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of the SW. of Sec. 17..., in Township No. | attached field notes and return of the survey 14 S...., Range No.....69 W. of the 6th P. M. of the mining claim of ...... and that my report of such examina- as the... situate in... tion, hereto attached, is specific and in detail, and is a full and true statement of the facts upon all the points specified in said circular. .A. L. HAWLEY..

U. S. Deputy Mineral Surveyor. Subscribed and sworn to by the said... A. L. Hawley...., U. S. Deputy mineral surveyor, before me, ....a notary public in and for El Paso County, Colorado...., this.... 20th....day of....February, 1893.

[SEAL.]
..B. F. CLARK.
.Notary Public...
My commission expires December 20, 1893.

(4-696.)

CORROBORATIVE AFFIDAVIT UNDER GENERAL LAND OFFICE CIRCULAR "N" OF SEPT. 23, 1882.

STATE OF COLORADO, County of El Paso....

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....W. H. Wilson....and....J. P. Thompbeing first duly sworn, severally depose and say that he is personally and well acquainted with the placer mining claim of ....T. E. Jenkins et al..........., known as the

Cumro placer..., situate in ....Pike's Peak...Mining District..., El Paso...County, Colorado... embracing....32.07 acres and forming a portion of the S. of the SW. ↑ of Sec. 17, ....in Township No....14 S.. Range No....69 W. of the 6th P. M..... ; and also with the character of all the land included in said claim, and has been so acquainted for....10 and 12....years last past; that his knowledge of said claim and land is derived from....prospecting the ground and working the claim...., and is such as to enable him to testify understandingly with regard thereto; that he has carefully read the foregoing report of....A. L. Hawley.... U. S. Deputy mineral surveyor, and that to his own personal knowledge said report is in all respects true and accurate.

.W. H. WILSON... J. P. THOMPSON.

Subscribed and sworn to by the abovenamed persons this....20th....day of....February... 1893. .B. F. CLARK. [SEAL.] ...Notary Public.... My commission expires December 20, 1893.

.....

(4-687.)

SURVEYOR GENERAL'S CERTIFICATE
OF APPROVAL OF FIELD NOTES
AND SURVEY OF MINING CLAIM.

DEPARTMENT OF THE INTERIOR,
OFFICE OF U. S. SURVEYOR GENERAL,

...

18.. 18..

known mining district, County, in Section ...., Township No. Range No....., designated as Survey No. .... executed by U. S. deputy mineral surveyor, under my instructions dated have been critically examined and the necessary corrections and explanations made, and the said field notes and return, and the survey they describe, are hereby approved. A true copy of the copy of the location certificate filed by the applicant for survey is included in the field notes.

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I, U. S. Surveyor General for hereby certify that the foregoing transcript of the field notes, return, and approval of the survey of the mining claim of .., known situated in ...... mining district, County, in Section Township No. ..., Range No. ...., and designated as Survey No. has been correctly copied from the originals on file in this office; that said field notes furnish such an accurate description of said mining claim as will, if incorporated into a patent, serve fully to identify the premises, and that such reference is made therein to natural objects or permanent monuments as will perpetuate and fix the locus thereof.

And I further certify that five hundred dollars' worth of labor has been expended or improvements made upon said mining claim by claimant or . grantors, and that said improvements consist of ......, and that no portion of said labor or improvements has been included in the estimate of expenditures upon any other claim.

I further certify that the plat hereof, filed in the U. S. Land Office at ....... is correct and in conformity with the foregoing fieldnotes. U. S. Surveyor General For

APPENDIX A.

CIRCULAR TO APPLICANTS.

To Applicants for Mineral Survey Orders: You will observe the following requirements in the conduct of your business with the Surveyor General's Office, the same being hereby certify that the foregoing and hereto based upon the United States mining laws

I, U. S. Surveyor General for

18..

do

and circular and special instructions from the Commissioner of the General Land Office:

1. All applications for survey orders, descriptive reports on placer claims, or certificates of $500 expenditure, should be addressed to the Surveyor General* and be signed by the claimants, their agent or attorney.

2. Each application should contain: (a) The name of the claimant in full, and as it is desired to appear in the application for patent.

