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toms, having the right to occupy the site for milling purposes and other parties for mining.

In the first place, there is no statute anthorizing the issue of a patent. for a mill-site, as such.

Where such site is used in connection with a mine in pursuance of a local custom, a State or Territorial law, and is reasonable in extent, it may be patented with the mine as a part of the surface ground allowed for the convenient working of the same.

The fact of there being placer gold on the site would not be an obstacle in the way; but the circumstance of some individual or company having located a mining claim upon it, by taking the steps required by the mining regulations of Montana, would prevent the issuing of a patent unless the mining claim and mill-site claim were held by the same person or persons. Where this is the case the site may then be patented as a part of the surface ground of a lode claim, provided it is in fact so used or is necessary as such, and is sustained by the local regulations.

Whatever is a bona-fide lode claim under the local regulations may be patented under the act of July 26, 1866; and when a mill-site constituted a part of such a claim it may be included in the patent, provided there are no claims adverse to that of the patentee unadjusted.

2. Where a patent has been obtained for a lode claim and by inadvertance or misapprehension the mill-site necessary to the convenient working of the claim, and in fact constituting a part of it under the local regulation, was omitted in making application for patent, and hence not included in the claim, it may be granted in another patent on the proper application and proof being made, the transaction being a bona fide one and the omission in fact the result of inadvertance or misapprehension as to the rights of applicants and under the Mining Act. Letter of Commissioner WILSON to Register and Receiver at Helena, Montana Territory, dated Jan 19, 1870.

No. 295 B.

Land returned as “mineral.”—How such land may be entered as

"agricultural."

Where a deputy surveyor returns land as "mineral," it can then only be entered as "agricultural" by proving the return to be erroneous. ** The returns of the surveyor are not, of course, based upon underground explorations, but upon mere surface indications, and the counter testimony of the agricultural claimant would be to the effect that, according to such indications, the land is more valuable for agriculture than for mining. He is not required to prove that no mineral exists, but simply that its general appearance indicates its chief value to be for farming or gardening purposes. Ibid. to Hon. G. W. Julian, dated February 5, 1870.

No. 296 B.

New regulations touching publication of notice under the mining act. In future applications the Register, before making the publication as provided in section 3 of the mining act, shall require the applicant to make a deposit sufficient to cover the expense of such publication, in favor of the United States Treasurer, as directed in the circular from this office of January 14, 1867, or enter into an agreement with the publisher that no claim shall be made against the United States for payment

of such publication; and the Register will decline to publish any notice under said act until a certificate of deposit, or the agreement with such publisher, shall be filed in his office. Ibid. to Register and Receiver, Helena, Mont., dated January 28, 1870.

No. 297 B.

APPENDIX TO TITLE III.

PRE-EMPTION CLAIMS.

Construction concerning possession of public lands before survey.-Local laws and usages.

1. A party went into possession of public lands before survey; held the same by virtue of local usages and laws; conveyed to another such title as he possessed, but remaining in possession after conveyance, filed upon the land after survey, and applies to enter it. His grantee is also living upon the land, and also makes application to enter.

will title issue?

To which

2. A decree of the local court of the Territory is rendered ordering the sale, by a commissioner, of all the interests of a party in certain public lands of the United States. The sale is made, but the party against whom the decree was rendered remains in possession, and after survey files upon the land, and seeks to enter it. Will he be allowed to do so, if his right is contested by the purchaser under the judicial decree?

1. To the first inquiry is that local laws affecting the lands of the United States are not regarded in this Department except in cases where an act of Congress has confirmed them, and rendered them valid, as, for instance, in reference to mining claims. As to agricultural lands no such confirmatory act of Congress has been passed. Hence the rights of claimants under the homestead and pre-emption laws are to be tested and determined under these statutes respectively. The claimant who can bring himself, in good faith, within these enactments, and has the advantage of priority in point of time, is the one that should succeed in acquiring the government title. A conveyance made by such a claimant before entry is not recognized in this office. Of course, any transaction that would render a claimant under the pre-emption law unable to take the oath prescribed in the 13th section of that act, would necessarily defeat his application to enter, and the same result would follow to a claimant under the homestead law, who from any cause should have rendered himself unable to make and file the affidavits required by the 2d section of the homestead act of May 20, 1862.

