Year: 1872

and will make a great saving to parties ap-
plying for agricultural lands:


DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, ID. c., March 2Cth, 1872


Register and Receiver, Sacramento, ,Caiior-
nia-Gentlemen: In order to save as much
as possible the expense, trouble, and delay
incident to the present manner OF taking
proofs as to the mineral or agriculiaral char
acter of lands, it is hereby directed that the
testimony upon this point may be taken
before clerk of court of record in and for
the county in which the land in question is
situate after due notice in the following man
ner, to wit:


Hereafter when an application is filed to
enter land as agricultural, which is alleged
under oath to be mineral in character, or
which is returned upon the official township
plat as mineral, or land which is now or may
hereafter be suspended by order of this
office, for proof as to the non-mlneral char
acter thereof, you will, upon such application
being made, require such applicant to pub
| lish at his own expense Il notice thereof tor
four consecutive weeks in weekly news
paper of largest circulation published nearest
to the land in question; such notice TO give
the name and address of the claimant, the
designation of the subdivs' on embraced by
his filing, the names of any miners or inning
companies whose claims or improvements
are upon the land or in the immediate vcln
ity thereof; the names of the parties who
filed the afiidayits that the land is mineral,
and finally the notice should name day
which shall not be less than thirty days from
the date of the first insertion of said notice
in such newspaper, upon which testimony
will be taken before the County Clerk to de-
termine the facts as to the mineral Or non
mineral character of the land; when such
persons as may be brought by the parties in
interest will be examined and their testimony
reduced to writing, the whole to be duly
attesed bv the seal of the court, and trans
mitted to the Register and Receiver, who
will thereupon examine and forward the
same to this Office with their joint opinion as
to the character of the land, as shown by the
testimony.


A copy of this notice must be posted in a
conspicuous place upon each toriy-acre sub
division claimed for four consecutive weeks,
proof of which must be made under oath by
at least two persons, who will state when
|


the notice was posted and where posted.
At the hearing there must be filed the
affidavit of the publisher of the paper that
the said notice was published for the required
time. stating when and for how long such
publication was made, printed copy thereof
TO be attached and made a part Of the affi-
davit.


In every case where practicable, in addition
to the foregoing, personal notice must be
served upon the mineral affiants, and upon
any parties who may be mining upon or
claiming the land.


At the hearing the claimants and witnesses
will be thoroughly examined with regard to
the character of the land; whether the same
has been thoroughly prospected whether or
not there exists within the tract or tracts
claimed any lode or vein of quartz or other
rock in place bearing gold, silver, cinnabar
or "copper" which has ever been claimed,
located, recorded or worked: whether such
work is entirely abandoned, or whether oc-
casionally resumed if such lode does exist,
bv whom claimed, under what designation
and in which subdivision of the land it lies;
whether any placer mine or mines exist upon
the land, if so what is the character thereof;
whether of the shallow surface description or
of the deep cement blue lead or gravel de-
posits: to what extent mining is carried on
when water can be obtained, and what the
facilities for obtaining water for mining pur-
poses; upon which particular forty sub
divisions mining has been done, and at what
time the land was abandoned for mining pur-
poses, if abandoned at all.


The testimony should also show the agr-
cultural capacities of the land, what kind OF
crops are raised thereon and the value thereof,
the number of acres actually cultivated for
crops of cerals or vegetables, and within
which particular forty-acre subdivisions such
crops are raised; also which of these sub
divisions embraces his improvements, giving
in detail the extent and value of his improve
ments. such as houses, barn, vineyard,
orchards, fencing, etc.


1t is thought that bona fide settlers upon
lands really agricultural will be able to show
by clear, logical and succinct chain OF evi-
dence that their claims are founded on law
and Justice, whilst parties who have made
little or no permanent agricultural improve
ments and who only seek title for specula-
tive purposes on account of the mineral de-
posits known to themselves to be contained
in the land, will be defeated in their inten-
| tions.


The testimony should be as full and com
pete as possible; and, in addition to the
leading points indicated above, everything OF
importance bearing upon the question of the
character of the land should be elected at
the hearing.


If, upon review of the testimony at this
office, a forty-acre tract should be found to
be properly mineral in character, the fact
will be no bar to the execution OF the settler
legal right to the remqining on-mlneral por-
ton of his claim if contiguous.


The fees for taking testimony and reducing
the same to writing in these cases when