Show SURVEYING MINING CLAIMS department OF THE INTERIOR 3 GENERAL LAND OFFICE WASHING washington ton TOw D C november 18 1873 73 blat SIK information has reached this office that deputies in surveying mining claims are in the habit of following jho he direction of the parties in interest instead of adhering to the lines established in the original or inal inai location of such claims a and n 19 thus in effect making a private ins instead ead of an official survey under all laws and regulations whether local or general the location of a claim in such a mannerns man manner as to give notice to all the world ef the nature and extent of the same Is not only indispensable but in most cases mining claims are initiated thereby and all subsequent proceedings are based upon and must conform to such location A failure to make and record the location in accordance with the law and regulations in force at the date of the locati location will defeat the claim and if it it is not iua ina imade dewith with such definiteness as to ap operate erate as notice to all person persona seeking to ac aure rights to mining lands it will be void for uncertainty it follows therefore that in making surveys sur of mining ining claims it becomes essentially my necess necessary sary to ascertain the boundaries thereof as established by the original location for the rights of the claimant are limited and defined by such boundaries to make a survey in accordance with oth erlines or boundaries is tantamount to make a new location of the claim and the rights of adjoining locators who have complied with the requirements of the law may be interfered with and defeated thereby the practice of making surveys according to the dictation of parties in interest instead of in accordance with the original location has already caused great confusion and been productive of great injury to gona bona bonafide dide fide claimant claimants ss you will therefore require the applicant for a survey to furnish a ca copy p of the original record of location tio n properly certified to by the recorder having charge of the records of mining locations in the district where the claim is situate and cause nil all a I 1 official surveys of mining mini ng claims to be made id iri strict conformity to the lines established by the original location loc atlon as recorded and if the records of locations made prior to the passage 11 of bf the mining act of may 10 1872 is not sufficiently definite and certain to enable the deputy to make a correct survey he should after reasonable notice in writing to be served personally or through tho the united states mail on the applicant for survey and adjoining claimants whose residence or post office address lie may know oe can ascertain by the exercise exorcise c of reasonable diligence take tako the testimony of neighboring claiman claimants Ls and other persons who are familiar famili jr with the th I 1 boundaries thereof as ws orf orl originally lo 10 cued cited c cred and asserted by tire tile locators loc Alors of the claim and after having ascertained certa ined by such testimony tiie 06 boundaries as originally establish established ell exl lre lie hould make malie a survey in accordance and transmit full and correct its turns returns turn of or survey accompanied compa nied by the copy of the tile record of location tile the testimony and ant I 1 a copy of the notice served on the claimant atrid and adjoining proprietors certifying thereon when in it what whal manner and on service was made the act of congress of tas may mas tay 10 1872 expressly provides that inthe the location must be distinctly marked on the we ground so that iti it i bou bounda blunda ada ries rles can bo be readily traced and that all ail records of mining claims claims hereafter made shall contain the name or names of the locator locators the date of tho the location and such stich a description of the claim or claims located by reference to some natu ral object permanent or monument ai will identify the claim these provisions of the law must be strictly complied with in each case to entitle the claimant to a survey and patent and therefore should a claimant under a loei location tion made subsequent to the passage of P the mining act of may ilay 10 1872 who has not complied with said requirements in regard to marking the location upon the ground and recording the same apply for a survey you will decline to make it IL the only relief for a party under such circumstances will bo be to make a new location in conformity to law and regulations as no case will be approved and patented by py this of flee unless these and all nil other provisions of law tiro arc substantially complied with if the law has been complied with in the matter of marking the location on the ground and recording the same and any question arises in tho the execution of the survey as to the tho identity of monuments 8 marks or boundaries which cannot be determined by a reference t to the record the deputy should take testimony inthe in the manner mannor hereinbefore prescribed for surveys of clai cial claims ms located prior to may mas rias 10 1872 and having thus ascertained the true and correct boundaries originally established marked and recorded dod make the survey accordingly in I 1 you OU will at once issue instructions to your deputies requiring them to abandon the practice of surveying mining claims under the direction of parties in interest and to conform to the rule as hereinbefore prescribed from an examination of tho returns of surveys of or claims I 1 am r satisfied that iu lia many instances the delit deputy ity surveyors certify to the value of improvements without ascertaining whether such improvements are made mado mad by the claimant or his grantors granfors gran tors or not no improvements should be included in the estimate unless they have been made by the applicant for fon survey or by those from whom whon he der den derives ves title the value of improvements made upon other locations or by other claimants should not be taken into consideration but excluded by deputies in their estimate afim of improvements prove ments upon the claim you will so instruct your deputies and here herf hereafter aften after require them to certify in each instance that the improvements ments and expenditures considered ed by them in their esti mate and which they must dest describe in their report were made by the applicant or by hy t the persons from whom he be derives ti title I 1 the 1111 following owIng certificate will ill lil az be attached to the nield field not notes s of sur vey by the surveyor general 1 I certify that the forgoing transcript of the field notes of the bur vey of the mining claim situate in mining district county of and of basteen has been correctly copied from the ori bri original ginal notes of said sur sure vey on file in this office the said nield field notes furnish such an accurate description of said mining claim as will if incorporated into a patent serve fully to identify the premises and that such reference is made therein to natural objects and permanent monuments as will perpetuate and fix the locus thereof 1 I further certify that oat ohp the value of the labor and improvements upon the said sald mining claim placed placed thereon by the claimant and his grantors granfors gnan gran tors is not less than five hundred dollars and that said improvements consist of here describe the improvements made by the applicant and his hh grantors granfors gran gnan tors upon th the e claim I 1 further certify that the plat thereof filed in tha tho U S land office at is correct and I 1 in conformity with the foregoing nield field note hotel y S surveyor general cu U B surveyor jurvey or generals office ac SS 21 1 10 i the fol lowing following certificate will be indorsed endorsed indor sed upon each plat by the tho sunt suns beyor general viz the original field notes of the surveyor survey of tile tiie from which this plat has lias been made have been examined and approved and are on file in thi office and I 1 hereby certify that they furnish such au in accurate description of said mining claim as will if incorporated into a wro wre lerse lorse fully to Iden identify tiry tho premises and that uch such reference refe ronce ronco is made therein to natural object sand permanent monuments riu tiu ments as will perpetuate and fix tile lucus thereof 1 I further certify th that t the value of the labor and improvements I 1 m prove drove ments spoil upon the said bald mining claim placed ther thermon thereon eon oon by the applicant and find his grantors granfors gran tors is not less than five hundred dollars and that said Im improvements provet consist of here describe the improvements made by the a applicant p or his granfors grantors gran gnan tons tors upon the claim and I 1 further certify that this is a correct plat of said mining claim or or premises made in conformity with said original nield field notes of survey thereof au 7 S surveyor general fo for far aar sa s A cus US lus surveyor generah generans Gene raPs omose 4 W i i t t J you will acknowledge the receipt ce ept hereof and issue the necess sary instructions to your deputies to becu secure re a strict compliance with the foregoing instructions very respectfully WILLIS DRUMMOND i commissioner ja U S sarve surveyor sor beneral general |