Decisions of the Commissioner of the General Land Office and the Secretary ... - United States. General Land Office, Henry Norris Copp - Google Books

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Entered according to Act of Congress, in the year 1874,

BY A. L. BANCROFT AND COMPANY,

In the Office of the Librarian of Congress, at Washington.

CONTENTS.

PAGE

Witnesses and Testimony.

Every Person affected by a Decision should be heard..

Legality of Taxing Mining Claims while the Title is in the United States.

Assignment of Patents....

General Land Office cannot supervise or disregard Decisions of Courts.

Circular Instructions apply to all United States Mineral Lands..

Any Member of a Company may be Agent for all.....

Applicants for Patent must have the Local Possessory Right.

Patented Ground is Subject to Entry by Adjoining Proprietors..

Sulphur Springs are not regarded as Saline or Mineral...

Applicants for Different Lodes may be made Adverse Claimants to each

Local Laws Govern Purchase of Other Parties' Locations.

How an Adverse Claimant may protect his Rights..

Water Rights protected by Local Laws...

Register and Receiver's Fees for Affidavits, Certificates, and Other

The Owner of a Lode may follow it to any depth, although it may enter

the Land Adjoining

Proceedings when Duplicate Receiver's Receipt is Lost..

Sections Sixteen and Thirty-six, when Mineral in Character, do not pass

to the State of Nevada...

Purchase Money is refunded only when a Mistake has occurred..

Number of Feet on a Lode that may be located and purchased in New

Several Non-contiguous Tracts may be embraced in one Application for

Public Lands containing Minerals cannot be Leased.

Application of Reed and Sanders. Adverse Claim rejected because not

filed before the Surveyor-general's Approval of Survey..

Placer Claims on Surveyed and Unsurveyed Land..

Mineral Lands cannot be Approved as State Selections.

Placers must be treated as on Unsurveyed Land until Township Plat is

filed in Local Office.

Proceedings when an Error is discovered in Patent.

Right of Drainage and Easement Protected...

Foreign Corporations cannot assert an Adverse Claim to Unpatented

Ground, A Claim cannot be taken for the Miners' Relief and Ter-

ritorial Poor Fund...

Lien on Mines protected and strengthened by Patent..

Definition of "Rock in Place.".

Case of the New Idria Mining Company's Application for Patent for

Certain Mines in Fresno County, California

Local District Laws, in absence of State or Territorial Enactments, Gov-

ern Locations...

Cinnabar and Copper Deposits cannot be entered as Placers.

Disproving Mineral Character of Land for the benefit of Railroads..

Case of the Salt Lake Mining Company's Application for Patent for the

Flagstaff Mine, Salt Lake County, Utah

Legal Notice...

A Public Highway is not an Adverse Claim....

Exemplifications furnished to Interested Parties Only...

Proof as to Mineral or Non-Mineral Character of every Subdivision

required in Contests between Miners and Agriculturists...

After Entry is made, the Burden of Proof rests upon the Party alleging

the Mineral Character of the Land....

Auriferous Cement Claims are patented as Placers.

Uncontested Part of a Claim may be Patented..

Proceedings to Secure Patent for Claim previously relinquished

Only those showing an Interest in the Premises can Assert an Adverse

Adverse Claim Rejected because not properly made out..

A Special Clause Protecting Water Rights is Inserted in all Patents is-

sued for Lands in the Mining Regions

Patents Cannot be Issued conveying more than Three Thousand Feet of

Adverse Claim Rejected because Identity of Lodes was not alleged.... 83

Patent may be Delivered to Owner of the Mine, though he may not be

the Party named in the Patent

Patent Recalled only when Error has been made in Name or Description 88

Rights of Persons making Entry pending contest.

Proceedings in case of Special Agreement between Opposing Claimants.

Final Survey must Cover Ground applied for.

Agricultural Claimants are Entitled to full Protection.

After Disproving Mineral Character of Land, immediate Entry thereof

may be made, if there is no Contest

The Rule adopted in the Flagstaf Case Applied to an Adverse Claim,

while Suit was Pending in Court

Case of the Julia Gold and Silver Mining Company's Application for

Patent for certain Mines in Nevada.

The Keystone Case, involving the Right of the State of California to

School Sections which are Mineral in character.

An Adverse Claimant having Dismissed his Suit, cannot Delay Applica-

tion by Second Suit

When a Contested Case between Miners and Agriculturists may be re-

Satisfactory Evidence of the Agricultural Character of Land.

Mill Site must be Non-Mineral in Character.

Deputy Surveyors are not Authorized to Survey Claims Outside their

State or District.

Case of Agricultural versus Mineral Claimants. Mortgages given by

Construction of the Tenth Section of the Act of July 26, 1866..

Proof of Citizenship, in case Applicant's Father was a Naturalized Citi-

Annual Expenditure Required on all Claims until Patent shall have Is-

Mining Claims may be Patented when within Town Sites

New or Additional Evidence cannot be Submitted on Appeal to the Sec-

retary of the Interior

Expenses in Running a Mining Tunnel, before a Lode is 'Struck therein,

not tantamount to Expenses on the Lode

Diamond-Producing Lands may be Entered and Patented under the

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Definition of the Term Claim, as used in the Mining Statutes

The Year during which the Annual Expenditure must be made on Lo-

cations after May 10, 1872, begins from Date of Location ...

Miners to Prevent Agriculturists from Entering their Mining Claims

must show Compliance with the Local Laws and Customs

One Person may Secure Title to several Mining Claims..

mence Suit within thirty days.

