The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-07-15

iS1fic VI IcAoohS w idttu, VI the dHlud-
Wit of their authorized agent, made on his own
knowledge or upon information and belief, and
in case OF q corporation organized under the laws
OF the United States, or of any State or Terrific
ry of the United States, by the filing of n certi-
fed copy of their charter or certificate of incor-
poration; and nothing herein contained shall be
construed to prevent the alienation of the title
conveyed by a patent for u mining claim to any
person whatever. rHr..-
SEC. s. That the description of vein or lode
claims, upon surveyed lands, shall designate tho
location of the claim with reference to the limos
of the public surveys, but need not CONFORM there
with but where a patent shall be issued us
aforesaid for claims upon unsurveyed lands, the
surveyor general in extending the surveys, shall
adjust the same to the boundaries of such patent
ed claim, according to the plat or description
thereof, but SO as In no case TO interfere with or
change the location OF any such patented claim.
SEC. o. 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 purposes" approved
July twenty-sixth, eighteen hundred and sixty
six, are hereby repealed, but such repeal shall
not affect existing rights. Applications for
patents for mtning-claims now pending may
be prosecuted to a final decision in the General
Land Office; but in such cases where adverse
rights are not affected thereby, patents may
issue in pursuance of the provisions of this act;
and all patents for mining claims heretofore is
sued under the act of July twenty-six, eighteen
hundred and sixty-six, shall convey all the rights
and privileges conferred by This act where no adj
verse rights exist at the time of the passage of
this act. ha
SEC. 10. That the act entitled IAN act to
amend an act granting tho right Of way TO ditch
and canal owners over the public lands and for
other purposes" approved July ninth, eighteen
hundred and seventy, shall be and ROMAN in full
force, except as 10 the proceedings to obtain a
| patent, which shall be similar to the proceedings
prescribed by sections six and seven of this act
for obtaining patents to vein or lode claims but
where said placer claims shall be upon surveyed
lands, and conform TO legal subdivisions, no fur
Their survey or plat shall be required and
all placer mining-claims hereafter located shall
conform az near as practicable with the United
States system of public land surveys and the rec
tangular subdivisions of such surveys, and no
such location shall include more than twenty
acres for each individual claimant, but where
placer-cIaims cannot be conformedt to legal sub
divisions, survey and plat shall be made as on
unsurveyed lands: PrOpided, That proceedings
now pending may be prosecuted to their final de-
termination under existing laws; but the provi-
sious OF this act, when not in conflict with exist
ing laws, shall apply to such cases: And pro
pided also, That where by the segregation Of
mineral land in any legal subdivision a quantity
of agricultural land less than forty acres remains.
said fractional portion of agricultural land may
be entered by any party qualified by law, for
homestead or presumption purposes,
SEC. IL. That where the same person, associa-
ton, or corporation is in possession OF a placer
claim, and also a vein or lode included within the
boundaries thereof, application shall be made for
u patent for the placer claim, with the statement
that it includes such vein or lode, and in such
case Subject to the provisions OF this act ind the
act entitled An act to amend an act granting
/ INT XII VI way " ~ anu Nthhioi WI
the public lands, and for other PURPOSES, y ap-
proved July ninth, eighteen hundred and seven-
ty) a patent shall issue for the placer claim,
including such vein or lode, upon tho payment OF
five dollars per acre for such vein or lode claim,
and twenty-five feet of surface on each side
thereof The remainder of the placer-claim, or
any placer claim not embracing any veiR or
lode claim, shall be paid for at the rate Of two
dollars and fifty cents per acre, together with all
costs of proceedings; and where a vein or lode,
such as is described in the second section OF this
act, is known to exist within the bounda-
ries OF IA placer-claim, an application for a
patent for such placer-claim which does not
include an application for the vein or lode
claim shall be construed as a conclusive
declaration that the claimant of the placer. clam
has no right of possession OF The vein or lode
claim; but where the existence offs vein or lode
in a piacer-cluim is not known, a patent for the
placer claim shall convey all valuable mineral
and other deposits within the boundaries thereof.
