and a certificate under his official seal is sufficient evidence of his authority.5 And it is sufficient that he is authorized to administer oaths within the district, though the official act may take place without the district, if still within his jurisdiction.6 An incorporated mining company may verify an application through its officers or authorized agents.7 The president of the company, in making such affidavit in his official capacity, need not furnish a certificate of his election as such officer.8 The non-mineral affidavit required in agricultural entries may be made by an agent, upon filing his authority to act in the premises, and furnishing proof that his principal is not personally acquainted with the land.9 But in contests as to the character of land, affidavits, taken without notice to the opposite party, and without opportunity to appear and cross-examine, will not be received in evidence.10 In the absence of adverse claims the applicant for patent may substitute valid for defective affidavits.11 But it has been held that an affidavit made in Boston before a commissioner for the State of Nevada would not be sufficient, as not being made before an officer whose jurisdiction included the district.12

1 Copp's Min. Dec. 235.

2 Copp's Min. Dec. 16.

31 Landowner, 34. The following is the full text of an act of Congress, passed on the 31st of March, 1882:

"A BILL TO AMEND SECTION TWENTY-THREE HUNDRED AND TWENTY-SIX, OF THE REVISED STATUTES, IN REGARD TO MINERAL LANDS. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the adverse claim required by section twenty-three hundred and twenty-six of the Revised Statutes may be verified by the oath of any duly authorized agent or attorney-in-fact of the adverse claimant cognizant of the facts stated; and the adverse claimant, if residing or at the time being beyond the limits of the district wherein the claim is situated, may make oath to the adverse claim before the clerk of any court of record of the

United States, or of the State or Territory where the adverse claimant may then be, or before any notary public of such state or territory.

"SEC. 2. That applicants for mineral patents, if residing beyond the limits of the district wherein the claim is situated, may make any oath or affidavit required for proof of citizenship before the clerk of any court of record or before any notary public of any state or territory."

This amendment was promulgated too late to secure insertion in the proper place. Section 2 applies to affidavits required by Sections 2325 and 2335 Revised Statutes, and should have appeared in the compilation.

4 2 Landowner, 162.

5 Copp's Min. Dec. 174.

6 3 Landowner, 195.

7 1 Landowner, 132.

8 Copp's Min. Dec. 173.

9 Copp's Min. Dec. 222.

10 3 Landowner, 67.

11 Sickel's Min. Laws, 81.

12 Sickel's Min. Laws, 82, 298.

§ 116. To whom patent will issue-To whom deliv. ered. Generally the patent will issue to the one named in the register's final certificate of entry.1 But a clerical error in the name appearing in the certificate of entry will not invalidate a patent issued in the proper name of the party intended.2 And where a party becomes a purchaser after the date of entry, an indorsement made upon the duplicate receipt assigning all the applicant's rights will entitle the purchaser to have the patent issued to him.3 So, where the duplicate receipt has been lost, a patent will be issued upon filing proof of loss and satisfactory evidence that the party is authorized to receive the patent, whether as applicant or purchaser subsequent to application.4 Under some circumstances patents will be delivered to parties other than the patentees named therein, upon satisfactory showing that they have the possessory title to a mining claim.5 There is no legal limit to the number of claims one person may secure by

patent, so long as he complies with the laws.6 Where one purchases pending initial proceedings, but before entry, and files his deed, the register and receiver will be instructed to have the certificates and receipts made out in the name of the purchaser.7

1 Copp's Min. Dec. 162.

2 2 Landowner, 2.

