Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-12-19

of October. In case the first day of Oc-
tdber falls on Sunday or any holiday the
following secular day shall be construed
as the first day of October within the
meaning of this act. When the labor re-
quired by this act shall have been per-
formed or the improvements made an
| affidavit may be filed within thirty days
after the time limited for performing
such labor or making such improvements
with the recorder of deeds of the county
in which the claim or mine is situated,
particularly describing the labor per-
formed and improvements made. and
the value thereof. which affidavit shall
be prina facie evidence of the facts there
in stated. And upon a failure TO comply
with the conditions of this act in the
performance of labor or making of inn
provements, The claim or mine upon which
such failure occurred shall be open to re-
location in the same manne as If no Local
ton of the same had ever been made:
Provided, That the original locators. their
heirs, assigns, or legal representatives., do
not resume work upon the claim after
such failure and before such relocation,
and continue the same With reasonable
diligence until the required amount OF Ia
Dor shall have been performed or I'M
proyements ma6e; but no relocation of
a claim by a person who has already To-
Gated such claim and failed to comply
with the conditions Of this act in per-
~ AZ avian VI IA ~ Ill ~
shall be valid prior to such resumption
and continuance of work upon such claim.
Upon the failure OF any one OF several CO.
, owners to contribute his proportion of
the expenditures required hereby the CO.
owners who have performed the labor or
made the Improvement may, at the eX-
piration Of the year, give such delinquent
personal notice in writing or no
tice by publication in the newspaper pub
lished nearest the claim, for at least once
a week for ninety days, and If at
the expiration of ninety days after such
notice in writing or by publication such
delinquent shall fail or refuse to contrib
ute his proportion of the expenditure
required by this section, his interest in
the claim shall become the property of his
who la made the required
expenditures. A copy of such notice,
together with an affidavit showing per-
sonal service or publication, as the case
may be, Of such notice, when filed and re-
corded with the recorder of deeds of the
county in which such mining claim is
situated. shall be evidence of the acqui-
sition Of title of such Where
a person or company has or may run a
tunnel for the purpose and with the in
tent in good faith Of developing a lode or
lodes owned by said person or company,
the money so expended in running said
tunnel shall be taken and considered as
expended on said lode or lodes: Provided.
u lucl, ludl SdlO lOut Chilli OF cIdlIllS
shall be distinctly marked on the sur
face, as provided in this act"
Sec. 2. That section twenty-three
hundred and twenty-five of the revised
statutes be SO amended as to read:
Sec. 2325. A patent for a land
claimed and located for valuable deposits
may be obtained in the following man.
ner: Any person, association, or COR
poration authorized to locate a claim un-
der this chapter. having claimed and To-
Gated a piece of land for such purposes,
who has, or awe 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 distinct" marked by
on the ground, and shall post a COPY of
such plat, together with a notice of such
application for a patent, in a conspicu-
GUS place on the lane embraced in such
plat previous to the filing of the appli-
cation for a patent, and shall file an
affidavit of at least one person that such
plat and notice ave been duly posted,
and shall also file a copy of the notice in
such land office, and shall thereupon be
entitled to a patent for the Ian in the
manner following: The register of the
land office. upon the filing of such appli-
cation, plat. field notes, notices, and aft
dayits, 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 sixty days of publication, shall
file with the register a certificate of the
United States surveyor-general that five
hundred 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 Iurnis an accur-
ate description, to be Incorporated in the
plat. 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 con-
spicuous place on the claim during such
period of publication. If no adverse
claim shall have been filed With the reg
lister and receiver of the proper land office
at the expiration of the sixty days pub |
LEGATION it shall be assumed that the APP
plicant is entitled to a patent, and that
no adverse claim exists, and upon the
payment to the proper officer of five dol
lars per acre ne shall receive a certifi-
cate of entry; and thereafter no objec-
ton 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.
But no more than three thousand feet
in length along the vein on claims locat-
ed prior to the tenth day of May, eighteen
hundred and seventy-tWo, and not more
the extent of one thousand five hun
dred feet in length by six hundred feet in
width located after said date, shall be in
Guided in the same application for a
patent, and not more than forty acres
of placer or petroleum ground shall be
in the same application for a