Bisbee daily review. [volume] (Bisbee, Ariz.) 1901-1971, 1908-08-16

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board Of the Office where it remains a
month, and the other is given TO the
applicant who must. at his own ex-
pense have it published in the official
paper Of the state, territory or federal
tdisirlct, three consecutive times with
IN forty days of its issuance. Copies
of the papers containing the publica-
! ton must be delivered to the agency
to be .aeluded in the "Expediente" or
| coilocticn of all papers relating to the
! announcement. A clerk in the mining
Office usually attends to this matter
fos TIE claimant.
! 4 period of go days from the date OF
| the extract, not counting Sundays and
I legsl Holidays, is fixed, in Which the
surveyor must ceasure the claim and
present to the agency the plan, on
heavy paper and two copies on tracing
cloth with his report
| If at any time during this period
the applicant decides that he no long
er desires the claim, by proper notice
| to the mining agent, he may secure
an order for the immediate return of
| the deposit. After the expiration of
! this period If the claim is not titled
| for any cause whatever, the deposit Is
returned TO the applicant only after
I the expediente has been finally con-
sidered in Mexico City.
| The expediente relating to the de
nouncement remains open in the
agency for four months to receive OPP
position from the owner of the sur
face or claimants of prior rights or
owners Of invaded claims. No per-
mission from the owner of the soil is
necessary to make the announcement.
but ne may oppose it on the ground
that there are no ore deposits In
4 case of a contest, il is me duty OF
1 the mining agent 10 bring the con
test2nts together and endeavor to set
tie the matter without appeal to the
courts. If the opposition comes only
from the owner of the surface and
/ the engineer reports mineral deposits
] in the ground, the progress of the ap-
plication is not delayed, but the claim
ant must condemn the surface needed
I through the courts. The mineral de
nouncement carries with it no right
! to tho surface included within its
lines, except as arranged amicably
with owner of the surface or con-
demned through the courts. Stuff
cient surface can be condemned lui
building, dumps, machinery, etc, but
the law contains no provision allowing
ground to be condemned for wood, wa
| ter or grazing purposes.
The mining agent is required by
| law to deliver to the surveyor a cef-
titled copy of his appointment, giving
the essential data uf the denounce-
ment and declaring that any persons
Iopposing the execution of his work
shall be subject to the penal code.
The surveyor goes upon the ground
accompanied by the applicant and the
owners of all claims within loom.
whom he has previously cited for the
occasion and runs osIJ the lines in
accordance with the wishes of the
interested parties so far as the de-
lnouncement permits, marking places
| for monuments. so placed that from
any one, one preceding and one fol-
flowing may be seen. The construc-
ton and maintenance of the monu-
mauts Is the duty of the applicant.
They are, however, usually construct
! ed by the surveyor. Sights should be
! taken from the starting point and
from some of the vertices 10 prOmi-
inent natural objects. Ties must be
made to all claims within 100 m.
/ The topography should be sketched
and the declination of the magnetic
needle determined. He then prepares
an original plan and two tracings
showing a plot of the claim to sim
pie metric scale, with all claims 10
Gated within 100 m. of its lines,
giving all bearings with reference to
/ the true or astronomic meridian and
faIl distances in metric units. Adioin-
ing free OF undenounced ground must
/ be so marked. The true and magnetic
meridians should be shown by arrows.
| Ties must be shown to all prior claims
Lying within 100 m. He also prepares a
report containing All the data given
: on the plan, so that should the lattef
be lost it could be reconstructed from
this report alone.
| The absence of a public survey, of
anything corresponding to the United
States location monuments in the
United States, and of systematic or
full records in the mining Office rem
ders the task of the surveyor very
difficult and often vitiates the most
painstaking work,
In case the claim is found to invade
prior concession, destruction must be
made by the claimant or his attorney,
within four months from date of de-
.nouncement, by the presentation of
paper ia duplicate similar to the orig
ina1 announcement, referring to the
same and describing the boundaries
as desired amended. The reduction
may be made to exact pertenencias,
which no longer invade the prior
claim, or to the lines of that claim,
be the area what 1t may. In case the
reduction is made before the expira-
ton of the surveyors period he may
hand in plans showing the claim as
reduced, otherwise he must prepare
two sets of plans-one showing the
original announcement and the con
fiict, the other showing the amended
claim.
Within 10 days after the expiration
of the prescribed four months from
the data of the extract, the agent
sends to the secretary of fomento, in
Mexico City, a copy of the expediente.
together with the tracings of the
plan. There they are examined and
IL found faulty in any respect. proper
correction is ordered made in the To-
cal office, after whica the petition is
finally granted or rejected. If ap-
proved, the title is issued and signed
by the president. stamps amounting
to $3.50 per pertenencia being can
celed on 1t. and together with one Of
the tracings of the plan, is sent.
through the local mining agent, TO
the applicant. In case of rejection.
notice Of the same is sent the local
mining agent, who publishes il on the
bn'Iefii. board fo~ 20 davs before the
ground is opened for announcement
BY new parties. Tie same procedure
is required in case the taxes are not
Maid and the claim Il declared Lost