Weekly Trinity journal., 1877-03-10

whenever mining claims shall have been
located and held bona fide for mining
purposes, prior to the passage of this Act,
and whore the same shall be prior in To-
cation to the claim of any occupant for
other purposes, such mining rights, ac-
cording to the metes and bounds so loca-
ted and claimed, shall not in any manner
be affected by the provisions OF this Act ;
nor shall any sale be made, nor any title
be conveyed by reason Of any sale or
pretended sale of such lands so claimed
for mining purposes, until after the oc-
cupancy Of such mining claims shall have
been abandoned by the holders thereof.
SEC. IL. In all cases Of adverse claims ,
or disputes arising out Of conflicting
claims to lands or boundary lines, the
adverse claimants may submit the de
cision thereof to the County Judge by an
agreement in writing, specifying partlcu-
larry the subject matter in dispute, and
may agree that his decision shall be final
in which case ;he said Judge shall hear
the proofs, and shall execute deed in
accordance Herewith but in all other
cases OF adverse claim the party out Of
possession shall commence his action in
n Court of competent Jurisdiction within
six months after the fling Of the town
plat in the office Of the County Recorder
In case such action be commenced, the
plaintiff shall serve notice lis penIcns
upon the County Judge, who shall there
upon stay all proceedings in the matter of
granting any certificate or deed until the
| final decisions Of such suit and upon
presentation of certified copy of the
final decree Of such Court in such action,
tho County Judge shall execute and de-
liver II deed of sdch premises in accord
ance with the decree. In case no such
action be commenced within the time
herein prescribed the County Judge shall
deliver his deed to the party IN possession,
as provided in section ten OF this Act.
SEC. II. The County Judge shall
give public notice by advertisement for
four weeks IN some newspaper published
| in the county, if one there be, and if there
be no newspaper published in said coun-
ty then by not less than five written or
printed notices posted within the limits
Of such town site, that the plat thereof
has been filed in the Recorders Office
And If any person, company, association
or other claimant of lands in such town
shall fail, neglect or refuse to make ap-
plication to the said County Judge for Il
deed of conveyance Of the lands so claim
td, anu W puJ InC SuulS Vi lllOncJ SptCl-
fled in this Act, within six months after
the filing Of said plat, the County Judge
shall enter on his book the names of all
such persons, with description of the
property or premises, and shall certify
the same as delinquent tor the amount of
assessments certified to by such Judge as
due under section SIX of this Act ; and at
the expiration Of thirty days after max
ing such entries, il such application be
not made and such Assessments be not
paid, the said Judge shall proceed to ad
vertise all such lots and parcels of land
or sale In the same manner as real es-
ate is required to be advertised under ex
ccution.
SEC. 13. AT the time Of sale mention
ed in said advertisement said Judge shall
proceed to sell all such parcels OF land so
remaining delinquent, by public auction,
to the highest bidder for cash, at some
public place within the limits of said
town site F.; and he shall give to the pur-
chaser at such sale certificate of his pur-
chase, setting forth therein the descrip-
tion of the premises sold, the amount
paid, and that the same is subject to re-
demption, as prescribed in the next sec
tlon prOUidcR, that no sale shall be
made for less than the whole amount of
Assessments and the costs OF masking the
sale, which costs shall be divided pro Ia
Ia among the several parcels offered Tor
sale.