But any failure from these causes would not enure to the benefit of any grantees of such claimants by virtue of any conveyance previously executed. Such conveyances would be treated in this office as void, and the land would again become subject to appropriation by complying with the requirements of the respective statutes.

2. The answer to the first question is in effect an answer to the second. Until a claimant has entered and paid for United States land he has no interest in it subject to sale, and no transfer of such pretended interest, either by a private or judicial sale, is binding upon the Land Department, and this is more especially the case where the sale was made before the survey of the land, and consequently before filing upon it. Letter of Comm'r WILSON to R. and R. Helena, Mont., dated March 9, 1870.

INDEX TO PART III.

A.

PAGE

AGRICULTURAL COLLEGES,

Act donating lands to States for, (No. 47 B,)

Act extending time for acceptance of grant, (No. 78, 165 B,)

59

87-176

Joint resolution extending Act to Tennessee, (No. 196 B,)

212

Act extended to Nebraska, (No. 199 B,)

213

Act relating to issue of scrip to States lately in rebellion, (No.

201 B,)

214

Act relating to Nevada and California, (No. 208 B,)

217

Act providing that scrip shall not be located on more than three sections
in one township, (No. 220 B,)

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Homesteads in, (No. 146 B,)

Act granting lands for, (No. 176 B,)

ATKINSON-FORT RESERVATION,

ALABAMA,

Act relating to homesteads in, (No. 146 B,)

ALEMANY, BISHOP,

May sell college rancho in California, (No. 96 B,)
APPENDIX TITLE 12, .

ARIZONA,

Act to provide temporary government for, (No. 64 B,)

And New Mexico to constitute one surveying district, (No. 109 B,)
Utah and Montana made a new land district, (No. 193 B,).
Attached to surveying district of California, (No. 193 B,)

ARKANSAS,

Act granting land for railroad from Pilot Knob to Helena, (No 155 B,)
Act to revive Act granting land for railroad via Little Rock to Texas
boundary, (No. 178 B,)

ASSIGNEES,

Of pre-emption land warrant locations, act for relief of, (No. 8 B,)
ATLANTIC AND PACIFIC RAILROAD COMPANY,

Settlers on allowed right of pre-emption, (No. 7 B,)

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20

B.

BATON ROUGE LOUISIANA,

Title to certain lands relinquished to, (No. 11 B,).

BOUNTY LAND WARRANTS, (No. 117 B,)

Act for relief of assignees of locations of, (No. 8 B,)
Act authorizing location of certain, (No. 22 B,)
Act authorizing reissue of in certain cases, (No. 23 B,)
BOUNTY LAND CLAIMS, act for satisfying, (No. 117 B,)

24

135

21

33

34

135

C.

CALIFORNIA,

Act respecting boundary line of, (No. 5 B,)

19

Act respecting jurisdiction of U. S. District Courts in regard to private
land claims, (No. 9 B,).

21

CALIFORNIA, Continued.

Act, same repealed, (No. 103 B,)

Act respecting suit for lots in San Francisco, (No. 26 B,)

PAGE

114

35

Surveying district of Nevada united to, (Nos. 36, 39, 125, B,) 44, 47, 139
Settlers on unsurveyed lands in—required to file declaratory statements,

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Act for relief of settlers on Rancho "San Ramon," (No. 84 B,)

Act granting pre-emption to certain purchasers on "Soscol Ranch" (No.
70 B,)

Act concerning land claimed of Francisco Soberanes-"Saujon de Santa
Rita" (No. 52 B,)

63

70

95

Act providing for sale of "Canada de los Pinos Rancho," (No. 96 B,)
Act granting land for State prison, (No. 98 B,)

110

Act in relation to Indian Superintendency and reservations, (No. 77 B,)
Act granting right of pre-emption on Rancho "Bolsa de Tomales," (No.
92 B,)

112

85

107

Act granting Yo "Semite Valley" and "Mariposa Big Tree Grove" to
State, (No. 101 B,)

113

Act to quiet titles in Rancho "Laguna de Santos Calle," (No. 113 B,)
Act for relief of occupants of lands of ex-mission of "San Jose," (No.
133 B,)

