Year: 1872

|


ton of ninety days after such notice in writ
ing or by publication, such delinquent should
fail or refuse to contribute his proportion to
this Act, his interest in the claim shall be-
come the property Of his coowners who have
made the required expenditures.


Sec. 6. That a patent for any land claimed
and located for valuable deposits may be
obtained in the follhwing manner: any per-
son, association or corporation authorized to
locate claim under this Act, having claimed
and located "a piece of land for such purposes,
who has, or have, complied with the terms
of this Act, may file in the proper Land Of
flee an application for 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, show
ing accurately the boundaries of the claim or
claims, which shall be distinctly marked by
monuments on the ground, and shall post a
copy of such plat, together with notice Of
sucy application for patent, III a conspcu
Gus 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 aforesaid, and shall file a copy of
said 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, feld-notes, notices and afi-
davits, shall publish notice that such appli-
cation has been made, for the period of sixty
days, ina 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 eyor-General that
$500 worth of labor has been expended or
improvements ma de upon the claim by him
self 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 furnish an accu-
rate description, to be incorporated in the
patent AT the expiration of the sixty days
of publication the claimant shall file his afli-
davit, showing that the plat and notice have
been posted in conspicuous place on the
claim during said period of publicatio ton. If
no adverse claim shall have been filed with
the Register and Receiver of theproper Land
Office at the expiration of the sixty days of
publication, it shall be assumed that the ap-
plicant is entitled to the patent, upon the pay
ment 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 ex-
cept it be shown that the applicant had failed
to comply with this Act


Sec. I. 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 Court
of competent jurisdiction, or the adverse
claim waived. 1t shall be the duty of the
adverse claimant, within thirty days after
filing his claim, to commence proceedings in
a Court or competent jurisdiction, to deter
mine the question of the right of possession,
and prosecute the same with reasonable
diligence to final Judgment; and failure to
do so shall be a waiver of his adverse claim


After such judgment shall have been rem
dered, the party entitled to the 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 certificate of
the Surveyor-General. that the requisite
amount of labor has been expended, or i'm
provements made thereon, and the descrp-
ton required in other cases, and shall pay
to the Receiver five dollars per acre for his
claim, together with the proper fees. where
upon the whole proceedings and the judgment
roll shall be certified by tee 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 the Conrt, to
rghtfully possess. If it shall appear from
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 description 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 issue to the several parties according
to their respective rights. Proofs of citizen
ship under this Act, or the Acts of July
Goth, 1866, and July 9th, 1870, in the case
of an individual, may consist of his own affi-
davit thereof, and in case of an association
of persons unincorporated, of the affidavit of
their authorized agent, made on his own
knowledge Or upon information and belief,
or in case of a 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 cory of their charter
or certificate of Incorporation; and nothing
herein contained shall be construed to pre-
vent alienation of the title conveyed by
patent for a mining claim to any person