

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In short, there is nothing in the record to show that the adverse claimant has complied with the law and instructions, requiring him to have an actual survey of the premises made.

To entitle parties to have their adverse claims considered, they must comply fully with the law and instructions, as set forth in circular of June 10, 1872.

Mr. Huyett filed copies of deeds from John T. Lynch, et al., which show that the grantees conveyed by quitclaim deeds to Mr. Huyett, whatever right, title, or interest they may have had in the Crusade mine, but no abstract of title is on file showing when the Crusade mine was located, the number of locators, the extent of such location, or that said Lynch et al. had any interest in the mine whatever.

The adverse claimant having failed to comply with the law and regulations, requiring him to show, under oath, the nature, extent, and boundaries of his adverse claim, and, therefore, having failed to make out a case showing a formal conflict with the claim of Hirschman and Ottenheimer, the law does not authorize a suspension of proceedings.

Where parties applying for patents for mining claims strictly comply with the law and instructions, this office is not authorized to suspend proceedings upon their said ap

plications, at the instance of parties who comply with neither the law nor instructions.

The application of Messrs. Hirschman and Ottenheimer will therefore be taken up in its regular order, and disposed of as though no attempt had been made to file an adverse claim.

You will allow Hirschman and Ottenheimer to proceed. with their application, and make entry of the premises as applied for.

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

Very respectfully, etc.

WILLIS DRUMMOND, Commissioner.

[NOTE.-May 13, 1873, a telegram was sent to the Surveyor-general of Utah, at Salt Lake City, to "make new plat and field notes of War Eagle mine, in conformity with decision sent Register and Receiver the first instant."]

Adverse Claim Rejected for Non-Compliance with Local Laws.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., May 6, 1873.

Register and Receiver, Salt Lake City, Utah:

SIR: On the fifteenth 1871, Archibald Livingston, John M. Moore, and Levi B. Clements filed in your office an application for patent for fourteen hundred linear feet of the Wandering Boy lode, situate in Big Cottonwood mining district, Salt Lake County, Utah.

Copies of the notice and diagram were posted upon the claim, and in the office of the Register for the period of ninety days, and a copy of the notice of intention to apply for a patent was published in the Salt Lake Review, on the fifteenth August, 1871, and thereafter for the period of time required by law.

The applicants for patent filed several affidavits, to the effect that said applicants are citizens of the United States, that more than two thousand dollars have been expended upon said claim; that the claimants are in the peaceable possession of said mine, and have occupied and possessed the same in accordance with the mining customs for a period of fifteen months. They also filed a certified copy of the notice of location from the office of the District Recorder, which shows that L. B. Clements and six others located fourteen hundred linear feet of the Wandering Boy mine, on the sixth August, 1870, and that the record title to the whole fourteen hundred feet thus located is now in the applicants for patent.

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