4 Copp's Min. Dec. 76, 80, 81, 195; Sickel's Min. Laws, 237. 5 Copp's Min. Dec. 197. 6 Copp's Min. Dec. 170; Sickel's Min. Laws, 196. 7 Copp's Min. Dec. 170-3. 8 1 Landowner, 34; 3 id. 36, 163. 92 Landowner, 5. 10 3 Landowner, 194; 4 id. 3, 34. § 124. Same-Time within which should be filed.— Adverse claims must be filed within the period of publication of notice as prescribed by statute. And no extension of time can be given.2 They may be filed after office hours, or on Sunday, if the officers are willing to receive them, but the officers are not bound to transact business, except during the usual office hours and on secular days. The time cannot be extended by stipulation between the parties.4 If filed after time, protestant will be treated as amicus curiæ, with no right of appeal.5 Where a republication is ordered the adverse claimant on receiving notice must again file his claim.6 1 See published notice, supra, §111; Sickels' Min. Laws, 179-81-82. 2 Copp's Min. Dec. 156, 194; 1 Landowner, 25; 2 Landowner, 114; 3 Landowner, 18. 3 6 Landowner, 73. 4 6 Landowner, 105. 5 Sickels' Min. Laws, 313. 6 Ibid. § 125. Same-What filled with adverse claim.-An abstract of title duly certified by the recorder, with a copy of the original notice or certificate of location, or certified copies of his deeds, and the location notice, tracing his chain of title from the original locators, should be filed with the adverse claim.1 But an omission to file the abstract has been decided to be a mere irregularity, not fatal to the adverse claim.2 A protest or adverse claim must also be accompanied by a survey, by United States deputy mineral surveyor of the entire adverse claim. It will not suffice that a portion of the applicant's survey is colored and claimed as the entire claim of the adverse party.3 The survey should be made and certified by a United States deputy mineral surveyor, together with his certificate or sworn statement as to the approximate value of the labor performed or improvements made upon the adverse party's claim.4 But where the adverse claimant is prevented by the applicant from making survey and plat, he will be excused from filing the same with his adverse claim.5 Where the adverse survey shows a conflict, the local land officer cannot infer that the survey of the adverse claim is erroneous, and so decide without a hearing.6 1 Copp's Min. Dec. 232. 2 Copp's Min. Dec. 173. 3 1 Landowner, 98; Sickels' Min. Laws, 263-5-75. 4 Copp's Min. Dec. 337. 5 Sickels' Min. Law, 227. 6 Sickels' Min. Law, 267. § 126. Same-Affidavit-Fees.-Ordinarily the adverse claim must be verified by the oath of the party himself; but where several parties in interest unite, the affidavit of one is sufficient.1 Also, where the adverse claim is filed on behalf of a corporation, the protest may be verified by the oath of its president or other executive officer, or by an agent or attorney, whose authority must be shown.2 The adverse claim must be verified before some officer authorized to administer oaths within the land district where the claim may be situated.3 The fees should accompany the adverse claim, otherwise the officers of the local land office have no authority to receive and file it. No fees, however, should be exacted for refiling an adverse claim when it is rendered necessary on account of the republication of notice to correct errors or omissions. Nor is there any authority for demanding fees on the filing of a protest by one who stands to the court in the relation of amicus curiæ, though this relation may be the result of filing the adverse claim after the expiration of the period of publication.5 1 Copp's Min. Dec. 169; Sickel's Min. Laws, 231. 2 1 Landowner, 132; 2 id. 178. 3 1 Landowner, 34; Copp's Min. Dec. 158, 160. 4 3 Landowner, 36, 163. 5 Sickel's Min. Laws, 313. § 127. Same-Proceedings in court in support of.In order to continue the stay of proceedings on the application, an action should be commenced by the adverse claimant in a court of competent jurisdiction to try the possessory title. The law requires this to be done within thirty days after filing the adverse claim.1 And if delay occurs by the adverse claimant or his attorney trusting to the uncertain medium of the United States mail, he must abide the consequences.2 If a party fails to assert an adverse claim in the manner and within the time prescribed by law, the general land office will not take cognizance of a judgment rendered in his favor in a suit commenced after the expiration of the period of publication.3 And if the failure to bring suit is caused by the negligence or corrupt conduct of the attorney, it is a wrong which the general land office has no power to redress. But it was held that where suit had been commenced after the application by one who subsequently filed an adverse claim in regular form, the application would remain suspended until the case was decided in court or otherwise settled.5 However, the pendency of a suit by the applicant against the adverse claimant in relation to the same property will not excuse the bringing of the suit by the adverse claimant in support of his claim. It will be too late to bring such suit when the one pending is dismissed after the period of publication has expired. In one case it was decided that in order to comply with the law as to the court in which suit should be brought, it must be in a district court of the state held in the same district in which the claim lay;7 but upon a rehearing, the commissioner overruled the former decision upon the ground that jurisdiction was a question for the court and not for the department to decide.s A judgment in the suit brought in support of the adverse claim is final between the parties, and if it be against the adverse claimant, he will not be heard to contest the application for the reason that the claim is not on mineral ground. The general land office will neither review nor disregard the decisions of courts upon the merits of cases submitted to them regarding conflicting possessory rights to mining property.10 But an action in equity to restrain applicants for patent for a mining claim from further prosecution of their application is not such an action as can be taken notice of by the general land office.11 The only question in such contests is the right of possession.12 The mere fact of an adverse claimant obtaining judgment in his favor does not necessarily entitle him to a patent upon filing a certified copy of the judgment roll and the certificate of the surveyor-general, and påying fees and price of land.13 Where a further stay of proceedings is sought after judgment against the adverse claimant upon the ground that a motion for a new trial had been granted, it devolves upon him to show that the motion had been granted without conditions.14 Where suit is decided in favor of applicant, a copy of the judgment and a certifiente of the clerk that no suit is pending should be filed with the register and receiver.15 Where a suit has been brought during the period of publication and notice thereof given to the register of the land office, it will operate as a stay of proceedings, though the publication may be found defective and the applicant is required to republish his notice.16 1 Rev. Stat. U. S., § 2326, ante, p. 19; 2 Landowner, 6. 2 4 Landowner, 34. 3 4 Landowner, 2. 7 6 Landowner, 105. 8 Sickel's Min. Laws, 298. 9 3 Landowner, 2. 10 Copp's Min. Dec. 19. 11 1 Landowner, 162. 12 2 Landowner, 5. 13 2 Landowner, 2. 16 Sickel's Min. Laws, 313. §128. Same-Effect of waiver by applicant.-When the applicant for a patent before the department becomes a defendant in a suit brought by an adverse claimant, waives his claim, confesses judgment, and thus acknowledges plaintiff's superior right to the disputed ground, the controversy is ended, and plaintiff should no longer be deprived of a patent for the premises to which he has shown himself legally entitled.1 But the mere filing of an abandonment of the disputed ground does not terminate the contest. The judgment of the court must go to all the questions involved in the controversy before patent can issue for the portion of the claim not in dispute.2 13 Landowner, 194. 2 3 Landowner, 196. § 129. Same-Waiver by adverse claimant.-The contest may be determined either before or after suit brought, by the express waiver of the adverse claim, by filing a written withdrawal in the local land office,1 or by |