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6 3 Landowner, 196.

7 1 Landowner, 50.

8 1 Landowner, 66.

91 Landowner, 34; 2 id. 130.

§ 112. Same-Survey-Plat-Extent of claims.-The survey should show the exterior boundaries of the claim and the width shown by the plat should not exceed that allowed by the act of Congress, and the local laws, rules and customs of the state, territory or district. The end lines of a patent survey of a lode claim must be parallel, and where there is a conflict between the description by courses and distances, and that by tying to natural objects, the former must give way to the latter.2 The field work of such survey may be made at any time by a United States deputy surveyor,3 and where any material error occurs in the survey, the applicant should commence de novo by filing with the local land officers a corrected plat and field notes, and publish a notice as required in the first instance.4 An application for patent has the effect of withdrawing a claim from market, and no other survey of the same tract should be approved by the surveyor-general until the first application is approved of.5 But the mere approval of a survey does not have this effect unless followed by an application within a reasonable time. And parties desiring an order of survey of a claim already surveyed should file with the surveyorgeneral the register's certificate that no application is pending under the prior survey.7 The surveyor-general must order the survey of claims as originally located. He has no authority to determine conflicts between rival claims to the same ground.8 And it is his duty to assign and approve surveys in their regular order, regardless of conflicts.9 Placer claims embracing five acre lots are re

ired to be surveyed for patents.10 It is otherwise where e claims conform to the legal subdivisions of surveyed

lands.11 The act of the surveyor-general in approving a survey is not conclusive, as an appeal will lie to the commissioner of the general land office.12 Lode claims located since May 10, 1872, cannot exceed 600 feet in width. Whether they can equal that width depends upon local laws; but in no instance can they be limited by local laws or regulations to less than fifty feet in width, except where adverse rights render such limitation necessary.13 Claims located in Montana under the territorial act of December 26, 1864, are entitled to fifty feet of surface ground on each side, exclusive of the width of the lode.14 Placer claims, located prior to July 9, 1870, were regulated as to size by the local laws then in force. Subsequent to that date they cannot exceed 160 acres. Subsequent to May 10, 1872, they cannot exceed twenty acres to the individual, or 160 acres for an association of any number of individuals.15 Errors in the field notes of a deputy United States mineral surveyor should be corrected by himself. It is not proper that the register and receiver should make such corrections.16 Where a location of a placer claim by legal subdivisions would conflict with the rights of bona fide mineral, agricultural or other claimants on the same tract, this requirement is waived, otherwise it is mandatory where there has been a public survey of the land.17 Lode claims may not be patented on surveys triangular in shape, unless the lode runs into the acute angle, and then only to avoid conflict with prior rights. The end lines must be parallel, so as properly to limit the rights of owners, in following the dip between the extension of the end lines.18 The form of a claim must be substantially a parallelogram.19 All surveys of mining claims must be connected with some corner of a public survey, or with some mineral monument, or permanent natural object.20 Trees on the water's edge of streams will not be accepted as permanent natu

ral objects. The confluence of streams only serves as a point of reference to determine the situation of a mineral monument which has been erected in close proximity.21 Under the present law adjoining proprietors have no right to object, protest, file evidence or appeal on a mere question of survey, until the survey is offered as evidence in an application for patent.22 In applications for claims located under the act of July 26, 1866, the surveyorgeneral is instructed not to approve surveys without a certificate from the register that no adverse claims are pending. It is the duty of the register to determine the regularity of proceedings before him, subject to the right of applicants to appeal.23

1 Copp's Min. Dec. 191, 195, 223; id. 340.

2 3 Landowner, 82.

3 1 Landowner, 133.

4 Copp's Min. Dec. 193.

5 1 Landowner, 133.

6 4 Landowner, 34.

7 4 Landowner, 35; Sickels' Min. Laws, 104.

8 1 Landowner, 133.

9 Sickels' Min. Laws, 100-2-4-7.

10 Copp's Min. Dec. 200, 229.

11 Copp's Min. Dec. 200, 235.

12 1 Landowner, 133.

13 Copp's Min. Dec. 201.

14 3 Landowner, 67.

15 1 Landowner, 134; 5 id. 71.

16 5 Landowner, 162.

17 5 Landowner, 162.

18 5 Landowner, 178.

19 Sickels' Min. Laws, 37.

20 6 Landowner, 122.

21 Sickels' Min. Laws, 118, 22 Sickels' Min. Laws, 110. 23 Sickels' Min. Laws, 129.

§ 113. Instructions to deputy mineral surveyors. There commissioner is ex-officio surveyor-general, (1) Must make arrangements with claimant for pay

ment for services. (2) Begin surveys at some corner of public surveys, and run a line to a corner of claim designating it "Corner No. 1, beginning." (3) From corner No. 1, proceed with survey, giving courses and distances, establish a corner at each angle, and mark intersections with other surveys. (4) Describe corners fully. (5) The corner monuments will be marked 1, 2, etc., and with number of survey. (6) You will note all objects crossed by your lines, such as prior surveys, lodes, ditches, ravines or lines of public surveys. You will note all shafts, and their depths, adits, cuts, drifts, shaft-houses, mills, etc. (7) Report improvements with opinion of value; names of adjoining claimants, if any, and state quarter section, township and range; section lines on plat, black; quarter section lines red. Field notes on paper of uniform size. (8) Plats will be on paper, 12x16 inches in size, inside marginal line. Four plats and one copy of field notes to be transmitted to general land offiee for approval. The original field notes will be retained in the general land office, one copy of plat transmitted to register of land district; two plats and one copy of field notes returned to deputy for the applicant, who shall file one copy of plat on the claim, and file one plat and copy of field notes with the register and receiver, with his application. Forward with plat and field notes to general land office affidavits of two responsible parties that not less than $500 has been expended upon the claim in actual labor or improvements, specifying nature and extent of improvements. Corners and distances in field notes should correspond with those on the plat. (9) Coal lands, subject to sale only by legal subdivisions.1

1 Sickels' Min. Laws, 134.

§ 114. Expenditure for patent—The expenditure of the requisite amount ($500) to secure a patent should

appear on the plat and field notes of each application whether for lode claims, placer claims, mill sites, or lode claims and mill sites, these being the four classes of claims for which patents may issue under the mining law. But when the lode claim and mill site are included in one application, the expenditure is not required to be upon the mill site, but only upon the lode. And where the work is done in running a tunnel to develop a lode, it will be considered as done on the lode. Where two or more placer locations are contiguous, and are included in one application, whether by one person or an association of persons, it will be sufficient to show that the requisite amount of expenditure for labor or improvements has been made for the aggregate acreage at any one point.4 The $500 expenditure should be certified by the surveyor-general, and all improvements having a direct relation to the development of the mine may be taken as a basis for estimating their value.5

1 1 Landowner, 2.

2 1 Landowner, 2.

3 1 Landowner, 34; 6 id. 122.

4 1 Landowner, 134; 2 id. 114. 5 Sickel's Min. Laws, 631.

§ 115. Same-Proof-Witnesses-Affidavits.-Proof of improvement may be made by the affidavits of credible persons, who are sufficiently familiar with the claim to be able to testify to the necessary facts.1 The law provides no compulsory process to secure the attendance of witnesses; but no witness should be excluded on account of his interest in the result.2 Affidavits authorized under Section 2335 of the act of Congress of May 10, 1872, are required to be taken before an officer in the land district where the claim is situated.3 A deputy register or receiver is not such officer.4 A notary public is such officer,

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