Wilmington daily commercial., 1873-04-07
oFFIolAL..
LAWS OF THE UNITED srArEs
CHAPTER CLIII.

belonging 70 the United States, both surveyed an
unsufVeyed,are hereby declared to be free and ope
70 exploration and purchase and the lands 4
Wnich they are found 10 occupation and purchase
~ Sltlzens Of the United states and those who hav
regulations prescribed BY law, and according TO th
local customs or rules o. miners in the several mi
ming districts 50 far as the same are applicable ant
not incOnalstent with laws OF the United States
$50 That where an adverse claim shall be nlet
during the period OF publication, it shall be upOI
oath 6f the person or persons making the ans
shall show the nature, boundaries and extent ol
such adverse claim, and all proceedings, except the
except tho publication OF notice and making and
Ming OF the affidavit thereof shall be stayed upi
the controversy shall have been settled or decided
by court OF common Jurisdiction, or the adverse
claim waived IL shall be the duty of the adverse
claimant within thirty days after nng his claim.
70 commence proeeedings IN court Of common
Uf p session and prosecute the same with reason.
aDle diligence to.nnal Judgment; and failure 80
10 40 Hhall be waiver OF his adverse claim, After
such Judgment shall have been rendered the party
entitled 10 the possession Of the claim OF any por-
non tnefeoi, may, without giving further notice,
register OF the land Oce, together with the cert-
ncate OF the surveyor general that the requisite
amount OF labor has been expended, or improve
manls made thereon, and the descrip ion REQUIRED
In other cases, and shall pay 10 the receiver nye
dollars per acre for his claim together with the pro-
per fees, whereupOn the whole proceedings and the
judgment roll shall be certified blythe register TO the
commissioner Of the general land once and pat
ent snau Issue thereon for the claim, such pOr-
lion thereof as the applicant shall appear from the
decison OF the court 70 rightly possess II 1t shall
parties are entitled TO separate and different nor
lions OF the claim each party may pay for his por-
S4 az Iae sna SS WITH ne proper fees and e the
whereupou the register shall certify the proceedings
and Judgment roll 60 the commissioner Of the gene
Thl land ONCE, as In the preceding case, and paten
shall issue 10 the several parties according TO their
respective rights Proof OF citizenship under this
act, or the acts OF July twentysxth eighteen hun.
dred and sixty.six, and July ninth. eighteen han-
dred and seventy, In the case OF an Individual may
consist OF his own afildavt thereof and in case OF
auni M agaaN Na...
anidavlt OF their authorized agent made on his own
knowledge or upon information and belief, and in
case OF corporation organized under the laws OF
the United States, by the ling OF certified copy
OF their charter or certificate OF incorporation; and
notnlsg herein contained shall be construed to pre-
for mining claim TO any person whstever
SIC That the description OF vein or lode claims
upon surveyed lands, shall designate the location OF
the claim with reference to tle lines of the public
veys,but need not conform herewith but where
patent shall be issued as aforesaid for claims upOn
unsurveyed lands thesurveyo orige eral in extending
the surveys, shall adjust the same to the bounda-
RES OF such patented claim, according to the plat
or description thereof but 80 az In no case to inter-
ented claim
sE0 That sections one, two three, four, and six
OF an act entitled IAN act gsnting the right Of way
TO ditch and canal owners the public lands and
lor other purposes" approved July twenty sixth,
eighteen huudred and siXty-six, are hereby repeal
ga, but such repeal shall not affect existing rights
Applications for patents for mining claims now
pending may be prosecuted to a final decision In the
general land Ofce: 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
ne act OF July tWenty-slxth, eighteen hundred and
slx, shall convey all the rights and privileges CON
ierred by this act where 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 10 ditch and canal
owners over the public lands and for other purpO-
ies," approved July ninth, eighteen hundred and
evenly snail ne and remain In full force, except
% the proceedings to obtain patent viii n shall be
similar To the proceedings prescribed by sections |
SIX and seven OF this act for obtain patents TO
leln or lode claims; but where said placer claims
shall be upon surveyed lands and conform to legal
no further survey or plat shall be re-
luired and all placer m ming claims hereafter loca.
