LANDS MINERAL. 55 



portion of the expenditure required by this section his interest in the 

 claim shall become the property of his co-owners who have made the 

 required expenditures. [Provided, That the period within which the 

 work required to be done annually on all unpatented mineral claims 

 shall commence on the first day of January succeeding the date of 

 location of such claim, and this section shall apply to all claims 

 located since the tenth day of May, anno Domini eighteen hundred 

 and seventy-two. Amendment of Jan. 22, 1880, 21 Stat., 61.] 



How patents obtained. 



Sec. 2325. A patent for any land claimed and located for valuable 

 deposits may be obtained in the following manner : Any person, asso- 

 ciation, or corporation authorized to locate a claim under this chap- 

 ter, 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 compliance, 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 monu- 

 ments on the ground, and shall post a' copy of such plat, together 

 with a notice of such application for a patent, in a conspicuous place 

 on the land embraced in such plat previous to the filing of the appli- 

 cation 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 no- 

 tice 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 affi- 

 davits, shall publish a notice that such application has been made, for 

 the period of sixty days, in a newspaper to be by him designated as 

 published nearest to such claim; and he shall also post such notice 

 in his office for the same period. The claimant at the time of filing 

 this application, or at any time thereafter, within the sixty days of 

 publication, shall file with the register a certificate 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 monuments as shall 

 identify the claim, and furnish an accurate description to be incorpo- 

 rated in the patent. At the expiration of the sixty days of publica- 

 tion 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 re- 



