Page:United States Statutes at Large Volume 32 Part 1.djvu/765

 FIFTY-SEVENTH CONGRESS. Sess. I. Ch. 1369. 1902. 699 Sec. 28. That no mineral claim of the full size shall be recorded X‘“*}';‘(§8‘{{0*};;},ff,’j,_ without the application being accompanied by an aiiidavit made by fidsiiiithe applicant or some person on his behalf cognizant of the factsthat the legal notices and posts have been put up; that mineral has been foun in (place on the claim proposed to be recorded; that the ground applic for is unoccupied y any other person. ln the said_ eclaration shall be set out the name of the applicant and the date of ` the location of the claim. The words written on the number one and number two {posts shall be set out in full, and as accurate a description as possible o the position of the claim given with reference to some natural object or permanent monuments. Sec. 29. That no mineral claim which at the date of its record is Fr¤c¤<>¤¤1 claims. known by the locator to be less than a full-sized mineral claim shall be D°°1°mi°°' recorded without the word "fraction" being added to the name of the claim, and the application being accompanied by an affidavit or solemn declaration made by the ap licant or some rson on his behalf cognizant of the facts: That the legal posts andw notices have ` been put up; that mineral has been found in lace on the fractional claim proposed to be recorded; that the ground) applied for is unoccupied by any other person. In the said declaration shall be set out the name of the applicant and the date of the location of the claim. The D·>¤¢¤P¤¤¤- words written on the posts numbered one and two shall be set out in full, and as accurate a descri tion as possible of the position of the claim given. A sketch plan shall be drawn by the applicant on the back S"°*°h Pmof the declaration, showing as near as may be the position of the adjoining mineral claims and the shape and size, expressed in feet, of the claim or fraction desired to be recorded: Provided, That the gmk, Mmmm_ failure on the part of the locator of a mineral claim to comply with pimms with regainany of the foregoing provisions of this section shall not be deemed to °i°“"‘ invalidate such location, if upon the facts it shall appear that such locator has actually discovered mineral in place on said location, and that there has been on his art a bona fide attempt to comply with the rovisions of this Act, and) that the nonobservance of the formalities hereinbefore referred to is not of a character calculated to mislead other persons desiring to locate claims in the vicinity. _ Sec. 30. That in cases where, from the nature or shape of the ground, ,,O’f,;‘P°“‘° "°”’°’°°‘ it is impossible to mark the location line of the claim as provided by this Act then the claim may be marked by lacing posts as nearly as possible to the location line, and noting the distance and direction such posts may be from such location line, which distance and direction shall be set out in the record of the claim. R nu I Sec. 31. That every person locatinga mineral claim shall record the °°° n" am"' same with the provincial secretary or such other officer as by the government of the Philippine Islands may be described as minin recorder of the district within which the same is situate, within thirty da s after the location thereof. Such record shall be made in a book to be kept for the purpose in the  of the said (provincial secretary or such other officer as by said overnment escribed as mining recorder, in which shall be inserted the name of the claim, the name of each locator, the locality of the mine, the direction of the location line, the length in feet, the date of location, and the date of the record. A claim which shall not have been recorded within the prescribed period shall be deemed to have been abandoned. p Sec. 32. That in case of any dispute as to the location of a mineral D'°¤’“‘°°· claim the title to the claim shall be recognized according to the priority of such location, subject to any tpuestion as to the validity of the record itself and subject to the ho der having complied with all the terms and conditions of this Act. _ _ Sec. 33. That no holder shall be entitled to hold in his, its, or their mm"-