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1 Copp's Land Owner i (1874-1875)

handle is hein.journals/coplndow1 and id is 1 raw text is: S U [ P : I IEN T TO THE LAND OWVNER DIGEST OF DECISIONS AND INSTRUCTIONS IN VOLUME 1, 1874-1875. MINES AND MINERALS. Amount of expenditure upon the several classes of claims under the mining statutes that should be shown upon the plat and field-notes of survey .................. 2 Where a mill-site is applied for in connection with a lode claim, the $500 expenditure is not required to be upon the mill-site, but upon the lode claim only. The $500 expenditure must be shown upon the plat and field-notes of each of the four classes of claims contemplated by the mining statutes. The Dutch Flat Cafion placer claim taken up for patenting, notwithstanding the patent covering the mine issued to the Central Pacific R.R. Co. was not relinquished. 2 Where a mine has been erroneously patented to a railroad company, and the company does not relinquish the land when called upon, a patent will be granted for the mining claim as though no prior patent had been issued. Sev'i'al lodes in one application..... 2 Several lode claims in the same neighborhood may be embraced in one applicatioa for patent, but each tract must be surveyed separately, notice posted on each, and after proving that no other veins exist therein, furnish record-title to all the lodes, upon each of which $500 must have been expended. State of Nevada and C. P. R.R. Co. vs. Surveyor's Mineral Return ........ 18, 114 Under the act of July 26, 1866, the Secretary of the Interior is authorized to designate as agri- cultural only such land as is shown ttbe prop- erly and clearly agricultural. Proof that no paying mines have been discovered thereon is not sufficient. When the first annual expenditure on mines must be made- ..... ....--. .18 Annual expenditure on placer claims is not required by the act of May 10, 1872 18 Land containing salt springs and valua- ble deposits of salt may be patented under the act of May 10, 1872 .. .......... 19 John Tiernan et ad. vs. the Salt Lake Mining Company ................... 25 An adverse claim to be considered must be filed within the period of publication of notice. A party injuriously affected by an application under act of July 26, 1866, may appear at any time before paten t and call attention to the fact that the record shows that the applicant has no right to the premises included in his final sur- vey. Patent will issue to Tiernan et at. for the portion of the premises now patented to which they have a superior right, reciting therein the fact that a former patent had inadvertently issued must be made in only one newspaper, for the therefor to the Salt Lake Mining Company. period of sixty days. Jno. 1H. McMurdy et al. vs. Eli S. Streeter S S.* Turner, town site owner, vs. Lang & Colbey, applicants for patent for the Fair- and Thomras -.nctuniff, Colorado ...... 3 Under the mining act of May 10, 1872, a protest view mine. California.................51 to be considered must be sworn to before an Jefferson Mining Company vs. Pennsyl- officer authorized to administer oaths in the vania Mining Company, California .... 66 land district where the claim is situated. Under the act of May 10, 1872, the application Contestants, notwithstanding default in making for patent must be sworn to by the party to it, protest, may be considered as parties to the and in estimating the sixty days of publication contest for the purpose of showing from the of notice the first day must be excluded. record that the claimants have not complied The papers in an adverse claim once filed cannot with the requirements of the above act. be withdrawn, but become part of the record. The publication of notices in mining cases may A party desiring to withdraw his opposition to be in newspapers published weekly, but must an application for patent should file a written cover the full period of sixty days. A pub- statement to that effect with the local officers. lication in a weekly paper for nine successive s weeks (nine insertions) is not a publication . G. B. Woo- and others vs. Jordan W. for the period of sixty days. Hyde, Montana ...................... 66 Letter to Andrew 1. Stewart. 0.34 An adverse claimant who dismisses his suit, commenced within the period allowed, cannot Iron claims may be patented under the mining delay an application for patent by commenc- statutes as vein and placer claims, ing a second -uit after the expiration of such Letter to Thomas J. Read............. 34 time. - The annual expenditure under the act of -May 10, Application of the Fairmount G. & S. 1872, is required until a patent shall have M'g Co. for patent for the Fairmount lode been issued. and mill site ................ .... 82 Letter to E. D. Coleman ............ 34 An applicant for patent under the mining laws Work done on a tunnel, run to develop a particu- may abandon from his application the portion lar lode, is considered as done on the lode. adversely claimed by another party, and after The required expenditures maybe made from survey receive a patent for the part not in the surface, or in running a tunnel for the controversy. purpose of developing a lode. Application of Samuel Watson et al. for Application of Joseph R. Walker et al. to patent for the Seven-Thirty lode, Colo- have proceedings instituted by the United rado ...............................82 States to set aside the patent issued to The examination of an application for patent under the mining laws should proceed beyond Norris W. Mundy and Allen Schenck for the the papers filed in the case, and into those Highland Chieftine, Utah --------...... 43 general records of the General Land Office J. Warren Brown vs. John B. Lewis, ap- which evidence the final disposition made of plicant for patent for Cascade lode - . 50 the public domain; and if it is found that Application for patent under the act of May any part of the premises applied for have been 10, 1872, rejected because- previously disposed of, an express exception 1st. The notice was published without the knowl- thereof should be inserted in the subsequent edge of the register. patent. 2d. The notice was not published in a news- Letter to Messrs. Haydon & Gilchrist, paper designated as published nearest the relative to a compromise ............. 83 claim. Proceedings in case of compromise between two 3d. The record titlewas found defective; and- conflicting applications for patents under the 4th. A previous application had been made for mining laws. the same premises, which was withdrawn Application of William A. Hamill for pending a suit in court commenced by the ad- pplcaton verse claimant. patent for the Silver Ore lode, Col- rado ............................... 83 List of townships relieved from suspen- Held that a lode located under the act passed by sion in the Pueblo land district, Colorado, the Colorado legislature Feb. 9, 1866, was lo- and instructions relative thereto...... 50 cated prior to July 26, 1866, if discovered prior thereto, and the local laws were fully com- Application for patent for the Northern plied with, notwithstanding the record there- Light and Fairview mines, Utah 50 of was not made until subsequent to the pas- Publication of notice in mining applications sage of the act of Congress of July 26, 1866.

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