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is sought, whether it be mineral, for sons alleged in the answer, and that it can patented, and not to mines discovered and which a patent may issue, or agricultural, only be impeached for the irregularities located within it. But however this may for which a patent should be withheld, and fraudulent acts alleged, in a direct be, the language, certainly, does not mean, and also to the citizenship of the appli- proceeding to set it aside.
parties claiming to be “proprietors" who cant."
The judgment of the district court is af- locate mines after the issue of the patent, The foregoing views fully answer the firmed.
but only persons who are the proprieobjections urged against the patent under
tors" of mines at the time when the this head. It was not pretended that the
When the land was reserved from sale by special act UNITED STATES CIRCUIT COURT. patentee's rights attached.
patent issues, it covers everything emof Congress, but simply by force of the
DISTRICT OF CALIFORNIA.
braced in the land to which no prior mining statutes, a position shown to be PACIFIC COAST MINING AND Milling Com-right has attached, otherwise, the Act untenable.
PANY v. SPARGO ET AL.
would not have reserved the rights of The opinion in the case of the St. Louis Patent to Land: Embracing Mines.--- Where a
“the proprietor of a vein," but would Smelting and Refining Company vs. Kemp patent to lands is issued by the United States, have reserved the vein itself. There can and Nuttall, supra, is equally decisive of it carries all mines in the lands patented, to be no right of a “ proprietor,” to reserve the other question, viz., the number of which no right has attached at the time the unless there is a proprietor, who has separate placer locations which may be in patent issues. cluded in one patent. Patent Relates to Entry.—Where a purchaser rights to protect, at the time the reserva
tion is made. enters and pays for a tract of public lands,
The patent passed the The mining act of Congress of July 9, receiving a certificate of purchase therefor, entire title as against any subsequent 1870, limited the location of a placer claim the patent, subsequently issued in pursuance locator, and that being so, no legal right to 160 acres for one person, or an associa
of such certificate, relates to, and takes effect could be acquired against the patentee by tion of persons; the act of May 10, 1872: Reservation in Patent of Right to Work a Mine.- a subsequent location. No man could be. restricted locations to twenty acres for
Where a patent to public land, reserves the come the proprietor of a mine already each claimant. In the above case the right of a proprietor of a mining vein, or lode, granted, except by purchase from the patent covered 164 acres and a fraction of to extract and remove his ore therefrom, grantee. The patent cannot be attacked an acre, and the court held the patent to should it be found to penetrate, or intersect collaterally in this action.
The land oflj. be good, saying:
the lands granted by the patent, the reserva-
cers were charged with the duty of ascer“There is nothing in the acts of Con
prietors at the time, when the right of the taining whether the lands were subject to gress which prohibits the issue of a patent patentee attaches to the land, or the date be patented or not, and their determinafor that amount. They are silent as to of the entry, or patent.
tion is conclusive, at least in this action. the extent of a mining claim. They speak Before Sawyer, Circuit Judge.
The case of Steel vs. St. Louis Smelting of locations, and limit the extent of min In the first case, the grantor of plaintiff and Refining Company, decided at the ing ground which an individual, or an as- entered and paid for the land described present term of the Supreme Court, is emsociation of individuals, may embrace in in the complaint, at the rate of $1.25 per phatic on this point. But the same prinone of them. There is nothing in the acre, at the proper land office, and re- ciple has been established by numerous reason of the thing, or in the language of ceived his certificate of purchase, on De- prior decisions of that Court: Smelting the acts, which prevent an individual cember 19, 1874. In pursuance of his Company vs. Kemp, 104 U. S. 636; Quinfrom acquiring; by purchase, the ground purchase, a United States patent in the by vs. Conlan, id. 426; Moore vs. Roblocated by others, and adding it to his usual form issued to him on September 6, bins, 96 id. 530; Shepley_vs, Cowan, own.”
1876. In March, 1880, the grantors of 91 id. 330; Johnson vs. Towsley, 13 The court then states the distinction be- defendants located, in the usual way, a Wall. 72 ; Vance vs. Burbank, 101 U. S. tween a " location "and a“ mining claim,” gold-bearing quartz lode, under the sur. 519. In the other case against Fick et al., as follows:
face on the land in question, which they, the grantor of the plaintiff entered the "A mining claim is a parcel of land con- and the defendants, worked under ground, land, paid for it, and received his certifitaining precious metal in its soil or rock. by means of a tunnel extended into it cate of purchase on December 19, 1874. A location is the act of appropriating such from without the boundaries of the land. The mining location of defendants was parcel, according to certain established Defendants claim title under this mining made August 14, 1875, while the patent rules. * * * If a miner has only the location. The patent to the plaintiff's issued upon the certificate of purchase is ground covered by one location, his 'min- grantor contained the clause: “Subject dated September 6, 1876. The difference ing claim' and 'location' are identical, and to any vested and accrued water rights between this and the other case, is that in the two designations may be indiscrimi- for mining, agricultural, manufacturing, this case the mining location was made nately used to denote the same thing. But or other purposes, and rights to ditches after the entry and payment for the land, if by purchase, he acquires the adjoining and reservoirs used in connection with but before the patent issued; while, in the location of his neighbor, that is, the ground such water rights, as may be recognized other, the mining location was not made which his neighbor has taken up, and and acknowledged by the local customs, till after the patent issued. But this adds it to his own, then his mining claim laws and decisions of Courts; and, also, can make no difference in the rights of covers the ground embraced by both loca- subject to the right of the proprietor of the parties. The purchaser became the tions, and henceforth he will speak of it a vein, or lode, to extract and remove equitable owner of the land the moment as his claim. Indeed his claim may in- his ore therefrom, should the same be he entered and paid for it, and received clude as many adjoining locations as he found to penetrate, or intersect the prem- his certificate of purchase. From that can purchase, and the ground covered by ises hereby granted, as provided by law.” time, the United States had no real interall will constitute what he claims for Defendants insist that the mine, subse- est in the land. It only held the dry mining purposes, or in other words, will quently, located, is embraced in this pro- legal title in trust for the purchaser, pendconstitute his mining claim, and be so vision, " also, subject to the right of the ing the usual necessary delay in issuing designated."