"The only relief for a party under such circumstances, will be to make a new location in conformity to law and regulations, as no case will be approved by this office, unless these and all other provisions of law are substantially complied with." (See General Land Office circular dated Nov. 20, 1873.)

5. Paragraph 99, General Land Office circular of December 10, 1891, edition December 1, 1894, relating to the expense of office work connected with the survey of mineral

(b) The name of each location embraced in claims, reads as follows: the claim.

(c) The name of the land and mining dis

tricts in which the claim is located.

(d) The name of the United States deputy mineral surveyor to whom it is desired the order shall be issued.

(For form of application see page 27.) † 3. You are required to file with each application for survey order, a copy of the record of location of the claim, properly certified by the recorder of the county or mining district

where the claim is situate.

4. The deputy mineral surveyor is required to survey the claim in strict conformity with

or within the lines of the location upon which the order of survey is based. You are, therefore, advised before filing your application to see that your location has been made in compliance with the law and regulations, and that it properly describes the claim for which the patent is sought.

The act of Congress of May 10, 1872, expressly provides that "the location must be distinctly marked on the ground, so that its boundaries can be readily traced," and "that all records of mining claims hereafter made shall contain the name or names of the locators, the date of location, and such a description of the claim or claims, located by reference to some natural object or permanent monument, as will identify the claim."

"With regard to the platting of the claim and other office work in the Surveyor General's office, that officer will make an estimate of the cost thereof, which amount the claimant will deposit with any assistant United States treasurer, or designated depository, in favor of the United States treasurer, to be

passed to the credit of the fund created by lic lands,' and file with the Surveyor General 'individual depositors for surveys of the pubduplicate certificates of such deposits in the

usual manner."

6. The various Surveyors General have

adopted schedules of rates for office work, and an estimate of the cost in any particular case may be had upon application.

Should an applicant deem an estimate excessive, he will be allowed the right of appeal to the General Land Office in the usual man

ner.

In transmitting such an appeal the Surveyor General should transmit therewith a full report.

7. Should the office work in any case amount to more than the estimate, or if an amended order is issued, an additional deposit will be required.

8. In districts where there are no United States depositories, you should deposit with the nearest assistant United States treasurer, or depository, and in all cases immediately forward the original certificate to the Secre

Surveyor General's office, retaining the triplicate for your own use and security. Under no circumstances will the deposit be made by the Surveyor General. (See paragraph 5, preceding.)

"These provisions of the law must be strictly complied with in each case to entitle a claim-tary of the Treasury and the duplicate to the ant to a survey and patent, and therefore should a claimant under a location made subsequent to the passage of the mining act of May 10, 1872, who has not complied with said requirements in regard to marking the location upon the ground, and recording the same, apply for a survey, you will decline to make it."

9. An application for an amended survey order must be accompanied with a statement setting forth fully the reasons for the pro

* See page 172 of this book for list of offices of United States Surveyors General.

+ Page 157 of this book.

posed amendment and all the material facts | his belief) that such first applicant has abanin the matter.

10. If, after having obtained a survey order, you should abandon your purpose of having a survey made, you can apply the deposit, less the amount estimated for office expenses already incurred, on a new survey if one is de

sired.

11. Upon discovery of any error or defect in an order you are requested to return it to the Surveyor General's Office for correction or amendment.

12. If, after having obtained an order for survey, you should find that the record of location does not practically describe the location as staked upon the ground, you should file a certified copy of an amended location certificate, correctly describing the claim, and obtain an amended order for survey. If a relocation of the claim is made embracing ground not included in the original order, or other material change is made, you will abandon the original number of the order for survey, and a new order will be issued in which a number in the current series will be substituted.

13. The order of approval of surveys of mineral claims is prescribed by General Land Office circular dated March 3, 1881, as fol

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doned his purpose of having a survey made, or is deferring it for vexatious purposes, to wit, to postpone the subsequent applicant, the Surveyor General shall give notice of such charges to such first applicant, and call upon him for an explanation under oath of the delay. He shall also require the deputy mineral surveyor to make a full statement in writing, explanatory of the delay; and if the Surveyor General shall conclude that good and sufficient reasons for such delay do not exist, he shall authorize the applicant for the conflicting survey to proceed with the same; otherwise the order of proceedings shall not be changed.

