close within 50-100 feet in 1,000 feet, and the error must not be such as to make the location exceed the statutory limit, and in absence of other proof the discovery point is held to be the center of the vein on the surface. The course and length of the vein should be marked upon the plat. 134. All mineral surveys must be made with a transit, with or without solar attachment, by which the meridian can be determined independently of the magnetic needle, and all courses must be referred to the true meridian. The variation should be noted at each corner of the survey. The true course of at least one line of each survey must be ascertained by astronomical observations made at the time of the survey; the data for determining the same and details as to how these data were arrived at must be given. Or, in lieu of the foregoing, the survey must be connected with some line the true course of which has been previously established beyond question, and in a similar manner, and, when such lines exist, it is desirable in all cases that they should be used as a proof of the accuracy of subsequent work. 135. Corner No. 1 of each location embraced in a survey must be connected by course and distance with nearest corner of the public survey or with a United States location monument, if the claim lies within two miles of such corner or monument. If both are within the required distance, the connection must be with the corner of the public survey. 136. Surveys and connections of mineral claims may be made in suspended townships in the same manner as though the claims were upon unsurveyed land, except as hereinafter specified, by connecting them with independent mineral monuments. At the same time, the position of any public-land corner which may be found in the neighborhood of the claim should be noted, so that, in case of the release of the township from suspension, the position of the claim can be shown on the plat. 137. A mineral survey must not be returned with its connection made only with a corner of the public survey, where the survey of the township within which it is situated is under suspension, nor connected with a mineral monument alone, when situated within the limits of a township the regularity and correctness of the survey of which is unquestioned. 138. In making an official survey, corner No. 1 of each location must be established at the corner nearest the corner of the public survey or location monument, unless good cause is shown for its being placed otherwise. If connections are given to both a corner of the publie survey and location monument, corners Nos. 1 should be placed at the corner nearest the corner of the public survey. When a boundary line of a claim intersects a section line, courses and distances from point of intersection to the government corners at each end of the half mile of section line so intersected must be given. 139. In case a survey is situated in a district where there are no corners of the public survey and no monuments within the prescribed limits, a mineral monument must be established, in the location of which the greatest care must be exercised to insure permanency as to site and construction. 140. The site, when practicable, should be some prominent point, visible for a long distance from every direction, and should be so chosen that the permanency of the monument will not be endangered by snow, rock, or landslides, or other natural causes. 141. The monument should consist of a stone not less than 30 inches long, 20 inches wide, and 6 inches thick, set halfway in the ground, with a conical mound of stone 4 feet high and 6 feet base alongside. The letters U. S. L. M., followed by the consecutive number of the monument in the district, must be plainly chiseled upon the stone. If impracticable to obtain a stone of required dimensions, then a post 8 feet long, 6 inches square, set 3 feet in the ground, scribed as for a stone monument, protected by a well-built conical mound of stone of not less than 3 feet high and 6 feet base around it, may be used. The exact point for connection must be indicated on the monument by an X chiseled thereon; if a post is used, then a tack must be driven into the post to indicate the point. 142. From the monument, connections by course and distance must be taken to two or three bearing trees or rocks, and to any well-known and permanent objects in the vicinity, such as the confluence of streams, prominent rocks, buildings, shafts, or mouths of adits. Bearing trees must be properly scribed B. T. and bearing rocks chiseled B. R., together with the number of the location monument; the exact point on the tree or stone to which the connection is taken should be indicated by a cross or other unmistakable mark. Bearings should also be taken to prominent mountain peaks, and the approximate distance and direction ascertained from the nearest town or mining camp. A detailed description of the locating monument, with a topographical map of its location. should be furnished the office of the surveyor-general by the surveyor. 143. Corners may consist of First-A stone at least 24 inches long set 12 inches in the ground, with a conical mound of stone 1% feet high, 2 feet base, alongside. Second-A post at least 3 feet long by 4 inches square, set 18 inches in the ground and surrounded by a substantial mound of stone or earth. Third-A rock in place. A stone should always be used for a corner when possible, and when so used the kind should be stated. 144. All corners must be established in a permanent and workmanlike manner, and the corner and survey number must be neatly chiseled or scribed on the sides facing the claim. The exact corner point must be permanently indicated on the corner. When a rock in place is used, its dimensions above ground must be stated and a cross chiseled at the exact corner point. 