proprietor of the vein, or lode to ex- patents, and the patent only perfected the The conclusion arrived at is, that there tract and remove his ore therefrom, should title, the right to which had already is no limitation pnt upon the sale of the the same be found to penetrate or in- vested. Lands cease to be public lands, ground located, nor upon the number of tersect the premises hereby granted as when entered and paid for. People vs. locations which may be acquired by pur- provided by law." The language of Shearer, 30 Cal. 648; Gwynne vs. Nischase, nor upon the number which may be exception, strictly construed, seems to wanger, 15 0. 368; Astrom vs. Hammond, included in the patent.
refer only to mines located outside 3 McLean, 108; Carroll vs. Perry, 4 McIt follows, therefore, that the patent is the lands, which by their dip, or in- Lean, 26; Carroll vs. Stafford, 3 How. 441; not void upon its face, for any of the rea-clination, penetrate or intersect the land Witherspoon vs. Duncan, 4 Wal. 210, 219;
Hughes vs. U. S., id. 232 ; U. M. & Mi. vendor prior to the contract of sale. The amount gaged as land. 3. A mortgage upon the remaining
realized at the sheriff's sale was more than sufficient interest of the grantor in the land, did not cover the Co. vs. Danberg, 2 Saw. 454.
to pay all judgments against the vendor, and more purchase money due or to become due from the purWhen the patent finally issues it at- than the whole sum the vendee had agreed to pay chasers of the conti Edwards et al., Trustees, etc. v. taches itself to the entry, and relates to the excess. Held, that the excess was rightly UPSON, J. Held: the date of the entry.
awarded to the vendee by the court below. Frick's 1. When the owner of land granted to a railroad It is regarded Appeal. Supreme Court of Pennsylvania.
company the right to select a strip thereof, for its for the purpose of protecting the rights Although an assignor for the benefit of creditors the circumstances under which it was made, it is
righi of way, and from the terms of the grant, and of the patentee against parties seek- canescept from the general assignment $300 worth clear that both parties understood that the right to acquire intervening rights, as if issued cept land bound by a judgment lien for the payment location and construction of the railroad, and not at the date of the entry. The entry and be which pre has expressly agreed the land shall not afterwards, a court of equity will, by injunction, repatent are regarded as one title. Bagnell which the claim for exemption from execution must of any additional part of said land, after its railroad vs. Broderick, 13 Pet. 450-1; Gibson vs. Pennsylvania. be made. Sheaffer's Appeal, Supreme Court of has been located and completed.
2. When the terms of a grant of a right of way are Choteau, 13 Wal. 93; Shepley vs. Cowan,
Where parties own lots fronting upon a turnpike general and indefinite, its location and 11se by the 91 U. S. 337; Smelting Company vs. Kemp, rond which is afterwards vacated and a new street grantee, acquiesced in by the grantor, will have the 104 U. S. 647; Hayner vs Staniey, 8 Saw. ana disputes nflse as to the ownership of such road the terms of the grant. Warner et al. v. Sandusky 225. The title of the plaintiff dates from so vacated, Held, that the lines of the lots in dispute c. Ohio. the date of the entry, and payment, and angles with the vacated road.
Railroad-Fences-Repairs-Burden of Proof-Negnot from the date of the patent; and the Wood v. Appal, 13 P. F. S., 210, distinguished.
Tigence. The act of 1809, regulating riparian rights on the An owner of land through which a railroad passes reservation in the patent relates to that Delaware river, as interpreted in Bille: Slack, 2. agreed with the railroad company to maintain and date, and, therefore, antedates the mining Court of Pennsylvania.
road, and the company agreed to do the like on the location of the defendants.
Where the date of a deed is prior to the entering north side. Afterwards the company, for its own in each case has the legal title to the mine, of judgments against the grantor, and the deed is convenience in rebuilding a bridge over a stream
noi acknowledged or recorded until after judgments on the south side of the road, and, when the bridge as well as the land, and is entitled to re- have been entered, the natural inference of such
was completed, instead of restoring the portion of cover the lode from which it has been conduct widibe that the dead was. este mited to defeat fence removed, constructed, as a substitute therefor,
the lien creditors. McCandless v. Blakely, Supreme wing fences from the abutments of the bridge, over ousted, and it is so ordered. Court of Pennsylvania.
its right of way, to the ends of the old fence, so as to April 16, 1883.
1. The lien of a mortgage of a leasehold does not prevent the passage of stock from the adjacent fields extend to an after-acquired leasehold of the same to the railroad. The portions of fence thus substi
parties in the same premises, which is not a renewal tuted for the part of the old fence which had been reREAL ESTATE.
of the former lease; and a sheriff's sale under said moved were accepted by the land owner as an in.
mortgage does not divest the interest under the closing fence to his fields. IMPORTANT DECISIONS BY FEDERAL AND second lease.
