The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1870-08-13
THE ELK0 INDEPENDENT.
Mining Laws.
AN ACT % amend '.An Act granrns the right

AN ACT % amend IAN Act granfink the right
Of way to ditch and canal owners over the
public lands. and for other purposes.
b it enacted By the Senate and House bi
Represents dives OF the Omitted States Of Amer
ica in Congress assembled, That the Act
owners over the public lands. and for other
purposes, approved July %, 1896, be, and the
same IL hereby. amended by adding thereto the
following additional sections. numbered ~.
~. IA. Is, 16, and IL, respectively, which shall
hereafter constitute and form a part Of the
aforesaid Act. C-Lz-s1o
SEo H. And be Il further enacted. That
claims usually called "placers." including all
forms of deposit, excepting veins Of quartz,
or other rock in place, shall be subject TO entry
and patent under this Act. under like cireum-
stancee and conditions, and upon similar pro-
ceedings as are provided for vein or lode claims
Provided, That where the lands have been
previously surveyed by the United States. the
entry in its exterior limits shall conform to the
legal subdivisions of the public lands, no
further survey or plat in such case being re
quired. and the lands may be paid for at the
rate of two dollars and nifty cents per acre;
Provided further. That legal subdivisions of
forty acres may be subdivided into ten-acTe
tracts, and that two or more persons or asso-
Citations Of persons, having contiguous claims
of any size, although such claims may be less
than ten acres each. may make joint entry
thereof; and provided further, That no Local
ton of placer claim, hereafter made, shall
exceed one hundred and sixty acres for any
one person or association of persons, which
location shall conform to the United States
surveys; and nothing in this section contained
shall defeat or impair any bona fide pre-emp-
ton or homestead claim upon agricultural
lands, or authorize the sale of the improve
ments of any bona fde settler to any purchaser
SEC. ID. And be it further enacted, That
where said person association, they and
thair nra shall have held nd a
their said claims for period equal to the time
prescribed by the statute of limitation for min
ing claims for the State or Territory where the
same may be situated, evidence of such pos
session and working of the claims for such
period shall be sufficient TO establish a right to
patent thereto under this Act, in the absence
Of any adverse claim; Provided, however
That nothing in this Act shall be deemed to
impair any lien which may have attached in
any way whatever TO any mining claim or
property thereto attached prior to the issuance
Of patent.
SEC. II. And be it further enacted, That all
eI parte affidavits required to be made under
this Act, or the Act Of which it is amendatory,
may be yenned before any officer authorized
TO administer oaths within the land district
where the claims may be situated.
SEC. Is. And be it further enacted, That
registers. and receivers shall receive the same
fees for. services under this Act as are provided
by law for like services under other Acts of
Congress, and that effect shall be given to the
foregoing Act according to such regulations as
may be prescribed by the Commissioner Of the
General Land Office #sH.
SEC. 16. And be it further enacted, That so
much of the Act of March 3, 1853, entitled
IAN Act to provide for the survey of the pub
lie lands in California, the granting of pre-
emption rights, and for other purposes" ns
provides that none other than township lines
shall be surveyed where the lands are mineral
Is hereby repealed, and the public surveys are
hereby extended over all such lands; Provided,
That all subdividing of surveyed lands into
lots less than one hundred and sixty acres NAV
be done by county and local surveyors at the
expense Of the claimants; and provided fur
Their, That nothing herein contained shall re-
quire the survey of waste or useless lands.
SIC. IL. And be it further enacted, That
none Of the rights conferred by sections five.
eight, and nine of the Act TO which this Act is
amendatory, shall be abrogated by this Act.
and the same are hereby extended to all public
lands affected by this Act; and all patents
granted, orpre-emption or homesteads allowed.
shall be subject to any vested and accrued
water rights, or rights to bitches and reser-
voirs used in connection with such water
rights, as may have been acquired under or
recognized by the ninth section of the Act of
which this Act is amendatory. But nothing
In this Act shall be construed TO repeal, impair
or in any way affect the provisions of the iAct
granting to A. sutro the right of way and other
privileges to aid in the construction of drain
ing and exploring tunnel to the Comstoek lode,
1866.
Approved, July 8, 1870.