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Land office decisions-Continued.

purchaser from alien, p. 162, id.

WHERE APPLICATION FILED, pp. 162-3, § 108.
with register and receiver, or register, id.
claims lying in several districts, p. 163, id.
compromise of conflicting locations, id.

REQUISITES OF APPLICATION FOR PATENT, pp. 163-5, § 109.
compliance with laws, p. 163, id.

distinction between lodes and placers as to survey, id.
erroneous description, want of notice, previous applica-
tion, id..

abstract of title, p. 164, id.
affidavits of title, id.

certificate of incorporation, id.

title derived from decedent, id.

title by "advertising out," pp. 164-5, id.

application sworn to, p. 165, id.

FILING AND POSTING DIAGRAM AND NOTICE, pp. 165-6, § 110.
diagrams filed and posted, exact duplicates, p. 165, id.

diagram to show expenditures, id.

posting on each location, proof of, pp. 165-6, id.

affidavit by authorized agent, pp. 166, id.

tests of sufficiency of notice, id.

PUBLICATION OF NOTICE, pp. 166-7, § 111.
should properly describe locus, id.
re-filing of adverse, p. 167, id.

notice sufficient to put upon inquiry, id.
designated newspaper, id.

computation of time of publication, id.
SURVEY-PLAT-EXTENT OF CLAIMS, pp. 168-70, § 112.
exterior boundaries shown-end lines, p. 168, id.
courses and distances, monuments, id.
field work, correction of errors, id.

second survey not approved after application, id.
certificate of no application made, id.

surveyor-general cannot settle conflicts, id.

order of approval of surveys, id.

appeal from surveyor-general, p. 169, id

extent of limitation of lode claims, id.

of placer claims, id.

errors in field notes, how corrected, id.

form of lode claims, id.

tying to natural or permanent objects, pp. 169-70, id.


Land office decisions-Continued.

certificate of no adverse claims, prior to approval, p. 170,
id.

regularity of proceedings before register, appeal, id.

INSTRUCTIONS TO DEPUTIES WHERE COMMISSIONER IS EX-
OFFICIO SURVEYOR-GENERAL, pp. 170-1, § 113.

1. arrangements for payment, id.

2. beginning of surveys, p. 171, id.
3. manner of proceeding, id.

4. description of corners, id.

5. marking corners, id.

6. noting intervening objects, id.

7. improvements, value, adjoining claims, subdivision,
plat, id.

8. size of plat field notes, papers forwarded, etc., id.

9. coal lands, id.

EXPENDITURE FOR PATENT, pp. 171-2, § 114.

should appear in plat and field notes, id.

on lode and mill site in one application, p. 172, id.
tunnel for development, id.

contiguous placers, id.

certificate of surveyor-general, id.

PROOF OF EXPENDITURES-WITNESSES-Affidavits, pp.172-4,
§ 115.

affidavits of parties cognizant of the facts, p. 172, id.

no witnesses excluded on account of interest, id.

before whom affidavit made, pp. 172-4, id.

verification by corporation, p. 173, id.

by agents, id.

notice required in contests, id.

affidavits taken out of district, pp. 173-4 (N. 3).

TO WHOM PATENT WILL ISSUE-TO WHOM DELIVERED,

pp. 174-5, § 116.

party named in certificate of entry, p. 174, id.

clerical error in name, id.

purchaser after entry, id.

loss of duplicate, id.

delivered to others than patentees, id.

purchaser prior to entry, pp. 174-5, id.

EFFECT OF ERRONEOUS ISSUE OF PATENT, pp. 175-6, § 117.
general land office will aid in setting aside, p. 175, id.

not disturbed for irregularities in absence of adverse in-
terests, id.

Land office decisions-Continued.

second patent issued to correct error, id.

relinquishment of ground erroneously included, pp. 175-6,

id.

PURCHASE MONEY, p. 176, § 118.

paid in lawful money of United States, id.

when returned pro rata, id.

payment of, gives vested right, id.

HEARINGS AS TO CHARACTER OF LAND, pp. 176-8, § 119.

notice of, p. 176.

manner of taking testimony, id.

qualification of witnesses, id.

when agricultural entry delayed for review, pp. 176-7, id.
relative value for agricultural or mining purposes, p. 177,
id.

before whom testimony taken, id.

congressional grants not set aside, id.

who entitled to hearing, id.

contests between placer and town site claimants, id.
when ordinary rules dispensed with, id.

costs of, by whom paid, pp. 177–8, id.

