The Placer herald., 1870-09-03
contain mineral denosits.

contain mineral deposits.
Seventh-Section seventeen authorizes the
extension Of the rights conferred by sections
5, s and 0 of the original Mining Act, to all
public lands affected by this law, and sub
jects all patents granted or pre-emptions or
homesteads allowed to any vested and ac
crued water rights or rights to bitches and
reservoirs used in connection with such wa
ter rights as may have been acquired under
or recognized by the said ninth section; said
section declaring further that nothing in this
Act shall be construed to repeal or in any
way affect the Act granting the right Of way
and other privileges to aid in the construc-
ton of draining and exploring tunnel to the
Comstock lode in the State of Nevada, ap-
proved July %, 1896. (U. S. Statutes,
vol. XIV, p. 242)
Eighth--The per diem allowance to dep
uty surveyors, including all expenses of as
sistants for survey of mineral claims, as
stipulated in our circular letter Of January
II, 1867, has been in several cases found
quite inadequate, and that consequently par
ties, in order to induce deputies to make
surveys, have found it necessary to pay ad-
ditional sums rs on private account
10 avoid such results the Surveyors Gen
erll are hereby authorized to increase the
maximum per diem allowance according TO
the difficulty Of the service, taking care, how
ever, TO have work performed on the most
economical scale by skillful, responsible sur
veyors, and in no case to exceed a maximum
of $50 per day, In each case where an al
lowance is made of over $40 per day, the
reasons showing the necessity for doing so
must be stated in the contract, and then re-
ported to this Office, and it must be under
stood that no extra compensation, under any
circumstances whatever, is to be eXacted OF
received by the deputy, under penalty of
iontiting the contract, and exclusion from
the public surveying service.
SPECIAL INSTRUCTIONS RELATIVE TO OBTAINING PA
TENTS FOR MINING CLAIMS.
With reference to the proceedings neces-
sary to obtain patents for lode and placer
claims under the provisions of the Acts Of
Congress above mentioned, the following is
communicated:
Ninth-The mining enactments limit the
right to apply for and receive patents for mi
ming claims to claimants
l. Who have occupied and improved
ther claims according to the local customs or
rules Of miners; Or,
2. Who have by themselves or THEN
grantors, held and worked their claims for a
period equal to the time prescribed by the
statute Of limitations for mining claims Of
he State or Territory where the same may
lie situated
3. Who have expended in actual labor
and Improvements upon their respective
claims, an amount Of not less than one thous-
and dollars; and,
/. In regard to whose possession there is
no controversy OF opposing claim
Unless, therefore, applicants for mining
patents are properly within these require
ments, they are not in a condition TO avail
themselves of the privileges extended by the
laws referred to.
Tenth-1he Application. This must be
in writing and must be filed in the Office Of
the Register and Receiver Of the land dis
trict in which the claim lies. It must dis
dnctly state the name OF the applicant, and
whether the claim is applied for by an indi-
vidual, an association or an incorporation
the name and extent Of the claim; the char
acter of the ore; the mining districts, county
and Stlte the date of its original location
according to the mining customs; where the
same was recorded; whether the applicant
claims as a locator or purchaser; give des-
crption of the premises camed and the ma
| ture Of the improvements made or labor per-
formed, and finally, the application should
state that the claimant has posted diagram
Of tho al ,ir, in ,,laoo fl borao,
together with a notice of his intention to ap-
ply for a patent, giving the date of such post
mg.
Eleventh-With the above application
the claimant must file a copy Of the diagram
posted on the claim, which diagram must
represent the boundaries Of the premises, as
fixed by the local laws, customs or rules OF
IN 'ners, and when the claim lies upon sur
veyed land it must also show its relation to
the public surveys.
Twelflh-Diagrams Of the placer claims
upon surveyed lands must represent the sub
divisions of the public lands which the claim
ants desire to enter, as the Act requires such
entries in their exterior limits to conform to
such legal subdivisions.
Thirteenth said diagram must be
filed copy of the notice posted upon the
claim. This should state the name of claim
ant, describe the claim, give the names OF
adjoining claims, or ifnone adjoin, the names
of the n Arrest claims; state whether it is q
placer or rock claim; if the former, the ap-
proximate area; if the latter, the estimated
extent of surface ground and the number Of
feet claimed on the course of the vein, dis
tinctly stating the name of the lode and the
character of the vein exposed; the mining
district, county and State in which it lies !;
whether upon surveyed or unsurveyed lands
if the former, in what section, township and
range; if the latter, the location of the claim
relatively to some well known natural object
or landmark in the vicinity; and finally, the
notice should state that it is the intention of
the claimants to apply for patent for the
premises therein designated, and upon which
it is posted.
Fourteenth-There should also be filed