Page:United States Statutes at Large Volume 44 Part 1.djvu/969

 ‘ 935 TITLE 3@.>——MlNERAI{· the aurfacejof a claim owned or  by another. (R. §. ‘ 27. Mil\i¤X` t¤B§¢l$$ fight M` · ·,   of ycina on line with; nhaadunmeint of right.-iwheyre a ·t\lBl101_l8 run for — the .4;»»·o1`opme¤t of a_ veindj or lm, or for the discovery- of mines, me owiacrs of sud; tmmél shall have the right `of/possession · of all veins o1·_ lodes within ihpee th0l1$hIld*`fE9tQfl'0m the face ui such tunnel on the line thereof, -¤ot»·p1‘eviously known to (exist, discovered fa sach_ tuxmel, to the same extenb as if dis; a ,·.;y;·;·@ from the sufface; and lomtious oa the line of such 4 mouel of veins. or lodes notappéariug on the surface, made _ 4.; oyllef parties, after the commencement of the tunnel, and while the ·S¤me‘1a being [)!OS€C'|1fEd__ with reasonable diligence, Shan; lbe Qinvalid ;_ bui;‘·_fail1u·e —to prosecute the Wfo1'k‘0I1_thé_ `wanel fof sit months shall be considered as an abandonment a of xlge right to all undiscovered veins on theiline of such tuny_ ul-1, (R;.S.§2323,) "  v, 1  28; Mining éstrict regulations by miners; annual labor on claims gdb; issue of patent; expenditure ou' tunnels con-; ‘  miners of eaclf mining district may make regu- - lotions not in condict with the laws of the United‘State§`, or" with the laws] of- the State or Territory in which the district i»_ situated, governing che iocatioxi, 'mauuer of recording, amount of work inecessary to hold possession of a mining claim, auhject `to_ flac following iequirementgs: Tile location _ must `be__ diszioctli marked 011;-UB ground so that its bougldaries can be readily traced. / All néeords of mining claims iuade after` May 10, }:s72,‘shall contain the -¤ame_or names of the locators, the date of the location. and such a description of the claim, or claims located by reference Lo-some natural object or permanent: mo¤u·· _ mea; '· ll_i¢leu@ify`tl1e claim. On each cl/ain; located after _. me 1, 1872,,and until a patent has beealssuedshorefor, not less .thsm_-$100 worth of labor shall be performed or improvements II1&(l€'dDl'iHg each year, OH all c:lai;1is· located pfior to the wth day of May, 1872, $10 worth of labo1·»»_sl1all.be r peqgmed r improvements made each yeaff for each loue mm ed {Q2: leugtlraloxaé the vein uutll.a_pateut has been leaned! there or :..1:1;; where such claims are held ia common, »u<·ln`ex¤;>e;:dlt ure may bezmade upo*u_·ax;y one claim; and upou a` failure to comply with these conditions, the claim -0r. mine upon which such faihixje occurred shall be open to relocation in the same manner as __if» no location of the same had ever l»eeu`ximde, provlded·tl1at_;tl1e original loeators, tlnelr`l1e{rs,_ assigns, or legal repa·ese11tati€es,_liave not resumed work upon '_ the claim `after failure and before such location, Upon the failure of any one of sefreral coowuera to contr.ibut_e` his proportion of the expenditures required hereby, the coowuers who have performed the labor ’or made the lmproveuients, may, at , the ex£:atio¤,of the year, give such delinquent ‘c00wue1·`per-* I soaa1»··  lee in writing or notice by publication in the newspaper published nearest the clalnp, for at least once a week for ninety days, and it at the .explz·at§ion of ninety days after ~ meh notice to writin‘g_or`l>y publication auch delinquent should fail or refuse to contribute jnis proportion, of the expenditure _ requlred by this·sectlo;1, his interest ln the claim.slxaU,becou1e the propeity of his coowéeia who have made the tequlred ex— peuditurca. i'1`be·.period%witl1la which the-Work requiredlto be done annually on all uupateated mineral claims locatedsluce May 10, 1872[ including such claims. in the Territory of Alaska, shall commence at 12 o'¢;·lock`mel·ldlai1 ou the lst day of J ugly · succecdink the dale of locatloa of such claim. . 5 o Where a persozf or compaujr has or mayrruu a tunnel for the 1 Dmfposes of developing · a _ lode or lodes, owned by mid person or company, the money so expended lp ’said funnel shall be ~ taken and vcoaa1¤ez—eo,,as.expb¤oeo oa said iodo or lodea, whether located prior to of since' Hay 10,-1872; and such per- , son or company shall uot”_be required to perform worlru-ou the ~ surface of saldlode or lodea ln order to hold tlic same as re- ·

