The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1921-06-23

constitute the highest authority as TO
what land is patented, and in case Of
lanv conflict between the said monu-
ments of such patented claims and the
descriptions of said claims in the
patents issued therefor the monu-
ments on the ground shall govern, and
erroneous or inconsistent description
or calls in the patent descriptions
shall give way thereto. Where by the
segregation of minera Hands in any
legal subdivision a quantity Of agri-
cultural land less than 40 acres re-
mains. such fractional portion of ag-
riculturaI land may be entered by any
party qualified by law. for homestead
or preemption purposes
Surveys.
"Sec. H. The surveyor general Of
the United states may appoint in
each land district containing mineral
lands as many competent deputy sur
veyors as shall apply for appointment
to survey mining claims. The ex-
penses Of the survey of mining claims,
together with the cost of publication
of notices shall be paid by the appli
cants. and they shall be at liberty to
obtain the same at the most reason
able rates, and they shall also be at
liberty to employ any United States
deputy surveyor to make the survey
The commissioner of the general land
office shall also have power to estab
fish the maximum charges for sur
veys and publication of notices under
this act: and. in case of excessive
charges for publication, he may des-
ignate any newspaper published in a
land district where mines are situat-
ed for the publication Of mining no
tices in such district and fix the
rates to be charged by such paper;
and, to the end that the commission
err may be fully informed on the sub
iect each applicant shall file with the
register a sworn statement Of all
charges and fees paid by such appli-
cant for publication and surveys, to-
eether with all fees and money paid
the receiver and the receiver of the
land office which statement shall be
transmitted. with the other papers in
the case. to the commissioner of the
general land office
Notification of Affidavits-Notice of
Content.
"Sec. 70 All ahidavits required to
be made under this act may be veri-
fled before any officer authorized to
administer oaths. All testimony and
proofs may be taken before any of
fcer authorized to administer oaths
within the land district where the
claims may be situated, and, when
duly certified by the officer taking the
same. shall have the same force and
effect as if taken before the register
and receiver of the land office. In
cases of contest as to the mineral or
agricultural character of the land !
the testimony and proofs may be TAX
en- as herein provided on personal no !
tice of at least 10 days to the oppos- |
ing party; or il such party can not |
be found. then by publication of at
least once a week for four consecu- |
tive weeks in a newspaper, to be des- |
ignated by the register of the land /
Office as published nearest to the To-
cation of such land; and the register
shall require proof that such notice /
has been given.
Land Required for Mining Purposes /
Other Than in Mineral Claims.
"Sec 10 A. Where unoccupied |
land belonging to the public domain
not contiguous to a mining claim, is
required by the proprietor of such |
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