This section is from the book "Hill's Manual Of Social And Business Forms: A Guide To Correct Writing", by Thos. E. Hill. Also available from Amazon: Hill's Manual Of Social And Business Forms: The How-To-Do-Everything Book Of Victorian America.
FRANKLIN ALLEN, WALTER B. SMITH, JOHN JOHNSON. Sworn and subscribed before me this first day of May, A.D. 1881.
JAPHETH E. COX, Notary Public.
In order to keep a claim good as against others entering upon the land, the discoverers, their heirs or assigns, must perform One Hundred Dollars' worth of work upon the mine each year. If one or more of the co-owners neglect or refuse to contribute their portion of the annual assessment, they thereby forfeit their ownership, which notice of forfeiture will be published in the nearest newspaper thirteen successive weeks, and will read as follows:
Georgetown, Col. , May 6, 1882. To John Johnson.
You are hereby notified that we have, during the year just past, ending this day, expended One Hundred Dollars in labor and improvements upon the Coming-Day lode, situate upon Democrat mountain, in the Griffith mining district, county of Clear Creek, and State of Colorado, of which the location certificate is found on record in book 35, page 301, in the office of the recorder of said county, in order to hold said claim under the provisions of sections 2,324 of the Revised Statutes of the United States, and the amendments thereto approved January 22, 1880, concerning annual labor upon mining claims, being the amount required to hold said lode for the period ending on May 6, A. D. 1882. And if, within ninety days from the service of this notice (or, within ninety days after this notice by publication) you fail or refuse to contribute your proportion of such expenditure as a co-owner, your interest in the claim will become the property of the subscribers by the terms of said section.
FRANKLIN ALLEN, WALTER B. SMITH.
The forfeiture notice being personally served upon the delinquent co-owner, and he paying no attention to the same, the forfeiture is considered complete at the expiration of ninety days from the time the notice was served.
In the meantime Franklin Allen and Walter B. Smith having hired Granville Smith and Philip H. Cooper to perform the assessment work, and, neglecting to pay them for their services, said workmen file a lien against the Coming-Day mining claim, which reads as follows,Twenty-five Dollars being the lowest amount for which a lien can be allowed, which claim must be made within six months from the time the labor was performed.
Griffith Mining District, Clear Creek County,
Colorado, September 6, 1882. To Franklin Allen, Walter B. Smith and John Johnson :
You are indebted to us in the sum of One Hundred Dollars for work done by us, under a contract with yon on the Coming-Day mining claim, recently worked by you, on Democrat mountain, in this mining district, in said county, for which sum we claim a lien on said mining claim.
GRANVILLE SMITH, PHILIP H. COOPER.
State of Colorado, Clear Creek County, ss.
Granville Smith and Philip H. Cooper, being this day sworn by me, deposed and said that the sum of money mentioned in the foregoing statement is justly due to them from said Frederick Allen, Walter B. Smith and John Johnson.
PETER BEASLEY, Notary Public. September 6, 1882.
The foregoing claim for miners' lien having been paid, and the owners being desirous of securing absolute ownership of the land and mine from government, now observe the following directions from the United States statutes relating to mining and mining claims.
Section 2,325.-Any person, association or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field-notes of the claim or claims in common, made by or under the direction of the United States Surveyor-General, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land office, upon the tiling of such application, plat, field-notes and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by him designated as published nearest to such claim; and he shall also post such notice in his office for the same period. The claimant at the time of filing this application, or at any time thereafter, within the sixty days of publication, shall file with the register a certificate of the United States Surveyor-General that FiveHundred Dollars' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim and furnish an accurate de3cription, to be incorporated in the patent. At the expiration of the sixty days of publication, the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim (by other parties) shall have been filed with the register and the receiver of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of Five Dollars per acre, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter: Provided, that where the claimant for a patent is not a resident of or within the land district wherein the vein, lode, ledge or deposit, sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her or its authorized agent, where said agent is conversant with the facts sought to be established by said affidavits.