Page:United States Statutes at Large Volume 32 Part 1.djvu/767

 FIFTYSEVENTH CONGRESS. Sess. I. Ch. 1369. 1902. 701 the Bling of the application for a patent, and shall Ble an aliidavit of _ at least two person; that such notice has been duly posted, and shall tile a copy of the notice in such office, and shall thereupon be entitled to a patent for the land. in the manner following: The provincial sec- Publication by minretary, or such other officer as by the Philippine government may be mg '°°°rd°" described as mining recorder, upon the Bling of such application, lat, Beld notes, notices, and ailidavits, shall publish a notice that such an application has been made, once a weekfor the period of sixty days in a newspaper to be by him desi nated as nearest to such claim and - in two newspapers published at l€lanila, one in the English langua e and one in the Spanish language, to be designated by the chief of the Philippine insular bureau of public lands; and he shall also post suchnotice in his office for the same period. The claimant at the time of e,f"*“¥ °* °‘“d°"**~ Bling this application, or at any time thereafter within the sixty days of ` pub ieation, shall file with the provincial secretary or such other officcr as by the Phili pine government may be described as mining recorder a certificate of) the chief of the-Philippine insular bureau of ublic lands that Bve hundred dollarsZ.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 objlects or permanent monuments as shall identify the claim, and furnis an accurate description to be incorporated in the patent. At the expiration of the sixty days of gublication the claimant shall ,,°f,“g•§',‘j,_f,§,cg'{,§°,,‘QP,';,;“ Ble his aflidavit, showing that the plat an notice have been posted in a conspicuous place on the claim durin such riod of publication. If no adverse claim shall have been Bled with th; provincial secretary or such other officer as by the government of said islands may be described as minin recorder 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 provincial treasurer or the collector of internal revenue of five dollars per acre and that no adverse claim exists, and thereafter no objection from third rties to the issuance of a patent shall be heard, except it be shown £.t the applicant has failed to comply with the terms of this Act: Provided, That where the claimant §f,‘{,'fi,f‘§,;,d,,¤,,_ for a patent is not a resident of or within the province wherein the land containing the vein, ledge, or de sit sou ht to be patented is located, the application for patent andxthe atlidavits required to be made in this section by the claimant for such patent may be made b his, her, or its authorized agent where said agent is conversant with the facts sovtigxht to be established by said aflidavits. Sec. 38. at applicants for mineral patents, if residing beyond the ,,,3},2};, §',f,;g,§{,,'§“' limits of the province or militaily department wherein the claim is situated, may make the oath or ath avit required for proof of citizenship before the clerk of any court of record, or before any notary public of an v province of the Philippine Islands, or any other officia in said islands authorized by law to administer oaths. Sec. 39. That where an adverse claim is filed during the period of ’*d'°”° °l°*’°·’· 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 tiling of the affidavits thereof, shall be stayed until the controversy sha have been settled or decided by a court of competent jurisdiction or the adverse claim waived. It s all be the duty of the ,.B ,Q_" °d' adverse claimant, within thirty days after Bling his claim, to commence proceedings in a court of competent jurisdiction to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment. and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered the ,ug°g‘£§§€ °°p" °’ party entitled to the ssession of the claim. or any portion thereof, _ may, without giving fllither notice, tile a certilied copy of the judg-