145. In case the point for the corner be inaccessible or unsuitable, a witness corner, which must be marked with the letters W. C. in addition to the corner and survey number, should be established. The witness corner should be located upon a line of the survey and as near as possible to the true corner, with which it must be connected by course and distance. The reason why it is impossible or impracticable to establish the true corner must always be stated in the field notes, and in running the next course it should be stated whether the start is made from the true place for corner or from witness corner. 146. The identity of all corners should be perpetuated by taking courses and distances to bearing trees, rocks, and other objects, as prescribed in the establishment of location monuments, and when no bearings are given it should be stated that no bearings are available. Permanent objects should be selected for bearings whenever possible. 147. If an official mineral survey has been made in the vicinity, within a reasonable distance, a further connecting line should be run to some corner thereof; and in like manner all conflicting surveys and locations should be so connected, and the corner with which connection is made in each case described. Such connections will be made and conflicts shown according to the boundaries of the neighboring or conflicting claims as each is marked, defined, and actually established upon the ground. The mineral surveyor will fully and specifically state in his return how and by what visible evidences he was able to identify on the ground the several conflicting surveys and those which appear according to their returned tie or boundary lines to conflict, if they were so identified, and report errors or discrepancies found by him in any such surveys. In the survey of contiguous claims which constitute a consolidated group, where corners are common, bearings should be mentioned but once. 148. The mineral surveyor should note carefully all topographical features of the claim, taking distances on his lines to intersections with all streams, gulches, ditches, ravines, mountain ridges, roads, trails, etc., with their widths, courses, and other data that may be required to map them correctly. All municipal or private improvements, such as blocks, streets and buildings, should be located. 149. If, in running the exterior lines of a claim, the survey is found to conflict with the survey of another claim, the distances to the points of intersection and the courses and distances along the line intersected from an established corner of such conflicting claim to such points of intersection, should be described in the field notes; provided, that where a corner of the conflicting survey falls within the claim being surveyed, such corner should be selected from which to give the bearing, otherwise the corner nearest the intersection should be taken. The same rule should govern in the survey of claims embracing two or more locations the lines of which intersect. 150. A lode and millsite claim in one survey will be distinguished by the letters A and B following the number of the survey. The corners of the millsite will be numbered independently of those of the lode. Corner No. 1 of the millsite must be connected with a corner of the lode claim as well as with a corner of the public survey or United States location monument. 151. When a placer claim includes lodes, or when several contiguous placer or lode locations are included as one claim in one survey, there must be given to the corners of each location constituting the same a separate consecutive numerical designation, beginning with corner No. 1 in each case. 152. Throughout the description of the survey, after each reference to the lines or corners of a location, the name thereof must be given, and if unsurveyed, the fact stated. If reference is made to a location included in a prior official survey, the survey number must be given, followed by the name of the location. Corners should be described once only. 153. The total area of each location and also the area in conflict with each intersecting survey or claim should be stated. But when locations embraced in one survey conflict with each other such conflicts should only be stated in connection with the location from which the conflicting area is excluded, 154. It should be stated particularly whether the claim is upon surveyed or unsurveyed public lands, giving in the former case the quarter section, township, and range in which it is located, and the section lines should be indicated by full lines and the quarter-section lines by dotted lines. 155. The title-page of the field notes must contain the postoffice address of the claimant or his authorized agent. 156. In the mineral surveyor's report of the value of the improvements all actual expenditures and mining improvements made by the claimant or his grantors, having a direct relation to the development of the claim, must be included in the estimate. 157. The expenditures required may be made from the surface or in running a tunnel. drifts, or crosscuts for the development of the claim. Improvements of any other character. such as buildings, machinery, or roadways, must be excluded from the estimate, unless it is shown clearly that they are associated with actual excavations, such as cuts, tunnels, shafts, etc., are essential to the practical development of and actually facilitate the extraction of mineral from the claim. 158. All mining and other improvements claimed will be located by courses and distances from corners of the survey, or from points on the center or side lines, specifying with particularity and detail the dimensions and character of each, and the improvements upon each location should be numbered consecutively, the point of discovery being always No. 1. Improvements made by a former locator who has abandoned his claim cannot be included in the estimate, but should be described and located in the notes and plat. 159. In case of a lode and millsite claim in the same survey the expenditure of five hundred dollars must be shown upon the lode claim. 