Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1873-12-25

GENERAL LAND OFFICE,
WASHINGTON, ID. c., November 20th 1873. }
SIR:-Informaton has reached this Office
that deputies, in surveying mining claims, are
in the habit of following the direction of the
parties in interest instead of adhering to the
lines established in the original location OF
such claims, and thus in effect making a
private instead of an official survey.
Under all laws and regulations, whether
local or general, the location of claim in
such a manner as to give notice to all the
world of the nature and extent Of the same is
not only indispensable, but ia most cases min.
ing claims are initiated thereby, and all sub
sequent proceedings are based upon and must
conform to such location.
A failure to make and record the location
III accordance with tho law and regulations
in force at the date of the location Will de-
feat the claim, and if it is not made with
such detiniteness as to operate as notice to
all persons seeking to acquire rights to min
ing lands it will be void for uncertainty.
1t follows, therefore, that in making sur
veys of mining claims it becomes essentially
necessary to ascertain the boundaries thereof
as established by the original location, for
the rights of the claimant are limited and de-
fined by such boundaries.
To make a survey in accordance with
other lines and boundaries is tantamount to
making a new location of the claim, and the
rights of adjoining locators who have COM
piled with the requirements OF the law may
be interfered with and defeated thereby.
The practice of making surveys according
to the dictation of parties in interest, instead
of in accordance with the original location,
has already caused great confusion and been
productive of great injury to bon@ tide claim
ants.
You will therefore require the applicant tor
a survey to furnish copy of the original
record of location, properly certified to Dy
the recorder having charge OF the records OF
mining locations in the district where the
claim is situate. and cause all official surveys
of mining claims to he made in strict con-
formity to the lines established by the origi-
nal location as recorded; ann if the records
of location made prior to the passage OF the
mining act of May 10, 1872, is not suf1i-
GENTLY definite and certain to enable the dep
uty to make q correct survey therefrom,
he should, after reasonable notice in writing,
to be served personally or through the United
States mail on the applicant fer survey and
adjoining claimants whose residence or post
office address he may know or can ascertain
by the exercise of reasonable diligence, take
the testimony of neighboring claimants and
other persons who are familiar with the
boundaries thereof as originally located and
asserted by the lOcators OF the claim, ana
after having ascertained by such testimony
the boundaries as originally established No
should make y survey in accordance there
with, and transmit full and correct returns OF
survey, accompanied by the copy OF the
record of location, the testimony, and copy
of the notice served on the claimant and ad-
Joining proprietors, certifying thereon when,
in what manner, and on whom, service was
made.
The act of Congress of May 10, 1872. ex-
pressy provides that ''tlc location must De
distinctly marked on the ground. so tnat us
boundaries can be readily traced, and tnSt
all records of mining claims hereafter mace
shall contain the name or names OF the loca-
tors, the date of the location, and such ae-
scription of the claim or claims, located oy
reference to some natural object or Perma.,,
nent monument, as will identify the claim:
These provisions of the law must be strlctiy
complied with in each case to entltle the
claimant to a survey and patent, and there
fore should q claimant under location maze
subsequent to the passage of the mining act
of May 10, 1872, who has not complied WIN
said requirements in regard to marking the
location upon the ground and recording the
same, apply for a survey, yos will decline %
make il. ..th...s.
The only relief for party under such CIR
cumstances will be to make new iocatlon IA
conformity to law and regulations, as no csss
will be approved and patented by TINS once
unless these and all other provisions Oh -"
are substantially complied with.
If the law has been complied with IN the