Application allowed to Proceed because Adverse Claimant did not com-

Patent Issues to Assignee of Party making Entry

Mill Site Passes to Railroad, if Located after Land Inured to the road. 147

Proceedings in case a Mining Claim is not within any Mining District.. 147

Amicable Arrangement between Miners and Agriculturists for Segrega-

tion of Claims suggested..

New Trial must be granted unconditionally to warrant further Suspen-

Relative to Hearings held to determine the Character of Land in Dis-

pute. The Party upon whom the Burden of Proof Rests...

Proceedings to Cancel Patent issued to the Owners of the Wyoming

Lands adjudged Agricultural cannot be entered as Mineral, unless New

Developments or Discoveries are made thereon...

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What is Conveyed by a Patent..

Conflict between a Placer Mining Claim and a Townsite.

Eight Locators of Placer Ground may Convey to One Party, who can

Secure Patent for One Hundred and Sixty Acres..

Agricultural College Scrip is not Received in Payment for Mineral Lands 157

All Proof, except of Citizenship, must be made within the District where

the Land is Situated..

Where all but One of several Co-tenants withdraw Protest, the Courts

Applications in Case of Divided and Undivided Interests in Mining

Adverse Claim Rejected because not Sworn to within the District where

the Land is Situated...

Proceedings to have Patent issue to Party who buys Mine from Appli-

Clause inserted in Patents issued for Claims on or near the Comstock

Affidavits taken without Notice to the Opposing Party cannot be Con-

Before Patent is issued, Agricultural Entries may be cancelled to por-

tions embracing valid Mining Claims.....

Only One Hundred Feet Square of Placer Ground can be located, if

Local Laws allow no more..

Application Rejected because no Surface Ground was included.

How to count Sixty Days for Publication of Notice..

Application Rejected because within the Sutro Tunnel Grant, Nevada. 179

Papers filed in the Local Land Office must not be taken therefrom.... 181

Case of the Overman Silver Mining Company versus the Dardanelles

Mining Company, Nevada..

Official Letters to Registers and Receivers are United States Property.. 188

Case of the Santa Rita del Cobre Copper Mine, New Mexico..

Miners Claiming Adversely to Agriculturists may be Confined to Original

Adverse Claims must be filed with the Register and Receiver of the

Proper Land Office...

Adverse Claim Rejected because not made out in Proper Form.

Adverse Claim Rejected for Non-Compliance with Local Laws.

Absence of Local District Laws..

Construction given to the Tenth Section of Act of May 10, 1872.

Width of a Lode Claim. What a Patent Conveys..

Adverse Claim Rejected because filed against Three Applications.

Adverse Claim Rejected because no Interest Shown.

Application Rejected on account of Insufficient Notice..

Locations when a Vein exceeds Fifteen Hundred Feet in Length.

Mining Claims in Townsites.

Minerals in the Indian Territory.........

Minerals Discovered after Patent has Issued to Agricultural Claimant .. 208

Deposits of Fire Clay may be Patented

Claim Rejected because not Located in Accordance with Law. Instruc-

tions for Mining Claimants in Arizona..

Three hundred and twenty-seven acres of Placer Ground in One Entry 211

Courses and Distances must give way when in Conflict with Fixed Ob-

Mining Claim Fraudulently Entered by an Agriculturist.

Fraudulent Entry of Mineral Land by Agriculturists and Corporations 213

Iron Deposits must be Sold under the Mining Laws

Salt Springs Disposed of only by Special Acts of Congress

Tunnel Owners must use Diligence. No Specified Expenditure to Re-

tain Tunnel Rights..

Status of Mining Claims within Alaska Territory.

Number of feet of a Lode that could be Located in Colorado in October,
1864..

Adverse Claim Rejected because Suit was not Commenced in Court as

215

In taking Appeals, the Points of Exception must be stated

Adverse Claims must be Filed within the prescribed Time..

Comstock Lode---Bullion Mining Company v. 420 Mining Company.

The Non-Mineral Affidavit may be Sworn to by an Agent when the Prin-

cipal is not acquainted with the Land.

Applicants for Patents for Placer Land must present Proof that no

known Veins exist therein..

Certificates of Incorporation should be Filed with the Application of an

Incorporated Company. The several Papers to be made out in the

Names of the different Members of an Unincorporated Association 223

Surveys should Show the Exterior Boundaries of Claims, and embrace

only the amount of Surface Ground allowed by Local Laws....

Record Evidence cannot be Disregarded in Proving the Date of Loca-

tion of a Claim.

Proof required that Relocations are made in accordance with Legislative

or District Laws...

Lode Claim within a Placer Claim entered by another Party.

Railroad called upon to Relinquish Mineral Land inadvertently Patented 227

Cancellation of Entry made while Suit was Pending in Court..

Placer Claims embracing Five-Acre Lots must be Surveyed

After a Hearing and Entry by Agricultural Claimant, a Case cannot be

Re-opened on account of Minerals in the Land .

The First Applicant receive Patent for Conflicting Ground when Second

Application is made after Expiration of Publication of Notice...... 230

Proceedings when Suit has been decided in favor of Applicant for Patent 232

Copies of Deeds, or an Abstract of Title and Copy of Location to be

Filed with an Adverse Claim ...

Proceedings when the Affidavits of Parties who Posted Notice and Dia-

gram cannot be obtained..

Homestead Entries may be Cancelled any time before Patents issue, if

Valuable Mineral Deposits are shown to have been included..

Application for Patent Rejected because Notice was published in One

Paper Seven Weeks, and in Another Paper Two Weeks..

Size of Iron Ore Claims regulated by Local Laws, if Located Prior to

May 10, 1872...

Certificate of Improvements in case Placer Claims embrace Legal Sub-

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