Land office decisions-Continued.

written period of publication after office hours, id.
no extention, id.

effect of filing after time, id.

WHAT FILED WITH ADVERSE CLAIM, рр. 181-2, § 125.

abstract and survey, id.

when survey and plat excused, p. 182, id.

adverse survey not to be decided erroneous without hear-
ing, id.

AFFIDAVIT AND FEES IN ADVERSE PROCEEDINGS, pp. 182-3,
§ 126.

affidavit by one of several co-owners, p. 182 d.

by corporation, id.

before whom verified, id.

fees should accompany claim, id.

no fees for refiling, or mere protest by amicus curiæ,
pp. 182-3, id.

PROCEEDINGS IN COURT IN SUPPORT OF ADVERSE,

pp. 183-5, § 127.

when and where commenced, p. 183, id.

consequence of failure in time, id.

suit commenced before adverse claim filed, id.

pendency of suit by applicant against claimant will not ex-

cuse, pp. 183-4, id.

jurisdiction of question for the court, p. 184, id.

finality of judgment between parties, id.

character of suit, id.

successful adverse claimant not always entitled to patent,
id.

stay of proceedings after judgment, id.

certificate of no suit pending, required, id.

bringing of suit not affected by defective summons, pp.
184-5, id.

EFFECT OF WAIVER BY APPLICANT, p. 185, § 128.

ends controversy, id.

filing of abandonment insufficient, id.

WAIVER BY ADVERSE CLAIMANT, pp. 185-7, § 129.
before or after suit by filing withdrawal, pp. 185-6, id.
by stipulations dismissing suit, p. 186, id.

by laches, ignorant or voluntary, id.

diligent prosecution of suit, question for court, id.
failure to give notice of suit no waiver, id.

end of suit by dismissal, id.

Land office decisions-Continued.

withdrawal by one of several adverse claimants, pp. 186-7,

id.

CONFLICTS NOT CONSIDERED AS ADVERSE CLAIMS, pp. 187-8
$ 130.

right to follow dip, p. 187, id.

patentees and lien holders, id.

easements and hypothetical contests, id.

excepted lodes, pp. 187-8, id.

public highways, p. 188, id.

PROTESTS, p. 188, § 131.

by amicus curiæ, received, but no appeal, id.

APPEALS, pp. 188-9, § 132.

written statement of points, p. 188, id.

what brought up by, id.

amicus curiæ no right of, id.

when no appeal lies, id.

time for notice of, service, etc., pp. 188-9, id.

extension of time for, defective, amendment, p. 189, id.
EASEMENTSs, p. 189, § 133.

no specific condition as to, in patent, id.
TOWN SITES, pp. 189-90, § 134.

title to mineral lands not acquired by patents for, p. 189, id.
application for patent does not preclude patents for lodes

embraced in, id.

surface rights protected, pp. 189-90, id.
are adverse claim, p. 190, id.

WATER RIGHTS, p. 190, § 135.

protected as vested rights, when, id.

MILL SITES, pp. 190-1, § 136.

must be on non-mineral land, p. 190, id.

should be recorded, id.

when they pass by railroad grant, id.

included lode, claimed adversely, may be abandoned, id.
applied for in connection with lode, or separately-labor,

id.

coal lands, timber culture act, pp. 190--1, id.
LAND OFFICE REGULATIONS-From circular of April, 1879,
Ch. xii., pp. 107-47, §§ 75-88.

MINERAL LANDS OPEN TO EXPLORATION, OCCUPATION AND
PURCHASE, p. 107, § 75.

STATUS OF LODE CLAIMS LOCATED PRIOR TO MAY 10, 1872,
pp. 107-10, § 76.

(

20

D

Land office decisions-Continued.

PATENTS FOR VEINS OR LODES HERETOFORE ISSUED, p.

110, § 77.

rights of patentees enlarged by subsequent legislation, id.
MANNER OF LOCATING CLAIMS ON VEINS OR LODES AFTER

MAY 10, 1872, pp. 110-14, § 78.

limitation of size of locations, pp. 111-12, id.
record to follow discovery, pp. 112-13, id.
description to identify claim, p. 113, id.

annual labor, pp. 114, id.

TUNNEL RIGHTS, pp. 114-17, § 79.

possessory right to blind lodes secured, p. 115, id.
term "face" defined, survey and notice required, pp. 115-
16, id.

record of tunnel location required, p. 116, id.

location of tunnel must be bona fide, pp. 116-17, id.

