NATIONAL FOREST MANUAL LAWS. 35 



having claimed and located a piece of land for such purposes, who has, 

 or have, complied with the terms of this chapter, may file in the proper 

 land office an application for a patent, under oath, showing such com- 

 pliance, together with a plat and field notes of the claim or claims in 

 common, made by or under the direction of the United States surveyor 

 general, showing accurately the boundaries of the claim or claims, 

 which shall be distinctly marked by monuments on the ground, and 

 shall post a copy of such plat, together with a notice of such applica- 

 tion for a patent, in a conspicuous place on the land embraced in such 

 plat previous to the filing of the application for a patent, and shall 

 file an affidavit of at least two persons that such notice has been duly 

 posted, and shall file a copy of the notice in such land office, and shall 

 thereupon be entitled to a patent for the land, in the manner following: 

 The register of the land office, upon the filing of such application, plat, 

 field notes, notices, and affidavits, shall publish a notice that such 

 application has been made, for the period of sixty days, in a newspaper 

 to oe by him designated as published nearest to such claim; and he 

 shall also post such notice in his office for the same period. The claim- 

 ant at the time of filing this application, or at any time thereafter, 

 within the sixty days of publication, shall file with the register a cer- 

 tificate of the United States surveyor general that five hundred dollars' 

 worth of labor has been expended or improvements made upon the 

 claim by himself or grantors; that the plat is correct, with such further 

 description by such reference to natural objects or permanent monu- 

 ments as shall identify the claim, and furnish an accurate description 

 to be incorporated in the patent. At the expiration of the sixty days 

 of publication the claimant shall file his affidavit, showing that the 

 plat and notice have been posted in a conspicuous place on the claim 

 during such period of publication. If no adverse claim shall have been 

 filed with the register and the receiver of the proper land office at the 

 expiration of the sixty days of publication, it shall be assumed that the 

 applicant is entitled to a patent, upon the payment to the proper 

 officer of five dollars per acre, and that no adverse claim exists; and 

 thereafter no objection from third parties to the issuance of a patent 

 shall be heard, except it be shown that the applicant has failed to 

 comply with the terms of this chapter. [Provided, That where the 

 claimant for a patent is not a resident of or within the land district 

 wherein the vein, lode, ledge, or deposit sought to be patented is located, 

 the application for patent and the affidavits required to be made in this 

 section by the claimant for such patent may oe made by his, her, or 

 its authorized agent, where said agent is conversant with the facts 

 sought to be established by said affidavits. Amendment of Jan. 22, 

 1880, 21 Stat., 61.] 



SEC. 2327. The description of vein or lode claims upon surveyed Description of 

 lands shall designate the location of the claims with reference to the fode'daims. 111 

 lines of the public survey, but need not conform therewith ; but where 

 patents have been or shall be issued for claims upon unsurveyed lands, 

 the surveyors general, in extending the public survey, shall adjust 

 the same to the boundaries of said patented claims so as in no case to 

 interfere with or change the true location of such claims as they are 

 officially established upon the ground. Where patents have issued Patents to con- 

 fer mineral lands, those lands only shall be segregated and shall be form to official 

 deemed to be patented which are bounded by the lines actually m 

 marked, defined, and established upon the ground by the monuments 

 of the official survey upon which the patent grant is based, and sur- 

 veyors general in executing subsequent patent surveys, whether upon 

 surveyed or unsurveyed lands, shall be governed accordingly. The Monuments to 

 said monuments shall at all times constitute the highest authority as f^ns 

 to what land is patented, and in case of any conflict between the said 

 monuments of such patented claims and the descriptions of said claims 

 in the patents issued therefor the monuments on the ground shall 

 govern, and erroneous or inconsistent descriptions or calls in the 

 patent descriptions shall give way thereto. (As amended April 28, 

 1904 (33 Stat., 545).) 



SEC. 2329. Claims usually called " placers," including all forms of Conformity of 

 deposit, excepting veins of quartz, or other rock in place, shall be ^ 



subject to entry and patent, under like circumstances and conditions, 



