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Proceedings when the Affidavits of Parties who Posted Notice and Diagram cannot be Obtained.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., Nov. 4, 1873. Register and Receiver, Central City, Colorado;

GENTLEMEN: The applicant for patent for the Fingel lode, Griffith mining district, Colorado, informs this office that he is unable to furnish the affidavits of the parties who posted the notice and diagram upon said lode, one being dead, and the other having left the district.

Mr. Brown informs this office that he can furnish the affidavits of responsible and credible persons who are cognizant of the facts, that such notice and diagram were duly posted upon the claim, and that the same remained posted for the period of time required by law.

In view of the circumstances of this case, you will receive the affidavits of at least two credible persons, in proof of such posting, who are cognizant of the facts. This is not to be treated as a precedent in other cases.

Very respectfully,

Your obedient servant,

WILLIS DRUMMOND, Commissioner.

Homestead Entries may be Canceled any Time Before Patents Issue, if Valuable Mineral Deposits are Shown to have been Included.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D,C., Nov 11, 1873.

P. B. SIBLEY, Esq., Seneca, Missouri:

SIR: Referring to your letter of the thirteenth ult., I have to state, that where lands containing valuable mineral deposits have been included in a homestead entry, said entry will be canceled at any time prior to issuance of patent, upon satisfactory evidence of the existence of such valuable deposits.

În case mineral deposits are discovered after the patent has issued to a party claiming under the laws regulating the disposal of agricultural lands, they pass with the patent, and this office has no further jurisdiction in the matter, the lands no longer being a part of the public domain.

Very respectfully,

Your obedient servant,

WILLIS DRUMMOND, Commissioner.

Proceedings in case Notice was Published in one paper Seven Weeks, and in another paper Two Weeks.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, Nov. 12, 1873.

Register and Receiver, Sacramento, California:

GENTLEMEN: This office has examined the papers in case. of the application of Michael McBride for patent for the Secret Cañon quartz mine, California.

It appears that this application for patent was filed in your office, on the third October, 1872, and that thereupon the Register ordered the notice of such application to be published for the period of sixty days, in the Stars and Stripes, a newspaper published at Auburn, California.

By the affidavit of John R. Winders, it appears that said notice was published in the Stars and Stripes, for the period of forty-nine days, to wit: from the tenth October to the twenty-eighth November, 1872.

It appears that the same notice was published in the Placer Herald, a newspaper published at Auburn, California, from the seventh to the fourteenth day of December, 1872.

The mining act of May 10, 1872, makes it the duty of the Register of the land office, upon the filing of an application for patent for a mining claim, to "publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by him designated as published nearest to said claim."

In the case under consideration, the notice was published in one paper for a portion of the sixty days, and in another paper the notice was published fourteen days.

This office is only authorized to issue patents for mining claims, in cases where the mining acts have been strictly complied with.

The mining act provides that the notice shall be published in a newspaper to be designated by the Register as published nearest to the claim, in order to give all parties proper and sufficient notice that such application has been made, to the end that persons holding interests which would be adversely affected by the issuance of the patent as applied for, may file adverse claims, if they desire to do so.

The notice of intention to apply for a patent in this case, was not published in accordance with the law, and no patent can issue upon the application as it now stands, and said application is accordingly rejected.

You will inform the applicant that it will be necessary for him to commence de novo, and proceed with his application, in accordance with the law and instructions. Of course, no new survey will be required.

Very respectfully,

WILLIS DRUMMOND, Commissioner.

1

Size of Iron Ore Claims Regulated by Local Laws, if Located Prior to May 10, 1872.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., Nov. 18, 1873. SILAS REED, Esq., Surveyor-general, Wyoming :

SIR: In your letter of the thirteenth ultimo, you state that Mr. Thomas Ogg Shaw holds by purchase a tract of land containing a valuable deposit of iron, and that the claim is a vein or lode claim, and ask how it will be necessary for Mr. Shaw to proceed to obtain government title to said mine.

Lands containing valuable deposits of iron can only be entered and patented under the mining acts of Congress. The proceedings to obtain patent for a vein or lode of quartz, or other rock in place, bearing iron, are the same as those required in cases of applications for patents for lodes or veins bearing gold, silver, copper, etc., as fully set forth in the inclosed circular of June 10, 1872, paragraphs 27 to 43 inclusive.

If the claim was located prior to May 10, 1872, the size of the claim, both as regards the length and width, is regulated by the local laws, customs, and rules. If the claim was discovered since May 10, 1872, the size of the claim is limited by the act bearing date the tenth May, 1872.

Very respectfully, etc.

WILLIS DRUMMOND, Commissioner.

Certificate of Improvements in case Placer Claims embrace Legal Subdivisions.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., November 20, 1873. Register and Receiver, Fairplay, Colorado:

GENTLEMEN: In reply to your letter of the eleventh inst., I have to state that where a placer claim is situate upon surveyed lands, and conforms to legal subdivisions thereof, no survey or plat is required of the claim, and proof of improvements may consist of affidavits of parties who are familiar with the claim, and who can testify understandingly in regard to the character and amount of improvements.

Very respectfully,

W. W. CURTIS, Acting Commissioner.

APPENDIX.

CIRCULARS AND FORMS.

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