"Whenever an applicant for a survey shall have reason to suppose that a conflicting claimant will also apply for a survey for patent, he may give a notice in writing to the Surveyor General particularly describing such conflicting claim and file a copy of the notice of location of such conflicting claim. In such case the Surveyor General will not order or authorize any survey of such conflicting claim until the survey first applied for has been examined, completed, approved, and platted and the plats delivered."

14. You have the option of employing any United States deputy mineral surveyor in the district to execute the order of survey, and must make satisfactory arrangments with such surveyor for the payment for his services and those of his assistants in making the survey, as the United States will not be held responsible for the payment of the same. The duty of the deputy surveyor in any particular case ceases when he has executed the survey and returned the same to this office. He is not allowed to prepare for the mining claimant the papers in support of an application for patent, being precluded from acting either directly or indirectly as attorney in mineral claims. (Sec. 2334, United States Revised Statutes; * see Appendix B hereof.)

15. You are advised of your right to appeal to the Commissioner of the General Land Office from the approval or disapproval of the survey of your claim. The appeal must be in writing or in print, should set forth in brief and clear terms the specific points of exception to the ruling appealed from, and should be transmitted through the Surveyor

General's office.

* Page 335.

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MINING DISTRICTS AND SURVEYORS | full period of sixty days, such certificate to

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29. The claimant is then required to post a copy of the plat of such survey in a conspicuous place upon the claim, together with notice of his intention to apply for a patent therefor, which notice will give the date of posting, the name of the claimant, the name of the claim, mine, or lode; the mining district and county; whether the location is of record, and, if so, where the record may be found; the number of feet claimed along the vein and the presumed direction thereof; the number of feet claimed on the lode in each direction from the point of discovery, or other well-defined place on the claim; the name or names of adjoining claimants on the same or other lodes; or, if none adjoin, the names of the nearest claims, &c.

30. After posting the said plat and notice upon the premises, the claimant will file with the proper register and receiver a copy of such plat and the field notes of survey of the claim, accompanied by the affidavit of at least two credible witnesses, that such plat and notice are posted conspicuously upon the claim, giving the date and place of such posting; a copy of the notice so posted to be attached to, and form a part of, said affidavit.

43. In sending up the papers in the case the register must not omit certifying to the fact that the notice was posted in his office for the

state distinctly when such posting was done and how long continued.

III. DECISIONS.

1. Though publication of notice of application for a mineral patent in a weekly paper must continue sixty-three days, it does not follow that notice by posting must cover that time. The requirement is that there must be sixty days of contemporaneous publication and posting. Great Western Lode, 5 L. D. 510.

2. To bar the rights of adverse claimants notice of application must be given for sixty days, concurrently, by publication, posting on the claim and in the land office. Tilden v. Intervenor M. Co., 1 L. D. 572.

3. Where a mineral application is presented at the local land office before the plat and notice have been posted on the claim, such application is void. De Long v. Hine, 1 L. D. 545.

4. Though the affidavit of posting of notice and plat should not be made before claimant's attorney, as notary public, an affidavit so made is irregular but not void. Bright v. Elkhorn M. Co., 9 L. D. 503.

5. An affidavit of continuous posting of plat and notice of application upon the claim need not be based upon continuous personal observation of the same. Bright v. Elkhorn M. Co., 9 L. D. 503; Tangerman v. Aurora Hill M. Co., 9 L. D. 538.

6. Proof of posting notice and diagram on the mining claim should be specific as to when the period of such posting commenced. Prince of Wales Lode, 2 C. L. O. 2.

7. It is too late to raise a technical objection to the affidavit of posting the plat and notice after action on said affidavit and the allowance of the entry. The affidavit of posting may be properly made by a claimant whose knowledge of the fact is derived from personal observation at various times of the plat and notice as posted, and from such information with respect thereto as could be accepted by a reasonably cautious man. Bright v. Elkhorn M. Co., 9 L. D. 503.

8. Where an entry is defective in that proper posting of notice of application and plat upon the claim is not shown, the claimant should be allowed to give new notice by

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