Held: 1. By accepting the new wing fences as a 2. A feme covert in Pennsylvania is not enabled to part of the line of tence inclosing his adjacent fields, STATE COURTS.
convey or encumber real estate she may acquire by it became the duty of the land owner to keep the (From the Cincinnati Law Bulletin.)
future purchase, but in which she has no present in same in repair. Execution-Levy upon Real Estate-Assignment. terest whatever; nor is she empowered to enter into
2. Occasional repairs of the new wing fences by any contract in the nature of a covenant to stand the company did not release the land owner from hís Error to the District Court of Morgan County, 1. No entry by the sheriff upon real estate is neces- by purchase in futuro. Doris v. Erwin and Wife, stock passes, by neglect to make such repairs, to the seized or to convey a interest in realty to be acquired dụty to keep the same in repair.
3. Such land owner is without remedy where his sary to constitute a valid levy thereon.
Orphans' Court of Philadelphia. 2. The levy of an execution from another county,
track of the railroad, and is killed by a passing train, when indorsed on the execution, and before entry
[From the Ohio Law Journal.]
unless it be shown that the killing was caused by thereof, as required by the act of 1860 (2 S. & C. 1402),
Note and Mortgage-Extension of Time Discharges negligence in running the train.
4. The burden of proving such negligence rests benefit of creditors, the assignee takes the real estate surety, a mortgage given by the surety is dis3. Under a deed of general assignment for the principal without knowledge or consent of the on the plaintiff, It cannot be in ferred from the facts
of killing. Railroad Co. v. McMillen, 37 Ohio St., 554. subject to all valid liens existing thereon against the charged. A judgment
given by the surety attaches Railway Co. v. Heiskell. Ohio Supreme Court. assignor. Morgan, Kinney et al. Supreme Court to the land and a subsequent waiver of the discharge of Ohio.
Homestead-Effect of Foreclosure on.-A decree in will not defeat the lien of the judgment. Campion, foreclosure can not conclude the homestead rights Partition of Land-Mortgage on Undivided Inter- Jr. v. Whitney, Supreme Court of Minnesota.
of any person not a party to it. A mortgage made by est in Land-Rights of Mortgagor in Partition Suit.
By statute, passed April 20, 1881 (78 0. L. 403), the a married man, and covering his homestead, is void, 1. An undivided interest in land in fee simple, of commissioners of Hamilton county were authorized
so far as his homestead is concerned, if executed which a decedent was seized or possessed as tenant to lay out, open, grade and macadamize a road be without his wife's signature; and it cannot become in common or joint owner with another, is subject tween certain points named, and to pay the cost foreclosure to be taken pro confesso in a suit in which to partition. 2. A mortgagee of an interest in an undivided es- fund of the county; provided that no part of the
no issue as to homestead rights has been raised or tate has an incumbrance but no estate in the land. money appropriated'shall be applied in the purchase passed
upon, and in which the wife has not been imand cannot prevent, control, or take part therein: when a petition, signed by a majority of the prophomestead right in land which has been
mortgaged On sale in partition, the lien of the mortgage is erty holders, shall be presented to the commission. by the husband alone, and against which a decree of divested and thrown on the proceeds of sale or the ers praying for its opening, they shall cause a survey foreclosure has been rendered, the husband should owelty. Stewart and Wife vs. Allegheny National and estimate of the cost of the road to be made, and be joined as complainant; but the decree in such a Bank. Supreme Court, Pa., 15 Legal Intelligencer, the work shall be let to the lowest bidder.
suit is for the benefit of the family, and the death of Held:
the wife will make no difference if children survive. (From the Colorado Law Reporter.)
1. Before the commissioners can expend the fund Shoemaker v. Collins. Michigan Supreme Court. Tax Sales.-Are purely statutory, and must be con- any part of the road, the entire right of way must appropriated for opening, grading or inacadamizing
1. Homestead - Double House - Residence. - The ducted, in all substantial respects, in strict conform be secured without cost to the county.
premises consist of a lot in San Francisco, which ity with the statutory provisions, otherwise they are
2. Where the road, as located, passes through land with the improvements are of the value of $8,500. void.
owned by minors, the right of way is not secured Upon the land is a double house, intended for two Statute of Limitations. The statute of limitations therein by a deed executed by the guardian of such families, one part occupied by the insolvent, and the cannot avail one not in actual possession, claiming minors without authority from the probate court. A other part by his tenants. The house has two distinct title to real estate under a void deed. In such case guardian has no power to make such conveyance, entrances, and there is no interior connection by there is nothing to set the statute in motion-noth- and as against the minors the same is void.
which a person can go from one house to the other. ing for it to act upon or against. Gomer v. Chatfee.
