The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1870-01-29
Applications Under the Mining Act

The following is an extract from letter of
instruction by Commissioner Wilson to Regis
tcrs and Receivers of Land Offices. 1t de-
fines every step 'hat need be taken by tie ap-
picamt for "A patent, and it ought to be pre-
served for reference:
No particular form Of application is ncccs-
saIy under tn" mining act: II should bc III
writing: state the name of the applicant: the
name Of the lode or claim; the mining district,
county, and State; when and by whom the
claim was located; whether the applicant has
possession of 1t according To the local Gus
toms, and how long this possession has contin-
ned whether hc claims AZ locator or pur-
chaser; the number OF feet claimed on the
lode, and quantity Of surface ground, and that
the local rules authorize claims TO that extent,
with the extent ard value Of IMPROVEMENTS
on the claim.
II these facts arr al statc'l, and the paper
Is signed aud dated, 4 Is a good application.
IL any substantial omission is found in the
papcr, he should be instructed us to tile fur
thcr statements required.
The application should ho accompanied with
dinTnm representing the claim with rs
much accuracy Gs possible, but il need not
have the nccuttey % final survey. All that
is necessary in this respect IS that il shall so
cl'nry Indicate nHl describe the claim that
uuy ono seeing X would bv nil" tG learn from
It ia" mct"s and hrdnds "f tho premise
claimed. The claimant should also file with
the application a. certificate from the mining
Recorder stating tl.o date ui location ui G.! .ilH.
The un:uo of h'Jlt'r.; That the mining ru.rs of
The district -, the cate Ct TIA" location authorize.
Clniins of the size cH~s'rt"dhyUWliCru that tho
location was duly recorded. numirg volume and
pngc; that the uiinimg customs appear on
record; and if tho applicant is purchaser,
that regular series of transfers appears on
his records from the original locator TO the ap-
plicaut it such is the fact. IL the fact is not
80, then the statement must bo made accord
ing to the fnct This certificate should Ice at.
tested by the official seal Of the Recorder.
Such n certificate, stating the fact of location,
Of the mining customs, and that u regular
chain of title ending in tho applicant appears
on the mining records, will ho accepted as suf-
icient evidence on these points.
An affidavit of possession nnl improve
mcnt according to the mining customs should
also bc filed with the application. This nft-
dayit should bc made 10y; say, two persons,
well acquainted with tho premises and the
claimant. The claimant himself may he one
of the athaitta. Ii should state tie length Of
time tho claimant occupied tlc premises;
whether by working them as n miner, by max
ing improvements preparatory to mining, or
simply 10y stalking of and recording the claim
hS required by tho mining customs. In this
Affidavit the statement may also bo made that
from surface indications the promises contain
but one vein or lode.
In addition To- these papers n copy Of the
notice posted on tho claim should nCCOinpanr
til" application 80 that tho Register aud Re.
q cclyer may examine II. to ascertain whether il
is sufficient Then, if the claimant is a cor.
poration, evidence of that fact should be filed.
which IL generally n certified copy of the
charter. and If not Au Incorporated company,
nm affidavit Of citizenship, or having filed n
declaration of intention to become "A citizCn
should be filed.
The pnnprs nrco1pnnCinu mn npnl;cot;n,,
therefore, arc-lst The diagram; ID. the ccrtif.
cate of the mining Recorder: 3D. an affidavit
ot possession unt occupancy according "a
mining customs, and that tho premises
contain but one vein or lode, according
To tho surface indication: Ath n COPY of
thc hotce posted on tho claim: 9th. n ccrti.
ned copy OF tho charter, il the claimant is an
Incorporated company, or an ailidavit Of citi.
HehShlp u not an Incorporated COMPANY. No
PROOF OF clti2onship IL necessary in tic case
oil corporations. The ailidavts should bC
inha" before an oihCpt using an official seal
such as Judge or Notary Public. and tho on
ccr Should bo able to certify to Tho crodibiIiiy
Of the Witnesses = - 80. - >
III these six papers, and the nccompanyinu
hve above enumerated, arc drawn M will
nm ordinary amount of caro-, and aro uiado :,
ms to satisfy the Register and Receiver that In,
transaction Is n bc,,d fie ono. the claim IL In ,
proper state for the action of tho local ofIicrrs
Tho Register will then mako tho publication
required by law. and the only additional proc
required from the applicant IL that tho motto,
ana diagram wero posted ON the clGim for
period oi ninety tlays ..r -
Tho Surveyor General will certify 10 TN
value OF tho improyomen and tho tlInrncin
OF the vein exposed
Nothing like n sot form is necessary for an,
" uicHe nncHe papers Any person of ordinary m
V'Hcnco can prepare them; and IL matt or
""' hlt'e whether they are drawn up Bkilfull