SEC. 4. That when such location and entry of a mine shall be upon unsurveyed lands, it shall and may be lawful, after the extension thereto of the public surveys, to adjust the surveys to the limits of the premises, according to the location and possession and plat aforesaid, and the Surveyor-General may, in extending the surveys, vary the same from a rectangular form to suit the circumstances of the country, and the local rules, laws and customs of miners: Provided, That no location hereafter made shall exceed two hundred feet in length along the vein for each locator, with an additional claim for discovery to the discoverer of the lode, with the right to follow such vein to any depth, with all its dips, variations and angles, together with a reasonable quantity of surface for the convenient working of the same as fixed by local rules: And provided further, That no person may make more than one location on the same lode, and not more than three thousand feet shall be taken in any one claim by any association of persons. SEC. 6. That when any adverse claimants to any mine located and claimed as aforesaid, shall appear before the approval of the survey, as provided in the third section of this Act, all proceedings shall be stayed until a final settlement and adjudication in the Courts of competent jurisdiction of the rights of possession to such claim, when a patent may issue as in other cases. patent, 59 liens, debts, and legacies, certificate of clerks of Court as to, 60 adverse possession of others, 61 School and Miners' Relief Fund Claim, ib. advisable never to purchase one claim only, ib. State or Territorial Statutes and District Laws, 62 ACTION, POSSESSORY, for recovery of mine, not affected by paramount title ACTS OF CONGRESS, relating to mining, passed prior to Dec. 1, 1873-repealed, 54 ACTS OF CONGRESS-continued. history of, 9 July, 26th, 1866, repealed provisions of, 73 ADVERSE CLAIMS, must be on oath of person making them, 30 must set forth nature and boundaries of claim, ib. proceedings for patent stayed, until settled or waived, 31 in Courts must be commenced within thirty days, ib. not necessarily in Federal Courts, 32 right of possession the only question the Courts decide, 31 after judgment, record filed with the Commissioner of Land Office, ib. where several parties are found entitled, ib. identity of veins must be alleged, 32 but mere conflicting surveys not an adverse, ib. failure to adverse a waiver does not prevent Courts subsequently deciding priorities of title, 33 under Spanish Law, 3 See also INTERSECTION OF VEINS; INJUNCTION. AFFIDAVITS, of two persons to be filed by applicant for patent, of notice being to be filed by applicant after publication of notice, 27 of citizenship, of what to consist, 14 under Mining Laws, by whom verified, 41 proof of annual labour-expenditure by, 23, 56 AGENT, person may locate claim by, 13 AGRICULTURAL LANDS, open to pre-emption when, 49, 50 when once patented, include minerals under them, 45 burden of proof that they are more valuable for mines than agriculture on ALIEN, is a trespasser on public mineral lands, 11, 28 not entitled to the benefit of the U. S. Mining Acts, 27 cannot obtain patent from the U. S., 28 unless naturalized prior to applying for patent, 27 cannot adverse another's claim, 28 may purchase patent, 11, 28 ALIEN-continued. cestui qui trust, 29 may hold land until office found against him, 29 bonâ fide resident, only, can hold land in certain States, ib. who has declared his intention to become a citizen, 11, 30. property of non-resident liable to attachment, 30 ALUM: See MINERAL DEPOSITS. AMENDMENTS to Act of 1872..19, 63 ANNUAL EXPENDITURES: See EXPENDITURES. APPEAL lies from Land Office to Secretary of Interior, 5 APPLICATION FOR PATENT: See PATENT. APPROPRIATION OF LODE, of what it consists, 13 APPROPRIATION OF WATER, doctrine of prior, in California, 47: See also WATER RIGHTS. ARIZONA, Laws of, 23 ASPHALTE: See MINERAL DEPOSITS. ASSIGNEE of alien may, if qualified, re-locate, 28 ATTACHMENT, non-residents' property liable to, 30 B. BORAX: See MINERAL DEPOSITS. BOUNDARIES OF CLAIM, must be distinctly marked by monuments on ground, 18, 26 such as blazed trees or other natural objects, 13, 18 need not be fenced off, 20 once fixed, cannot be moved, to another's injury, ib. C. CALIFORNIA, water rights in, 64, and see WATER RIGHTS. Civil Code of, 64 conveyance of mining claims in, 57 Statute of Limitations of, 38 taxations of claims in, 39 rights of non-resident aliens in, 29 first settlers on mining lands in, 9 |