Page:United States Statutes at Large Volume 33 Part 1.djvu/613

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FIFTY-EIGHTH CONGRESS. Sess. II. Ch. 1771, 1772. 1904. 525 nor any other proccedin at law or in e uit b r such art a inst the confirmation of such gssessment or assgssnienis, shallidelayy oiaprevent the payment of award to others in respect to the property con- . demned, nor delay or prevent the takin of any of said ropert r sought to be condemned, nor the openingoir such hi hways: Prwm. however-, That upon the final determination of isa5i aprpeal or other ci,1;$,’:°°°t°f¤°°ld* proceeding at law or in eqpity the amount found to be uc and payale as damages sustained y reason of the openin of said highways under the provisions hereof shall be paid as hereiniefore provided. Approved, April 28, 1904. GEAP. 1772.-An Act To amend an Act entitled "An Act to extend the coal-land April 28. 1904. laws to the district of Alaska," approved June sixth, nineteen hundred. . [S- 281*] Public, No. 201. Be it enacted ay the Senate and House of Representahh1es of the United [ 1 States of America in Congress assembled, That any person or associa- Alaska. tion of persons qualified to make entry under the coal-land laws of the $·°§lfl°§‘3°§‘,Y’l‘§'g8, United States, who shall have opened or improved a coal mine or coal °’”°¤d°d· mines on any of the unsurveye public lan s of the United States in the district of Alaska, may locate the lands upon which such mine or I·<>¤¤¤i3¤ <{fh<1ev¤1· mines are situated, in rectangular tracts containingoforty, eighty, or °P°dm °” °d°‘ one hundred and sixty acres, with north and south undary lines run according to the true meridian, plyamarking the four corners thereof with permanent monuments, so t the boundaries thereof may be B<>¤¤¤•ri<>¤- readily and easily traced. And all such locatois shall, within one year mms ¤•>¤w- from the act this Act, er within one year from making" such location, & for- record in the recording distmct,·and»with thezregister and receiver of the loud dislurietin which- the lands are located or situated,1 notice contaiuingr the name or names of the locator or locators, the date of the location, the description of the lands located, and a reference to such natural objects or permanent monuments as will readily identify the same. Sec. 2. That such locator or locators, or their assigns, who are citi- *”¤¤<=¤¤S- zens of the United States, shall receive a patent to the lands located by presenting, at any time within three years from the date of such notice, to the register and receiver of the land district in which the lands so located are situated an application therefor, accompanied by mj{*,¥;Q*Q*;l{•{1’;n*Qhr'ég a certified copy of a plat of survey and field notes thereof, made by a years. United States deputy surveyor or a United States mineral surveyor ‘ duly approved by the surveyor-general for the district of Alaska, and *"*°° P" me a payment of the sum of ten dol rs per acre for the lands applied for; but no such application shall be allowed until after the app icant has caused a notice of the presentation thereof, embracing a escription of the lands, to have been tpublished in a newspaper in the district of uiggce w be pub- Alaska published nearest e location of the premises for a period of ° ‘ sixty days, and shall have caused copies of such notice, together with a certified copy of the official plat or survey, to have been epttpbsted 0nN•;¤8if¤¤¤¤\>¤r¤¤wd in a conspicuous place upon the land applied for and in the lan office ° m' for the district in which the lands are ocated for a like period, and ' until after he shall have furnished proof of such publication and posting, and such other proof as is required by the coal—land laws: Pro- gpgé, n mm vided, That nothin herein contained shall be so construed as to wdtersr ° ° authorize entries toie made or title to be acquired to the shore of any navigable waters within said district. Sec. 3. That during such period of posting and publication, or —*d*’€¤° °l*i¤¤*- within six months thereafter, any person or association of persons having or assertin any adverse interest or claim to the tract of land or any part thereog sought to be purchased shall file in the land office where such application is pending, under oath, an adverse claim, setting