The Placer herald. [volume] (Auburn, Placer County, Calif.) 1855-1991, 1868-07-11
United States Land Matters.
DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, June z, 1868. J
Register and Receiver, United States Land
Office, Sacramento, California--Gentleme
In reply to the Receivers Letter of the 4'h
of April, ut., you are instructed as follows
The tenth section Of the Mining Act OF
July 26, 1866, provides for homesteads made
prior to the passage of the Act, by citizens o.
the United States, or persons who bad de
clared their intention to become citizens, up
on lands previously reserved as mineral, ant
~ sunh excluded from survey and SALE bu
which are properly agricultural, no valuable
mines of gold, silver, cnnabar or copper
having been discovered thereon, and which
have been improved and used by settlers for
agricultural purposes.
These settlers have right Of pre- emption
to such lands, not exceeding 100 acres, and
may purchase at the minimum of $l 25 per
acre, or enter them under the homestead
law, after they become surveyed, upon the
usual and proper proceedings in such cases.
II the Deputy Surveyor returns it rs agri-
cultural, and you have no data to The con-
trary and no ono files an affidavit of it's
being more valuable for mineral than for ag
ricuItural purposes, the settler will be allow
ed to enter it under the provisions of the
said 10Th section.
If an affidavit is fled alleging the land to
be mineral, a trial must be bad to determine
whether il is more valuable for mining pur-
poses than for agricultural. In such cases
you will set day for the hearing, giving to
the claimant and to the party filing the aff-
davit sufficient notice to enable them to be
present with their witnesses; and when the
tract bad been occupied for agricultural pur-
poses and improved as such before the 26h
of July, 1886, the burden of proof will be
upon the party seeking to establish its mine
raj character, and the testimony shall be of
a nature clearly to prove the truth OF such
allegations, before you decide against the
,ipbt Of the settler TO enter the land.
Should the Deputy Surveyor return the
land as mineral you will require the settler
to furnish you satisfactory proof Of the error
Of such return before permitting him to enter
the premises claimed by him under said 10Th
section.
The return Of Deputy Surveyor, although
entitled to respect as coming from sworn
officer. is not TO be taken as conclusive in
these cases, when disputed, but The matter
must be Investigated by tho examination of
witnesses, capable from experience and OBJ
servstion, and from previous examination,
to testify understandlng|y 10 reference to the
existence of minerals upon any particular
tract, and whether the deposit is OF sufficient
extent to render it more valuable for mining
than for agriculture.
When lands of the character contemp'a'
ted by said 10Th section have not been filed
upon, you should satisfy yourself as to which
class they belong before taking steps in refer
euce to their disposal.
The ll,h section Of the Mining Act au>
thorizes the Secretary Of the Interior, after
the survey Of lands previously reserved as
mineral, to designate and set apart such por'
lons of them as are clearly agricultural,
which are made subject to pra,emptlon and
sale, as other public lands of the United
States.
To give effect to this section the Surveyor
General, 10 the mining States aud Terrific
ries, have been instructed to require their
deputies to describe in their field notes. and
designate on township pais such lands as
are !. agricultural" After the fling OF the
plats in your office, il no counter aftidsvits
are presented, the tracts designated as "agr''
cultural lands" may be filed upon under the
pre. emption or homestead laws; but pre-
emp,ors must not be permitted to prove up