The Shasta courier., 1870-08-27
Land Oh ice Fees. sc.


Information has been called for as to
the fees to which Registers and Receivers
are entitled for services in acting upon
mining claims. The following is there.
fore communicated for the government of
all concerned:
In the 18th section of the act of Con.
gress approved July 9, 1870, "To amend
an act granting the right of way to ditch
and canal owners over the public lands,
and for other purposes" it is declared
"That Registers and Receivers shall re-
ceive the same fees Tor services under this
act as are provided by law for like services
under other acts of Congress" oj 7i
Now, the mining act is substantially a
presumption law, as the occupant, under
the local customs Of miners, is .he only
person privileged to purchase, and en- sp-
pllcatlon for patent under the mining
statute assimilates to declaratory state.
ment in the case Of entries under the GEN.
eral preemption Law.
1t IS, therefore, proper to apply the
provisions, as to fees in general preemption
cases, to the special preemptions under the
mining act. Hence, Registers and Receiv.
ers In the States of California, Oregon, and
Nevada, and in the Territories of Wash.
irgton, Colorado, New Mexico, Arizona.
Idaho, and Montana are entitled to charge
applicants for mining patents, at the date
of filing the diagram or making the appli.
cation, the sum Of three dollars, being one
dollar and fifty cents each to the Register
and Receiver.
For taking testimony, either in the form
of afidavits or in writing out the answ rs
of witnesses, they are allowed joint
charge of twenty-five and one-half cents
per hundred words, these being the fees
specified in the act Of Congress approved
2lst March, 1861, "Amendatory of the
Homestead Law, and for other purposes
%. S. Statutes, vol IS, p. 55), which we
assimilate to services as to mining claims.
Then the claimant has to pay the expense
of surveying the claim and making plat
thereof, the cost of the publication of the
notice in the newspaper, ard five dollars
per acre for the surface ground embraced
by the survey.
Such are tie items of expense incident
to obtaining patent for a mining claim,
SO far as the United States or its officers
are concerned
From the foregoing it will be seen that
the fees payable to the Register and Re-
ceiver BY the mining applicant are:
1st. 81 80 to each for filing diagram
and application.
I'd 223 cents per hundred words for
reducing testimony to writing, under the
principle laid down in the 4th and 9th
section Of the said Homestead Act of March
u, 1864, should the applicant desire it
taken down by those officers instead of by
themselves or other persons in the presence
of the land officers. -
1he other payments required of applic-
ants Tor mining patents are
3D. To the Receiver, the sum of s5 and
SOU per acre, respectively, for lode and
placer claims, as shown by the 6nal survey.
4th A deposit, in favor of the U. S.
Treasurer according to existing instruo-
tons, OF the amount estimated by the Sur
veyor General to cover the actual expenses
OF survey, and plat. o1d3 z
These are the only charges, fees, or
emoluments which, by law or regulations,
the Register and Receiver have any right
to exact from the mining applicant, and
none other must be charged or received
under any circumstances. raj cd
You are requested to acknowledge the
eipt Of this communication, and to be 3
strictly governed by the terms mentioned
therein. j. ). WILSON, U. s. Land
Commissioner, WhsshingcoD DO. s'sasa