| Show MINING LAWS united states arizona california nevada colorado idaho and utah continued from november 15 it is the purpose of the following series of articles to give the most important mining laws of the united states and of the several states in as concise a form as possible A complete treatise irea treatise tise on this subject would fill several large volumes and for wore more complete information we suggest the following works for field work and handy reference morrisons Morri sons mining rights millers mining law in practice or wilsons Wil sons mining laws for complete reference wilson snyder or on mining law it should be understood that the united states mining laws are fundamental and that hat the state and territorial laws are made to conform and not to conflict with the same it is therefore most important that the united states laws should be adhered to but it is also necessary that local law and custom should be followed united states laws sec 2326 adae adverse arse claim proceedings on where an adverse claim is filed during the period of 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 filing of the affidavit thereof shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction or the adverse claim waived it shall be the duty of the adverse claimant within thirty days after filing his claim to corn com mence proceedings in a court of competent jurisdiction to determine the ques question tion 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 party entitled to the possession of the claim or cr any portion thereof may without giving further notice file a certified copy of the judgment roll with the register of the land office together with the certificate of the surveyor general that the requisite amount of labor has been expended or improvements made thereon and the description required in other cases and shall pay to the receiver five dollars per acre for his claim together with the proper fees whereupon the whole proceedings and the judg ment roll shall be certified by the register to the commissioner of the general land office and a patent shall issue thereon for the claim or such portion thereof as the applicant shall appear from the decision of the court to rightly possess if it appears from the decision of the court that several parties are entitled to separate and different portions of the claim each party may pay for his portion of the claim with the proper fees and file the certificate and description by the surveyor general whereupon u pa n the register shall certify the proceedings and judgment roll to the commissioner of the general land office as in the preceding case and patents shall issue to the several parties according to their respective rights nothing herein contained shall be construed to prevent the alienation of the title conveyed by a patent for a mining claim to any person whatever e r act of april 26 1882 sec 1 oath of claimant before whom made that the adverse claim required by section 2326 of the revised statutes may be verified by the oath of any duly authorized agen agent t or attorney in i fact of the adverse claimant cognizant of the facts stated and the adverse claimant it if residing or at the time being beyond the limits of the district wherein the claim is situated may make oath to the adverse claim before the clerk of any court of record of the united states or of the state or territory where the adverse claimant may then be or before any notary public of such state or territory see sec 2 that applicants for mineral patents if residing beyond the limits of the district wherein the claim is situated may make any oath or affidavit required for proof of citizenship before the clerk of any court of record or before any notary public of any state or territory continued dec 15 |
