The Portland daily press., 1872-10-19
ditch and canal owners over tho public suds aud ser

ditch and canal owners ever tho public iauds, aad for
osaer PURPOSES approved July twentysisth eighteen
hundred and sYty-slx, hereby repealed bit sueh
repeal shall not affect existing rights. Applications
for patents for mining g-caims nov pending may he
prosecuted to final decision in the General Land
Office; but in such where adverse rights are
not affected thereby patents may issue in pursuance
OF the provisions OF this act and all patents for min
ing-claims heretofore issued under the act of July
twenty SIXTH eighteen hundred and sixty-sx shall
convey all the rights and privileges conferred by this
act where adverse rights exist at the time of the
passage of this act.
SEC. TO- That the act entitled "An act to amend
act granting the right of way to ditch and canal
owners ole the public lands, and for other purposes'
approved July ninth, eighteen hundred and seventy
shall be and remain in full force, except as 10 tEe
proceedings to obtain patent which shall be similar
to the proceedings prescribed by sections six and
of this act for obtaining patents to vein or lode
claimer but where said placer claims shall he unon
surveyed lands and conform to legal Subdivisions no
further survey plat shall be required and ali nacer
mining-claims hereafter located shall conform as
practicable With the United States system of
public land surveys and the rectangular subdivisions
of such surveys, and no such location shall incnde
more than twenty acres for each individual claim
but where placerclams cannot be conormed to legal
subdivisions, survey and plat shall be made as on
unsurveyed lands: ProDided, That proceedinos no1,
pending may be prosecuted to their final determina
tion under existing laws; but the provisions of This
act when hem not IN conflict with existing laws shall ap
by the segregation of mineral land in any legal snh
division quantity agricultural land less than for
ty remains, sair ractiOnal portion of aarci
tural land may be eat red by any party qualified bv
law, for homestead OF presumption purposes y
SEC IL. That where the same person, association,
corporation is In possession of placer-eaim opd
also vein or lode included within the boundaries
thereof application shall be made for patent for the
placer claim with the statement that 1t includes
such vein or lode and in such case Subject to the
provisions of this act and the act entitled act to
amend act granting the right of way to ditch and
canal owners over the public lands, and for other
PURPOSES approved July ninth, eighteen hundred
and seventy patent shaissue for the pacerclajm
including such vein or lode, upon the payment of five
hOl1 a rQrp for mr. Iofo l,;,,
tytive feet of surface each side thereof The re-
maidder of the placer claim any pacer-claim not
embracing any vein lode claim shall he naiI tr of
the rate of two dollars and fifty cents per acre to
gether with all costs of proceedings; and wbepe a
vein lode such as is described in the second see
ton of this act is known to exist within the
ries of pacer-claim an application for patent for
such placer-cl claim which does include an annl;co
tion for the vein lode cl i'm shall be constr,e s
conclusive declaration that the claimant of the nae
ercaim has right of possession of the vein or lode
claim; but where the existence of a vein or lode in
placer-caim is not known, patent for the placer
claim shall convey all valuable mineral and other de-
posits within the boundaries thereof.
SEC Il. That the surveyor-general of the United
States may appoint in each land district contanirp
mineral lands many competent SURVEYORS as shall
apply for appointment to survey mining claims The
expenses of the survey of vein or loie-ciaims ami
the survey and subdivision of placer-claims into
smaller quantities than one hundred and sixty acres
together with the cost of publication of notices. shall
De PAID by the applicants, and they shall be at
liberty to obtain the same as the most reasonable
rates, and they shall also bs at, liberty to en-
pioy ahy ohinTu otates 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 no
tces under this ac and in of excessiue charges
| for publication, he may designate any newsnafer
published in land district where mines are sitnate
for the publication OF mining notices in such district
ana hx the rates TO be charged by such paper: and
to the end that the Commissioner may be fully inform
ed on the subject each applicant shall file with the
by said applicant for publication and SURVEYS tooetb
er with all tees and money paid the register and the
receiver of the land oice, which statement shall be
transtted with the other papers in the case to the
| Commissioner of the General Land Office The fees
OF the register and the receiver shall be five dollars
each for ming and acting upon each application for
patent or adverse claim fled and they shall be al
lowed the amount fixed by law for reducing testimo
ny to writing, when done in the d-ofce such fees
and other fees shall be charged by them in snct
cases. Nothing in tt is act shall be construed to en-
large or affect the rights of either party regard tO
any property in controversy at the time of the pas
sage of this act of the act entitled An act
ing the right of way to ditch and canal owners owe,
the public lands and for other PURPOSES approved
July twenty-slxth, eighteen hundred and sixty-sx
nor shall this act affect any right acquired undei
said act; and nothing in this act shall be construed
to repeal IMPAIR or in any way affect the provisions
OF the act entitled IAN act granting to A Sutro the
right OF way and other privileges TO aid in the con-
struction OF draining and exploring tunnel to the
| Comstock lode in the State of Nevada'' approved
July twenty fifth eighteen hundred and sixtv-six
| SEC 13. That all affidavits required to be made
under this act or the act of which it is amendatory
minister oaths within the land-dstrict where the
claims may be situated, and all testimony and proofs
may be taken before any such officer, and when duly
certified by tho officer taking the same shall have
the same force and effect taken before the regis
ter and receiver of the land-ofce. In cases of con
test as to the mineral OF agricultural character Of
land the testimony and proofs may be taken as here
IN provided on personal notice of least ten days tc
the opposing party or if said party be found
then by publication of at least once week for thirty
days in newspaper to be designated by the regise,
OF the and-ofce published nearest to the Location
Of such land and the register shall require moo
that such notice has been given Paw
SEC. ii. That where two or more veins intersect
or cross each other priority of title shall govern ami
such prior location shall be entitled to all ore or min
eral contained within the space of intersection.
ProUtded, hotUeCer, That the subsequent location
snail nave the right of way through said space of in
for the purposes of the convenient workine
OF the SAID mine: .Aad proUided also, That wbere
Two or more veins nnite the oldest prior location
shall take the vein below the point of union incuJ
ng all the space of intersection.
SEC. Is. That where non- mineral land not conto
uous TO tile vein or lode is used oeeuied nv the
proprietor of such vein lode for mining or milline
included in an ancataD oqnq nr may b
i0r such vein lodc sno may be nafented
epts ~ 3 subject to the same preliminary require
nehts as TO survey and notice applicable nm
der this act to veins lodes: Provided That no To-
cation hereafter made of such non-adjacent land
must be made at the same rate as fixed by this aei
Tor the snlperficies of the lode. The owner of a
quartz-mill OF reducion-works not owning a mine
in connection Herewith, may ais receive patent
for his ml-site, provided in this section
SEC TO- That all acts and parts of acts inconsst-
nothing contained in this act shall be Construed tn
impair, in any way, rights interests in minn
property acquired under existing laws.
j. G. BLAINE,
Speaker Of the House of Representatires
SCHUYLER COLFAX
pice President Of the United States and President
OF the Senate,
Approved May 10, 1872.