ALASKA. 109 



be Stated, and also the area in conflict with each intersecting survey, substantially 



as follows : 



Acres. 



Total area of claim 10. 50 



Area in conflict with survey No. 302 i. 56 



Area in conflict with survey No. 948 2. 33 



Area in conflict with Mountain Maid lode mining claim, unsurveyed i. 48 



It does not follow that because mining surveys are required to exhibit all 

 conflicts with prior surveys the areas of conflict are to be excluded. The field- 

 notes and plat are made a part of the application for patent, and care should 

 be taken that the description does not inadvertently exclude portions intended 

 to be retained. It is better that the application for patent should state the 

 portions to be excluded in express terms. A survey executed as in the example 

 given will enable the applicant for patent to exclude such conflicts as may seem 

 desirable. For instance, the conflict with survey No. 302 and with the Moun- 

 tain Maid lode claim might be excluded and that with survey No. 948 included. 



50. The rights granted to locators under section 2322, Revised Statutes, are 

 restricted to such locations on veins, lodes, or ledges as may be "situated on 

 the public domain.'^ In applications for lode claims where the survey conflicts 

 with a prior valid lode claim or entry and the ground in conflict is excluded, 

 the applicant not only has no right to the excluded ground, but he has no right 

 to that portion of any vein or lode the top or apex of which lies within such 

 excluded ground, unless his location was prior to May 10, 1872. His right to 

 the lode claimed terminates where the lode, in its onward course or strike, 

 intersects the exterior boundary of such excluded ground and passes within it. 



51. The end line of his survey should not, therefore, be established beyond 

 such intersection, unless it should be necessary so to do for the purpose of includ- 

 ing ground held and claimed under a location which was made upon public land 

 and valid at the time it was made. To include such ground (which may possi- 

 bly embrace other lodes) the end line of the survey may be established within 

 the conflicting survey, but the line must be so run as not to extend any farther 

 into the conflicting survey than may be necessary to make such end line parallel 

 to the other end line and at the same time embrace the ground so held and 

 claimed. The useless practice in such cases of extending both the side lines of 

 a survey into the conflicting survey and establishing an end line wholly within it, 

 beyond a point necessary under the rule just stated, will be discontinued. 



PLACER CLAIMS. 



52. The proceedings to obtain patents for claims usually called placers, 

 including all forms of deposit, excepting veins of quartz or other rock in place, 

 are similar to the proceedings prescribed for obtaining patents for vein or lode 