3 Copp's Min. Dec. 146, 162.

4 Copp's Min. Dec. 30.

5 Copp's Min. Dec. 85.
6 Copp's Min. Dec. 145.
7 Copp's Min. Dec. 162.

$117. Effect of erroneous issue of patent.-When issued improperly the patent will be set aside.1 And where it is necessary to resort to a court of equity for that purpose, on satisfactory proof of the error, or improper issue of the patent, the general land office will furnish the proper party all possible aid to set it aside and acquire title to the mine.2 Where a patent has been obtained by fraud, upon a record regular upon its face, the general land office will ask the Department of Justice that the party injured be permitted to use the name of the United States in the prosecution of proper proceedings in the courts.3 But where there are no adverse interests, a patent for a mine will not be disturbed for any irregularities in its issue. The general land office may issue a second patent covering the same ground, for the purpose of correcting a mistake, or inadvertence.5 And in a subsequent patent it is proper to recite that a prior patent had inadvertently or erroneously issued for part or all of the premises.6 Parties returning to the general land office patents in which their claims are misdescribed, should indorse thereon a relinquishment, and in case the patent has been recorded, a certificate from the proper local officer that the relinquishment has been

recorded. Where conveyances have been made to third parties, their relinquishments of the ground erroneously included in the description must be secured and a duly certified abstract of conveyances furnished.7

1 Copp's Min. Dec. 153.
2 Copp's Min. Dec. 212.

3 Copp's Min. Dec. 213.

4 2 Landowner, 2.

5 Copp's Min. Dec. 213.
6 2 Landowner, 2.

7 2 Landowner, 98; Copp's Min. Dec. 41.

§ 118. Purchase money-Must be paid, in lawful money of the United States, when a mining claim is entered. Agricultural College scrip cannot be received in payment. Where a decision is rendered reducing in size a claim erroneously entered, the purchase money will only be refunded pro rata, to make the payment meet the requirements of the law.2 The payment of the purchase money gives the purchaser a vested right to the patent, and the land ceases to be a part of the public domain.3 1 Copp's Min. Dec. 157.

2 Copp's Min. Dec. 32.

3 Smith vs. Van Cliff, 6 Landowner, 2.

§ 119. Hearings as to character of land. The notice of the hearing should be prepared and signed by the local land officers. The testimony should be taken by questions and answers, and refer to every ten-acre tract.1 Any person who has knowledge of the character of the land in controversy may appear and testify, regardless of whether such party is interested in the result.2 Where proper notice was given by agricultural claimants, the general land office will not reopen the case unless the mineral affiants show fraud in pre-emption, or that they have an actual mining claim on the land. But where the non-mineral character of the land is not entirely

clear and satisfactory, the local officers will not permit
the entry until the general land office has reviewed the
testimony.4 Land adjudged to be agricultural cannot be
entered under the mining laws, unless discoveries or de-
velopments have been made showing the land to be more
valuable for mining than agricultural purposes, since the
former hearing.5 But land in a mineral belt, near which
valuable mines are being worked, and on which pros-
pecting shows favorably, should be treated as mineral
land.6 The testimony may be taken before an officer
authorized to take depositions, where the land is situated
at such a distance from the local land office as to impose
inconvenience upon the parties.7 Grants by act of Con-
gress of lands surveyed and reported as non-mineral
cannot be set aside by the executive department on proof
of their mineral character. Every person affected by a
decision should be heard.9 As between placer and town
site claimants, testimony as to relative value for placer
or town site purposes is irrelevant, as the surface is essen-
tial for working a placer claim, and if it is "valuable for
minerals," that fact is conclusive in favor of the mineral
claimants.10 As between the Central Pacific railroad and
mineral claimants, the ordinary rules for hearings is dis-
pensed with. A list of lands which the company wish
to select is presented, and is held for thirty days, while
notice, describing the lands, is published in a newspaper
of general circulation, nearest the land, setting forth the
fact that the company has selected the designated tracts.
During the publication any one claiming the lands to be
mineral may make oath to the fact, and a hearing shall
be had at the expense of mineral affiant, who bears the
burden of proof.11 When hearings are ordered by the
commisioner or Secretary of the Interior, in the usual
course of examination of entries, the preliminary costs
will necessarily be provided from the contingent fund for