The Shasta courier., 1870-04-30
Registers and Receivers of the United
States Land Offices.


made prior to the passage of the act By cit
izens of the United Hkes. or persons who
had declared then Intention to become cit
lzens, upon lands previously reserved as min
eral, and such excluded from survey and
sale, but which are properly agricultural. no
valuable mines of gold, silver. cannabar, or
copper, having been discovered thereon, and
which have been improved and used by set
tiers for agricultural purposes
These settlers have right of pre- emption
to such land not exceeding l60 acres, and
NAV purchase the same at the minimum of
81 25 per acre. OF enter them under the home
stead law. after they become surveyed, upon
the usual and proper proceedings in such
cases. Ii the deputy surveyor returns it as
agricultural, and there is no data TO the con-
trary, and no one files an affidavit of its being
more valuable for mineral than for agricul
tural uses, the settler will be allow ed to enter
it under the provisions of said 10Th section.
If an affidavit is filed alleging the land to be
mineral, trial must be had to determine
whether it is more valuable for mining pur.
poses than for agricultural. In such cases
day will be fixed for the hearing, giving t.
the claimant and to the party filing the afli-
dayit sufficient notice to enable them to be
present with their witnesses and when the
tract had been occupied for agricultural pur-
poses. and improved as such. before the 26th
of July, 1866, the burden of prof will be
upon the party seeking to establish its min
eral character, and the testimony should be
of nature clearly proving the truth of such
aileg:. .tions. before decision is rendered
against the right Of the settler to enter the
land.
Should the deputy surveyor return the
land as mineral, the settler will be required
to furnish satisfactory proof of the error of
such return prior to entering the premises
claimed 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 the examination of
witnesses, capable from experience and OBJ
serI atinn, and from previous examination. to
testify understandingy in reference to the
existence Of minerals upon any particular
tract, and whether the deposits is of sufficient
extent to render it more valuable for mining
than for agricultural.
When lands of the character contemplated
by said 10th section have not yet been filed
cpon, you should satisfy yourselves as to
which class they belong before taking steps
looking to their disposal.
The l1th section Of the Mining Act author
ICES the Secretary of the Interior. after the
survey of lands previously reserved as miner
al, to designate and set apart such portions
Of them are clearly agricultural. which
are made subject to pre-emption arc disposal
as other public lands Of the United States.
To give effect to this section, the Survey
or General in the mining States and Terri
tories have been instructed to require their
deputies to desrcibe in their field notes. and
designate on township plats, such lands as
are agricultural After the filing of the
plats in the district land Offices, il no counter
afhdavits are presented. the tracts designated
as agricultural lands may be filed under the
pre-emption, or taken under the homestead
laws but pre-emptors will not be permitted
to prove up and enter until after sueh period
of actul settlement and cultivation as shall
show good faith-say not less than six months
from the date of settlement embraced in the
hllng of the declaratory statement; and if be-
I re the expiration of such time an affidavit
IS filed alleging the mineral character of the
particular tract claimed, trial must lie had
before an entry is made, to determine that
question.
1t not doubted that in every township
there are tracts of land more valuable for
farms and gardens than for mining purposes.
and the object of the law is to segregate
these from the mineral and dispose # them
as agricultural.
Errors OF judgement may sometimes occur
but as a general rule i is believed a careful
examination will enable claimants to act with
safety ID reference to these lands, and al
though they may be put to the necessity of
proving their chief value to be for purposes
OF agriculture, by an opposing affidavit filed
any time before entry, yet where reasonable
precautlon has been exercised. such proof
seldom fatls, at least as to the whole tract,
hed upon, and if a profitable mine were to
be discovered upon part of the premises, it
would only enhance the value of the remaint
ing portion
Affd' Wits alleging particular lands to be
more valuable as mineral than as arabic,
must m apply to each of the smallest legal sub
DIVISIONS. Of quarter section, l20 acres
may be mineral and the remaining 40 arabic,
and he mineral character Of the former is no
reason why the latter should not be entered
agricultural. Nor is it sufficient that such
ai1davlts are based upon opinion or belief -
ihev must contain a statement of facts within
she knowledge of deponents, derived from
actual observation or examination, furnish
ing strong presumption that the particular
SUBDIVISION is mineral land, and more val
uaole as such than as agricultural. Mere
speculation, based upon no positive know-
euge, and disclosing no material facts, will
be received, and claimants ought not to
oe put the trouble and expense of meeting
ahdavlts OF this character. There should be
me utmnst good faith required from bnth
sues. Lands more valuable for mineral than
LOT other purposes are not to be taken under
tne presumption or homestead laws; nor. on
~ me other hand, are parties to be intimidated
run making settlements upon, and ultimate
y e"tering under these laws, such lands AS
are most useful for agricultural purposes
sihpiy because valuable mineral lands NAV
ne 10 the Immediate vicinity. Both classes
u iahds are to be disposed of under their
appropriate laws, and neither interest is IN
oe suoordlnated to the other 10 the detr;mont
OF the public welfare. N'''nie"'
ii the land offices in the various ais.r;o,,
nave reason to believe tha. mineral ae;aan;,s
are being placed on timber land On rrb;ah -
mineral has been found, for the nurnoso &c
Seeping The same from settlement nn,iI .
me timber has been removed. thew w;ii =
form the parties filing such paners ~,
afhdavlts IN which it is notalleeed thu, o;,h.
gold, silver, cannabar, or copper. h,ya hao1
found, are insufficient; and however snao;e"
ana fuli such afhdavits may be, thew are not
70 De deemed conclusive as to the matfers
alleged. Any settler filing an afidavit of =
contrary character and desiring TO enter ,ha
particular tract agricultural land is en,;,i a
to have the question examined. and on nrov-