The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1879-12-23

The acting commlssior"r continues: The
side (1) of the Florinda lode, lot No. 81 can
net be taken as the end line of the West Wind
lode, for the claimant would then be deprived
Of a portion of the lode (2) for which he has
made application tor patent, and it would fur
thermore be an evasion of The law which
requires that the end lines shall be parallel.
Where a lode intersects another claim and
extends within a prior survey Or location, it
may be patented to the length allowed by
law, and if the end of the lode is found with
in such prior location, the surface ground (2)
may encroach upon the prior survey, provided
the extension of the end line within such
prior location parallel to the other end line
would not exclude any portion of such surface
ground.
The present survey of the claim gives nc
definite eastern end line, and before it can be
carried into patent the extension of the east
-ern end line within the boundaries of the
Florinda Lode, must be given by course and
distance in the field notes, and as indicated
upon the plat by dotted or broken lines.
The practical effect of this is it secures the
later applicant his right to the whole of the
lode, bit not TO the surface ground upon a
previous location. This was tbs former prac-
tice Of :he Office. E. G. Ford, Esq, has charge
of Colbath's case.
Here is another Utah case; the objections
TO patent are here given mainly in the hope
that other applicants for pa,ent may profit
thereby, It is mineral entry No. BAT. OF j.
Sharp Ct a., upon the Great Western lode.
The applicants are John Sharp, James Liv-
%ingston. George Y. Wallace, Charles W. Sny-
der and Charles Livingston, claiming 1900
feet, and the final certificate was made out to
them for the full amount. The abstract OF
title filed in the case shows that Wallace on
the 10Th Of May, 1876, purchased POO feet OF
said claim of James Sharp, and that the same
day he conveyed the same 200 feet to Charles
w. Lyman. The recapitulation and the alb
stract furnished are as follows: James q.
Livingston, 100 feet Charles Livingston, 100
feet; }. Sharp, 100 feet James Sharp, 400
feet; J. Sharp jr, 800 feet; L. Il. Jones, 300
feet; &. W. Lyman, POO feet. Total, 15OO
feet, length of claim applied for and entered.
The Acting Commissioner of the General
Land Office says: Patent cannot issue upon
final certificate unless it can be shown by clear
and definite proof that thc abstract submitted
is erroneous, and that Wallace at the date OF
the application especially had an interest i'll
the claim.
MONTANA CLAIMS.
Mineral entry No. 4G2, in the Helena, Mon
tana Land Office, is a claim upon the Rumley
lode, for which application las been made FOL
patent, and now suspended in the General
Land Office because the location is not aceur-
aiely described no indentification, no proof
that fees and charges have been paid, and nc
COPY of the local mining laws furnished. The
claim of the Monroe Silver Mining Company
upon the Condor lode, in the Bryant Mining
District. Beaverhpad county, Montana, is susr
pended in the Land Office becauses applicant
failed to furuith copy Of the local mining
laws, and also proof OF the fees required nay
ing been paid.