possible his valuable improvements; there being no provision in the act allowing a joint entry by parties claiming separate portions of the same legal subdivision. 17. In conflicts, when improvements, etc., have been commenced subsequent to March 3, 1873, or shall be hereafter commenced, priority of possession and improvement shall govern the award when the law has been fully complied with by each party. A mere possession, however, without satisfactory improvements, will not secure the tract to the first occupant when a subsequent claimant shows his full compliance with the law. 18. After an entry has been allowed to one party you will make no investigation concerning it at the instance of any person except on instructions from this office. You will, however, receive all affidavits concerning such case and forward the same to this office, accompanied by a statement of the facts as shown by your records. 19. Prior to entry it is competent for you to order an investigation, on sufficient grounds set forth under oath of a party in interest and substantiated by the affidavits of disinterested and credible witnesses. 20. Notice of contest, in every case where the same is practicable, must be made by reading it to the party to be cited and by leaving a copy with him. This notice must proceed from your office and be signed by the register or receiver. Where such personal service cannot be made by reason of the absence of the party, and because his whereabouts are unknown, a copy may be left at his residence, or, if this is unknown, by posting a copy in a conspicuous place on the tract in controversy, and by publication in a weekly newspaper having the largest general circulation in the vicinity of the land (where no newspaper shall be specified by this office) for five consecutive insertions, covering a period of four weeks next prior to the trial; and in each case requiring such notice a copy must be forwarded with the returns to this office, accompanied with proof of service by affidavit indorsed thereon. 21. In every case of contest all papers in the same must be forwarded to this office for review before an entry is allowed to either party. 22. Thirty days from your decision will be allowed by you to enable any party to take an appeal or file argument to be forwarded to this office. 23. No appeal will be entertained unless the same shall be forwarded through the district land office. 24. The party may still further appeal from the decision of the commissioner of the general land office to the Secretary of the Interior. The appeal must be taken within sixty days after service of notice on the party. This may be filed with the district land officers and by them forwarded, or it may be filed with the commissioner, and must recite the points of exception. 25. If not appealed the decision is by law made final. (See Section 10, act of June 12, 1858, United States Statutes, vol. 11, p. 326.) After appeal thirty days are ́usually allowed for filing arguments, and the case is then sent to the secretary, whose decision is final and conclusive. 26. Manner of obtaining title: First by private entry. The party will present the following application to the register, and will make oath to the same: I, -, hereby apply, under the provisions of the act approved March 3, 1873, entitled "An act to provide for the sale of the lands of the United States containing coal," to purchase the of range quarter of section in township in the district of lands subject to sale at the land office at and containing -acres; and I solemnly swear that no portion of said tract is in the possession of any other party; that I am twenty-one years of age, a citizen of the United States (or have declared my intention to become a citizen of the United States), and have never held nor purchased lands under said act, either as an individual or as a member of an association; and I do further 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. To this affidavit the register will append the usual jurat. 27. Thereupon the register, if the tract is vacant, will so certify to the receiver, stating the price, and the applicant must then pay the amount of purchase money. 28. The receiver will then issue to the purchaser a duplicate receipt, and at the close of the month the register and receiver will make returns of the sale to the general land office, from whence, when the proceedings are found regular, a patent or complete title will be issued; and on surrender of the duplicate receipt such patent will be delivered, at the option of the patentee, either by the commissioner at Washington or by the register at the district land office. 29. This disposition at private entry will be subject to any valid prior adverse right which may have attached to the same land, and which is protected by Section 2. 30. Second. When the application to purchase is based on a priority of possession, etc., as provided for in Section 2, the claimant must, when the township plat is on file in your office, file his declaratory statement for the tract claimed sixty days from and after the first day of his actual possession and improvement. Sixty days, exclusive of the first day of possession, etc., must be allowed. 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 — dollars, the nature of such im——; that I am now in provements being as follows: 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. SECTION CHAPTER XIII. LAND OFFICE DECISIONS. 89-Mineral land open to exploration and purchase. 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. |