86 ALASKA. 



duty of" the adverse claimant, within thirty days after filing his claim, to com- 

 mence proceedings in a court of competent jurisdiction, to determine the ques- 

 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 posses- 

 sion of the claim, or 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 judgment-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 the register shall certify the pro- 

 ceedings 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 a title conveyed by a patent for a mining-claim to any person 

 whatever. 



Sec. 2327. The description of vein or lode claims, upon surveyed lands, shall 

 designate the location of the claim with reference to the lines of the public 

 surveys, but need not conform therewith; but where a patent shall be issued for 

 claims upon unsurveyed lands, the surveyor-general, in extending the surveys, 

 shall adjust the same to the boundaries of such patented claim, according to the 

 plat or description thereof, but so as in no case to interfere with or change the 

 location of any such patented claim. 



Sec. 2328. Applications for patents for mining-claims under former laws now 

 pending may be prosecuted to a final decision in the General Land Office; but 

 in such cases where adverse rights are not affected thereby, patents may issue in 

 pursuance of the provisions of this chapter; and all patents for mining-claims 

 upon veins or lodes heretofore issued shall convey all the rights and privileges 

 conferred by this chapter where no adverse rights existed on the tenth day of 

 May, eighteen hundred and seventy-two. 



Sec. 2329. Claims usually called "placers," including all forms of deposit, 

 excepting veins of quartz, or other rock in place, shall be subject to entry and 



