except in case of notice to resident attorneys, when one day will be allowed.

Rule 98.-Notice of interlocutory motions and proceedings before the commissioner and secretary shall be served personally or by registered letter, and service proved as provided in rules 94 and 95.

Rule 99.-No motion affecting the merits of a case or the regular order of proceedings will be entertained, except on due proof of service of notice.

Rule 100.-Ex parte cases, and cases in which the adverse party does not appear, will be governed by the foregoing rules as to notices of decisions, time for appeal, and filing of exceptions and arguments, as far as applicable. In such cases, however, the right to file additional evidence at any stage of the proceedings to cure defects in the proof or record will be allowed.

Rule 101.-No person hereafter appearing as a party or attorney in any case shall be entitled to a notice of the proceedings, who does not at the time of his appearance file in the office in which the case is pending a statement in writing, giving his name and post-office address, and the name of the party whom he represents; nor shall any person who has heretofore appeared in a case be entitled to a notice, unless within fifteen days after being requested to file such statement he shall comply with said requirement.

Rule 102.-No person, not a party to the record, shall intervene in a case without first disclosing on oath the nature of his interest.

Rule 103.-When the commissioner makes an order or decision affecting the merits of a case, or the regular order of proceedings therein, he will cause notice to be given to each party in interest whose address is known.

ATTORNEYS.

Rule 104.-In all cases, contested or ex parte, where the parties in interest are represented by attorneys, such attorneys will be recognized as fully controlling the cases of their respective clients.

Rule 105.-All notices will be served upon the attorneys of record.

Rule 106.-Notice to one attorney in a case shall constitute notice to all counsel appearing for the party represented by him; and notice to the attorney will be deemed notice to the party in interest.

Rule 107.-All attorneys practicing before the general land office and department of the interior must first file the oath of office prescribed by section 3478, United States revised statutes.

Rule 108.-In the examination of any case, whether contested or ex parte, and for the preparation of arguments, the attorneys employed, when in good standing in the department, will be allowed full opportunity to consult the record of the case and to examine the abstracts, plats, field-notes, and tract books, and the correspondence of the general land office, or of the department, relative thereto, and to make verbal inquiries of the various chiefs of divisions at their respective desks in respect to the papers or status of said case; but such personal inquires will be made of no other clerk in the division except in the presence or with the consent of the head thereof, and will be restricted to the hours between 11 A. M. and 2 P. M.

Rule 109.-Any attorney detected in any abuse of the above privileges, or of gross misconduct, upon satisfactory proof thereof, after due notice and hearing, shall be prohibited from further practicing before the department.

Rule 110.-Should either party desire to discuss a case orally before the secretary, opportunity will be afforded at the discretion of the department, but only at a time specified by the secretary, or fixed by stipulation of the parties with the consent of the secretary; and in the absence of such stipulation, on written notice to opposing counsel, with like consent, specifying the time when argument will be heard.

Rule 111.-The examination of cases on appeal to the commissioner or secretary will be facilitated by filing in printed form such arguments as it is desired to have considered.

DECISIONS.

Rule 112. Decisions of the commissioner not appealed from within the period prescribed become final, and the case will be regularly closed.

R. S. 2273.

Rule 113.-The decision of the secretary, so far as respects the action of the executive, is final.

Rule 114.-The preceding rules shall take effect on the first day of February, 1881.

None of the foregoing rules shall be construed to deprive the secretary of the interior of the exercise of the directory and supervisory powers conferred on him by law.

§ 552.

§ 553.

Written Notice to be Posted, and Boundary Lines Marked.
Notice and Affidavit.

§ 556. Manner of Proceeding to Obtain Title.

$556 a. Surveys, how Made.

§ 557. Surveys and Notice to be Posted on Claim.

§ 558.

§ 559.

§ 560.

Copy of Notice, Affidavit, and Field-notes to be Filed with
Register and Receiver.

The Affidavit or Sworn Statement.

Abstract of Title.

§ 561. Lost Reco ts.

§ 577. When a Placer Claim Includes a Vein or Lode.

§ 538. Manner of Location.-From and after the tenth of May, 1872, any person who is a citizen of the United States, or who has declared his intention to become a citizen, may locate, record, and hold a mining claim of fifteen hundred linear feet, along the course of any mineral vein or lode subject to location; or an association of persons, severally qualified as above, may make joint location of such claim of fifteen hundred feet; but in no event can a location of a vein or lode made subsequently to May 10, 1872, exceed fifteen hundred feet along the course thereof, whatever may be the number of persons composing the association.

§ 539. Side and End Lines.-With regard to the extent of surface ground adjoining a vein or lode, and claimed for the convenient working thereof, the revised statutes provide that the lateral extent of locations of veins or lodes made after May 10, 1872, shall in no case exceed three hundred feet on each side of the middle of the vein at the surface, and that no such surface rights shall be limited by any mining regulations to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth of May, 1872, may render such limitation necessary; the end lines of such claims to be in all cases parallel to each other. Said lateral measurements can not extend beyond three hundred feet on either side of the middle of the vein at the surface, or such distance as is allowed by local laws; for example, four hundred feet can not be taken on one side and two hundred feet on the other. If, however, three hundred feet on each side are allowed, and by reason of prior claims but one hundred feet can

be taken on one side, the locator will not be restricted to less than three hundred feet on the other side; and when the locator does not determine by exploration where the middle of the vein at the surface is, his discovery shaft must be assumed to mark such point.

§ 540. Local Rules and Regulations.-By the foregoing it will be perceived that no lode claim located after the tenth of May, 1872, can exceed a parallelogram fifteen hundred feet in length by six hundred feet in width, but whether surface ground of that width can be taken depends upon the local regulations or state or territorial laws in force in the several mining districts; and that no such local regulations or state or territorial laws shall limit a vein or lode claim to less than fifteen hundred feet along the course thereof, whether the location is made by one or more persons, nor can surface rights be limited to less than fifty feet in width, unless adverse claims existing on the tenth day of May, 1872, render such lateral limitation necessary.

§ 541. Notice of Location.-It is provided by the revised statutes that the miners of each district may make rules and regulations, not in conflict with the laws of the United States, or of the state or territory in which such districts are respectively situated, governing the location, manner of recording, and amount of work necessary to hold possession of a claim. They likewise require that the location shall be so distinctly marked on the ground that its boundaries may be readily traced. This is a very important matter, and locators can not exercise too much care in defining their locations at the outset, inasmuch as the law requires that all records of mining locations made subsequent to May 10, 1872, shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located, by reference to some natural object or permanent monument, as will identify the claim.

$542. Recordation of Notice.-The statutes provide that no lode claim shall be recorded until after the discovery of a vein or lode within the limits of the ground claimed; the object of which provision is evidently to prevent the incumbering of the district mining records with useless locations before sufficient work has been done thereon to determine whether a vein or lode has really been discovered or not. This provision has given rise to very important litigation, which is considered under the title, "Mining Laws in Courts."

§ 543. Work on Claim before Recordation of Notice.-The claimant should, therefore, prior to recording his claim, unless