Page:United States Statutes at Large Volume 33 Part 1.djvu/783

 696 - FIFIY-EIGHTH ooncasss. sms. III. cn. 45:;. 1905. adverse claim, and all proceedings, except the publication of notice and making and Hlin of the aflidavits thereof, shall be stayed untu the controversy shall Inave been settled or decided by a court of com- P*°°°°<“¤8¤, lt? MP petent jurisdiction or the adverse claim waived. It shall be the duty www of the adverse claimant, within thirty days after filigg his claiim, to commence roceedin in a court of com etent juris iction to etermine the qldestion ogsthe right of (possessiion and prosecute the same with reasonable diligence to final ju gment, and a_ failure so to do shall .],f,°";Q,{" °°PY °* be a waiver of his adverse claim. After such judgment shall have J gmbeen rendered the party emitled to the posgession of thegplaun, or zng rtion thereof ma, wit out givin urt er notice, e a certi `c grgpy of the judgmenyt roll with thelpxgovincial secretary, or such other o cer as by the government of the hilippine Islands may be described as mining recorder, together with the certificate of the chief of the Philip ine insular bureau of public lands that the reepluisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the provincial P°·Y’°°¤*- treasurer or the collector of internal revenue of the province in which phe cilaimlgsituafedhas the glass;) may be, tvyentydiye pesos peg hecltape or isctoge erwi te ro r ees,wereu ntewoe proceedings rind the judgment rod slijll be certified by the provincial secretary, or such other officer as by said government may be described as mining recorder, to the secretary of the interior of I¤°“**¤°° °' P•*°¤*-°· the Philippine Islands, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the deci- °“°'“‘ sion of the court, rightly to possess. The adverse claim may be 'veritied by the oath of any duly authorized agent or attorney in fact of the adverse claimant cognizant of the facts stated; and the adverse claimant, if residing or at the time being beyond the limits of the province wherein the claim is situated, may make oath to the adverse claim before the clerk of any court of record, or any notary public of any province or military de artment of the Philippine Islands, or any other officer authorized to ad)minister oaths where the adverse p£,,°§‘Q°*{°,,§’,{,,°§;`],*‘i,,g'{_l claimant may then be. If it a pears from the decision of the court that several parties are entitled) to separate and different portions of the claim, each party may piaiy for his (portion of the claim, with the proper fees, and file the cert' cate and escription by the chief of the hi ippine insular bplreauipf publip) lalrrds, w ereupon tape psovincigl secretary or suc other officer as y the government o said is an s maly be described as mining recorder shall certify the proceedings and ju gment roll to the secretar * of the interior for the Philippine Is ands, as in the preceding case, and patents shall issue to the several parties ““°· according to their respective rights. If, in any action broucrht pursuant to this section, title to the ground in controversy shad not be established by either arty, the court shall so find, and judgment shall °°““‘ be entered accordingly In such case costs shall not be allowed to either party, and the claimant shall not proceed in the office of the provincial secretary or such other officer as by the government of said islands may be described as mining recorder or be entitled to a patent _ _ for the round in controvers until he shall have perfected his title. of a title conveyed by a patent for a mining claim to any person whatever. °?°°"]‘“° °“"'i°“· “Sec. 53. That eve rson above the a e of twentv-one vears Ytll. 32, . 1, , menace. P M who is a citizen of theTI1iiied States or of thee Philippine Islands, or who has acquired the right of a native of said islands under and by virtue of the treaty of Paris, or any association of persons severally qualitied as above, shall, upon application to the proper rovincial treasurer, have the right to enter any quality of vacant coal) lands of said islands, not otherwise appropriated or reserved by competent
 * m°°°°'°° °f°m°‘ Nothingflierein contained shallybe construed to prevent the alienation