3, The commissioners will be enjoined, in an action Held, that the portion not occupied by the insolvent Supreme Court of Colorado.
properly brought for that purpose, from expending could not be set apart as homestead property. (From the Legal Intellingencer, Philadelphia.) the money so appropriated, in the construction of 2. Mortgage on Premises. - The existence of a
said road, until the right of way is legally obtained. mortgage on the above premises is not an element in Parol contracts for the sale of lands-Evidence
ex rel. Miller Outcalt, Prosecuting Attorney, the ascertainment of the property to be set apart as a The terms of a parol contract for the sale of land etc. v. The Commissioners of Hamilton County. Er homestead or its value. Tiernan v. Creditors. Calimust be shown by full, complete, satisfactory and ror to the District Court of Hamilton County.
fornia Supreme Court, indubitable proof. Where an attempt is made to set up a parol con- Efect of Apt Words to Convey Estate-Granting
[From the Pacific Coast Law Journal.] tract for the sale of land against a father by one
Specific Performance-Contract-Time-Paymentclaiming under the son, the evidence of such con- 1. A deed containing apt words to convey an estate Notice-Laches.--Action to enforce specific performtract must be direct, positive, express, and unambig. in fee, must be held to have that effect, in the ab- ance of a sale of real estate. Held, the contract was uous. Edwards and Wife v. Morgan et al. Supreme sence of other words showing clearly and unequivo- complete and certain, and fair in its terins; it was Court of Pennsylvania. cally a different intention.
also mutual in its remedies, and such a one as a
2. "The granting clause in a deed was as follows: Court of equity will enforce.' By its terms, time for When a vendor institutes an action founded upon
"The first party has agreed to sell and does hereby the payment of the purchase-money was specified ; a contract for the sale of land, and recovers a jndg- give, grant, bargain, sell and convey" unto the but, alihough the purchuser failed to pay at the time ment for the purchase money, or what is the same second party, their heirs and assigns, all the stone specified, time was not of the essence of the contract, thing, takes and enters up a judgment bond or note coal lying and being, under and upon certain prem- for the delay in making payment was excusable; the therefor, and then proceeds by execution to sell the ises," in consideration of thirty cents per ton on all vendors consented to it and acquiesced in it, and land, he must be considered as selling all the estate coal when mined, and the second party bound them- never, at any time, withdrew their consent, by givin the land, whatever that may be, which he agreed selves to mine at least 3,000 tons annually. It was ing notice to the purchasers that they required perto sell to the defendant. The lien on the property thus sold is prior to all right to abandon the contract at any time when they fore, not attributable to the purchaser in making his
also stipulated that the second party shall have the formance within a specitied time; laches was, thereothers. Bowser v. Dick. Supreme Court of Penn- shall determine, in their judgment, that said coal, in payments under the contract. sylvania.
quantity, quality and condition, is no longer min- Id.-Id.-When time is not of the essence of a conAfter a contract for the sale of land had been exe-able with economy and protit." Held: 1. All minable tract for the conveyance of real estate, and has not cuted, and before any money had become due there. coal in place passed absolutely to the grantees. 2. been made so by notice, then the inere fact thut the under, the land in question was seized and sold by After such conveyance no interest in the minable purchaser, with knowledge and consent of his ven. the sheriff, upon a judgment obtained against the coal remained in the grantor subject to be mort- | aors, enters upon and occupies the land under his
contract, and makes valuable improvements thereon, military, or other purposes, or reserved for railroad MINERAL PATENTS ISSUED. is ordinarily decisive to entitle him to the favorable purposes, will be excluded from sale. interposition of a Court of equity.
The offering of the above lands will be commenced Id.- Id. And when, in addition to the circum- on the day appointed, and will proceed in the order
Since our last report, patents have been stances of entry on the land and the erection of val. in which they are tabulated until the whole have issued for the following mining claims : ment of the greater portion of the purchase-money shall not be kept open longer than two weeks, and no
ARIZONA. and readiness to pay the remainder, a purchaser will private entry of any of the lands will be admitted be entitled to relief, if he has not been guilty of until the day after the close of the public offering.
Cochise County. laches in applying for it, or unless there be some cir- All lands held at double minimum price will be discumstance in his case which would render it inequit- posed at mot less than two dollars and tifty cents Woronoca Mg. Co., San Diego Lode. able to grunt relief.
($2.50) per acre, and allands held at minimun price Id. -Tender.-The complaint contains no averment will be disposed of at not less than one dollar and
Gila County. of a formal tender; but such a tender is not required twenty-five cents ($1.25) per acre. Lists of sectional Samuel J. Webster, Champion and Rescue in every case. Part performance and readiness to subdivisions are in the hands of the district officers, Lodes. perform the remainder was, under the circum- and will be open for the examination of those desir: stances of the case, sufficient for the maintenance of ing to purchase.
Pinal County. the action,
Given under my hand, at the City of Washington, Id.-Id.--While it is competent for a defendant in this third day of May, A. D. 1883.
Ferre Mg. Co., Bee Lode. an action for specific performance to show that by a
CHESTER A, ARTHUR. Peter Whitmer et al., Silver Queen Lode. subsequent parol agreement he was to retain the BY THE PRESIDENT : title until other money than that named in the orig
N, C. MCFARLAND,
CALIFORNIA. inal contract should be paid, and can properly refuse Commissioner of the General Land Office. to convey until such subsequent contract' is per
Butte County. forined, on the principle that the plaintiff' seeking
NOTICE TO PRE-EMPTION (LAIMANTS. equity must do equity, the finding on the subject is
Eben McKenney, Mountaineer Placer Mine. Every person entitled to the right of pre-emption against the defendant, Id.-Decree.-Form of decree in Keller v. Lewis, 53 of Townships above enumerated is required to esto any of the lands within the Townships and parts
Red Hill Hyd'lc Mg. and Water Co. Placer.
