The Mineral argus., 1883-08-16
MIXING LAW.


MlhiHk hfN4tMs
although defendants location may
appear TO you to be along the line OF
the top, apex or outcrop of the vein,
they cannot prevail against a senior
location on the dip Of the lode.
Ii has been officially decided that
applicants for mining patents are not
bound TO note on the plat, and in field
notes, conflicts with unoflicials surveys.
And, moreover, failure TO comply with
the regulations Of the survey unless the
same fails to comply with the law.
Proof is required where an applicant
for a lode claim seeks to embrace a por-
ton of the surface ground already pat
ented or applied for with a placer claim.
An applicant for patent, who as CO.
owner relocated a mine in his own
name, as single proprietor, is not obliged
to show title back Of such relocation:
but if the proceedings are otherwise re-
gular, and his former co-oWners or other
parties fail to assert an adverse claim.
patent may issue in the applicants
name.
The owner Of a lode claim cannot
sink Il discovery shaft within space of
intersection of a cross-lode claim preyi-
ously located and discovered.
Where there Is no adverse claim OF
protest to a mining application, and the
original papers have been lost, the Gen.
eral Land Office requires no repUblica-
ton of notice of application, but salts
factory evidence oGthe original publica-
ton Is necessary. also as to the posting
Of notice, and hat the same remained
posted during publication notice.
An adverse claimant against appli-
cation for patent on a mining claim is
required by law To commence a suit.
The fact that a suit is pending between
the same parties wherein the adverse
claimant is the defendant, dose not
waive the obligation.
Title cannot legally be initiated to
public lands reserved by the Govern
ment from sale OF other disposition, nor
to lands enormously excluded from Il
reservation by mistake Of a surveyor.
Location of claims upon reserved lands
being void alb initi0, the Commissioner
of the General Land Office has no au-
thCtity to recognize locations made
prior to the Open.lg of such reserved
lands to exploration and entry, as en-
tltllng lOcatOrs to the preference right Of
purchase after the restriction have been
removed Contests arising out of the cir
cumstances indicated between parties
claiming by adverse location, must be
adIudicdtcd 10y the courts.
Any party applying to make entry as
trustee must enclose fully the nature Of
the trust and the name Of the cestui qui
trust; and such trustee, rs well as the
b~eneticiaries, must furnish satisfactory
proof of citizenship; and the names Of
the beneiiciarles, as well as that of the
trustee, must be inserted in the final
certificate of entry.
Posscssory title to a lode claim held
and worked for a period equal to the
time prescribed by the statue of limi-
tltions for mining claims Of the State or
Territory in wich the same may be stu
ated, may, IN the absence Of any adverse
claim be established in the same man
ner rs now allowed in placer claims.
No entry will he allowed until the
Register has satisfied himself, by n care
full examination, that proper proofs
have been filed upon all the points indi-
Gated in the official regulations in force
and that they show a sufficient bona
tide claim.