Year: 1876




general information we have secured and


now publish the instructions of the Com


missioner of the General Land Office in


regard to filing an adverse claim to mine,


as opposed to party who may have already


applied for patent. Read it carefully, or


preserve the printed instructions, and you


will then be enabled to proceed intelligent
| ly in an action of this kind:


ADVERSE CLAIMS.
The 7th section of the act provides for
adverse claims, fixes the time within which
they shall be filed to have legal effect, and
prescribes the manner of their adjustment.


Said section requires that the adverse
claim must be filed during the period of
publication Of notice; that it must be on
the oath of the adverse claimant; and that
it must show the NATURE" the Hboundar-
les" and the "extent'' of the adverse
claim.


In order that this section Of law may be
properly carried into effect, the following is
communicated for the information of all
concerned:


An adverse mining claim must be fled
with the register Of the same land Office
with whom the application for patent was
filed, OF, in his absence, with the receiver,
and within the sixty days period of news
paper publication of notice.


The adverse notice must be duly sworn
to before an officer authorized to administer
oaths within the land district, or before the
Register OF Receiver; it will fully set forth
the nature and extent of the interference
or conflict; whether the adverse party claims
as purchaser for valuable consideration,
or as a locator; if the former, the original
conveyance, or a certified copy thereof,
should be furnished, or if the transaction
was mere verbal one, he will narrate the
circumstances attending the purchase, the
date thereof, and the amount paid; which
facts should be supported by the affidavit of
one OF more witnesses, if any were present
at the time; and if he claims as locator,
he must file duly certified copy of the
aoea+aon from the office of the proper re-
oerder


In order that the boundaries " and
"extent :" of the claim may be shown, it
will be incumbent upon the adverse claim
ant to file pat, showing his claim and its
relative situation or position with the one
against which he claims, SO that the extent
of the conflict may be better understood.
This plat must be made from an actual sur
vey by United States Deputy Surveyor,
who will officially certify thereon to it's cor
rectness; and, in addition, there must be
attached to such plat of survey certificate
Dr. sworn statement by the surveyor, as to
The approximate value of the labor per-
formed, or Improvements made upon the
claim of the adverse party and the plat
must Indicate the position of any shafts,
or other improvements, if any such |
sxist, upon the claim of the party opposing I
he application.


Upon the foregoing being filed within |
he sixty days as aforesaid, the Register
II, in his absence, the Receiver, will give
lotice in writing to both parties, to the con-
est that such adverse claim has been filed,
informing them that the party who filed the
diverse claim will be required, within thirty
lays from the date of such filing, to COM
nence proceedings in court of competent |
Jurisdiction, to determine the question of
light Of possession and to prosecute the
anne with reasonable diligence to final
Judgment; and that should such adverse
laimant fail to do so, his adverse claim
viii be considered waived, and the applica-
ion for patent be allowed to proceed upon
is merits.


When an adverse claim is filed, as afore-
aid, the Register or Receiver will endorse
pom the same the precise date of filing,
nd preserve a record of the date of notii-
atoms issued thereon; and thereafter all
roceediugs on the application for patent
ill be suspended, with the exception of
le completion Of the publication and post
lg of notices and plat, and the filing of |
le necessary proof thereof, until the con-
oversy shall have been adjudicated in
,urt, or the adverse claim waived or with
rawn.
The proceedings after rendition of iudg- ,
ent by the court in such case are so clear ;
defined by the act itself as to render it
necessary to enlarge thereon In this
ace.