H. F. L. Stæver et al., Goods Flat Qtz. Mine. Cal. 118, approved. Barsolon v. Newton and Schar- tablish the same to the satisfaction of the Register din. Supreme Court of California. and Receiver of the Saint Cloud Land Omice, and
El Dorado County. Mortgage-Interest-Note-If it be true that the make payment therefor as soon as practicable after plaintiff held in his hands sufficient funds of the secing this notice, and before the commencement
Lorenzo Herrick et al., Placer. mortgagors with which to pay the interest on the of the public sale of the lands embracing the tract
Placer County. note, and did not do so, it may be that the interest claimed; otherwise such claim will be forfeited. should not be compounded, but it certainly would No pre-emption claim based on a settlement subse- C. E. Purington et al., Golden Gem Placer. not prevent the note from bearing simple interest quent to the date of this proclamation, and prior to according to its terms. the offering, will be recognized by the Government.
San Bernardino County. Homestead - Hotel. - The contention that mort
N. C. MCFARLAND, gages executed under the power of attorney in ques
Commissioner of the General Land Ofice. Seth Marshall, Jr., Painsville and Rio Vista tion were invalid because the premises were the
Lodes. homestead of defendants. Held, not well founded. True, the husband filed a declaration of homestead
Sierra County. on the premises prior to the execution of the power of attorney; but the mere filing of a declaration of
Wm. Irelan, Sr., Yuba Qtz. Mine. homestead does not of itself constitute the premises
S. B. Irelan, Arabian Quartz Mine. embraced within it, the homestead of the declarant. OF THE ESTABLISHMENT OF THE HAILEY
Frederick Safried, Yuba Extension Qtz. The use of the property is an important element to be considered,
LAND DISTRICT IN THE TERRITORY
OF Mine. Id.-Id.-It appears that the premises in question IDAHO.
Yuba County. were used by the Wrights primarily and principally as a hotel for the accommodation of the public. It Notice is hereby given that the Presi- Ambrose Kerrigan et al., Eastern Star Placer. was so used by them at the time of the filing of the declaration, and until August, 1874, when, because of dent of the United States has, by Execu
COLORADO. left the hotel and put it in other hands. The Wrights, tive order dated January 24, 1883, in
Boulder County. it is true, lived in the hotel until August, 1874, but accordance with the provisions of Section American Cons. G. & S. Mg. Co., Ajax Lode. ness of running the hotel.” When they became 2343, Revised Statutes of the United Cornelia C. Munsen et al., First National embarrassed in their business they sought a resi: States, directed the establishment of an Lode. charge of others; and this was prior to the execution additional land district in the Territory of
Chaffee County. Id. — 1d-It would be doing violence to the statute Idaho, to be known as the Hailey land Robt. Crawford et al., Andrew Jackson to regard property so used as a homestead, which is district, bounded and described as follows: Lode. and was intended to be, the place where the home is. Laughlin vs. Wright et al. "Supreme (ourt of Cali- ('ommencing at a point on the right
Clear Creek County. fornia.
bank of the Snake River at the intersection M. S. Claypool, Hamilton Lode and M. S. Pleading-Answer- Denial - Nonsuit - Contract
Jacob J. Elliott, Specie Payment Ext’n Lode. Sale-Boarding.- Action by assignee againsi defen- of the range line between Ranges 9 and 10
John A, Fish et al., Alaska Lode. proved assignment and rested. Defendant moved east of the Boisé meridan; thence north
Albert Ford, F. W. Cram Lode. á nonsuit, which was denied. The answer denied along said range line to the left bank of
Wm. H. Hampton, Jr., Seneca Lode. the complaint, and then proceeded to aver that the Salmon River; thence easterly up the left Wm. E. Mantins et al., Anna Lode. contract of sale was for $100 in money and $400 to be bank of Salmon River to the western Chas. W. Pollard, Christie and Seminole
Lodes. legal effect to deny that the sale was for $800, or on boundary of Lemhi county ; thence north
W. W. Thompson et al., Mineral Point Lode. offered no evidence to establish the main allegation county to the boundary line between Idaho averments of the answer, and that, as plaintif hind along the said western boundary of said
Cons. Mg. Co. of Seven Mines, Waverly Lode. granted. Gilman 'v. Bootz, Supreme Court of Cali. and Montana ; thence southeasterly along fornia. said boundary line to the intersection with
Cons. Rico Mg. and Mlg. Co. of Colorado, BY THE PRESIDENT OF THE UNITED STATES. along said range line to the right bank of Geo. W. Miles et al., John B. and Stephen B. In pursuance of law, I, Chester A. Arthur, Presi. dent of the United States of smerica, do hereby de Snake River; thence westerly down the Lodes. clare and make known that a public sale of valuable right bank of said Snake River to the
Gilpin County St. Cloud, Minnesota, on Monday, August 20, 1813, at place of beginning.
Thos. Kennedy et al., West Gregory Lode. which time will be offered all lands not previously disposed of in the under-mentioned townships and
And the President has also by said Frank Kilbourn, St. Louis Extension Lode. parts of townships, viz.: order directed that the land office for the
Wm. M. Roworth, Gunnell Lode. North of base line and west of the 4th principal
II. M. Teller, Copper Bottom Lode.
A. M. Cochran, Cumberland Lode.
W. T. Holt, Ruby King Lode.
J. C. Taylor, Amboy Lode.
Geo. H. Whitelaw, Wanderer Lode.
Geo. N. Whitelaw, Senator Lode. North or base line and west of the 5th principal Receiver by publication. meridian in the St. Cloud, Minesota, land district:
Lake County. Townships 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, Given under my hand, at the City of 149 and 150, Range 25.
