Page:United States Statutes at Large Volume 18 Part 1.djvu/499

 rms mmrrnn 1=•UBL1c LANDS. -cn. •:. 427 davit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land·office, and shall thereupon be entitled to a patent for the land, in the manner followin : The register of the land-ollice, upon the filin of such application, pdat, iicld—notes, notices, and affidavits, shall pubhsh a notice that such application has been made, for the period of sixty days, in a news aper to be by him_des— ignated as publishe 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 the sixty days of publication, shall tile with the register a certificate of the United States surveyor—genera1 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 furnish an accurate description, to he incorporated in the patent. At the expiration of the sixty days of publication the claimant shall tile his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim durin such period of ublication. If no adverse claim shall have been tiled with the register and) the receiver of the roper land-office at the expiration of the sixty days of publication, it shall) be assumed that the applicant is entitled to a patent, upon the payment to the pro r oflicer of five dollars per acre, and that no adverse claim exists; andxthereafter no objection rom 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. Sec. 2326. Where an adverse claim is filed during the period of publica- AdV¤{‘¤¢ claim, tion, it shall be upon oath of the person or persons making the same, and PY°°°°d“‘g“ °“· shall show the nature, boundaries, and extent of such adverse claim, and 10 May, 1872, c. all pxroceedings, except the publication of notice and making and tiling 15% ¤·7»V- 17»71>-93· of the ailidavit thereof, shal be stayed until the controversy shall haie m5v‘¥gV*  6* °‘ been settled or decided by a court of competent jurisdiction, or the adverse' ’p` ' 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 detemiine the question of the right of possession, and prosecute the same with reasonable dili ence to hnal judgment; and a failure so to do shall be a waiver of his acfverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, wit out giving further notice, file a certified copy of the judgment-rol with the register of the land-office, together with the certiiicate of the surveyor-general that the requisite amount of labor has been expended or improvements made thereon, and the description re uired in other cases, and shall pay to the receiver five dollars per acre forcliis 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 IAnd—Oilice, and a patent shall issue thereon for the claim, or such portion thereof as the gpplicant shall appear, from the decision of the court, to rightly possess. f it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each rty may pay for his portion of the claim, with the proper fees, and fileathe certihcate and description by the suryetyor-general, whereupon the register shall certify the proceedings and ju gment-roll to the Commissioner of the General Land-Office, as 1D the preceding case, and patents shall issue to the several parties according to their respective rights. Nothing herein contained s all be construe toprevent the alienation of the title conveyed by a patent for a miningclaim to any rson whatever. ' Sec. 2327. Tie description of vein or lode claims, upon surveyed lands, pescription of Shall designate the location of the claim with reference to the lines of the V¢¤;l¤1¤:i¤<>¤ Burpublic surveys, but need not conform therewith; but where a patent zged ;;';ds_““““"' shail be issued for claims upon unsurveyed lands, the surveyor-general, ———-; in vxtending the surveys, shall  ust the same to the boundaries of such ,5é°s1l§"g'»,;872bipimznted claim, according to the p at or description thereof, butso as in no 5* j,,;,,; 1,;%, A cast to interfere avith or change the location of any such patented claim. 91,1*. 19, p. 52.