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39. You will report at the close of each month, as "sales of coal lands,” all filings and entries under this act, in separate abstracts, commencing with number one, and thereafter proceeding consecutively in the order of their reception. Where a series of numbers has already been commenced by sale of coal lands, you will continue the same without change. The affidavit required from each claimant at the time of actual purchase will be as follows, to wit:

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claiming the right of purchase under the act of Congress entitled "An act to provide for the sale of the lands of the United States containing coal," approved March 3, 1873, to the in township

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of range subject to sale at - do solemnly swear that I have never had the right of purchase under this act, either as an individual or as a member of an association, and that I have never held any other lands under its provisions; I further swear that I have expended in developing coal mines on said tract in labor and improvements the sum of dollars, the nature of such im; that I am now in

provements being as follows: the actual possession of said mines, and make the entry for my own use and benefit, and not directly or indirectly for the use and benefit of any other party; and I do furthermore swear that I am well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that my knowledge of said land is such as to enable me to testify understandingly with regard thereto; that there is not, to my knowledge, within the limits thereof any vein or lode of quartz or other rock in place bearing gold, silver, or copper, and that there is not within the limits of said land, to my knowledge, any valuable mineral deposit other than coal. So help me God.

I, ——, of the land office at do hereby certify that the above affidavit was sworn and subscribed to before me this. day of —, A.D. 18-.

40. In case the purchaser shows by an affidavit that he is not personally acquainted with the character of the

land, his duly authorized agent who possesses such knowledge may make the required affidavit as to its character; but whether this affidavit is made by principal or agent, it must be corroborated by the affidavits of two disinterested and credible witnesses having knowledge of its character.

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SECTION 89-Mineral land open to exploration and purchase. 90-Status of lode claims previously located-Preserved

by act of 1872.

91-Location of claims.

92-Tunnel locations.

93-Recording location.

94-Annual expenditure on old locations.

95-Annual expenditure on new locations.

96--Same--Time for annual labor under act of January

22, 1880.

97-Annual labor on placer claims.

98-Relocation.

99-Timber.

100-Local laws, rules and customs.

101-Abandonment.

102-Patent-What is conveyed by.

103-Same-Reservations in.

104-Same-For what may be issued under mining laws.

105-Same-Application for.

106-Same-Whether as lode or placer claims.

107-Same-By whom application should be made.

108-Same-Where application filed.

109-Same-Requisites to application for.

110--Same-Filing and posting diagram and notice.

SECTION 111-Publication of notice.

112-Same-Survey-Plat-Extent of claims.

113-Same-Instructions to deputy mineral surveyor
where commissioner is ex-officio surveyor-gen.
eral.

114-Expenditure for patent.
115-Same-Proof-Witnesses-Affidavits.

116-To whom patent will issue-To whom delivered.
117-Effect of erroneous issue of patent.

118-Purchase money.

119-Hearings as to character of land.

120-Same-Burden of proof.

121-Cross lodes.

122-Adverse claims.

123-Same-Facts necessary to be shown.

124-Same-Time within which should be filed.

125-Same-What filed with adverse claim.

126-Same-Affidavit-Fees.

127-Same-Proceedings in court in support of.

128-Same-Effect of waiver by applicant.

129-Same-Waiver by adverse claimant.

130-Same-Conflict not considered as adverse claim.

131-Protests.

132-Appeals.

133-Easements.

134-Town sites.
135-Water rights.
136-Mill sites.

§ 89. Mineral land open to exploration and purchase.—It has been decided that the lands designated as mineral are not withdrawn from exploration and purchase as mining claims where they have been entered for agricultural purposes, when they are of little or no value as agricultural lands, but are essential to the proper development of mining claims.1 And where mineral lands have been included in an agricultural entry, such entry will be canceled upon proper evidence as to the mineral character of the land, at any time before the patent is issued.2 But unknown and unexcepted mineral deposits, in public lands, pass with the title

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granted by patent on an agricultural entry. If a patent be applied for, of a mining claim within the boundaries of the agricultural entry, the entry will be canceled as to that portion of the land embraced in the lines of the mining claim. But if an agricultural entry is permitted, without opposition after due notice, it will not be reopened unless mineral claimants have the possessory right to an actual claim, or fraud was practiced by the agricultural claimant.5 No location of a town site upon land known to contain deposits of valuable minerals will exclude the right of the miners to explore such lands.6 The same is true of an entry under the homestead law.7 And the commissioner of the general land office will render all possible assistance in setting aside an agricultural patent to land embracing a valid mining claim.8 Mineral lands lying in the reservations are not open to exploration and purchase.9

11 Landowner, 18, 144, 180; 2 Id. 82, 146.

2 Copp's Min. Dec. 233. See Infra, § 119 et seq.; "Hearings," etc. 3 Copp's Min. Dec. 208, 233.

4 Copp's Min. Dec. 163.

5 Copp's Min. Dec. 125.

6 1 Landowner, 51; 2 Id. 146; 3 Id. 131.

7 4 Landowner, 17.

8 Copp's Min. Dec. 212.

9 Copp's Min. Dec. 208; 5 Landowner, 179; Sickel's Min. Laws, 355.

§ 90. Status of lode claims previously located, preserved by act of 1872.-It is no part of the purpose of the statute to deprive claimants of the benefits of prior locations. The laws, customs and rules in force at the date of location will govern as to extent, when the locators have not seen proper to avail themselves of the more liberal provisions of the new law.1

1 Copp's Min. Dec. 235; 1 Landowner, 83, 162; 3 Id. 67.

§ 91. Location of claims.-By location the miner obtains the exclusive possessory right to the surface ground embraced in his claim, and as an incident thereto the growing timber on the claim. But a location being illegal and void, the subsequent proceedings, even if in due form, would be invalid.2 So far as the surface ground is concerned, the claim must conform to the location notice and record. However, miners' location notices should not be held to technical accuracy, but are sufficient if they put an honest inquirer in the way of finding the lode. Parol evidence is admissible to show what tract is embraced in the location.4 One which concluded as follows: "We claim 500 feet easterly and 500 feet westerly, situate about 200 feet easterly from the Sacramento," was held not void for uncertainty in the Ophir mining district, Utah, if made prior to May 10, 1872.5 Locations of lode claims made under the law of May 10, 1872, must be accurately described and distinctly marked on the ground. There is no provision of law to prevent the location of other claims on the same lode outside the original location, provided that no single location shall exceed 1,500 feet in length.7 The names of the locators in the notice should be the true ones; and where there is a difference in the given name in the notice, and that which subsequently appears as grantor in a deed, identity of persons must be shown.8 The patent will only issue for the surface ground embraced within the lines of the location.9 Lode claims must be in form substantially, parallelograms.10 Locations are not invalid because made on Sunday, unless prohibited by local law.11 But one vein can be made the basis of location. The middle of the vein must be ascertained by exploration, or the middle of the discovery shaft taken as the middle of the vein.12 The location must comply with State laws.13 Locations are void when

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