B. F. Betser, Badger State Lode. Townships 139, 140, 141, 142, 143, 144, 149 and 150, Washington, this 30th day of January,
Cadillac Cons. Mg. Co., Buffalo Girl, P.J. C. Range 28.
A. D. 1883. Townships 139, 140, 141, 142, 143, 144, 149 and 150,
and Trainer Lodes. Rarige 27.
BY THE PRESIDENT:
Jolin F. Campion et al., Clara Burbank Townships 143 and 144, Range 34.
Lode. Townships 141, 142, 143 and 144, Range 36.
N. C. McFARLAND, Lands appropriated by law for the use of schools, Commissioner of the General Land Office. D. E. S. Covert et al., Phat Purse Lode.
Nos. 663. 664, 666, 667, 669, 673, 674, 675, 680, 685, 687, 693, Nos. 7813, 7815, 7817, 7819, 7824, 7825, 7829, 7831, 7833, 7835,
7847, 7849, 7354, 7857, 7860 to 7863 inclusive, 7866, 7871, 7873,
7874, 7877, 7880, 7881, 7884, 7885, 7892, 7897, 1900, 7901, 7902,
No. 18 Desert Lands, also 1512, 1513, 1514, 1516, 1517, 7904, 7905, 7908, 7910 to 7917 inclusive, 7922, 7923, 7926 to
7943, 7944, 7948, 7949,
7950, 7952. 7953, 7954, 7957, 7962, 7964, 7968 to 7974 inclusive,
7976, 7978 and 7982.'
Mitchell Series Nos. 7844 and 7885.
Norfolk and Neligh Series Nos. 3438, 3484, 3505, 8510,
3560, 3572, 3615, 3623, 3639, 3642, 3643, 3647, 3655, 3656, 3661,
3672, 3676, 3677, 3687, 3693, 3698, 3699, 3701, 3703 and 3709.
7905, 7908, 7909, 7919, 7921, 7922, 7923, 7925, 7931, 7932, 7933, Nos. 134, 147, 160, 182, 183, 184, 186, 188, 190, 191 and 192.
Nos. 1886. 1888, 1894, 1906, 1907, 1909, 1910, 1912, 1913, 1916,
Mitchell Series Nos. 7775, 7800, 7872, 7876, and 7877. 1917, 1920, 1921, 1922, 1923, 1926, 1930, 1931 and 1936.
Nos. 293, 397, 1479, 2007, 2260, 2293, 2303, 2310, 2328, 2331, Nos. 17059 to 17080 inclusive, 17083 to 17089 inclusive,
2342, 2347, 2385, 2387 to 2391'inclusive, 2393, 2394, 2396, 2397, | 17090 to 17095 inclusive, 17097 to 17101 inclusive, 17104 to
2323 to 2426 inclusive, 2428, 229, 233, 2434, 2435, 2437, 2439, inclusive, 17208 to 17217 inclusive, 17219 to to 17226 in.
2441, 2442, 2443, 2445, 2446, 2447, 2449, 250, 2452 to 2467 inclusive, 17228 to 17235 inclusive, 17237 to 17254 inclusive,
clusive, 2469, 2470, 2471, 2472, 2474, 275, 276, 277, 278, 17257 to 17268 inclusive, 17270 to 17313 inclustve, 17315 10
2479, 2480, 2482, 2483, 2484, 2485, 2486, 2489, 290, 2491, 2492, 17324 inclusive, 17326 to 17356 inclusive.
2493, 2494, 2496, 2497, 2499, 200, 2501 to 2507 inclusive,
2509 to 2513 inclusive, 2515, 2517, 2518, 219, 2520, and
HOMESTEAD PATENTS ISSUED.
Copp's LAND OWNER for this month reports the
issued and sent to the below-named land-offices :
Nos. 27, 31, 38 and 48.
7780 to 7784 inclusive, 7787 to 7792 inclusive, 7795, 7798 to Nos. 732, 733, 792, 873, 979, 1008, 1009, 1010, 1032, 1036, 1037,
7810 inclusive, 7812, 7813, 7814, 7815, 7819, 7821, 7822, 7826, 1065, 1099, 1120, 1138, 1146, 1202, 1203, 1204, 1337, 1422, 1518,
inclusive, 7844 to 7854 inclu- 1530, 1532, 1554, 1555, 1556, 1557, 1589, 1651, 1661, 1664, 1665,
7838, 7890, 7891, 7893, 7894, 7895, 7896, 7898, 7900, 7902, 7905, 1698, 1700, 1702, 1703, 1704 1705 and 1709.
7907, 7909, 7912, 7914, 7916, 7917 to 7922 inclusive, 7924, 7926
7963, 7964 to 7974 inclusive, 7976 to 7984 inclusive, 7986 sive, 2123, and 2128.
sive, 8015, 8016, 8018, 8019, 8020, 8021, 8024, 8025, 8029, 8030,
8031, 8033 to 8037 inclusive, 8039, 8041, 8042, 8046, 8047, 8055, Nos. 337, 357, 360, 368, 370, 374, 375, 377, 378 and 379.
Nos. 623, 1824, 1874, 1994, 1996, 1997, 2001, 2002, 2006, 2007,
2009, 2012, 2014, 2020, 2021, 2023, 2024, 2027, 2030, 2932, 20334
2036, 2037, 2042, 2045, 2046, 2018, 2051, 2053, 2015, 2056, 2051,
Supreme Court Scrip Patents Nos. 0. 18 and 0. 19, 2060, 2062, 2064, 2068, 2069, 2070, 2076, 2077 and 2078.
