Helena weekly herald., 1886-01-14
Sparks Circular.

The following letter of instructions has
lately been received by U. S. land officers
here:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON, D. c., Dec IA, 1885.
To Registers and Receivers and Surveyors
General:
GENTLEMEN:-1. For reasons stated in
decision dated October 81, 1885, in the case
of the Good Return Placer Mine, "a L. D.
221), the Hon. Secretary of the Interior
holds that the circular instructions of 9th
December, 1882, and the first requirement
of the circular of 8th June, 1883, are er-
roneOus, and the same are accordingly
Overruled."
2. Said decision also holds
That the annual expenditure to the
amount of 500, required by section 1924,
Revised Statutes, must be made upon
placer claims as well as lode claims.
3. That compliance with the terms of
this chapter as condition for the making
of application for patent according to Sec
tiOn 1925, requires the preliminary show
ing OF work or expenditure upon each loca-
tiOn, sufficient to the maintenance of pos
session under section 1924, either by show
ing the full amount for the pending year,
or if there has been failure it should be
shown that work has been resumed so as
to prevent relocation by adverse parties
after abandonment"
4. THAT as section 1926 only directs
proof Of expenditure to the amount OF five
hundred dollars by certificate of the sur
veyor general on the claim embraced in
the application for patent it must be error
to hold that it further requires that
amount on each individual original loca-
tion, in lieu of the amount already pro-
vided for by section 1924"
8. Registers will, therefore, before re-
ceiving any applications or permitting
entry upon applications already made, re-
quire satisfactory preliminary showing
of work or expenditure, under paragraph
hereof, upon or for the benefit of each lOca-
tiOn embraced in the claim, which may
when the matter is unquestiOned, consist of
the affidavit of the applicant, clearly and
specifically setting out all the facts consti-
tuting the compliance with the law by
himself or grantOrs. Where application is
made by an incorporated company, or
where an applicant satisfactorily shows by
affidavit that he is not personally acquaint- |
ed with the facts, the applicants affidavit |
may he made by the duly authorized |
agent who has such knowledge, but |
whether made by principal or agent it
must be specifically and fully corroborated
by the afidavits Of at least two dis
interested and credible witnesses familiar
with the facts. This showing must include
the year in which the application for
patent is filed. The evidence specified in
80 of circular n of October 81,
1881, will still be required. Where the
abstract of title is dated prior to the date
of filing the application for patent, con-
of the abstract to and including
such date must be filed before the appli-
cant is allowed to make entry.
6. Where an application for patent en-
braces several locations or claims held in
common, constituting one entire claim,
lode or placer; an expenditure of
$500, under section 1926, r. S., upon such
entire claim embraced in the application
will be sufficient and need not be shown
upon each of the locations included therein
You will observe carefully the modifi ca
ion of the practice and regulations as
lbove indicated.
Approved December 10, 1885,
WIN. A. j. SPARKS,
L. q. c. LAMAR, Commissioner
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