"a shall conform as near as practicable with the |
United states system OF public land surveys and the
rectangular subdivisions OF such surveys and no |
uCh location shall include more than twenty acres
or each individual claimant, but where placer |
laims cannot he eOnformed to legal subdivisions
urVey and plat shall be made as on unsurveyed |
ands; Provided, That proc edings now penoing |
nay be prosecuted to their final determinat on uh-
er existing laws but the provisions Of this act |
Vhen not In conflict with exisung laws shall apply |
0 such cases. And Provided also, That where by |
ne segregation OF mineral land In any legal suhd-
islOn quantity OF agricultural land less than forty
creH remanssa fractional portion Of agricultural
and may be entered by any party qualified by law |
Dr homestead or presumption purposes Il
SIC IL That,where the same person. association |
corporation ls In possession OF placer claim, and
lso vein or lode included within the boundaries
nereof, application shall be made 10 patent for |
he placerclam, with the statement that Il Includes
ueh vein or lode, and In such (subject TO the
. amend an act granting the right OF way to ditch
nj canal owners over the public lands and for
ther purposes" approved July niuth, eighteen hum
red and seventy patent shall issue for the pla-
er-claim Including such vein or lode upon the
ayment OF hve dollars per acre for such vein or
and twenty-five feet ofsurfaceon eachside
lereOi. The remainder OF the Placier-clam, or any
la"ier-claim not embracing any vein or lode claim
ha be paid for at the rate Of two dollars and 1fty
ents .er acre, together with all costs OF proceed
lgs and where vein or lode, such as is described
ihe second section OF this act, is known to exist
on lOr patent for such placer-claim which does I
OF include an application for the vein lode claim
nail be construed as conclusive declaration that
lie claimin mt Of the pacier claim has no right OF I
ossession Of the vein or lode claim but where the
astehce oi VEIN or lode In plaeier-clalm is not
nown, patent for the placier-claim shall cOnvjy
oundaries thereof n
SKC. H. That the surveyor. General OF the United ~
lates may appoint in each land district containing
lhersi land as many competent surveyors as shall
p ppy LOT appointment to survey mining claims o.
ne expenses OF thA survey OF vein or lode claims
ld the survey and subdivision OF placier-claims n
lto smaller Quantities than one hundred and sixty
,Ies' Iogether with the cost OF publication of no.
ces, small be paid by the applicants and they shall
~ liberty 10 obtain the same at the most.reasona.
rHtes, ah1 they shall ass be at liberty to employ
~ ohted states deputy surveyor to make the sur
~; Ine commissioner OF the general land of1ce
lal also nave power TO establish the maximum
laIRes Tor surveys and publication of notices un-
y luis act and In case of excessive charges for
\ lsDllGation, he may designate any newspaper pub
ihed In land district where mines are situated
v tne publication OF mining notices in Auch dis |
lct anu nXed the rates TO Do charged by such and
Y enc that the commissioner may be fIilly inform
/ On the subject each applicant shall file with the
Blster sworn statement Of all charges and fees |
va by said applicant for publication and surveys,
Betner WIN all fees and money paid the register |
ID the receiver Of the land oflce, which abatement
hl De transmitted, with the other papers IN the
Sc u tns commissioner of the general land office.
10 Iees OF the register and the receiver shall be
~ dollars each for nling and acting upon each ap-
icnuon TOT patent or ADVERSE claim filed, and they
AL ne allowed the amount fixed by law for Tetluc.
testlhony 10 writing, when done in the land
nee, such Tees and allowances TO be paid by the
spectlve parties; aud no other fees shall be char
"a by them In such casea. NOthing In this act |
all be construed to enlarge or affect the rights Of
-ner party IN regard TO any property in conrOyer-
at tne Time OF the passage OF this act, or OF the ~
J ehtltled An act granting the right of way TO
tih ana canal owners over the public lands, and
other PURPOSES approved July twenty sixth | 8
ghteen hundred and sixty-six, nor shall this act
Iect any right acquired under said act; and moth
ln Ihls act slalf be construed to repeal impair
IN any way anect the provisions Of the act entl-
% AN act granting to A, SutrO the right OF way C
"a other privileges 10 aid In the construction Of
aiming aud exploring tunnel to the Comslock lode
Lhe state OF Nevada approved July tWenty-nfth Ga
5hteen hundred and sixty-six 1a 3a
oEO ~. That all a1ldAvits required to be made 5r
uer thls act or the act OF which 1t Is aRendatOry ~
ay Oe Yerl1ed before any Oicer authorized 10 ad-
MISTER oaths within tile land district where the
llhs may be situated, and all testimony and proofs
ny De taken before any such oficeT, and when du-
certified by the oifer taking the same shall have Tel
same force and elect as II taken before the stt
gster and receiver OF the land Ofce In cases OF sh
hest as 10 the miner or agricultural character of ke
~ tne testimony and proof may be taken as here tu
provided on personal notice OF at least ten days an
tne opposing party: or, II said party cannot be te'