Arizona weekly miner., 1874-01-16
DEPARTMENT OF THE INTERIOR,
 GENERAL LAND OFFICE,

GENERAL LAND OFFICE,
 Washington D. C., Nov. 70, 1873
 SIR. Information has reached this office that deputies, in surveying mining claims, are
 u the habit of following the direction of the parties in interest instead of adhering Go Che lines established in the original locations of such claims, and thus in effect making private instead of an official survey.
 z. Under all laws and regulations, whether local or general, the locations of A claim in such 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 subse- quent proceedings are based upon and must conform to such location.
 3. failure Co make and record the location in accordance with the law and regulations in force at the date of the location will defeat the claim, and if it is not made with such detiniteness as to operate as notice to all per sons seeking to acquire rights to mining lands It will be void for uncertainty.
 {. It follows, therefore, that in making surveys 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 defined by such boundaries.
 5. To make s survey in accordance with other lines or boundanes ia tantamount Co making a new location of the claim, and the rights of adjoining locators who have con- piled with the requirements of the law may be interfered with and defeated thereby.
 5. Tue practise of making surveys according to the dictstion of parties in interest, instead of in accordance with the original location, has already caused great confusion and been productive of great injury to bona fide claim ants.
 '. You will therefore require the applicant for survey to furnish copy of the original record Of location, properly certified to by the recorder having charge of the records of mi ming locations in the district where the claim Is situate, and cause all official surveys of mining claims to be made in strict conformity to the lines established by the original loca. ton ss recorded; and if the record of locations made prior to the passage of the mining act of May 10, 1872, is not sufficiently definite aud 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-ofiice sd- dress he may know or can ascertain by the exercise of reasonable diligence, taking the testimony ot neighboring claimants and other persons who are familiar with the boundaries thereof AS originally located and asserted by the locators of the claim, and after having as- certained by such testimony the boundaries as originally established he should make a survey in scco rdsnce herewith, aud transmit full and correct returns of survey, accompan- jed by the copy of the record of locations, the testimony, and copy of the notice served on the claimant and adjoining proprietOrs, certi- flying thereon when, in what manner and on whom, service was made.
 8. The act of Congress of May 10, 1872, sx- pressly provides that ~ths location must be distinctly marked on the ground, so that it's boundaries can be readily traced :" and that sll records of mining claims hereafter made shall contain the name or names of the locators tho date of the location, aud such descrip- tisn of the claim or claims, located by refer ence to some natural object or permanent monument ss will identify the claim.
 9. The provisions of the law must be strict ly complied with in each case to entitle the claimant to survey and patent, and therefore should claimant under location made sub to the passage of the mining act of May 10, 1872, who has not compiled with said requirements in regard to making the To- cation 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 new location in conformity to law and regulations, as no 1 case will be approved and patented by the of | fcs uslcss these and alI ether provisions of law Ire substantially complied with
 H. If the law has been complied with in | the matter of marking the location on the l ground and recording the same, and any question arises iu the execution of the survey l IS to the identity of monuments, marks, or l boundaries which cannot be determined by a | -efererence to the record, the deputy should | .ake testimony in the matter hereinbefore | prescribed for surveys of claims located prior l 70 May 10, 1872, and having thus sscertained | he true and correct boundaries originally es- | marked, and recorded, male the | 'urvey accordingly. f"t
 l2 You will at once issue instructions to l Iour deputies, requiring them to abandon the | practice of surveying mining claims under the i iirections of parties in interest, and to con- orrn to the rules as hereinoefore prescribed |
 l3 From an examination of the returns of | iuryeys of mining claims atn satisfied that | n many instances the deputy surveyors cer- 'fy to the value of improvements without 1 ncertaining whether sucn improvements are | made by the claimant or his grantois or not. l
 l4 No improvements should be included | ln the estimate unless they have been made l oy applicant for survey or by those from | whom he derives title.
 15. The value of improvements made upon | other locations, or by other claimants, should l lot be taken into consideration, but excluded | by deputies in their estimate of improvements lpon the claim.
 l6. You will so instruct your deputies, and | hereafter require them to certify in each in- stance that the improvements and expendi- tures considered by them in their estimate, | md which they must describe in their report, were made by the applicant or by the person rom whom he derives title.
 l7. You will acknowledge the receipt here of, aad issue the necessary instructions to | your deputies to secure strict compliance ,Clfh fhe fnraoninn