Year: 1872

parties in interest.


Where by reason of proximity to the local
Land Office an applicant to enter lands OF
this class prefers to have the testimony taken
before the Register and Receiver instead of
the clerk of a court of record as aforesaid
he has that option. In such case the mode
Of proceeding is fully set forth in the en-
closed circular of the 9th of May, 1871
which circular is hereby modified as to the
manner of giving notice so as to conform Will
these instructions relative to that point.


1t must be steadily kept in mind that the
testimony hereby authorized to be taken be.
fore clerk of court is not for the purpose OF
determining questions ofconfict between either
pre-emption or mineral claimants, but simply
to determine the character of the land
whether mineral or agricultural


When the testimony is taken before the
Clerk of a court as aforesaid the Register and
Receiver will be entitled to no fees, those
paid by the parties to the County Clerk be-
inc all they are required to pay with refer
ence to the proof as to the character of the
land.


No fear need be entertained that miners
will be permitted to make entries of tracts
ostensibly as mining claims, which are no,
mineral, simply for the purpose of obtaining
possession and defrauding settlers out of then
valuable agricultural improvements, it being
almost an impossbity for such fraud tC
be consumma,ed under the laws and regu-
lations app.cable to obtaining patents tol
mining claims.


The fact that certain tract of land is
decided upon testimony to be mineral ii
character is by no means equivalent to al
award of the land to a miner.


A miner is compelled by law TO give three
months publication of notice and three months
posting of diagrams and notices, as a pre-
lminary step; and then before he can enter
the land he must show that the land yields
mineral; that he is entitled to the possessory
right thereto in virtue of compliance will
local customs or rules of miners, or 10y virtue
of the statute of limitations; that he or his
grantors have expended in actual labor anc
improvements AN amount not less than one
thousand dollars, and that the claim is one
in regard to which there is no controversy OF
opposing claim


After all these proofs are met he is enti-
tied to have survey made, at his own cost,
where a survey is required, and then he can
enter and pay for the land embraced by his
claim.


1t is quite unlikely that miner would
undertake these long and expensive proceed
ings simply for the purpose of attempting to
defraud an agriculturist out of tract o
land which was not mineral but improved
agricultural land, when there is an almost
absolute certainty not only of his scheme be-
ing frustrated but of his being made to fur
nish the proof always required as basis Of
patent for mineral claim.


You are requested to give these instruc-
tons the widest possible dissemination by
furnishing copies hereof to newspapers, if il
can be done without cost to the Government.
AS soon as a supply hereof is furnished by
the public printer this Office will furnish the
local officers with quantity for distribution.
Please acknowledge the receipt.


Very respectfully,


WILLIS DRUMMoND,


Commissioner