Act to expedite settlement of titles in-and in relation to survey of private
land claims, (No. 103 B,)

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Act to pay for improvements of settlers in "Hoopa Valley," (No. 134 B,) 134
Act to quiet titles to certain lands in San Francisco, (No. 139 B,).
Act granting lands for railroad from Folsom to Placerville, (No. 162 B,)
Act to quiet land titles in, (No. 169 B,)

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Act to quiet land titles in towns of Santa Clara and Retaluma, (No. 189 B,)
Act to quiet land titles in Benicia and Santa Cruz, (No. 166 B,)
Act to aid in construction of California and Oregon Railroad, (No. 172 B,).
Act, same amended, (No. 209 B,)

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Act granting lands for construction of Southern Pacific Railroad (No.
176 B,)

Time extended for construction of same, (No. 217 B,)

187

218

206
176

196

223

Act granting lands for railroad from Stockton to Copperopolis, (No. 195 B,)
Act relating to Agricultural College lands in, (No. 208 B,)
Act providing that lands in Mono and Inyo Counties shall be embraced in
Aurora, Nevada land district, (No. 208 B,)

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Act restoring Mendocino Indian reservation to public lands, (No. 218 B,)

223

CANALS. (See SEVERAL STATES.)

Right of way granted to owners of certain, (No. 174 B,)

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Act for relief of inhabitants of-on public lands, (No. 192 B,)
Act, same amended, (No. 206 B,)

Act for disposal of town property and, (No. 108 B,)
Act supplemental to the foregoing, (No.`130 B,)

207

216

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COAL BEDS,

Certain, relinquished to city of Des Moines, (No. 118 B,).
COLLEGES,

136

Act donating lands for benefit of Agriculture and Mechanic arts, (No. 47 B,)
Act extending same to Tennessee, (No. 196 B,)

Act extending time for acceptance of grant, (No. 78, 165 B,)
Act relating to Nevada, (No. 156 B,)

New States to be entitled to benefit of act when, (No. 165 B,)
Act extended to Nebraska, (No. 199 B,)

Act as to States lately in rebellion, (No. 201 B,)

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COLLEGES, Continued.

Script not to be located on more than three sections in any one township,
(No. 220 B,)

COLORADO,

Temporary government for, (No. 29 B,)

PAGE

224

39

Utah and to constitute one surveying district, (No. 36, 39 B,)

44-47

Land Office in, established, (No. 41 B,).

49

Pre-emption Act extended to, (sec. 2, No. 41 B,)

49

Act for admission of State, &c., (No. 75 B,)

83

Act for relief of citizens of Denver, (No. 87 B,)

100

Act in relation to Union Pacific and Denver Pacific Railroad Companies,
(No. 231 B,)

230

CONTRACTORS with Post Office Department,

Act respecting pre-emption rights granted to, (No. 15. B,)

26

D.

DAKOTA,

Territory organized, (No. 34 B,)

Act for removal of certain Indians, and for disposal of their lands,
(No. 72 B,)

And Montana to constitute one surveying district, (No. 109 B,)
DECLARATORY STATEMENTS,

Settlers in California to file-for unsurveyed lands, (No. 39 B,)

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Portion of granted lands may be applied to Keokuk, Fort Des Moines,
and Minnesota Railroad, (No. 53 B,)

63

Certain coal-beds relinquished to city, (No. 118 B,

136

DISTRICT COURTS OF U. S.,

Jurisdiction of-as to private land claims in California, (No. 9 B,)

21

DONATION CLAIMS, in Washington and Oregon, (No. 80 B,)
Act amending donation Act, (No. 98 B,)

89

86

E.

EXEMPLIFICATIONS OF RECORDS,

When to be furnished by General Land Office, (No. 116 B,)

F.

FLORIDA,

Act to settle title to lands along the boundary between Georgia and-
(No. 2 B,)

Act for adjustment of private land claims in, (No. 20 B,)

Act for same, extended, (No. 194 B,)

Act providing for homesteads in, (No. 146 B,)

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Authorized to be continued and extended, (No. 212 B,)

GEORGIA,

Act to settle titles to lands along the boundary between Florida and—
(No. 2 B,)

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