Page:United States Statutes at Large Volume 44 Part 1.djvu/1606

 §·402 TITLE {8.--·TERRITOR1E8. said dump or mass. of mlneral=hearing'sands, gravels, earth, or rock, or gold and gold dust, or other minerals. (June 25, _ 1910, c. 422,#§ 7, 36 Stat,850.) _ [ _ _ 482. Joinder of plaintifs; consolidation of actions; waiver of lien.--Any number. ot persons claiming 'liens under sections 395 to 405 ot this title ma! Nin in the same action, and when separate actions are commenced the court {may consolidate then:. The court shall also allow, as a part of the costs, the moneys Qpaid for illing, recording, and indexing the notice of lien, the sum of $5 for drawing the same, and a reasonable att0rney’s fee for each persosn claiming a 1ie¤,.n0t to exceed 10 per centum of the amount of the lien established on judgment. Any contract 01‘_&g1‘€QIIl€l3t_` or any waiver otani kind made or signed by_ any miner or laboreri whereby it is sought to waive or abandon his right to tile a lien under sections 395 to 405.015 this title, or any agreement for an extended time M paye ment -whereby the same end is sought, shall to that EQTZGILC be null and void as against ·publie»p0l1cy. (June .25, 1910, c.422,§8,36Stat.·850.) q · s_ ( j _»§ o 403. Judgment for  claimants; eniyment.-Q-·In fthe `action provided for in sections 395 to 405- 0 this title judgment must be rendered In favor or each person having. a 1aborer¥s-11en" for the amount due ’ him, and the court shall order the dump or _ mass Pot mlnerabbmrlng sands, gravels, earth, or rock; and' the, gold and gold dust, and other minerals therein subject   the lien to be. sold by the marshal in the same manner that personal p'roperty"is sold on execution; or the court may, upon ‘a show- ·,; ing that 'it isnecewy to do so to preserve the property from loss or nvéaste, by order require the marshal t0_ wash up or extract the sold and gold dust'_0r other mlneral from! the said mineral-bearing sands; gravela, earth, or rock ;' or the court may; by order; allow thedefenclant or defendants or any party igterested to` wash up and .extraet the said mineral, in the presence of the marshal or deputy marshal or special omcer, who shall take the gold or Qgold dust or other minerals as lt is washed up and extracted. and return the umelntol court, and it sna11_oé immediately paid out as follows: First, the cost ot cleaning up or eirtracting the,go1d or gold dust or other minerals the judgment or judgments so rendered ln favor of the llen `clalmants shall be paid; and if there is not sumlent gold or gold dust, or other minerals, or sumcient moneys obtained from the sale of the property to pay allaelalma in tull, the court shall apportion the proceeds to the payment of such judgmentsjipro rata.· No part or any··su§ch proceeds shall be paid upon any claim or judgment to any person who did not actually perform ~ labor in. producing the damp or the proeems thereof until all such pteferred claims are paid ln full. (June 25,, 1910, e. 422, .§9,36Stat. 850.);  v l W ·,. · ~ 404. Appeal from justleew-·An appeal may be taken 1'rom a nnal judgment ot ~a justice got the peace in actions instituted under sections 395to 405 ot this title to the district pourt, in the manner provided in c11apter*97`o£ the Code of Civil Procedure _ in force ln Alaska on June 25, 1910, and upon such appml being perfected the dump or mass of xnlnorabbearlng sands, gravela, earth and rock,. gold and gold dust, or other minerals shall be washed up by the marshal or any party mentioned in section 403 ot this title as the dmfi'·l"ét_cour t may direct, and all the gold or gold dust or other mineral so washed up shall be paid into the regig_try·of the district eourt thereto avralt the anal judgment on appeal: Wovided, That the gold or gold dest or J other rnlaeral in excess of the amount ot the Judment, lneludlng an additional amount equal to the probable accruing coats on appeal and two·years"1nterest at the legal rate,`aha11 after the expiration of ninety days from the time it was paid lntotbe - registry ot the district court, he released to the owners upon a showing that no liens have been illed against it. `The de· ,» `iendant or defendants, or any one or more `et thorn, mayQde—