160. If the value of the labor and improvements upon a mineral claim is less than five hundred dollars at the time of survey, the mineral surveyor may file with the surveyor-general supplemental proof showing five hundred dollars expenditure made prior to the expiration of the period of publication. 161. The mineral surveyor will return with his field notes a preliminary plat on blank sent to him for that purpose, protracted on a scale of two hundred feet to an inch if practicable. In preparing plats the top is north. Copy of the calculations of areas by double meridian distances and of all triangulations or traverse lines must be furnished. The lines of the claim surveyed should be heavier than the lines of conflicting claims. 162. Whenever a survey has been reported in error the surveyor who made it will be required to promptly make a thorough examination upon the premises and report the result, under oath, to the surveyor-general's office. In case he finds his survey in error he will report in detail all discrepancies with the original survey and submit any explanation he may have to offer as to the cause. If, on the contrary, he should report his survey correct, a joint survey will be ordered to settle the differences with the surveyor who reported the error. A joint survey must be made within ten days after the date of order unless satisfactory reasons are submitted, under oath, for a postponement. The field work must in every sense of the term be a joint and not a separate survey, and the observations and measurements taken with the same instrument and chain, previously tested and agreed upon. 163. The mineral surveyor found in error, or, if both are in error, the one who reported the same, will make out the field notes of the joint survey, which, after being duly signed and sworn to by both parties, must be transmitted to the surveyor-general's office. 164. Inasmuch as amended surveys are ordered only by special instructions from the general land office, and the conditions and circumstances peculiar to each separate case and the object sought by the required amendment, alone govern all special matters relative to the manner of making such survey and the form and subject-matter to be embraced in the field notes thereof, but few general rules applicable to all cases can be laid down. 165. The amended survey must be made in strict conformity with, or be embraced within, the lines of the original survey. If the amended and original surveys are identical, that fact must be clearly and distinctly stated in the field notes. If not identical, a bearing and distance must be given from each established corner of the amended survey to the corresponding corner of the original survey. The lines of the original survey, as found upon the ground, must be laid down upon the preliminary plat in such manner as to contrast and show their relation to the lines of the amended survey. 166 The field notes of the amended survey must be prepared on the same size and form of blanks as are the field notes of the original survey, and the word "amended" must be used before the word "survey" wherever it occurs in the field notes. 167. Mineral surveyors are required to make full examinations of all placer claims at the time of survey and file with the field notes a descriptive report, in which will be described— (a) The quality and composition of the soil, and the kind and amount of timber and other vegetation. (b) The locus and size of streams, and such other matter as may appear upon the surface of the claims. (c) The character and extent of all surface and underground workings, whether placer or lode, for mining purposes, locating and describing them. (d) The proximity of centers of trade or residence. (e) The proximity of well-known systems of lode deposits or of individual lodes. (f) The use or adaptability of the claim for placer mining, and whether water has been brought upon it in sufficient quantity to mine the same, or whether it can be procured for that purpose. (g) What works or expenditures have been made by the claimant or his grantors for the development of the claim, and their situation and location with respect to the same as applied for. (h) The true situation of all mines, salt licks, salt springs, and millsites which come to the surveyor's knowledge, or a report by him that none exist on the claim, as the facts may warrant. (1) Said report must be made under oath and duly corroborated by one or more disinterested persons. 168. The employing of claimants, their attorneys, or parties in interest, as assistants in making surveys of mineral claims will not be allowed. 169. The field work must be accurately and properly performed and returns made in conformity with the foregoing instructions. Errors in the survey must be corrected at the surveyor's own expense, and if the time required in the examination of the returns is increased by reason of neglect or carelessness, he will be required to make an additional deposit for office work. He will be held to a strict accountability for the faithful discharge of his duties, and will be required to observe fully the requirements and regulations in force as to making mineral surveys. If found incompetent as a surveyor, careless in the discharge of his duties, or guilty of a violation of said regulations, his appointment will be promptly revoked. Approved March 29, 1909. R. A. BALLINGER, The commissioners of the general land office and the secretary of the interior can enforce by appropriate regulations every part of the public land laws as to which it is not otherwise specially provided. Leonard v. Lennox (C. C. A.), 181 Fed. 760. An applicant under the soldier's additional S. V. PROUDFIT, homestead law (Rev. Stats., sec. 2306, U. S. Comp. Stats. 