Year: 1879

Where two or more veins intersect (

 cross each other, priority of title sha , govern, and such prior location Shall b

 entitled to all ore or mineral containe

 within the space of intersection; but th

 subsequent location shall have the righ of way through the space of intersectio for the purposes of the convenient work

 ing of the mine. And where two or nor

 veins unite, the oldest or prior Iocatio. shall take the vein below the point o union, including all the space of intcrsec ton. In regard to

 ADVERSE CLAIMS. Adverse claimants must file separate and distinct claim against each applica tion which it is alleged conflicts with the premises owned by such adverse claimant

 The papers in an adverse claim once filed cannot be withdrawn, but become q part of the record.

 When an adverse claim has been filed it cannot be amended so as to embrace a larger portion of the premises than that described in the original adverse claim. 1 An adverse claim filed after the expira- 1 tion Of the time prescribed by statute 1 cannot be considered, and no extension of time can be given for filing adverse claims.

 An adverse claim must be made out in proper form and filed in the proper local 1 office during the period of publication ot the application for the patent to be effective.

 1 It is the duty of the adverse claimant to commence suit in proper form withi.. the required time, and il he trusts the uncertain medium of the United States mail he must abide the consequences. should delay ensue through misfortune or accident. Should tue failure to com mencr suit be the result of the unudvise,. ] or the corrupt or dishonest action of his attorney, the Interior Department cannot redress the wrong.

 An adverse claimant should set forth in detail the facts upon which he bases his adverse claim. A statement in general terms, embodying conclusions of law without stating the facts specifically, will not be considered in evidence.

 An adverse claimant should show a compliance with the local laws in record ing his claim and in regard to expendi- ,ures, and should file copy of the origi- nal notice of his location, and show the nature or extent of the conflict alleged

 An allegation of parties to suit :hat they compose the company is sufficient, and they are not required to prove that they are the original locators, or the iden- ticsl parties who presented the adverse claim.

 Suit or action should be commenced by the adverse claimant. in order to entitle him to stay of proceedings. The Act of 1872 expressly requires it to be done with iu thirty days from the filing of tue ad- verse claim.

 AGRICULTURAL AND MINERAL LANDS.

 Where land is of little if any value for agricultural purpose, but is essential to the proper development oi mining claims, it should be disposed of only 4uoes the mining act.

 Where lands containing valuable mine. rsl deposits have been included in au az. ricultnral entry, said entry will be can. celled at any time prior to issuance of patent, upon satisfactory evidence uf the existence Of such valuable deposits.

 Where valuable deposits of mineral are discovered upon tract after the same has been entered as agricultural, but be. fore patent has been issued, the parties claiming the niue may make application for patent for the same, and the agricultu- ral entry will be cancelled to that portion of the land embraced by said mining claim.

 Where mineral deposits are discovered on agricultural lands after the patent has been issued to an agricultural claimant, they pass with the patent.

 Agricultural college scrip cannot be re- ceived in payment for mining claims.

 ALIENS.

 A foreigner may make a mining loca. 'ion and dispose of it, provided be be- comes q citizen before disposing of the inine. Proof that the party was not a ciuzen before disposing of his claim must oe arnrmatively shown.

 Locators and intermediate owners other than applicapta will not he or..,xoI