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surface ground may be embraced and included in an
application for a patent for such vein or lode, and the
same may be patented therewith, subject to the same
preliminary requirements as to survey and notice as are
applicable to veins or lodes; but no location hereafter
made of such non-adjacent land shall exceed five acres,
and payment for the same must be made at the same
rate as fixed by this chapter for the superficies of the
lode. The owner of a quartz mill or reduction works,
not owning a mine in connection therewith, may also ré-
ceive a patent for his mill site, as provided in this sec-
tion." To avail themselves of this provision of law,
parties holding the possessory right to a vein or lode,
and to a piece of non-mineral land not contiguous there-
to, for mining or milling purposes, not exceeding the
quantity allowed for such purpose by Section 2337 United
States Revised Statutes, or prior laws, under which the
land was appropriated, the proprietors of such vein or
lode may file in the proper land office their application
for a patent, under oath, in manner already set forth
herein, which application, together with the plat and
field notes, may include, embrace, and describe, in addi-
tion to the vein or lode, such non-contiguous mill site,
and after due proceedings as to notice, etc., a patent will
be issued conveying the same as one claim. In making
the survey in a case of this kind, the lode claim should
be described in the plat and field notes as "Lot No.
37, A," and the mill site as "Lot No. 37, B," or what-
ever may be its appropriate numerical designation; the
course and distance from a corner of the mill site to a
corner of the lode claim to be invariably given in such
plat and field notes, and a copy of the plat and notice of
application for patent must be conspicuously posted
upon the mill site as well as upon the vein or lode for
the statutory period of sixty days. In making the

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entry no separate receipt or certificate need be issued for the mill site, but the whole area of both lode and mill site will be embraced in one entry, the price being five dollars for each acre and fractional part of an acre embraced by such lode and mill site claim. In case the owner of a quartz mill or reduction works is not the owner or claimant of a vein or lode, the law permits him to make application therefor in the same manner prescribed herein for mining claims, and after due notice and proceedings, in the absence of a valid adverse filing, to enter and receive a patent for his mill site at said price per acre. In every case there must be satisfactory proof that the land claimed as a mill site is not mineral in character, which proof may, where the matter is unquestioned, consist of the sworn statement of the claimant, supported by that of one or more disinterested persons capable from acquaintance with the land to testify understandingly. The law expressly limits mill-site locations made from and after its passage to five acres. The registers and receivers will preserve an unbroken consecutive series of numbers for all mineral entries.

§ 85. Proof of citizenship of mining claimants.The proof necessary to establish the citizenship of applicants for mining patents must be made in the following manner: In case of an incorporated company, a certified copy of their charter or certificate of incorporation must be filed. In case of an association of persons unincorporated, the affidavit of their duly authorized agent, made upon his own knowledge, or upon information and belief, setting forth the residence of each person forming such association, must be submitted. This affidavit must be accompanied by a power of attorney from the parties forming such association, authorizing the person who

makes the affidavit of citizenship to act for them in the
matter of their application for patent. In case of an
individual or an association of individuals who do not
appear by their duly authorized agent, you will require
the affidavit of each applicant, showing whether he is a
native or naturalized citizen, when and where born, and
his residence. In case an applicant has declared his in-
tention to become a citizen, or has been naturalized, his
affidavit must show the date, place, and the court before
which he declared his intention, or from which his cer-
tificate of citizenship issued, and present residence. The
affidavit of citizenship may be taken before the register
and receiver, or any other officer authorized to adminis-
ter oaths within the district.

§86. Appointment of deputy surveyors of mining claims-Charges for surveys and publications-Fees of registers and receivers, etc. - Section 2334 provides for the appointment of surveyors of mineral claims, authorizes the commissioner of the general land office to establish the rates to be charged for surveys and for newspaper publications, prescribes the fees allowed to the local officers for receiving and acting upon applications for mining patents and for adverse claims thereto, etc. The surveyors-general of the several districts will, in pursuance of said law, appoint in each land district as many competent deputies for the survey of mining claims as may seek such appointment; it being distinctly understood that all expenses of these notices and surveys are to be borne by the mining claimants and not by the United States; the system of making deposits for mineral surveys, as required by previous instructions, being hereby revoked as regards field work; the claimant having the option of employing any deputy surveyor within such district to do his work in the field. With regard to the platting of the claim and other office work in the surveyorgeneral'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 "individual depositors for surveys of the public lands," and file with the surveyor-general duplicate certificates of such deposit in the usual manner. The surveyors-general will endeavor to appoint mineral deputy surveyors so that one or more may be located in each mining district for the greater convenience of miners. The usual oaths will be required of these deputies and their assistants as to the correctness of each survey executed by them. The law requires that each applicant shall file with the register and receiver a sworn statement of all charges and fees paid by him for publication of notice and for survey; together with all fees and money paid the register and receiver, which sworn statement is required to be transmitted to this office, for the information of the commissioner. Should it appear that excessive or exorbitant charges have been made by any surveyor or any publisher, prompt action will be taken with the view of correcting the abuse. The fees payable to the register and receiver for filing and acting upon applications for mineral land patents are five dollars to each officer, to be paid by the applicant for patent at the time of filing, and the like sum of five dollars is payable to each officer by an adverse claimant at the time of filing his adverse claim. All fees or charges under this law may be paid in United States currency. The register and receiver will, at the close of each month, forward to this office, an abstract of mining applications filed, and a register of receipts, accompanied with an abstract of mineral lands sold, and an abstract of adverse claims filed. The fees

and purchase money received by registers and receivers must be placed to the credit of the United States in the receivers' monthly and quarterly account, charging up in the disbursing account the sums to which the register and receiver may be respectively entitled as fees and commissions, with limitations in regard to the legal maxi

mum.

§ 87. Hearings to establish the character of lands. Section 2335 provides that all affidavits required under this chapter may be verified before any officer authorized to administer oaths within the land district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and when duly certified by the officer taking the same shall have the same force and effect as if taken before the register and receiver of the land office. Hearings of this character, as practically distinguished, are of two kinds: (1) Where lands which are sought to be entered and patented as agricultural are alleged by affidavit to be mineral, or when sought as mineral their non-mineral character is alleged. The proceedings relative to this class are in the nature of a contest between two or more known parties, and the testimony may be taken on personal notice of at least ten days, duly served on all parties, or, if they cannot be found, then by publication for thirty days in a newspaper of general circulation, to be designated by the register of the land office as published nearest to the land in controversy. If publication is made in a weekly newspaper, the notice must be inserted in five consecutive weekly issues thereof. (2) When lands are returned as 1 mineral by the surveyor-general, or are withdrawn as mineral by direction of this office. When such lands are sought to be entered as agricultural, notice must be given by publication for thirty days, as aforesaid, and also by

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