BURDEN OF PROOF, in hearings, p. 178, § 120.

upon party contradicting surveyor-general's return, id.
shifted by withdrawal of land as mineral, id.

affected by situation of land in mineral region, id.

CROSS LODES, p. 179, § 121.

right to intersection depends on privity of location, id.
ADVERSE CLAIMS, p. 179, § 122.

limits of jurisdiction of land department. id.

separate claim against each application, id.

by whom filed, id.

cannot be amended nor papers withdrawn, id.

how opposition may be withdrawn, id.

FACTS NECESSARY TO BE SHOWN BY ADVERSE CLAIM-

ANT, pp. 179-80, § 123.

should be set forth in detail, not as legal conclusions, id.

allegation of ownerships, p. 180, id.

nature and extent, deraignment of title, id.

compliance with local laws, etc., id.

filing plat and field notes, id.

protest-amicus curiæ no right of appeal, id.

TIME WITHIN WHICH ADVERSE SHOULD BE FILED, p. 181,

§ 124.

1

Land office decisions-Continued.

written period of publication after office hours, id.

no extention, id.

effect of filing after time, id.

WHAT FILED WITH ADVERSE CLAIM, pp. 181-2, § 125.
abstract and survey, id.

when survey and plat excused, p. 182, id.

adverse survey not to be decided erroneous without hear-
ing, id.

AFFIDAVIT AND FEES IN ADVERSE PROCEEDINGS, pp. 182-3,
§ 126.

affidavit by one of several co-owners, p. 182 d.

by corporation, id.

before whom verified, id.

fees should accompany claim, id.

no fees for refiling, or mere protest by amicus curiæ,
pp. 182-3, id.

PROCEEDINGS IN COURT IN SUPPORT OF ADVERSE,
pp. 183-5, § 127.

when and where commenced, p. 183, id.

consequence of failure in time, id.

suit commenced before adverse claim filed, id.

pendency of suit by applicant against claimant will not ex-
cuse, pp. 183-4, id.

jurisdiction of question for the court, p. 184, id.

finality of judgment between parties, id.

character of suit, id.

successful adverse claimant not always entitled to patent,
id.

stay of proceedings after judgment, id.

certificate of no suit pending, required, id.

bringing of suit not affected by defective summons, pp.
184-5, id.

EFFECT OF WAIVER BY APPLICANT, p. 185, § 128.
ends controversy, id.

filing of abandonment insufficient, id.

WAIVER BY ADVERSE CLAIMANT, pp. 185-7, § 129.

before or after suit by filing withdrawal, pp. 185-6, id.
by stipulations dismissing suit, p. 186, id.

by laches, ignorant or voluntary, id.

diligent prosecution of suit, question for court, id.
failure to give notice of suit no waiver, id.

end of suit by dismissal, id.

Land office decisions—Continued.

withdrawal by one of several adverse claimants, pp. 186-7,
id.

CONFLICTS NOT CONSIDERED AS ADVERSE CLAIMS, pp. 187-8

$ 130.

right to follow dip, p. 187, id.

patentees and lien holders, id.

easements and hypothetical contests, id.

excepted lodes, pp. 187-8, id.

public highways, p. 188, id.
PROTESTS, p. 188, § 131.

by amicus curia, received, but no appeal, id.

APPEALS, pp. 188-9, § 132.

written statement of points, p. 188, id.

what brought up by, id.

amicus curiæ no right of, id.

when no appeal lies, id.

time for notice of, service, etc., pp. 188-9, id.

extension of time for, defective, amendment, p. 189, id.
EASEMENTS, p. 189, § 133.

no specific condition as to, in patent, id.

TOWN SITES, pp. 189-90, § 134.

title to mineral lands not acquired by patents for, p. 189, id.
application for patent does not preclude patents for lodes
embraced in, id.

surface rights protected, pp. 189-90, ið.

are adverse claim, p. 190, id.

WATER RIGHTS, p. 190, § 135.

protected as vested rights, when, id.

MILL SITES, pp. 190-1, § 136.

must be on non-mineral land, p. 190, id.

should be recorded, id.

when they pass by railroad grant, id.

included lode, claimed adversely, may be abandoned, id.
applied for in connection with lode, or separately-labor,
id.

coal lands, timber culture act, pp. 190-1, id.

LAND OFFICE REGULATIONS-From circular of April, 1879,
Ch. xii., pp. 107-47, §§ 75-88.

MINERAL LANDS OPEN TO EXPLORATION, OCCUPATION AND
PURCHASE, p. 107, § 75.

STATUS OF LODE CLAIMS LOCATED PRIOR TO MAY 10, 1872,
pp. 107-10, § 76.

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