The union Democrat., 1871-06-24

ceiver in acting upon the case, and to this Of
fee in making proper award of the land
when the case comes before it for review.
III. Where the applicant claims the pre-
emption right to the land he files upon. you
will, at the hearing, exact all the proof Gus
tomary in cases of presumption contests, as
required by the law and Instructions, and the
same rule viii apply to homestead applicants.
II. After the hearing you will transmit
all the papers filed ard testimony taken,
together with your joint opinion in the
premises. to the Commissioner Of the General
Land Office for review, and when the case
comes before this office such an award of the
land will be made as the law and the facts
may justify and in cases where survey is
necessary TO set apart the mineral from the
agricultural land in any forty-acre tract, the
necessary instructions win be issued to ena-
BILE the agricultural claimant, at his o,cn en-
passe, to have the work done, at his option,
either BY United States deputy. county, or.
other local surveyor, as authorized BY said
sixteenth section Of the act Of July, 1870.
Is. In making the survey in pursuance of
such award by this office, where placer mines
exist upon such forty-acre tract, the subdivi-
sion must invariably be into ten-acre lots in
the form either of squares, one side Of which
is ten chains. or in the form of paraielo-
grams, one side of which is FIVE and the other
twenty chains, as will the better embrace
such placer claims; but the lines of these
surveys must not be made to run diagonally
to those of the regular surveys, but must be
parallel and at right angles Herewith, so as
to avoid confusion in the description Of the
remainder of the land.
IA. In case there exists rein or lode claim
upon such forty.acre tract, the subdivision
into ten-acre lots is not imperative, and the
survey in such case may be executed in such
manner as viii segregate the portion of land
actually containing the mine, and used as
surface ground for the convenient working
thereof, from the remainder of the tract,
which remainder will be patented to the
agriculturist to whom the same may have
been awarded, subject, however, to the con-
dition that the land may be entered upon by
the proprietor of any vein or lode for which
patent has been issued by the United States
for the purpose of extracting and removing
the ore from the same, where found to pene-
trate or intersect the land SO patented as
agricultural, as stipulated by the mining act.
Is. Such survey when executed must be
properly sworn to by the surveyor, either be-
fore notary public, officer of a court Of rec
ord, or before the register or receiver, the de-
ponent's character and eredibility to be pro-
perly certified to by the officer administering
the oath.
&c. Upon the fling of the plat and field
notes of such survey, duly sworn to as afore-
said, you will transmit the same to the sur
veyor general for his verifcation and appro-
val who, if he finds the work correctly per-
formed, will properly mark out the same up
on the original township plat in his Office,
and furnish authenticated copies of such plat
and description both to the proper local land
Office and to this Office, to be affixed to the
duplicate and triplicate township plats re-
spectively.
II. In cases where a portion of a forty
acre tract is awarded to an agricultural
claimant and he causes the segregation there
of from the mineral portion, as aforesaid,
such agricultural portion will not be given q
numerical designation as in the case of sur
veyed mineral claims, but will simply be de-
scribed as the Fractional - -
quarter of the quarter CT Sec
ton in township OF range
-, meridian, containing acres,
the same being exclusive of tie land adjudg-
ed to be mineral in said forty-acre tract"
Is. The surveyor must correctly compute
the area of such agricultural portion, which
computation will be verified by the surveyor
general.
10. After the authenticated plat and field
notes of the survey have been received from
the surveyor general, this Office will issue the
necessary order for the entry of the land, and
in issuing the receivers receipt and registers
patent certificate, you will invariably be gov
erned by the description Of the land given in
the order from this Office.
20. All instructions heretofore issued upon
this subject, except as herein, modified viii
be considered as in full force.
ENTRY OF PLACER cLAIMs-wHEN SURVEY Is
NECESSARY, AND HOW THE SAME SHALL
BE EXECUTED.
81. An applicant for patent for a placer
claim is required by the act to come within
the same conditions applicable to claimants
of veins or lodes, and the proceedings prior to
the survey are the same in both cases, as is
fully set forth in the circular instructions
from this Office bearing date the 9Th August,
1870.
%. After the expiration of the ninety
days notice given in such cases, proof of
which must be made to the satisfaction of the
register, the placer mining claimant, where
the subdivision of a fo-ty-acre tract is neces-
sary, NAV engage, under private contract,
either a United States deputy or a county or
local surveyor to perform the work at the ex-
pense of the claimant such forty-acre tracts
to be invariably laid off into four lots of equal
area to suit the circumstances of the case,
the survey to be executed and sworn to in
the manner set forth in the 18th and 18th
paragraphs hereof, and plat and field notes
filed in your Office
%. Upon the fling of the plat and field
notes of such survey, duly sworn to, you win
transmit the same to the surveyor general
for yerifcation and approval who, if he
finds the work to have been correctly exc
cuted, will give such ten acre lot, schere the
same constitutes the entire claim, its appropri-
ate numerical designation in the order Of sur
veyed mineral claims in the township, and
in cases where sercral of these ten acre lots
are contiguous and constitute one claim, they
viii not receive separate numbers for each
lot, but the whole will receive one aamber in
the order of mineral claims in the township.
"a. The Surveyor general viii then mark
such claim upon the original township plat
on file in bis Office, and send an authenticated
copy Of the plat and field notes of the survey
to the register Of the proper local land Office
I