 * " shall be 'pald.; second, the court costs shall be paid; and, `third,

AND INSULAR POSSESBIONS I ‘ 2 Q 1592 I ` posit cash in lieu ot the gold or gold dust on the dump, which shall remain in the custody of the law until the anal judgment, and shall then be applied in payment of the jndgmmt or judginents rendered on each lien claims, and` coats, and interest; {June 25, 1910,. c. 4Q, 5 10, 38 Stat, 851.) ° ° _ 405; Buying, removing, etc.; · minerals with notice of lien; .· criminal liability.--A11? person br persons who Qall, atter the copy qtjthe notice ot lien is posted upon any dump or mass or mineral-bearing sands, gravelsf earth or»1·0ck,,g0ld and gold dust, or other mineral, as provided in sections lwh to 405 ot W this title, and with knowledge of each notice ot lien, buy, pm-! chase, wash up, remote, destroy, or carry away all nr any. parte tor pqrtion 0t_ the same, or the gold or gold dna therein, or who _ shall render. it dtmqult,  0I iinpoaeible to identity the gold or gold dust·0r_.othei· mineral obtaim therefrom, shall be y liable to the lien holder {or the tn1l ameunt ot his jud and costs; andany person who shall take and carry away all or any part. or portion ot said dump et mimrabbarlng sands, gwavels, _ earth or rock, or the gold ar gold duet eg other minerals therefrom, after the same ahall come an the custody ét ‘ a the- onicer, shall be guilty at a crime  be pnnl& as star the larceny ot a like mmmcpma any dktriht attarney in l Alaska is specially required to `lmmediately cause an warrant tb » be issued for the arrest of any such person ar. persons and as ~ prosecute them according to law. (June 25, 1910, cl 4&, { 11, as sm. sm.; ‘ " ‘ · J ‘ ' · Rxenrs or WAY Ovna Pusuc Lawns ‘ 111. Railroad, rights of way; reservations} nesting of rates.-·——The right of way thmm the lands or the United a States in- Alaska is granted tq any   company, duly organined 'under the laws at any amen or Territory or by the h ~C0¤5‘reas of the United States, which may hereafter hle tor - record with the Seeretafr ot   Interim; at copy ot its articles » of lncorporation, and due proofs at its` organization unda the name, to the extent ot . bne hnndred feet on each aide at the center line ot said read; alan thecright to take   the lands n ot the United States adjacent to the line ot   road, material. t earth, athne, and timber necessary fe: the construction at midd railroad; also the right to` take tar railroad nsaa, snbject at the . shape, aide tracks,‘tua·n-outs, water stations, and terminals, and · other le§tixnate railroad purp& net to exceed in amount l twenty acres for each station, to the extent ex cne.styatienaie1· t each ten tnllw ot its road, enceptlng at terminals and janction a points, which may include additional terty acm to be limited y_ on navigable waters to eighty rods an the shore lim. and with the right in use such additional ground ea mn in the onlnion of the Secretary efthe Interior he  where there , are heavy cnt: or Ella;  That nothing herein centalned ¤ éhall be so construed as te give- to each mllmad mmpany. its » lessees, grantees, ar  the ownership aroma ot, mlneralat r including coal, within the llmltn ck its fizht at way, ar at the , lands hereby §ranted‘: Prevtéad farther, That all mlnlng encru- » tionn prqaecnted- or undertaken within the limits at meh right .. of way or of the lands hereby grant@ shall under rules and » regulations fe be prescribed by the _Se•;reta1ry ot the Intericr, . . been conducted aa not to 'lnjnne er interfere with the pmperty , m.· aperatiena at the read ever lu said lands or riiht otway. · And when auch 1 railway ahall eannect with any navigable ° · stream or ptide water snub company shall have power to can- = struct and maintain necessary plan and wharvea ter connection » retary of the Treasury: Preeided, That nothing in sections 411. . te 419, 421, me and 461 to 465 at this title eentalned shall be · construed aa lmpalrlng at any degree the title of any State that ·· · {may hawaftem b8,&l.’B¢téd_ ent 0£`tha_'Iferrit0ry otalaaka, or any
 * rmeivation of all minerals and eval therein, publk: lands adjacent to said right of way for station buildings, clepcts, machine
 * with water transportation, enhjeet to the supervision of the Sec- ‘