The Placer herald., 1872-06-08

upon unsurveyed lands, the Surveyor-G
eral, in extending 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 case to interfere with
or change the location Of any such patented
claim.
Sec. 9. That sections one, two, three,
four and six of an Act entitled can Act
granting the right of way to ditch and canal
owners over public lands, and for other pur-
poses," approved July Goth, 1866, are here
by repealed, but such repeal shall not affect
existing rights. Applications for patents for
mining claims now pending may be prosecuted
to 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 issued
under the act of July Goth, 1866, shall con-
vey all the rights and privileges conferred by
this Act where no adverse rights exist at the
time of the passage of this Act.
Sec. 10. That the Act entitled "An Act
to amend an Act granting the right of way
to ditch and canal owners over the public
lands, and for other purposes" approved
July 9th, 1870, shall be and remain in full
force, except as to the proceedings to obi ain
a patent, which shall be similar to the pro.
ceedings 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 further surveys 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 rectangular
subdivisions of such surveys, and no location
shall include more than twenty acres for each
individual claimant; but where placer claims
cannot be conformed to legal subdivisions,
survey and plat shall be made as on unsur-
veyed lands; Prouided, That proceedings
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:
Prorided, also, That where by the segrega-
ton of mineral lands 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
pre-emption purposes,
Sec. II. That where the same person,
association or corporrtion is in possession of a
placer claim, and also a vein or lode included
within the boundaries thereof, application
shall be made for patent for the statement
that it includes such vein or lode, and in
such case (subect to the provisions of this
Act and the Act entitled "An Act to amend
an act granting the right of way to ditch and
canal owners over the public lands, and for
other purposes" approved July 9th, 1870
patent shall be issued for the placer claim,
including such vein or lode, upon the pay
ment of S5 per acre for such vein or lode
claim, and twenty-five feet of surface on each
side thereof The remainder of the placer
claim, any placer claim not embracing any
vein or lode claim, shall be paid for at the
rate of 81 so per acre, together with all
costs of proceedings; and where vein or
lode, such as is described in the second sec
ton of this Act, is known to exist within the
boundaries of 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 VEN
or lode claim; but where the existence OF a
vein or lode in placer claim is not known,
a patent for the placer claim shall convey all
valuable mineral and other deposits within
the boundaries thereof.
Sec, ~, That the Surveyor-General of the
United States may appoint in each land
district containing mineral lands as many
surveyors as shall apply for ap-
pointment to survey mining claims. The
expenses of the survey of vein or lode claims,
and the survey and subdivision of placer
claims into smaller quantities than one hun
dred and sixty acres, together with the cost
of publication of notices, shall be paid by
the applicants, and they shall be at liberty
to obtain the same at the most reasonable
rates, and they shall also be at liberty to
employ any United States Deputy Surveyor
to make the survey. The Commissioner of
the General Land Office shall also have
power to establish the maximum charges for
surveys and publication Of notices under this
Act: and, in case of excessive charges for
publication, he may designate any newspaper
published in a land district where mines are
situated for the publication of 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 a sworn statement of all
charges and fees paid by said applicant for
publications and surveys, together with all
fees and money paid the Register and the
Receiver of the Land Office, which statement
shall be transmitted, with the other papers
in the case, to the Commissioners of the
General Land Office. The fees of the Reg
ster and the Receiver shall be fve-doflars
each for filing and acting upon each applica-
ton for patent or adverse claim filed, and
they shrll be allowed the amount fixed by
law for reducing testimony to writing, when
done by the Land Office, such fees and