31. The declaratory statement must be substantially as follows, to wit: of I, -, being years of age, and a citizen of the United States (or having declared my intention to become a citizen of the United States), and never having, either as an individual or as a member of an association, held or purchased any coal lands under the act approved March 3, 1873, entitled "An act to provide for the sale of the land of the United States containing coal," do hereby declare my intention to purchase, under the provisions of said act, thequarter of section -, in township range, of lands subject to sale at the district land office at --, and that I came into possession of said tract on the day of, A.D. 18-, and have ever since remained in actual possession continuously, and have expended in labor and improvements on said mine the sum of - dollars, the labor and improvements being as follows: (here describe the nature and character of the improvements;) and I do furthermore solemnly 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. 32. When the township plat is not on file at date of claimant's first possession the declaratory statement must be filed within sixty days from the filing of such plat in your office. 33. When improvements shall have been made prior to June 4, 1873, the declaratory statement must be filed within sixty days from that date. 34. No sale under this act will be allowed by you prior to September 4, 1873. One year from and after the expiration of the period allowed for filing the declaratory statement is given within which to make proof and payment, but you will allow no party to make final proof and payment, except on notice as aforesaid to all others who appear on your records as claimants to the same tracts. 35. A party who otherwise complies with the law may enter after the expiration of said year, provided no valid adverse right shall have intervened. He postpones his entry beyond said year at his own risk, and the government cannot thereafter protect him against another who complies with the law, and the value of his improvements can have no weight in his favor. 36. One person can have the benefit of one entry or filing only. He is disqualified by having made such entry or filing alone, or as a member of an association. No entry can be allowed an association which has in it a single person thus disqualified, as the law prohibits the entry or holding of more than one claim either by an individual or an association. You are to allow no entry, under this act, of lands containing other valuable minerals. You will determine the character of the land under the present rules relative to agricultural and mineral lands. Those that are sufficiently valuable for other minerals to prevent their entry as agricultural lands cannot be entered under this act. 37. Assignments of the right to purchase under this act will be recognized when properly executed. Proof and payment must be made, however, within the prescribed period, which dates from the first day of the possession of the assignor who initiated the claim. 38. You will so construe this act in its application as not to destroy or impair any rights which may have attached prior to March 3, 1873. Those persons who may have initiated a valid claim under any prior law relative to coal lands will be permitted to complete their entries under the same. 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: I, -, 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 quarter of section -, in township - 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 provements being as follows: dollars, the nature of such im; that I am now in 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. J. A. WILLIAMSON, TO REGISTERS AND RECEIVERS. 1 Ante, p. 26. Commissioner. CHAPTER XIII. LAND OFFICE DECISIONS. 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-general. 114-Expenditure for patent. 115-Same-Proof-Witnesses-Afidavits. 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. 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. 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 ás 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 |