The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1906-03-16
LATE MINING DECISIONS

"All ~afidavits under the mining laws
are required TO be verified in accordance
with the provisions of section 1885 OF
the Revised tSatutes, except where au-
thority for their execution is otherwise
specifically given by statute.
The oath to an adverse claim, made
by the agent or attorney-in-fact of the
adverse claimant, under the act of
April %, 1882, must be verified before ar
authorized officer within the land dis
trict where the adverse claim is situated,
in accordance with the provisions CT
said section 1885.
Where the oath to an adverse claim
is made by the agent of the adverse
claimant outside of the land district, al
though before a notary public whose
jurisdiction extends throughout a county
lying partly within and partly without
the lane district, such adverse claim is
not properly verified within the meaning
OF said section 1886.
Departmental decision in case of
Lonergan ". Shockley, 33 l.. D., 23S, in
SO far as in conflict with this decision,
overruled."
Mates v. Treasury Tunnel, Min
ing and Reduction Co., con Re-
view, "a l.. D., 314.
1.-THE provision of section 1887 OF the
Revised Statutes that: Where non
mineral land not contiguous to the vein
or lode is used or occupied by the pro-
prietor of such vein or lode for mining
or milling purposes, such non-adjacent
surface ground may be embraced and in
cluded in an application for a patent for
such vein or lode, and the same may be
patented Herewith, subject to the same
preliminary requirements as to survey
and notice as are applicable to veins or
lodes,' construed. Held: The words
vein or lode in said section, are not
used in the restricted sense of indicating
a body of mineral, or mineral-bearing
rock, in place, only, but are used in the
larger sense of designating a located
vein or lode claim, and that only nom
mineral land not contiguous to a vein or
lode claim may be appropriated for mill
site purposes.
Direction given hat all applications
FOR mill site patents which may be made
and carried to entry before July l, 1906,
or which may, by protest or otherwise.
without the fault of the applicant. be
prevented from being carried to entry
before that date, where the locations of
the claims were made and perfected un-
der the law in all other respects prior
10 January l, 1904, shall be adjudicated.
in respect TO the matter of contiguity of
the mill site claims to vein or lode
claims, under the practice which pre-
vailed in the general land office prior TO
the departmental ruling in the case or
Alaska Copper company"
Brick Pomeroy Mill Site, "a L. D..
800.
Section 1887 of the Revised Statutes
~contemplates that at the time applica-
ton is made for patent to a mill site
claim the land embraced therein is being
used or occupied for mining or milling
purposes.
Section 1887 does not
that patent may be obtained for a separ-
ate mill site for Zach of a group of con-
tlguous lode claims held and worked un-
der a common ownership, and where
more than one mill site is applied for in
connection with a group of lode claims
a suficient and satisfactory reason
therefor must be shown"
Hard Cash and Other Mill Site
Claims, "a L. D.. 325.