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made the required expenditure, by the terms of said section.
(Signed) SECTION 32. RELOCATION. There are two kinds of relocation known to the law. There can be a relocation of a valid claim upon a new discovery of a vein, or there may be a relocation of an abandoned claim.
By relocation upon the shaft showing the mineral afterwards discovered, this danger can be avoided where no hostile discovery has intervened. But a new record based on a new discovery is an abandonment of the original location. 20
In relocation of abandoned claims, the party locates and records with the same particularity as in making an original location or record. The only practical distinctions are that he may, if found standing, adopt the stakes of the old claim. And his discovery shaft may be by sinking the old one deeper. He has the same rights as an original discoverer, although not in strictness a discoverer at all.21 20 Beals vs. Cone, supra.
393; 15 M. R., 631; Pelican Co. Armstrong vs. Lower, 6 Colo.,
vs. Snodgrass, 9 Colo., 339.
PATENTS ON MINING CLAIMS.
SECTION 33. STATUTORY PROVISIONS. The obtaining of patents for mining claims is regulated by the Federal Statutes as follows:
“A patent for any land claimed and located for valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under this chapter, 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 monuments 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 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, fieldnotes, notices, and affidavits, 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 the filing of 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 on 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 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 office 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 affidavits required to be made in this section by the claimant for such patent may be made by his, her or its authorized agent, where said agent is conversant with the facts sought to be established by said affidavits; And Provided; That this section shall apply to all applications now pending for patents to mineral lands.” 1 · U. S. Rev. Stat., Sec. 2325.
A failure to file an adverse claim is a waiver of all rights. The claimant of a tunnel site is not required to file an adverse claim and submit his rights in the lode claims it crosses to adjudication by the land department upon the filing of applications for patents to those claims when his rights are at that time uncertain, contingent, and intangible.”
“The dignity and character of a patent from the United States is such that the holder of it cannot be called upon to prove that everything has been done that is usual in the proceedings had in the land department before its issue, nor can he be called upon to explain every irregularity or even impropriety in the process by which the patent' is procured. Especially is it true that where the United States has not received any damage or injury, and can obtain no advantage from the suit instituted by it, the conduct of the parties themselves, for whose benefit such action may be brought, must itself be so free from fault or neglect as to authorize them to come, with clean hands, to ask the use of the name of the government to redress any wrong which may have been done to them.” 1 • Nesbitt V8. Delamar's Nevada . Ellet vs. Campbell (1893), 18 Gold Min. Co. (1898), 24 Nev.,
Colo., 510. 273; Lee vs. Stahl" (1886), 9 • U. S. vs. Marshall Silver Min. Cc. Colo., 208.
(1899), 129 U. S., 589.