SEC. II. That the surveyor general of the
United States may appoint in each land district
containing mineral lands as many competent sur
veyors as shall apply for appointment to survey
mining claims. The expenses of the survey of
vein or lode claims, and the survey and sub-divis-
ions of placer claims into smaller quantities
than one hundred and sixty acres, together with
the cost of publication of notices, shall be
paid by the applicants, and they shall be ut lib
erty to obtain the same at the most reasonable
rates, and they shall also be at liberty to employ
any United States deputy surveyor 10 make the
survey. The Commissioner OF the General Land
Office shall also have power to establish the
maximum charges for surveys and publi-
| clIlOn OF nOUCeS unueT tllS dcLJ ana III
case of excessive charges for publication,
he may designate any newspaper published in
a land district where mines are situated for the
publication # mining-notices in such district,
and fix the rates to be charged by such paper;
and, to the end that the Commissioner may be
fully informed on the subject, each applicant
shall file with the register u sworn statement of
all charges and fees paid by said applicant for
publication and surveys, together with all fees
and money paid the register and the receiver of
the land-ofice, which statement shall be trans
| rnittaI with the other DuDers in the en- SO tn tn
Commissioner of the General Land Onicse
The fees of the register and the receiver.
shall be five dollars each for filing and act
ing upon each application for patent or ad-
verse claim filed, and they shall be allowed
the amount fixed by law for reducing testimo-
ny to writing, when done in the land-ofice, such
fees and allowances to be paid by The respective
parties and no other fees shall be charged by
them in such cases. Nothing in this act shall be
construed to enlarge or affeet the rights Of either
party in regard TO any property IN controversy
at the time OF the passage of this act, or of the
act entitled act granting the right of way to
ditch and canal owners over the public lands,
and for other purposes" approved July twenty,
sixth, eighteen hundred and ~sixty-six, nor shall
this act affect any right acquired uLder said act
and nothing in this act shall be construed to re
peal, impair, OF in any way affect the
provisions of the act entitled IAN act grant
ing to a.. Sutro the right of way and other privi-
leges to aid in the construction of "a drainage and
exploring tunnel to the Comstock lode, in the
State of Nevada, - approved July twenty fifth,
eighteen hundred and sixty-six.
SEC. Is. lnaL iii dnludFllS required 10 De made
under this act, or the act of which it Is amend
atory, may be verified lefore any officer author
lied to administer oaths within the iand-district
where the claims may be situated, and all testi-
mony and proofs may be taken before any
such officer, and, when duly certified by
the officer taking the same, shall
have the same force and effect as if taken
before the register and receiver of the land
In cases of contest As to the mineral or agricul-
tural character of land, the estimony and proofs
may be taken as herein provided on personal
notice OF at least ten days to the opposing party;
or if said party cannot BIO found, then by publ
cation of at least once a week for thirty days IN
u newspaper, to be designated by the register of
the land-ofnce as published nearest to the loca-
ton of such land and the register shall require
proof that such notice has been given.
SEC. IA. That where two or more veins inter.
sect or cross each other, priority of title shall
govern, and such prior location shall be entitled
to MI ore or mineral contained within the space
of intersection: Provided, hoaoeuey, That the sub
sequent location shall have the right of way
through snch space of intersection for the pur-
Aad provided also, That where two or more
veIns unite, the Oldest or prior location shall take
the vein below the point of union, including all
the space of intersection.
SEC. 10. That where non-mineral
land not contiguous to the vein OF lode
for mining or milling purposes, such non
adjacent surface ground may be embraced
and included in an application for a patent for
snch vein or lode, and the same may be patented
herewith, subject TO the same preliminary re-
quirement as 10 survey and notice as are appli-
cable under this act to veins or lodes Provided,
That no location hereafter made of such non.