Cawker City, Kirwin Series Nos. 8, 120, 833, 842, 1371,
2258, 2297, 2303, 2333, 2335, 2337, 2366, 2369, 2414, 2416, 2423 2246, 2248 to 2251 inclusive, 2254 to 2258 inclusive, 2262
2414, 2452, 2456, 2006, 2621, 2641, 2643, 2661, 26567, 2679, 2691, 2264, 2266, 2267, 2269 to 2273 inclusive, 2275 to 2282 inclu-
2694, 2709, 27:22, 2725, 2730, 2737, 2774, 2780, 2783, 2794, 2798 sive, 2281 to 2288 inclusive, 2290, 222, 2293, 2294, 2291,
2800, 2801, 2819, 2826, 2843, 2845, 2848, 2850, 2925, 3042, 3076, 2297, 2304 to 2314 inclusive, 2316 to 2322 inclusive, 2324
2325, 2326, 2328, 2329, 2330, 2331, 2332, 2334, 2335, 2336, 2339,
2340, 2343, 2345, 2346, 2347, 2349, 2351 to 2355 inclusive, 2357,
Nos. 66, 399, 410, 411, 419 and 480.
2359, 2559, 2672, 3024 and 3630.
Nos. 14179 to 14201 inclusive, 14204 to 14208 inclusive,
14210 to 14216 inclusive, 14218 to 14223 inclusive, 14225, Nos. 183, 341 to 346 inclusive, 349, 350, 351 and 353.
inclusive, 14322, 14323, 14324, 14326, 14327, 14329, 14331,
14332, 14333, 14335 to 14340 inclusive, 14342, 14345, 14347 to
Nog. 5274, 5285, 5286, 5288, 5292, 5293, 5305, 5310, 5319, 5321,
14989, 15074, 15141, 15162, 15260, 15274, 15414, 15491 and 15556, 5444, 5445, 5448, 5450, 5451, 5453, 5455, 5457, 6458, 5460, 5462
5465, 5469 to 5472 inclusive, 5474 to 5477 inclusive, 5450 to
5483 inclusive, 5485, 5491 to 5493 inclusive, 5495, 5497 to
Xos. 1524 and 1814.
Nos, 2528, 3369, 3570, 3677, 4001, 4004, 4188, 4238, 4252,
Nos. 1929, 1932, 1949, 1950, 1952, 1953, 1973, 2134 to 2138 in- ! 4279, 4750, 4820, 4845, 4849, 4850, 4851, 4865, 4924, 4944, 4916.
clusive. 2147, 2148, 2151, 2154, 2155, 2156, 2157, 2161, 21631960, 4976, 1994, 1995, 5013, 5052, 5053, 5054, 5067, 5087 and
1164, 2165, 2172, 2176, 2177, 2178, 2179, 2182, 2185, 2188, 2189, 5105.
2297, 2299, 2306, 2308, 2311, 2313, 2315, 2317, 2318, 2325, 2326,
Nos. 1846. 2088, 2089, 2093, 2107, 2109, 2110, 2134 to 2139 in.
2362, 2363, 2371, 2372, 2373, 2381, 2387, 2391, 2393, 2394, 2403, clusive, 2140, 2141, 2143, 2145, 2146, 2147, 2149 to 2163 inclu.
2405, 2406, 2407, 2408, 2409, 2411, 2416, 2417, 2419, 2427, 2428 sive, 2167 to 2172 inclusive, and 2174.
Nos. 8534, 8570 and 8617.
Nos. 52, 90, 98, 99, 100, 103, 104, 106 to 110 Inclusive, 112.
COPP'S LAND OWNER.
WASHINGTON, D. C., JUNE 15, 1883.
Entered at the Post Office at Washington, D. C. as This paper furnishes more valuable law informa- fit $2,000, J. L. McCreary and F. W. second-class matter.
neys and real estate dealers, by more homestead, Bigelow $1,600. THIS KOTICE MARKED with a blue or red pre-einption, and other land claiinants, and by more
mine owners, engineers, and superintendents, than This is a partial acknowledgment of pencil indicates that your subscription expires with any other publication in the United States,
the valuable services of U. J. Baxter, who this issue, and if you wish the paper continued without interruption, you should remit your renewal ALL Registers and Receivers of the U. is thus spoken of by Senator Call, as resubscription at once.
S. land offices are authorized to receive ported in the Congressional Record : Parties renewing their subscriptions will find it subscriptions for this paper.
“ It has come within my observation in the advantageous to send $1.00 for their card in the Land
course of my duties here, that the person perDirectory one year.
In case of Thyen vs. Canedy, decided sistant Attorney General's office in the Interior
forming the duties of chief law clerk in the AsCONTENTS.
