The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-03-31
MINERAL SURVEYS.
New Rules Adopted by the Land
Office

- -.a
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, D. c., March 8, 1881.
Gentlemen:
On the Sth ultimo the honorable
secretary of the interior established
the following rule in regard to the
survey of mining claims, viz: 1.-The
mining survey first applied for shall
have priority of action in all its
stages in the Office of the surveyor
general, including the delivery
thereof, over any other survey of
the same ground or any portion
| thereof" and authorized this Office
to prescribe regulations for the
proper enforcement thereof.
In the future, therefor, you will be
governed by these regulations:
1st. The surveyor general should
not order or authorize a survey of
claim which conflicts with one pre-
NJuslY applied for until the survey
first applied for has been compile
ted, examined, approved and plat
"a. When the conflict does not
appear until the field-notes of the
respective surveys are returned,
then the survey first applied for
should be erst examined, approved,
and plated, and the plats delivered
before the feld-nOteS of the survey
last applied for are taken up for ex-
animation or plats constructed.
Sd. When the survey first author
ICED is not returned within reason
able period, and the applicant for a
conflicting survey makes affidavit |
that he believes Stating the reasons
for his belief that such first appli- |
can't has abandoned his purpose of |
having a survey. made, or is defer
ing it for yexatious purposes, to wit:
to postpone the subsequent appli- |
can't, the surveyor general shall |
give notice Of such charges to !
such first applicant, and call upon |
him for an explanation under oath |
Of-the delay. He shall also re-
quire the deputy mineral sur
yeyor to make full statement in
writing, explanatory of the delay
and ii the surveyor general shall CON
clude that good and sufficient rea-
SONS for such delay do not exist,
he shall authorize the applicant |
for the conflicting survey to pro-
coed with the same; otherwise, the
order of proceeding shall not be
changed. The surveyor shall re-
tain on his files all affidavits, etc. re-
lating to the controversy, and in the
event of an appeal from his action
shall forward the same to this Office.
The deputy surveyors are under
your control in the execution of /
their work, and you will properly in
struct them concerning the prompt
execution thereof.
.4th. Whenever an applicant for
a survey shall have reason to sup
pose that conflicting claimant will |
also apply for survey for patent he
may give notice in writing to the |
surveyor general, particularly deS-
cribing such conflicting claim, and /
file copy of the notice of location
of such conflicting claim. In such
case the surveyor general will not
order or authorize any survey of |
such conflicting claim until the sur
Yey first applied for has been exam
ined, completed, approved, and plat
ted, and the plats delivered.
1t is the intentof the rules adopted |
as aforesaid to furnish the first APP
plicant in good faith for a survey
with the opportunity to first present |
his application for patent at the dis
trict land Office, and thus. secure or
derby proceedings. When the field |
notes and platS have been delivered,
however, 1t Is held by the honorable |
secretary that no authority exists to |
prescribe the order in which appli- |
cation for patent shall be filed, it |
being then the right of the party to
present his application when he
chooses.
Therefore you will seek to avoid |
errors in the matter of delivery of
surveys, and in case of conflicting
surveys will postpone the delivery of
those last applied for for such tenn
porary period as will be sufficient to
enable the first applicant to present
his application for patent.
When the survey first applied for
is executed and delivered in ignor-
ance of a conflict which speedily
thereafter shall appear by the re-
turn of subsequent survey, you
will notify the prior party of the ex-
istence of the conflict. If, however.
the first survey shall have been de-
livered for any considerable period
at the time the conflict is shown,
such notice need not be given.
Very respectfully,
j. A. WILLIAMSON,
ft Commissioner.
To II. 81. StLrceUors General