registers and receivers; but when parties are brought before the register and receiver, such costs shall be collected and provision required for such further notification as may become necessary in the usual progress of the case to final decision. When the hearing is ordered on the application of a party, a deposit of a sufficient sum should be required before notice of hearing is issued.12 1 2 Landowner, 98. 2 2 Landowner, 146. 6 2 Landowner, 180. 8 5 Landowner, 18. 9 Copp's Min. Dec. 17. 10 Sickels' Min. Laws, 355. 11 Sickels' Min. Laws, 501. 12 Sickels' Min. Laws, 505. § 120. Same-Burden of proof.-Where land excluded from survey and sale was subsequently returned by the surveyor-general as mineral land, the burden of proof is upon the agricultural claimant. It is always upon the party who denies the correctness of the surveyor-general's return. And where land returned as agricultural has subsequently been withdrawn as mineral, the burden of proof is shifted to the agricultural claimant.2 Where the land has been returned as agricultural, and as such entered and payment made, and is subsequently alleged to be mineral, the burden of proof is on the mineral claimant.3 The situation of the land in a well-known mineral region throws the burden of proof on the agricultural claimant.4 1 3 Landowner, 130; Sickels' Min. Law, 349. 2 4 Landowner, 19; 6 id. 91. 3 Copp's Min. Dec. 77; 6 Landowner, 91. 4 Sickel's Min. Laws, 355. § 121. Cross lodes.-Where two veins intersect or cross each other, priority of title governs and entitles the prior locator to all the ore at the point of intersection, without regard to which claim was first patented. The second location has the right of way through the space of intersection.1 1 2 Landowner, 178; 3 id. 66. § 122. Adverse claims.-The questions decided by the Department of the Interior, in contests between rival claimants of the possessory title to mining claims on the public domain when patent is applied for, are matters of form. The merits of each case must be decided by the courts.1 There must be filed a separate and distinct claim against each application alleged to conflict with the rights of the adverse claimant, as it is contrary to the letter and spirit of the law to allow one protest against several applications for distinct parcels.2 Any member of a mining company having authority may file an adverse claim on behalf of his company.3 When an adverse claim has been filed, it cannot be amended so as to embrace a larger part of the tract in dispute than that embraced in the original claim,4 nor can the papers be withdrawn.5 An adverse claimant desiring to withdraw his opposition to an application, should file a written statement to that effect with the local land officers; or the same result may be accomplished by the dismissal of the suit instituted in support of the adverse claim.7 1 3 Landowner, 162; 6 id. 34; Sickel's Min. Laws, 270. 2 Copp's Min. Dec. 202. 3 Copp's Min. Dec. 19. 4 Copp's Min. Dec. 156; Sickel's Min. Laws, 208. 5 1 Landowner, 51. 6 1 Landowner, 66. 72 Landowner, 68; 1 id. 66. § 123. Same-Facts necessary to be shown.-The facts upon which the adverse claim is based should be set forth in detail. Mere conclusions of law will not suffice.1 Ownership of the adverse claimant must be alleged;2 but an instrument so drafted as to inform the applicant that the claim for which application is made, or a portion thereof, does not belong to the applicant, and does belong to the adverse claimant, with such precision as to fairly advise the applicant of the nature, boundaries and extent of the adverse claim, so that he will be able to prepare to establish his rights on the trial, is what is necessary to stay proceedings on the application.3 The nature and extent of the adverse claim should be stated; where and how it originated, whether by purchase or location, and other material and essential particulars, and must show an interest in the ground sought to be patented, or an authority for appearing on behalf of those interested. There should be shown a compliance with the local laws in regard to recording the claim, and expenditures, and a copy of the original notice of location should be filed, and the nature and extent of the conflict should appear.5 But it has been decided that adverse claimants are not required to show affirmatively that they have complied with all the local usages and customs; as forfeiture for such failure is a matter of defense.6 And that the regulation requiring the filing of plat and field notes and an abstract of title were never intended to have the force of law, and would not operate as a bar to proceedings where an applicant in good faith had done all in his power to comply.7 A mere protest denying the applicant's right without showing protestant's interest, will be considered;8 but the law will be more liberally construed in favor of the applicant,9 and the protestant, who stands in the relation of amicus curiæ, has no right of appeal from any decision in the case.10 1 Copp's Min. Dec. 197. 2 1 Landowner, 146; Copp's Min. Dec. 80. 3 2 Landowner, 2, 68, 178; Copp's Min. Dec. 170. 4 Copp's Min, Dec. 76, 80, 81, 195; Sickel's Min. Laws, 237. 5 Copp's Min. Dec. 197. 6 Copp's Min. Dec. 170; Sickel's Min. Laws, 196. 7 Copp's Min. Dec. 170-3. 8 1 Landowner, 34; 3 id. 36, 163. 9 2 Landowner, 5. 10 3 Landowner, 194; 4 id. 3, 34. § 124. Same-Time within which should be filed.— Adverse claims must be filed within the period of publication of notice as prescribed by statute.1 And no extension of time can be given.2 They may be filed after office hours, or on Sunday, if the officers are willing to receive them, but the officers are not bound to transact business, except during the usual office hours and on secular days. The time cannot be extended by stipulation between the parties.4 If filed after time, protestant will be treated as amicus curiæ, with no right of appeal.5 Where a republication is ordered the adverse claimant on receiving notice must again file his claim.6 1 See published notice, supra, §111; Sickels' Min. Laws, 179-81-82. 2 Copp's Min. Dec. 156, 194; 1 Landowner, 25; 2 Landowner, 114; 3 Landowner, 18. 3 6 Landowner, 73. 4 6 Landowner, 105. 5 Sickels' Min. Laws, 313. 6 Ibid. § 125. Same-What filled with adverse claim.-An abstract of title duly certified by the recorder, with a copy of the original notice or certificate of location, or certified copies of his deeds, and the location notice, tracing his chain of title from the original locators, should be filed with the adverse claim.1 But an omission to file the abstract has been decided to be a mere irregularity, not fatal to the adverse claim.2 A protest or adverse claim must also be accompanied by a survey, by United States deputy mineral surveyor of the entire adverse claim. It will not suffice that a portion of the applicant's survey is colored and claimed as the entire claim of the adverse party.3 The survey should be made and certified by a United States deputy mineral surveyor, together with his certificate or sworn statement as to the approximate value of the labor performed or improvements made upon the adverse party's claim.4 But where the adverse claimant is prevented by the applicant from making survey and plat, he will be excused from filing the same with his adverse claim.5 Where the adverse survey shows a conflict, the local land officer cannot infer that the survey of the adverse claim is erroneous, and so decide without a hearing.6 1 Copp's Min. Dec. 232. 2 Copp's Min. Dec. 173. 3 1 Landowner, 98; Sickels' Min. Laws, 263-5-75. 4 Copp's Min. Dec. 337. 5 Sickels' Min. Law, 227. 6 Sickels' Min. Law, 267. § 126. Same-Affidavit-Fees.-Ordinarily the adverse claim must be verified by the oath of the party himself; but where several parties in interest unite, the affidavit of one is sufficient. Also, where the adverse claim is filed on behalf of a corporation, the protest may be verified by the oath of its president or other executive officer, or by an agent or attorney, whose authority must be shown.2 The adverse claim must be verified before some officer authorized to administer oaths within the land district where the claim may be situated.3 The fees should accompany the adverse claim, otherwise the officers of the local land office have no authority to receive and file it. No fees, however, should be exacted for refiling an adverse claim when it is rendered necessary on account of the republication of notice to correct errors or omissions. Nor is there any authority for demanding |