MANNER OF PROCEEDING TO OBTAIN GOVERNMENT TITLE

TO VEIN OR LODE CLAIMms, pp. 117-21, § 80.

survey required, p. 117, id.

plats and field notes, copies filed, and posted on claim, pp.
117-18, id.

affidavits of claimants and witnesses, p. 118, id.

abstract of record required-lost records, pp. 118-19, id.
publication of notice, pp. 119-20, id.

certificate of $500 expenditures, p. 120, id.

affidavit of posting notice, payment for land, pp. 120-1, id.
sworn statement of fees paid required, p. 121, § 80.

duties of register, recorder, and surveyor-general, id.

ADVERSE CLAIMS, pp. 122-4, § 81.

where filed, when filed, affidavit, what must be shown,

p. 122, § 81.

plat showing conflict, pp. 122-3, id.

value of labor certified or sworn to, duties of register or

receiver, p. 123, § 81.

PLACER CLAIMS, pp. 124-6, § 82.

proceedings to obtain patents for, survey, plat, p. 124, id.
sub-division of 40-acre tracts, pp. 124-5, id,

proof of improvements required, p. 125, § 82.
including lodes, known or unknown, pp. 125-6, id.

QUANTITY OF PLACER GROUND SUBJECT TO LOCATION,
Land office decisions-Continued.

possession for period of limitation, entitles to patent, p. 127,
§ 83.

certificate of no suit pending, p. 128, id.

MILL SITES. pp. 128-30, § 84.

application for patent for, non-contiguous, extent, etc.,

p. 129, id.

survey and description, id.

entry with lode claim, one receipt, pp. 129-30, § 84.
separate application for, p. 130, id.

PROOF OF CITIZENSHIP OF MINING CLAIMANTS, pp. 130-1,

§ 85.

of unincorporated company by attorney in fact, p. 130, id.
power of attorney to accompany affidavit, pp. 130-1, id.
incorporated company, copy of charter, p. 130, id.
ΑΡΡΟΙΝΤΜENT OF DEPUTY SURVEYORS OF MINING CLAIMS
-CHARGES FOR SURVEYS AND PUBLICATIONS.
fees of registers and receivers, etc., pp. 131-3, § 86.
no limit to the number of competent deputies, p. 131, id.
no deposits required for field work, id.

deposit required for platting and office work, surveyor-
general, pp. 131-2. § 86.

deputies to swear to correctness of surveys, p. 132, id.
fees of local land officers for applications and adverse,
p. 182, id.

duties of register and receiver, pp. 132-3, id.

HEARINGS TO ESTABLISH THE CHARACTER OF LANDS, pp.
183-8, § 87.

before whom affidavits verified, p. 133, id.

attempted entry as agricultural, lands alleged to be min-
eral, id.

lands returned as mineral withdrawn as mineral land, id.
notice of contests, pp. 133-4, id.

proof of publication-examination at hearing, pp. 134-6, id.
personal notice to mineral affiants, p. 134, id.

mineral and agricultural capacities of land shown, p. 135.

id.

attestation of official character of officers without seal,
p. 136, id.

survey ordered at expense of agricultural claimant, id.
duties of surveyor-general, p. 137, id.

final action of land department, id.

provisions against fraudulent entries, p. 138, id..

Land office decisions-Continued.

REGULATIONS UNDER THE COAL LAND LAW, pp. 138-47, § 88.

sale provided for (1), p. 138, id.

lands subject to entry as coallands (2), p. 139, id

who may purchase (3), id.

qualifications of members of association (4), id.
ownership of other land no disqualification (5), id.
quantity open to entry by one person (6), id.

quantity open to entry by association (7), id.

quantity open to entry after expenditure (8), id.

price per acre of coal lands (9), (10), (11), pp. 139-40, id.
preferred purchasers (12), p. 140, i

possession by agent (13), id.

labor in good faith to secure preference (14), id.

claimant for permanent development preferred to specula-
tor (15), id.

apportionment between conflicting claimants (16), pp. 140-1,
id.

when award governed by priority (17), p. 141, id.
jurisdiction of local land officers ceases with entry (18),
p. 141, id.

investigation prior to entry (19), id.

notice of contest (20), pp. 141-2, id.

review by general land office prior to entry (21), p. 142, id.
time to appeal (22), id.

appeals must be forwarded through district officer (23), id
appeals from decision of commissioner (24), id.

finality of secretary's decision (25), id.

manner of obtaining title form of application (26),
pp. 142-3, id.

certificate of register and payment of purchase money (27),
p. 143, id.

issuance of patent (28), id.

disposition subject to prior rights (29), id.

time for filing declaratory statement (30), id.
form of declaratory statement (31), p. 144, id.
further time where township plat not filed (32), id.
lands improved prior to Sept. 4, 1873 (33), id.
time for final proof and payment (34), pp. 144-5, id.
entries after one year (35), p. 145, id.
disqualification by prior entry (36), id.
recognition of assignments (37), id.