The Albany register. [volume] (Albany, Or.) 1868-18??, 1872-07-26

7
nI the proper art nill,'e a the cxpra inn Of
The MAly tlasr oI mil,h.Gi,a. It shalt he a.
sulRsl That The applicant is enlitici to
lalent, upon the lnyfaent to he proper officer
OF live t0AaTs per acre, and that no adverse
claim exists: and thereafter no objection
from thr,l Iariies 10 the Issuance Of patent
shall be hcarl, except II be shown thai the
applicant has failcil comply With this act.
SM I. That where an adverse claim shall
be nle'i dnriug the perioSl Of publication, 1t
shall bc upon cath OF the person or persons
making the same, and shall show the nature,
boundaries, aud eXtont OF snch adverse claim,
ami all proceedings, except the pub ica'ion
Of notite and making and filing Of the affidavit:
thereof, shall he stayed until The controversy
shall have keen settled or de'iae1 by q court
OF competent jurisdiction, or the adverse
claim waved. Itshall he thc,luty oftlleadverse
claimant, within thirty Gays after filing
his claim, to commence prnceiirgs In court
Of competent Jurisdiction, to delel1nlne the
question of the right of posses Ion, and prose.
tu,cihe same with reasonable diligence to final
Judgment; and failure so 10 do shall be- u
waiver Of his adverse claim. After sllcli
Judgment shall have been rendered, the PARTY
entitled TO the possession of lie claim, or any
portion lhcreoE may, without giving further
nOice, file a certified copy OF The Judgment
roll with the register OF the Ian oillce, togeth
er with the certiiicaleO OF the surveyor general
that tht requisite amount OF labor has been
expended, or improvements made there
on, and The description required In other
cases, and shall lay TO the receiver five dol
lars per acre for HIS claim. together with the
proper fees, whereupOn the whole proteei-
incs and the ju,igmcnt-roll shall be certified
by the register to the Commissioner Of the
General Land Office, and a patent shall issue
thereon fur the claim, or such portion thereof
as the applicant shall appear, from The decis.
ion OF the court, to rightly possess. II II shall
appear from the decision OF the court that
several parties are entitled TO separate and
different portions of the Slain, each PARTY
may pay for his portion OF the claim, with the
proper fees, and file the certificate and lie
Scrip'iau by the surveyor g'yera, Wllcreuon
the register shall certify thr pr,ne iiiigs and
judgment-r0ll to the Commissioner Of the
'ieneial Land Onice, as In the precc'llng case,
and patents shall issue 10 the several parties
according TO their respective rights. Proof OF
citizenship under this ;Ict, on the acts Of July
twenty--sxth, eighteen hundred and sxty-iX,
and July ninth, eighteen huntlrel AMI seven
ty, IN The case Of an Individual, may consist
OF his own affidavit thereof and in case Of an
association Of persons ,mintorp0rated, of the
affidavit Of their authorized agent, male on
his own knowledge or upon information and
belief, and In ease of a corporation organized
under the laws of the UniielSintes, or of any
State or Territory of the United States, by
the filing of a certified copy of their charter
or certificate Of Incorporation; AMI nothing
herein contained shall bc construed to pre-
vent the alienation OF the title conveyed by
patent for mining claim to any person
whatever.
SEu. s. That the description of vein or lode
claims, upon surveyed lands, shall designate
the location of the claim with reference to
the lines Of the pub'ic surveys, but rccl not
conform herewith; but where u pai ent shall
bc issued as aforesaid for claims upon unslir-
veyed lands, the surveyor general, in extend
ing the surveys, shall adjust the same to the
boundaries Of such patented claim, according
to the plat or description thereof, but so as in
no ease TO interfere with or change the loca-
ti0n of any such patented claim.
SEC. 3. That sections one, two, three, four
and six, Of an act entitled "An act granting
the right of way to ditch and canal owners
over the public lands, and for other pur-
pOsCs,n approved July tweniy.NXth, eighteen
hundred anil sixty-siX, are hereby repealed,
but such repeal shall not affect existing
rights. Applications for patents for mining
claims now pending may be prosecuted TO Il
flnal decision In the General Land Office;
but in such cases where adverse rightsare not
affected thereby, patents may issue In ptrsil-
ance of the provisions Of this act: and AL
patents for mining claims heretofore issued
under the act Of July twenty.sixh, eighteen
hund:ei AMI sixty-six shall convey all the
rights and privileges conferred by this at
where no adverse rights exist at the time oy
The passage Of this act.
SEC. l6 That the act entitled "An act To
amend an at granting the right Of way to
ditch and canal owners over the public lands,
and for other purposes. napprOved July ninth,
eighteen hundred and seventy, shall BIZ and
remain in full force, except as 10 the procee'l-
ings to obtain a patent which shall be similar
TO the prCcedingS prescribed by sections six
and seven Of this aot for obtaining patents to
vein or loleclaims; but where said pacerclaim
shall be upon surveyed lands, and conform to
legal subdivisions, no further survey or plat
shall be required, and all placer mining
claims hereafter located shall conform as
near as practicable with the United States
system Of public land surveys and the rect-
angular sub Divisions of such surveys, ami no
such location shall include more than twenty
acres for each individual claimant, hut where
placer claims cannot be cOnfnrmed to legal
subdivisions, survey and plat shall lc made
as on unsuryeNcl lands: Provided, That pre-
cectlings now pending may be prosecuted to
their final determination under existing laws
but the provisions of this act when not In
conflict with existing laws, shall apply To
such cases: And provided also, That where
by the segregation Of mineral land In any
legal subdivision a quantity of agricultural
tional portion of agricultural land may he
entered by any party qualified by law, for
homestead or pre-emplion purposes.
SEC. H. That where the same person, asso-
citation, or corporation is in possession Of Il
placer claim, and also vein or lode included
within the boundaries thereof, application
shall be male for patent for the placer
claim, with the statement that 1t includes
such vein or lode, and in such case subject 10
the provision Of this act aud the act entitled
IAN act te amend an ACT granting the right OF
way to ditch and canal owners over the pub
liz lands, and for other purposes, approved
July ninth, eighteen hua,lred aud seventy
patent shall issue for the placer claim, incud-
ing such vein or lode, upon the payment Of
five dollars per acre for such vcin or lode
claim, AMI twenty-five feet OF surface on each
side thereof The remainder Of the placer
claim, or any placer claim not embracing any
vein or lode claim, shall be paid for at the
rate Of two dollars AMI nfty cents ler acre,
together with all costs of prNtcedngs; and
where a vein or lode, sllch as Is described III
thcsecond section Of this act, Is known to exist
within the boundaries Of II placer claim,
an application for patent for such placer
claim which does not include an application
for the vein or lode claim shall be construed
as conclusive declaration that the claimant
of the placer claim has no right Of possession
Of the vein or lode slain; but where the exis-
tence of vein or lOtle In placer claim is not
known, patent for the placer claim shall
convey all valuable mineral and other depos-
Its within the boundaries thereof
SEC, IL That the surveyor general Of the
United States may appoint in each land dis
trict containing mineral lands as many com.
petent surveyors as shall apply for appOint-
mcnt TO survey mining-viaims. The expenses
Of the survey Of vein or lode claims, and tho