Arizona weekly citizen., 1889-07-27

plat together with notice of such ap
 plication for patent, in conspicuou
 place on the land embraced in such pla
 previous to the filing of the application
 for patent, and shall file an affidavl
 that such plat and notice have been
 duly posted, and shall also file copy O the notice in such land office, and shall
 thereupon be entitled to patent for the land. in the manner following
 The register of the land office
 upon the filing of such applica
 ton, plat, field-notes, notices and affida-
 wits, shall publish notice that such ap
 plication has been made, for the period
 of sixty days, in a newspaper to be by him designated as published nearest tC
 such claim; and he shall also post such
 notice in his office for the same period
 The claimant at the time of filing this application, or at any time thereafter within the sixty days of publication. shall file with the register certificate of the United States surveyor general that five hundred dollars worth of labor has been expended or improvements made upon the claim by himself or grant ors; that the plat is correct, with such further description by such reference to OI llCi as shall identify the claim, and furnish an accurate description, to be incorpo- rated in the patent. At the expiration of the sixty days of publication the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the register and receiver of the pro- per land-office at the expiration of the sixty days of publication, it shall be as- sumed that the applicant is entitled to a patent, and that no adverse claim exists, and upon the payment to the proper officer of five dollars per acre he shall receive a certificate of entry; and there after no objection from third parties to the issuance of a patent shall be heard except it be shown that the applicant has failed to comply with the terms of this chapter. But no more than three thousand feet in length along the vein of claims located prior to the tenth day of May, eighteen hundred and seventy-twO, and not more than the eX- tent of one claim fifteen hundred feet in length by six hundred feet in width To- cated after said date shall be included in the same application for patent. and not more than eighty acresof placer ground shall be included in the same application for a patent"
 SEC. i. That section twenty-three | hundred and thirty-fOur of the Revised | Statutes be amended by adding thereto the following:
 And the surveyors appointed under | tho provisions of this section shall have | power to administer oaths to their assist ants.'
 SEC. ,. That section twenty -threo hundred and thirty five of the Revised | Statutes to be amended so as to read:
 "SEC. 2335. All afiidavits required to )e made under this chapter may be yer fed before any officer authorized to ad- minister oaths in any State or Territory if the United States or in the District of and all testimony and proofs nay be taken before any such officer nd when duly certified by the officer aking the same, shall have the same orce and effect as if taken before the egister and receiver of the land-oifice. n cases of contest as to the mineral T agricultural character of land, the and proofs may be aken, under such regulations g the Commissioner of the ieneral Land Office may prescribe: 'royided, That the presence of rock in laces bearing gold, silver, cinnabar, or ther valuable metal, shall be regarded l s prima facie evidence that the land the same is mineral in char cter; and veins of rock in place bear lg such minerals and appearing on the Irface of the ground. or in excavations lade thereon, shall be regarded within le meaning of section twenty-three undred and thiTty-three of the Revised | tatutes as veins or lodes known to Iist."
 SEC. 6. Amend twenty-three hun red and thirty-eight of the Revised | tatutes so as to read: SEC. 2}3S. As a condition of sale each { atent shall reserve the right of way trough or over any mining claim for )ad, ditcheS, canals, cuts, tunnels, and [ ther eas 'ments, for the purpose of orking other mines: Provided, That | ny damages occasioned thereby shall be ssessed and paid in the manner pro { ded by the laws of the State or Terri ,ry in which such mine is situated for and payments for land taken IT public use under the right of eminent 0main. Ami the rights and easements eretofore reserved under the provisions this section (tWenty-three hundred nd thirty eight of the Revised Statutes)
 patents heretofore issued shall be 'gulated and made available as herein rescTibed."