Year: 1872

movements made during each year. On


al claims located prior to the passage OF


this act, ten dollars worth Of labor shall be


performed or improvements made each


year for each one hundred feet IN length


along the vein until a patent shall have


been issued therefor; but where such claims


are held in common such expenditure may


he made upon any one claim; and upon a


failure to comply with these conditions, the
claim or mine upon which such failure Oc-


Cured shall be open to relocation IN
the same manner as II no location OF


the same had never been made provided,
that the original lOcatOrs, their heirs,


assigns, or legal representatives, have not


resumed work upon the claim after such


failure and before such location. Upon


the failure Of any one Of several CO.
owners to contribute his proportion Of the


expenditures required by this act, the CO.


owners who have performed the labor or


made the improvements may, at the eXpiTa-


tivn of the year, give such delinquent co.


owner personal notice in writing or notice


by publication in the newspaper published


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 should fail


or refuse TO contribute his proportion to


comply with this act, his interest in the


claim shall become the property Of his CO.


owners who have made the required eXpen-


dituTes


SEQ 6. That a patent for any land claimed


and located for valuable deposits may be


obtained in the following manner: ANY


person, association, or corporation author


lied to locate a claim under this act, having


claimed and located piece Of land for such


purposes who has, or have, complied with


the terms Of this act, may file III the proper


land Office an application for patent, under


oath, showing such compliance, together


with plat and field notes OF the claim or


claims in common, made by or under the di-


TectiOn Ofthe 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 oGsuch plat, together with


notice Of such application for 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 as afOre-


said, and shall file copy Of Eaid notice


in such land Office, and shall thereupOn


be entitled to patent for said land, in the


manner following: The register of the land


office, upon the filing Of such application,


plat, field notes. notices. and at1idavits,


shall publish a notice that such application


has been made, for the period of sixty days,
in newspaper to be by him designated as
published nearest to said 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 publica-
tOn, shall file with the register certificate
Of the United States surveyor general that
five hundred dOlars' worth of labor has |
been expended or Improvements made upon
the claim by himself or grautOrs; that the |
plat is correct, with such further description !
by such reference To natural objects or per !
manent monuments as shall identify the |
claim, and furnish an accurate description, |
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 said period Of publication. If no |
adverse claim 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 TIE |
applicant is entitled to a patent, upon the |
payment to the proper officer of five dol |
lars 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 this
act.


SEC. 7. That where an adverse claim
shall be filed during the period of publica-
tion, it shall be upon oath Of the person or
persons making tue same, and shall show


the nature, boundaries, and extent of such
adverse claim, and all proceedings, except
the publication of notice and making and


filing Of the affidavit thereof, shall be
stayed until the controversy shall have


been settled or decided by court OF com


petent jurisdiction, or the adverse Claim
waived. 1t shall he the duty Of the adverse
claimant, within thirty days after filing
his claim, to commence proceedings in
court Of competent iuris diction, to deter
mine the question of the right of possession,
and prosecute the same with reasonable
diligence to final judgments and failure
so to do shall be a waiver of his adverse
claim. After such Judgment shall have
been rendered, the party entitled to the
possession OF the claim, or any portion |
thereof, may, without giving further notice,
file a certified copy of the Judgment roll
with the register Of the land office, together
with the certificate of the SURVEYOR general |
that the requisite amount Of labor has been !
expended or Improvements made thereon,
and the description required in other cases,
and shall pay to the receiver five dollars per
acre for his claim, together with the proper
fees, whereUpOu tho whole proceedings |
and the Judgment roll shall be certified by |
the register to the Commissioner of the |
General Land Office, and patent shall is
sue thereon for the claim, or so much there
Of as the applicant shall appear, from the
decision OF the court. to rightly possess. If
il shall appear from the decision of the
court that several parties are entitled to
and different portions Of the claim,
each party may pay for his portion of the
claim, with the proper fees, and file the !
certificate and description BY the surveyor
general, whCreupon tho register shall Ger
,ify the proceedings and Judgment roll to
the COmuGs 7iouer of the General Land
Office, as in the preceding case and patents
shall issue to the several parties according {
TO their respective rights Proof of citizen
ship under this act, or the acts of July
twentysiXth, eighteen hundred and sixty 8
six, and July ninth. eighteen hundred {
and seventy, in the case of an in
1ividual, may consist of his own atii-
1avit thereof, and in case of an aSsO


cIa;:On Of persons UuincOrpoTated, of the {
affidavit of their authorized agent, made on
his own knowledge or upon information and
belief, and in case Of a corporation organ !
zed under the laws of the United States, or L
IF any State or Territory of the United J
States, by the fling of a certified copy Of l
heir charter or certificate of incorporation; s
md nothing herein contained shall be CON .
Itrued to prevent the alienation of the title
by patent for a mining-claim to
my person whatever.
SEC. s. That the description of vein or ;
ode claims, upon surveyed lands, shall J
designate the location of the claim with ! =
eference to the lines of the public surveys, =
Jut need not conform Herewith; but whore :
patent shall be issued as aforesaid for .
,laims upon Unsurveyed lands, the surveyor
general, in extending the surveys, shall ad- y
ust the same to tho boundaries of such =
patented claims, according to the plat or :