The Ely miner., 1904-03-11
INSTRUCTIONS.
Received by Special Agents and
REGISTERS and Receivers.

All land officers have received in.
structions from the Interior depart.
ment regarding the taking Of proofs
and all special agents have also been
instructed in regards to proofs taken
before L. S. commissioners or Others
otherwise than before the land Office
officials. The registers and receivers
have received the following:
The following regulations govern.
ing your office in The examination OF
final proofs are prescribed, and will
supersede Office instructions of May
IL, 1895. relative To tie same matter:
l.-You will carefully observe the
manner and form governing the max
lug Of final proofs and require ap
plicants to proceed strictly in ac.
corddnce Herewith.
2.-Where in thesubmission of final
proof it is shown otherwise than by
special agents report that such final
proof is fraudulent or illegal you will
reject the same aud give due notice
thereof in the usual manner.
3.-Where you believe the proof to
be fraudulent or not made in good
faith and in violation of the law, you
will suspend the proof and report the
case to the special agent of your dis
trict, if there be ore. with all material
facts, including the names and ad-
dresses of claimants and witnesses
and also your reason for the suspen-
sion. Thereafter you will regularly
- IN. Il - .xy;tl I,
report of the facts in the case.
with respect to final proofs
taken before you no investigation by
special agents will be required unless
requested by you or directed by this
office. or where the special agent has
reason to believe such an investiga-
zion is necessary. Should an invest
igation be deemed necessary. upon
notice thereof you will suspend action
on the case and forward the proof to
this Office in the usual manner.
Sin the absence of any investlga-
tion of any case in which final proof
is made before yOB,. and the proof is
complete. you wiliall final receipt
and ticket to issue and forward the
record in the case to this office in the
regular manner.
6.-With respect to final proofs
taken before other officers you will,
upon issuing notices of intention 10
make such proof, furnish copy there
of to the special agent In your dis
Lrict, if there be one. Upon receipt
thereof, the specixi agent will take
such action as viii serve the best in
crest Of the government.
Tn any such case where tile
special agent is satisfied win per-
>unal examination that the claim Is
in good faith he will so advise you.
when you will consider the proof in
the usual manner If. on the other
hand. lie has reason to believe that
the claim for which final proof is of.
fered Was not made in good faith OF
that for any feason the law has not
been complied with, and that inyes-
rigation should be made, he will ad-
wise your office, in which event you
will suspend the proof upon its receipt
and forward the same to this office.
In all cases of final proof made be-
fore other officers. you and the specia
agent in your district, if there be one
must agree as to the bona hdes Of sucl
proof. If you are agreed that the
claim is in good faith and that the
aw has been complied with you viii
allow the claim ~ pass TO entry. IL
you find to the contrary you will sus
pend the proof ard proceed as above
indicated. In tie case of disagree
ment between you and the specia
agent, or either Of you. you will for
ward the entire record and await in
structions.
9.-With respect to the officer Other
than yourselves before whom hna
proofs may be taXen under the law
YOU will report to this Office any such
officers whom you have reason TO be
iieye fail to comply with the law il
the matter Of final proofs or art
charged with any misconduct in con
nection with such proofs or completely
| in an effort TO defraud the govern
ment. Upon receipt of such report
such action will be taken as will re
-nlt in removing the cause of com
plaint.
lO.-You wf1l advise applicants de
string TO make final proofs befor'
| other officers that such a course ma!
cause delay in the completion 0
| their claims. inaSmuch as they ma
require examination by a specia
agent.
| u.-With respect to final proofs il
| timber and stone cases. the cross
examination required in accordanc
with the rules in such cases must b
reduced in writing by the officer
before whom final prouf is taken
and submitted as part of The tina
proof. In all cases, however. til
cross-eXamination, whether writer
or oral, must fully and completed
test the iona fides CT applicants
With respect thereto you will Pre-
ceed on the lines heretofore followe
as there must be no departure fron
tie policy OF tliis Office in requirin
it to be satisfactorily shown tha
the law has been complied with.
You will acknowledge receipt here
of. and hereafter proceed in stric
accordance herewith.
Very respectfully.
w. A. RICHARDS,