May 16, 1883, Secretary Teller intimates Department is a man of extraordinary capacity, Editorial Notes-Land Personals..
that had not other reasons for dismissing fully qualified to perform any judicial duty or the contest been sufficient, he would have any legal or professional duty that may be imdismissed it for non-compliance with the posed on any man in any position. It has also
been made known to me by actual experience Ryan vs. Stadler-Thyen vs. Bryant-John Dotta- Rules of Practice. He urges the local in that office, the people of my State having had Fees for Copies and Plats..
officers to rigidly comply with these rules many subjects of interest to them connected MIXES AND MINERALS. in every particular.
with the public lands before the law officers of End Lines of Lode Claims.
that department, that he is one of the most inCephas W. Carpenter-McGurk vs. Waters...
dustrious men whom I have ever seen in any Woodruff vs. McGinness-Montague vs. Dobbs.... 88 The Index to Vol. 9 of the LAND-OWNER position, either public or private. He is thor
has been sent out. Subscribers who fail oughly familiar with the laws upon subjects
to receive it will please notify by postal. relating to his department, and is conversant, W. T. Bostwick...
by an experience of many years, with all the Instructions-McLeoud vs. Weade-Barbee vs. Gilmore-F. M. Heaton..
decisions of the department. I am informed Lorenzo A. Paddock Lown vs. Criswell
that he stands very high in the esteem and consarchy vs. Juarez Jobo i. Hosmer - Erik Thoresen Smithbak COMMISSIONER McFarland has been ab- fidence of those who have been at the head of Thorp Williams et al....
the department. sent in Kansas, superintending some land "I made the inquiry what his compensation
matters. On his last birthday the ladies was. That compensation this bill proposes to C. A. Rice–Shanly vs. Moran--Boyson vs. Born.... 93 of the office waited on him in a body, make, in common with another appointee, $2,Frederick C. Ziminerman.
94 and presented a floral offering. The Com- 250. There is no question that in any pursuit missioner is very suave and polite, and connected with the law, outside of this depart
ment, he would be able to command at least $5,reaches his conclusions after mature de. 000 a year. I am informed that he is a man of Albert W.Fry--Central Pacific R. R. Co., successor to California & Oregon R. R. Co..... 94 liberation.
large family, and that he has been in this office Daneri vs. Texas & Pacific R.R. Co-Circular.....
ATTENTION is called to the new cards in for many years; and has no hope of increasing
his compensation by any effort or occupation in the Land Directory, of George F. Good
any other pursuit. It is manifest to any one Bliss t:. Sehamel.....
90 win, of Lisbon, Henry Hoffman, of Blunt, who knows anything about the necessities of
and Fort & Fort, of Bismarck, energetic life and the expense of living in Washington, Malheur Indian Reservation, Oregon--Crow Res. land men in the glorious country of the that this amount is not adequate compensation ervation, Montana.... 96 Dakotas.
for such a man as I have described, and that it
will not afford to a man and his family more
0. F. Davis, of Bismarck, Dakota, and than a bare and meager support, without anyGen. Horatio Gates' Heirs..
96 0. F. Davis, of Omaha, Nebraska, are two thing for the education of his children, or as a John H. Moore Chandler vs. Village Sault Ste. Marie..... different individuals. They resemble each provision against sickness and age or discharge
from office. other only in their devotion to the land
“I have but little personal acquaintance with business. Additional Land District in Dakota.
this gentleman. All that I know I have learned The Flats Buildings..
The General Land Office has lost two in the course of my official relations with his Mineral Patents Issned.. Cash Patents Issued.
100 of its ablest men: F. D. Hobbs and G. B. department; but I submit to the Senate that a Homestead Patents Issued.. .100 Coburn have resigned to accept special ment for so many years, of such eminent qualifi
man who has been in the service of the GovernPROFESSIONAL CARDS.
agencies in the West. Some of the best cations, every day passing upon questions inRedington & Hill, Washington, D. C.....
I decisions under the Homestead and Tim- volving large amounts of money, every day Curtis & Burdett, Washington, D. C... Capt. John Mullan, San Francisco & Washington.
ber Culture Laws have been prepared by saving to the Government large sums of money, D. H. Talbot, Sioux City, Iowa... these gentlemen.
and performing duties equally as important as Ellery C. Ford, Washington, D.C.
those which the judges of the Supreme and CirSickels & Randall, Washington, D. C..
Among the recent and well-merited pro- cuit courts perform in many cases, should reDrummond & Bradford, Washington, D. C.. W. K. Mendenhall, Washington, D. C...
motions in the General Land Office,Charles ceive a larger compensation than $2,250. I J. A. Sibbald, Washington, D.C.. W.J. Johnstou, Washington, D. C..
1 T. Yoder takes a 4th class clerkship, J. therefore submit this amendment, and I trust Chas. & Williaui B. King, Washington, D.O. IV W. Sanderson, a 3d, W. A. Marks, a 2a, the Senate will give it favorable consideraWalter H. Smith, Washington, D. C...
tion." H. J. Frost, Washington, D). C..
and G. A. Woolley, a 1st. Riddle, Davis & Padgeti, Washington, D. C...... IV
By promotions and additions, under a Messrs. Palliser, Palliser & Co., of
recent law of Congress, Gen. McCam- Bridgeport, Ct., the well known ArchiLand Directory.... American Settler's Guide.
Il mon's assistants in the law bureau of the tects and Publishers, have lately issued a Copp's Land Owner-Bound.
III Interior Department are U. J. Baxter sheet containing plans and specifications Copp's Public Land Laws.. Mun & Co., Patents...
$2,750, N. P. Loveridge $2,500, E. E, of a very tasteful modern eight-room cotCopp's U. S. Mineral Lands
IV Cooley $2,250_N. S. Howe, S. W. Rit. tage with tower, and also with the necesCopp's American Mining Code. General Price List
IV tenhouse, F. L. Campbell and S. V.Prond- sary modifications for building it without
99 99 100