The Albany register. [volume] (Albany, Or.) 1868-18??, 1870-08-27
IPutIrc-No. l47.1

IPutGro-No. 147.1
AN ACT to amend IAN act granting the
right of way to ditch and canal owners
over the public lands, and for other
purposes"
Be it enacted by the Senate and House .ot
Representatives. Of the United States of Amer
sea IN Congress asseabted:
TSat the act granting the right Of way
to ditch Aud canal owners over the pubic
lands, and for other purposes, approved
July twenty-six, eighteen hundred and
sixty six, be, and the same is hereby,
amended by adding thereto the folio wing
additional sections, numbering twelve,
thirteen, fourteen, fifteen, sixteen and
seventeen, respectively, which shall here
after constitute and form part of the
aforesaid act.
SEC. l2. And be 1t further enacted, That
claims, usually called "rlacers,' inslud-
ing 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 circumstances and condi-
tions, and under similar proceedings, ~
are provided for vein or lode elaine: Pro-
ded, That where the lands have been pre-
viously surveyed by the United States, the
entry In its exterior limits shall conform
20 the legal subdivisions of the public
lauds, no further survey or plat in such
case being require', and tho laws may be
paid tor the ra,e Ut two dollars an acre:
Proaiied far;her, That legal . ,bdiv . ons of
forty acres may be subdivided mo te1-
acre tracts; ana that two or more persons,
having contiguous claims of any size, al
though the claims may be less than ten
acres each, may make joint entry thereo:
And prorided further, That ne location
of . placer claim, hereafter made, shall
exceed one hundred and sixty acres for
any person or association of persons,
which location shall conform to the Uni
| ted States surveys; and nothing in this
| section contained shall defeat or impair
any bona fde presumption or homestead
claim upon agricultural lAuds. or author
se the sale of the Improvements of any
bona fde settler to any purchaser.
SIC 1s. -4nd be it further enqrted, That
where said person or association, they and
their grantors, shall have held and work
ed their said claims for q period equal to
the time prescribed by the statute of linz
| itation for mining claims Of the State or
| Territory where the same may be situa-
| ted, evidence of such possession and
working of the claims tor such period
| shall be sufficient to establish a right to
Q patent thereto under this act, in the abb
| sence of any adverse claim; PROVIDED
deemed to impair any lien which may
have attached in any way whatever to any
mining claim or property thereto attach
| ed prior to the issuance of a patent.
SEC. IA. And be it. further enacted, That
all ex parte afidavits required to be made
under this act, or.the act of which 1t -
amendatory, may be verified before any
officer authorized to administer oaths
within the land district where the claims
may be situated.
SIC. 15. 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 un-
der other acts of Congress; and that ef-
feet shall be given to the foregoing act
according to such regulations as may be
prescribed by the Commissioners of the
General Land OEce.
SEC. l6. And be it further enacted, That
80 much of the act of March third, eigh
teen hudred and ffty-three, entitled tAn
act to provide for the survey of the public
lands in California, the granting of pre-
emption rights, and for other purposes
as provides that none other than town
ship lines shall be surveyed where the
lands are mineral, is hereby repealed
And the public surveys are hereby exten
ded over all such lands: PROVIDED, That al
subdiyiding Of surveyed lands into lott
less than one huudred and sixty acrei
may be done by county and local survey.
ors at the expense of tho claimants: Ana
prouided further, That nothing herein con
tained shali require tbs survey of waste
or ueeiess lands.
SEC. II. And be IL further enacted, Tha
psue Of the rights conferred by sectioni
five, eight, aud nine of the act to which
this act is amendatory shall be sbrogatec
, by this act, and the came are hereby ex.
t nded 10 all public lands affected ty thi
. act; and all patents granted, orpreemp-
. tion or bomesteads allowed, shall be ss b
Iject to any vested and accrued waite
r rights, or rights to bitches and reservoir
used in connection with such water rights
as may have been acquired uude. or re
cognized by the ninth section of the &C
OF which this act 10 amendatory. Blu
7 nothing in this act shall be construed 4
repeal, impair, or in any way affect th
provisions of the Act granting to A
Sutro the right of way and other privile
ges to aid in the construction of drain
ing and exploring tunnel to the Com mstoc
: lode, in the State of Nevada" approve
July twenty 6fth, eighteen hundred an
. sixty six.
Ano.ova1 y,,ly a 1a-n