Year: 1872



 upon the payment to the proper officer of five dollars per acre, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of @ patent shall be heard, except 1t be shown that the applicant has failed to comply with this Act. Sec. :. That where an adverse claim shall be filed during the period of publication, it shall be upon oath of the person or persons making the 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 a Court of competent jurisdiction, or the adverse claim waived It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a Court of competent | jurisdiction, to determine the question of the right Of possession, and prose- cute the same with reasonable dili- gence to final judgment; and fail ure so to do shall be waiver of his adverse claim. After such judgment shall have been rendered, the party en- titled to the possession of the claim, or any portion thereof, may, without giv- ing further notice, file certified copy of the judgment roll with the Regis ter 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 eases, and shall pay to the Receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the Register to the Commissioner of the General Land Office, and patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of .he Court, to rightly possess. If 1t shall appear from the decision of the Court that several parties are entitled to separate 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 de- scription by the Surveyor 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 shall issue to the several parties according to their respective rights. Proof of citizenship under this Act, or the Acts of July 26, 1866, and July 9, 1870 in the case of an indiyid- ual, may consist of his own affidavit thereof, and in ease of an association of persons unincorporated, of the affi- davit of their authorized agent, made on his own knowledge or upon infor- nation and belief, and i'll case of @ corporation organized under the laws of the United States, or of any State or Territory of the United States, by the filing of a certified copy of their charter or certificate of incorporation and nothing herein contained shall be construed to prevent the alienation of the title conveyed by patent for mining claim to any person whatever

 Sec. s. That the description of vein 1 or lode claims, upon surveyed lands, shall designate the location of the claim with reference to the lines of the | public surveys, but need not conform l herewith; but where patent shall be | issued as aforesaid for claims upon un- surveyed lands, the Surveyor General, | in extending the surveys, shall adjust the same to the boundaries of such patented claim according to the plat or description thereof, but SC as in no case to interfere with or change the location of any such patented claim.

 Sec. 9. ThatSections ?, 3, I, and of an Act entitled " An Act granting the right of way to ditch and canal owners over the public lands, and for other purposes" approved July 26, 1866, are hereby repealed, but such re- peal shall not affect existing rights. for patents for mining claims now pending may be prose- cuted to final decision in the General Land Office but in such cases where adverse rights are not affected thereby, patents may issue in pursuance of the provisions of this Act; and all patents for mining claims heretofore issued .,.I1- Llo ok oc T,1--a ac 1OGe skill