The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1881-04-22
MIN ERAL CLA Inns.
Important Instructions to United States
Surveyors General.

DEPARTMENT OF THE INTERIOR.
GENERAL LAND OFFICE,
WAsIIINGToN, ID. c., March =, 1881.
To United States Surveyors-General:
On the 18th ult., the honorable Secretary
of the Interior established the following rule
in regard to the survey of mining claims, viz:
"The mining survey first applied for shall
have priority of action in all its stages in the
office of the Surveyor-ticneral,i including the
delivery thereof, over any other survey OF
the same ground or any portion thereof"
and authorizes this Office to prescribe regula-
tions for the proper enforcement thereof.
In future, therefore, you will be governed
by these regulations.
|. The Surveyor-General should not Or
der or authorize a survey Of a claim which
conflicts with one previously applied for
until the survey first applied for has been
completed, examined, approved and plated,
and the pats delivered.
2. When the conflict does not appear un-
I'll the feld-notcs of the respective surveys
are returned, then the survey first applied
for should be first examined, approved and
plated, and the plats delivered before the
survey last applied for is taken up for exam
ination or plats constructed.
3. When the survey first authorized is not
returncd within a reasonable period, and the
applicant for conflicting survey makes aiii-
davit that he believes (stating the reason for
l. Al, 1aS Iap
doned his purpose of having a survey made,
or is deferring it for vexatious purposes, to-
wit, to postpone the subsequent applicant,
the Surveyor-Gcncral shall give notice OF
such charges to such first applicant, and call
| upon him for an explanation under oath OF
the delay. lie shall also require the Deputy
Mineral Surveyor TO make full statement
| in writing, explanatory of the delay; and II
| the Surveyor-General shall conclude good
| and sufficient reasons for such delay do not
| exist, he shall authorize the applicant for the
conflicting survey to proceed with the same
otherwise, the order Of proceedings shall not be
changed. The Surveyor-G General shall retain
on his file all aflidavits, etc, relating to the
controversy, and in event OF an appeal from
his action shall forward the same to this
office.
| The Deputy-Surveyors are under your con
troll in the execution Of their work, and yor
will properly instruct them concerning the
prompt execution thereof.
4. Whenever an applicant for survey
shall have reason to suppose that conflict
ing claimant will also apply for a survey TO
patent, he may give notice in writing to thu
Surveyor->;eneral, particularly describin?
such conflicting claim, and file copy of th'
notice of location of such conflicting claim
In such case the Suveyor-General will no
order or authorize any survey of such con
dieting claim until the survey first applied
for has been examined, completed, approved
and plated and the plats delivered.
1t is the intent of the rules adopted a
aforesaid to furnish the first applicants ii
good faith for a survey with the oppornnlt
to first present his application for patent a
the district land office, and thus secure order
lv proceedings. When the field notes AM
plats have been delivered, however, it is he'll
by the honorable secretary that no authorit
exists to prescribe the order in which appl
cation for patent shall be filed, it being TIN
right of the party to present bis appllcatio
when he chooses.
Therefore you will seek to avoid all error
in the matter of delivery of surveys, and
cases of conflicting surveys will pos
pone the delivery of those last applied TO
for such temporary period as will be suiiicieI
to enable the first applicant to present his al
plication for pstent.
When the survey first applied for is exec'
ted and delivered in ignorance OF a confii
which speedily thereafter shall appear
, the return of a subject survey, you will not
r fly the prior party of the existence OF Il
coeflict. If, however, the first survey sha
have been delivered for any considerab
period, at the time the conflict is show sue
notice need not be given. Very respectful
J. A. WILLIAMSON, Com'r.