The record-union., 1897-05-07


er office without acknowledgment or
certificate of acknowledgment, or other
proof shall have the same force and ef-
feet for all purposes as if the same had
been duly acknowledged or proved and
certified as required by law. Affidavlts
showing work or posting of notices
upon mining claims may also be record
ed in the Recorders office of the coun-
ty where such mining claims are stu
ated
EXECUTION OF TRUSTS.
Section 10 of an Act entitled an Act
entitled An Act to authorize and dl-
rect the county Judges of the several
counties OF this State to execute GER
tain trusts in relation to the town lands
granted to the unincorporated towns IN
this State by the Act of Congress enu-
tied An Act for the relief of the in
habitants of cities and towns upon the
public lands, approved March 2, 1867,
approved March 80, 1868, is hereby
amended so as to read as follows:
Section 10. If within six months after
the giving of the public notice that the
plat of any townsite has been filed in
the Recorders office as provided IN
Section Il of this Act, there shall re-
main any unoccupied or vacant un-
claimed lands or lands not previously
surveyed into town lots under the pro-
visions Of this Act, and any person has
hitherto or shall hereafter discover gold
in any portion tereof in quantities
which he may deem sufficient to justify
the profitable working thereof (his
judgment thereon to be conclusive), and
has located and held the same bona
fide for mining purposes, such mining
possession shall constitute him a pre-
ferred purchaser thereof, from the
Judge of the Superior Court, according
to the metes and bounds of his location
thereof, within the meaning of this Act,
and he may apply to the Judge of the
Superior Court for deed thereto, which
application he shall accompany with a
deposit TO be held by such Judge in an
amount to be estimated by him suffi-
Gent to pay the expenses of a survey
and the plating thereof as herein pro-
vided for
The said Superior Judge shall there
upon cause survey and plats to be
made of such mining possession, and
shall cause such platS and copy of the
field notes of such survey to be filed in
the Recorders Office of the county in
which such town is situated in the man
ner provided in Section of this Act,
and such filing shall have the effect
therein provided. but the provisions of
Section of this Act shall not apply to
any survey made under the provisions
of this section.
After the filing of such plats and such
copy of field notes, said Judge shall sell
the said land so embraced within such
mining possession to the bona fide pos
SCISSOR thereof at price equal TO 81 %
per acre or fraction of an acre
thereof and the expenses of
the surveying and plating there
Of and in case two or more claim
ants apply for the same tract or parcel
of the same tract, said Judge shall de-
termine who is entitled thereto, and
shall sell the same to the party so en-
titled.
If any person has hitherto or shall
hereafter occupy any portion of such
unsurveyed lands, and shall, in good
faith, make improvements thereon for
any purpose other than mining. he shall
have to the extent of his possession
thereof the same rights and privileges
hereunder as such possessor for mining
purposes.
And any person not in possession
may, at any time, apply to such Supe-
rior Judge for a survey into lots and
plating of any such unoccupied or var
cant unclaimed lands, or lands not pre-
viously surveyed into town lots under
the provisions of this Act and upon his
depositing with such Judge an amount
TO be estimated by him as sufficient to
defray the expenses thereof, said Judge
may, at his discretion, cause any por-
ton Of such lands to be laid out and
surveyed under his supervision into
suitable tract or lot, or into suitable
blocks and lots, as such Judge shall de-
termine, and shall reserve such por-
tions as shall be deemed necessary for
public squares and schoolhouse lots,
and shall cause all necessary roads,
streets, lanes and alleys to be laid out
through the same and dedicated to pub
lie use, and the said Judge shall upon
such survey being completed proceed
in the manner provided in Section 3
of this Act to have plats made thereof
in duplicate, and such plats and a copy
OF the field notes of such survey filed
and disposed of as in said Section 3
provided for, and with like effect as
therein given to the original plats and
field notes of the survey of such town
site. and the said Judge shall sell the
same in suitable parcels to the appli-
cant for such survey, or to other par
ties at the price herenbefore stated,
and in case two or more parties apply
for the same tract or parcel of the same
tract he shall sell the same at pub
lie auction to the highest bid
der upon ten days notice given
by posting three notices of such
sale in public places in such town, but
no bid for less than the minimum price
herein stated shall be received at such
sale
If no sale is made, said Judge may, in
his discretion offer such land for sale
in the same manner at any future time.
Said Judge shall execute to any pur-
chaser, under the provision of this Sec
ton. all necessary deeds of conveyance,
and such deeds shall be prima facie evil
dence Of the truthfulness of all recit
ais therein contained
Any surplus left of the deposit, in
this section provided to be made shall
be returned TO the depositor thereof,
after proceedings hereunder are COM
pleted.
DETERMINING A CONTROVERSY