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

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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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