Arizona citizen., 1874-01-03
DEPARTMENT OF THE INTERIOR, I,r.N- r... 1 M A.,I.-Gr.


 SIR: Information 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 adher- ing to the lines established in the original locations 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 locations Of a claim in Ich manner aS to give notice to all the world of the nature and extent of the same is not only indispensable, but in most cases mining claims are initiated thereby and all subsequent proceedings are based upon and must conform to such location.
 & \ failure to make and record the lOca- ton in accordance with the law and regu- lati0ns in force at the date of the location will defeat the claim, and if it is not made with such deiiniteneSS as to operate as notice to all persons seeking to acquire rights to mining lands it will be void for uncertainty.
 f. 1t follows, therefore, that in making surveys of mining claims it becomes es- Senfially necessary to ascertain the bOun- diaries thereof as established by the origin al location, for the rights of the claimant are limited and defined by such bound;l- rieS.
 ,. To make a survey in accordance with other lines or boundaries is tantamOunt tC making a new location of the claim, and the rights of adjoining locatOrS who have complied with the requirements of the law may be interlered with and defeated thereby.
 G. The practice of making surveys accord ing to the dictatiOn of parties in interest, instead of in accordance with the original location, has already caused great con- fusion and been productive of great injury to bona fide claimants.
 7. You will therefor require the applicant for a survey to furnish d CODY of the origin g1 If InI fN by the recorder having charge of the rec OrdS of mining locations in the district where the claim is situate, and cause all official surveys Of mining claims to be made in strict conformity 10 the lines eS- tabliShed by the original location as re- corded; and ii the record of locations made prior to the passage of the mining act of May 10, 1872, is not sufficiently def- nte and certain to enable the deputy to make a correct survey therefrOm, he should, after reasonable notice in writing, to be served personally or through the United States mail on the applicant for survey and adjoining claimants whose residence or pOSt-Oft1ce address he may know or can ascertain by the exercise of reasonable diligence, take the testimony of neighboring claimants and other per sons who are familiar with the boundaries thereof as originally located and asserted by the lOcatOrs of the claim, and after having aScertained by such testimony the boundaries as originally established he should m Q e a survey in accordance herewith, and transmit full and correct returns of survey, accompanied by the CODY of the record of locations, the teSti- mOny, and a copy of the notice served on the claimant and adjoining prOprietOrs, certifying thereon when, in what manner and on whom, service was made.
 s. The act of Congress of May 10, 1872, ex- preSSly provides that "the location must | be distinctly marked on the ground, so that it's boundaries can be readily traced,' | and "that all records Of mining claims | hereafter made shall contain the name or 1 names of the lOcatOrS, the date of the lOca- | tiOn, and such description of the claim | or claims, located by reference to some | natural object or permanent monument as will identify the claim.''
 g. These provisions of the law must be 1 strictly complied with in cash case to en- title the claimant to a survey and patent, | and therefore should a claimant under a location made subsequent to the passage | of the mining act of May 10, 1872, who has not complied with said requirements in regard to marking the location upon the ground and recording the same, apply for ! survey, you will decline to make it. 10. The only relief for party under such will be to make a new lOca74 ion in conformity to law and regui iatio3fSs !; IS no case will be approved and patJ7<3[< r Dy this Office unless these and all Q{<<<z< f< provisions Of law are substantially cod <4<S d with.
 l. If the law has been complied vii #