- x LANl}S\·AND M1N1NG_ _ § 30 quired bi- thig section. On all such valid claims Qthé ummm period ending December 31,1921, shall cozitirmc to. 12 o’clock meridian July.1, 1922. (R. SQ 5 2324; Ecb. 11, 1875, c. 41, 18 Stat. 315; Jan. 22, 1880, c'. 9, Q 2, *21,Stat. 61; Aug.·24,,1921,_ ’c. 84, 42.Stat. 188.)  Q -' ·. A jl _ · 3 29. Pntents; procedure to obtain.—-—A patént for ax;y land claimed amtlocatcd fof-ialuablc deposits may be comment in _ the followihg mamicr: Any jxerson; alssociation; or corporation authorized to locate a claim under this chaptér, héyingclaimcd audlocated a piece of limi fof such porposcs, who hhs, or havc,; pomplicil wt'th‘~the tci·m.g¤·of this chapter, may me in-the proper _;lzu1d» office 311 application for ai potent, under oath, showing such ,compliai1ce,_ togcthof £\·ith a plat and Qclcl notes of the clqiui or claims in common, made  or under the direction of the United Statcs;supcrlvisor‘o£ surveys, showing accurately , the boundaries of the clqiui or"c1alms,,which:§bail be distinctly marked by monuments on the _ ground, and shalt post it copy _ ot such plat, together ,with— a · notice of such application for a patcht, in in conspicuous accon the land cmbracedjin such plat previous to*the°flli1;g.g the application for wpatent, and shall illc an ailldavit of zgtflcast two persons that such._mticc‘ has__bcen duly posnéd, and shall ii1é—a copy off thvnoticc in such 1smd·otHcc,~§‘¤ikl shsxllwhercupou bc entitled to a` mtcut for “ the land, in the méumcr to1lowlng_:_'I'hct register of the. land olllcc, upon the ming or such application,. plat, Held notes, no? ticés, and andavlts, shall-publish a xiotlcc that such épplicatlou o has been mhdé,`_ior the périod of sixty dayé, hi a newspaper to  bc' by   designated as published ucaxjcst to such claim; and he Shall also post such notice 111 his‘o&cc for the Saihc period. _ ffhc claimant sit: the, time of filing.this~application, or_at mxyl-2 time "thereattor, withluatlxc sigty days of publication, shall file with the register 'a_ certihcatc of the United States Supervisorof ·su`rvcys that $500_ worth of labor hos. been cxpcndcdl or improvements made uivon `the clziim by himself  grantors; ··that_;,the -plat is c,o1‘rcct.‘ with such further dcscrip; tion byrsuch rqfercncé. to natural! objects of permanent monu.- meuts_ as shall idcutitycthe claim, andtmruish au°accurafc_dc¢ sciiptioh, to U€`il1COI‘{)€)l‘1lt€(l’__il1 thefpatont. At the`_ expiration of the sixty days of publication the claimaint; shall illc his a davit, showing, that the plat and QOHCQIBBVS boon posted z1 couspicuonig place on the claim during suchpcriod ot im ica·_ tionl It no adverse. -claim” shall have bcch; Hlcdwith thé  ister of the 'proper land omce at the expiration oi the sixty glays of publicétio1i,»l't shall be assumed that the aqplicsmt is entitled to a patént? upon the payment to the pmpcriofficer ot $5 por acre, and. that no adverse claim exlstsgand thereafter no objection from third i>artics_ to the issuance of a patent shall be heard, gxccptitbc shown that theagpplicant has foiled to comply w?ith"t_hc terms of this chapter. ‘ Where the claimant fox; a patent is- not a" resident qi; or within the lauddistrictt wherein the vcin, Iodc; ledge, or deposit sought .to_ be patented is located, the application for patent and the ahiavits required `to lic made in thimscctioh by the claimant for such patent: may. be made by his, hc}, or its authorized agent, where said - agent is convexzsaut with tho facts sought to bc established by éaid a§ldavits. .(R. S. § 2325; Jarlvw, 1880, c. §, § 2, 21 Stat. 61; Mar. 3, 19%,;:. 462, 43_Stut. 1144, 1145.) ‘ 30. Advcnc claim; proucéings and subbcqucntu Sling · of judgment- roll by successful clniqa1it,——·Whcro Man- adverse claim isft Bled {hating the period of publication, mentioned in section 29 of this title, it shall be upon oath ot the Iicrsou or personas making the same, and shall show the nature, bound— aries, andextént of such aqvcrsc claim, and all proceedings, except the publication of notice and making and filing of the a§davi_t thereof, shall bc stayed nuntil/the controversy shall have been ‘mttIcd or dccldcd by a court ot competent juri5— ·» diction, .o1* the Qhdvcrsc claim waived. Its shall bc_ the duty. ot the adverse claimant, within thirty days uftcr_·Hli¤S,l1is