1901, p. 1415) must comply with the regulation of the land department of November 19, 1901, by supporting his application by showing that the land is nonsaline. Idem. See, also, U. S. v. Rizzinelli, 182 Fed. 675. STATE LAWS General act relating to the location and holding of mining claims, millsites, and tunnel rights, approved March 16, 1897, sections 2422-2446. An act to provide for the location of lands containing salt, approved February 24, 1865, sections 2447-2450. "An act for the better protection of the rights of locators of mining claims," relating to certificates of location, receipts, and seal of district mining recorder, approved March 20, 1907, sections 2451-2455. "An act to encourage mining," approved March 3, 1887, allowing prospecting for minerals upon lands held or patented by the state, sections 2456, 2457. Act of March 14, 1907, supplementary to an act entitled "An act to encourage mining,” authorizing prospecting on unfenced and unimproved land in private ownership, and for acquiring title thereto, sections 2458-2462. Act of February 10, 1881, supplemental to an act to provide for the better preservation of mining records, sections 2463-2468. Act to provide for the better preservation of mining records and to repeal acts in conflict, approved February 14, 1885, sections 2469–2474. Act to provide for the recording of grub-stake contracts, approved March 29, 1907, section 2475. "An act for the encouragement of mining," regarding suit for expenditures by company owning majority interest in mine, approved March 7, 1865, sections 2476–2482. Act to facilitate the recovery of ores and metals taken by theft or trespass, approved March 29, 1907, sections 2483-2486. An act to regulate the purchase of ore, approved March 29, 1907, sections 2487-2491. Act relating to the inspection of mines by stockholders, approved February 21, 1879, sections 2492-2496. 2422. Who may locate-Form and posting of notice. 2423. Location work-Boundaries, how and when defined. 2424. Location notice, form and recording-- 2425. What location includes. 2427. Defective and additional certificate Change of boundaries Existing 2428. Relocation-Work to be done--New 2429. Survey and certificate of surveyor become part of record and evidence. 2430. Assessment work-Four dollars for eight hours. 2431. Affidavit of work performed-Record— Evidence. 2432. Notice to a delinquent coowner-Penalty for failure to give receiptApplicant's evidence. 2433. Notice to claim but one location. 2434. Location of placer claim, how madeBoundaries-United States survey. 2435. Location work on placer-Location certificate-Record-Evidence. to 2436. Millsite. 2440. Tunnel right, how located-What notice 2441. Tunnel right-Boundaries, monuments, 2442. Tunnel right, when location recorded. 2446. Recording of locations when no dis- 2447. Location of saline lands. 2449. Location made prior to passage of act 2450. When subject to relocation. 2452. Receipt prima facie evidence. 2454. County recorder to notify mining 2455. Violation misdemeanor-Penalty. 2457. State disclaims interest in mining 2458. Prospector may enter on private land. 2459. May locate mineral deposit thereon and acquire title, how. 2460. Method of proceeding prescribed. 2462. Basis for determining value. seat. 2464. Duties of mining recorders-To certify 2467. Copies of records introduced in court 2468. Penalty for not complying. 2470. Fees to be collected. recorder. 2472. Fees for recording-Location out of district recorded with the county recorder. 2482. Sales to be absolute. 2483. Assayers and buyers to keep recordWhat shall state. 2484. Stolen ore, how recovered-Affidavit-Examination of books. 2485. Failure to keep or making false record punished. 2486. Failure, refusal or neglect no defense. 2487. Possessor of mining claim deemed owner of ore. 2488. Purchaser in good faith deemed owner. 2489. Notice not to purchase-Action for recovery of ore-Injunction. 2490. Claimant serving notice and not bringing suit liable for double damages. 2491. Purchaser responsible to real owner. 2492. Provision for inspection of mines by stockholders. 2493. Registration-Application for-Privileges-Oath-Fee. 2494. Stock certificate to be presented-Oath 2495. Order for admission to mine. Act in relation to conveyances not to be construed as conflicting with mining rules, regulations or customs, section 1091. Actions to determine right of possession of mining claims upon application for patent, section 5526. Action to prevent injurious working of mines and for damages, section 5509. Arbitration between employers and employees, section 1929. Attorney-general as mineral land commissioner, sections 4141-4147. Capital stock may be paid for by deed to mining ground, section 1200. Conveyances of mining property by persons under age, sections 1103, 1104. Corporations for mining may be formed, sections 1105, et seq., 1203. Corporate stock not to be assessed unless power reserved in certificate of incorporation, section 1200. District laws govern mining corporations, section 1201. Eight-hour law For underground mines, sec. 6554. For plaster and cement mills, sec. 6559. For smelters, quartz mills, and ore reduction plants, sec. 6555. For surface-men, secs. 1941, 1942. Employers' liability act, section 1915. Inspector of mines, sections 4198-4239. Liens on mines for labor and material, section 2213. Limitation of actions for recovery of mines, section 4951. Mining claims transferred on same conditions as other real estate, sections 1100, 1102. Mining corporations may become stockholders in tunnel companies, section 1202. Mining corporations may consolidate, sections 1216-1218. Mining corporations to report annually to attorney-general and county recorder, sections 1330-1340. Mining companies to report to assessor, section 3695. Mortgagee of mines has right to prevent forfeiture and recover expenditure, section 1091. Order for underground survey, section 5511. Partition of mines, section 5576, et seq. |