The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-01-16

entrance outside the exfn nor boHHuarses
thereof, work IN such tu. Mel u the extent
herein provided shall be deemed 10 haee
been done on such claim Where twoer
moro claims adjoin each other and the ST. 10
persous own IN common the whole of 81 ich
claims, or undivided interests in eac Of
them. work done on any one claim by such
persons, having reference TO the de- 'elop-
ment of them all, shall DO taken AZ work
done upon them all, provided uch an
amount of work In the aggregate shall be
done as is required herein to old each
claim. Upon failure to perform the work
herein reqaired, the claim upon which the
failure occurs shall be open to relocation.
9th. The following are the suggestions
in regard to adverse claims afte application
for patent: Where an adverse claim Is filed
during the period Of publicI ton, 1t shall
be UPON oath of the person { ,r persons ma
king the same, or his, their or its duly au-
thorized agent, and shall 81 .ow the nature,
boundaries and extent of such adverse
claim, and all proceeding =, except the pub
LEGATION Of notice and ms king and filing Of
the affidavit thereof, s'Iall be stayed until
the controversy shall hi we been settled or
decided by court Of competent jurisdic-
ton or the adverse cls i'm waived. 1t shall
be the duty Of the ad verse claimant, with
in thirty days after ding his claim, TO COM
mence proceedings III q court Of competent
jurisdiction to determine the question as
against said applicant for patent Of the
right of possession and prosecute the same
with reasonable diligence to final judg-
ment, and failure to do so shall be a
waiver Of his adverse claim. After such
Judgment shall have been rendered, the
party entitled to che possession of the
claim, or any portion thereof, may, with
out giving further notice, file certified
COPY of the Judgment roll with the register
of the land office, together with the certif-
cate of the Surveyor-General that the re-
quisite amount of labor has been expended
ca improvements made thereon, and the
description required in other cases, and
shall pay to the receiver Ave dollars per
acre for his claim, together with the prop
or fees, whereupon the whole proceedings
and the Judgment roll shall be certified by
the register to the Commissioner of the
General Land Office, and a patent shall Is
sue thereon for the claim or such portion
thereof as the applicant shall appear from
the decision of the court to rightly possefs.
If 1t appears from the decision of the
court that several parties are entitled to
separate and different portions OF the
claim, each party may paw for his portion
of the claim with the proper fees and file
the certificate aud description by the Sur
veyor-General, whereupon the register
shall certify the proceedings and judgment
roll to the Commissioner of the General
Land Office, as in the preceding case, and
patents shall issue to the several parties ac-
cording to their respective rights.
9th. The location, manner Of recording
aud amount of work necessary to hold pos
session Of placer mining claim, except on
veins or lodes having dip or inclination
of 200 or less as heretofore provided, shall
be governed by the local customs, usages
and regulations az established and in force
In the mining district embracing such
claim, not in conflict with the laws OF the
United States or the laws Of the State or
Territory in which the district Is situated.
And all placer claims of any description
whatever shall DO subject to entry and pat
en- under like circumstances, as far as
practicable, as are provided for vein or lode
claims, except that the plat need not be
posted at the place OF discovery /; but
where the lands have been previously sur
veyed by the United States the entry in its
exterior limits shall conform TO the legal
subdivision If the public lands.
10th Where the owner or owners OF q
mining claim and his or their grantors have
held and worked his or their claim for
period Of two years, evidence of such pos
session and working of such claim for such
period shall be sufficient to establish bis
right to patent thereto in the absence Of
any adverse claim but nothing in this
chapter shall be deemed to impair any lien
which may have attached 10 any way
whatever to any lode or placer claim or
property thereto attached, prior to the issu-
ance Of patent,
The proposed amendments, the most i'm
portant of which we have given, are 10 the
form of regular bill. We have no doubt
some Of the suggestions Of the amendment
will be adopted into law.