Sivut kuvina
PDF
ePub

tested by the seal of the recorder, or, if he has no seal, then he should make oath to the same being correct, as shown by his records; where the applicant claims as a locator in company with others, who have since conveyed their interests in the lode to him, a copy of the original record of location should be filed, together with an abstract of title from the proper recorder, under seal or oath as aforesaid, tracing the co-locator's possessory rights in the claim to such applicant for patent; where the applicant claims only as a purchaser for valuable consideration, a copy of the location record must be filed, under seal or upon oath as aforesaid, with an abstract of title certified as above, by the proper recorder, tracing the right of possession by a continuous chain of conveyances from the original locators to the applicant. In the event of the mining records in any case having been destroyed by fire or otherwise lost, affidavit of the fact should be made, and secondary evidence of possessory title will be received, which may consist of the affidavit of the claimant, supported by those of any other parties cognizant of the facts relative to his location, occupancy, possession, improvements, etc.; and in such case of lost records, any deeds, certificates of location or purchase, or other evidence which may be in the claimant's possession, and tend to establish his claim, should be filed. Upon the receipt of these papers the register will, at the expense of the claimant (who must furnish the agreement of the publisher to hold applicant for patent alone responsible for charges of publication), publish a notice of such application for the period of sixty days, in a newspaper published nearest to the claim, and will post a copy of such notice in his office for the same period. In all cases sixty days must intervene between the first and the last insertion of the notice in such newspaper. When the notice is published in a weekly newspaper, ten consecutive insertions are necessary; when in a daily newspaper the notice must appear in each issue for the required period. The notices so published and posted must be as full and complete as possible, and embrace all the data given in the notice posted upon the claim. Too much care cannot be exercised in the preparation of these notices, inasmuch as upon their accuracy and completeness will depend, in a great measure, the regularity and validity of the whole proceeding. The claimant, either at the time of filing these papers with the register, or at any time during the sixty days' publication, is required to file a certificate of the surveyor-general that not less than five hundred dollars' worth of labor has been expended or improvements made upon the claim by the applicant or his grantors; that the plat filed by the claimant is correct; that the field notes of the survey, as filed, furnish such an accurate description of the claim as will, if incorporated into a patent, serve to fully identify the premises, and that such reference is made therein to natural objects or permanent monuments as will perpetuate and fix the locus thereof. It will be the more convenient way to have this certificate indorsed by the surveyor-general, both upon the plat and field notes of survey filed by the claimant as aforesaid. After the sixty days' period of newspaper publication has expired the claimant will file his affidavit, showing that the plat and notice aforesaid remained conspicuously posted upon the claim sought to be patented during said sixty days' publication, giving the dates. Upon the filing of this affidavit the register will, if no adverse claim was filed in his office, during the period of publication, permit the claimant to pay for the land according to the area given in the plat and field notes of survey aforesaid,

[merged small][merged small][merged small][ocr errors][merged small]

at the rate of five dollars for each acre and five dollars
for each fractional part of an acre, the receiver
issuing the usual duplicate receipt therefor. The
claimant will also make a sworn statement of
all charges and fees paid by him for publica-
tion and surveys, together with all fees and money
paid the register and receiver of the land office,
after which the whole matter will be forwarded
to the commissioner of the general land office, and
a patent issued thereon if found regular. In sending
up the papers in the case the register must not omit
certifying to the fact that the notice was posted in
his office for the full period of sixty days, such certifi-
cate to state distinctly when such posting was done
and how long continued. The consecutive series of
numbers of mineral entries must be continued, whether
the same are of lode or placer claims. The surveyor-
general must continue to designate all surveyed mineral
claims as heretofore by a progressive series of numbers,
beginning with lot No. 37 in each township; the claim
to be so designated at date of filing the plat, field-notes,
etc., in addition to the local designation of the claim; it
being required in all cases that the plat and field-notes
of the survey of a claim must, in addition to the refer-
ence to permanent objects in the neighborhood, describe
the locus of the claim with reference to the lines of pub-
lic surveys by a line connecting a corner of the claim
with the nearest public corner of the United States sur-
veys, unless such claim be on unsurveyed lands at a re-
mote distance from such public corner, in which latter
case the reference by course and distance to permanent
objects in the neighborhood will be a sufficient designa-
tion by which to fix the locus until the public surveys
shall have been closed upon its boundaries.

:

§ 81. Adverse claims.-Section 2326 provides for adverse claims, fixes the time within which they shall be filed to have legal effect, and prescribes the manner of their adjustment. Said section requires that the adverse claim shall be filed during the period of publication of notice; that it must be on the oath of the adverse claimant; and that it must show the "nature," the "boundaries," and the “extentof the adverse claim. In order that this section of law may be properly carried into effect, the following is communicated for the information of all concerned: An adverse mining claim must be filed with the register of the same land office with whom the application for patent was filed, or in his absence with the receiver, and within the sixty days' period of newspaper publication of notice. The adverse notice must be duly sworn to by the person or persons making the same before an officer authorized to administer oaths within the land district, or before the register or receiver; it will fully set forth the nature and extent of the interference or conflict; whether the adverse party claims as a purchaser for valuable consideration or as a locator; if the former, a certified copy of the original location, the original conveyance, a duly certified copy thereof, or an abstract of title from the office of the proper recorder should be furnished, or if the transaction was a mere verbal one he will narrate the circumstances attending the purchase, the date thereof, and the amount paid, which facts should be supported by the affidavit of one or more witnesses, if any were present at the time, and if he claims as a locator he must file a duly certified copy of the location from the office of the proper recorder. In order that the “boundaries” and “ extentof the claim may be shown, it will be incumbent upon the adverse claimant to file a plat showing his entire claim, its relative situation or position with the one against

f

f

e

P

which he claims, and the extent of the conflict. This plat must be made from an actual survey by a United States deputy surveyor, who will officially certify thereon to its correctness; and in addition there must be attached to such plat of survey a certificate or sworn statement by the surveyor as to the approximate value of the labor performed or improvements made upon the claim by the adverse party or his predecessors in interest, and the plat must indicate the position of any shafts, tunnels, or other improvements, if any such exist, upon the claim of the party opposing the application, and by which party said improvements were made. Upon the foregoing being filed within the sixty days as aforesaid, the register, or in his absence the receiver, will give notice in writing to both parties to the contest that such adverse claim has been filed, informing them that the party who filed the adverse claim will be required within thirty days from the date of such filing to commence proceedings in a court of competent jurisdiction to determine the question of right of possession, and to prosecute the same with reasonable diligence to final judgment, and that should such adverse claimant fail to do so, his adverse claim will be considered waived, and the application for patent be allowed to proceed upon its merits. When an adverse claim is filed as aforesaid, the register or receiver will indorse upon the same the precise date of filing, and preserve a record of the date of notifications issued thereon; and thereafter all proceedings on the application for patent will be suspended, with the exception of the completion of the publication and posting of notices and plat, and the filing of the necessary proof thereof, until the controversy shall have been adjudicated in court, or the adverse claim waived or withdrawn. The proceedings after rendition of judgment by the court in such

« EdellinenJatka »