Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-07-24

land. in the manner following: The
register of the land office, upon
the filing OF such application,
plat, field notes, notices, and a6ida-
Wits, shall publish notice that such al-
plication has been made, for the period of
sixty days, in newspaper to be by him
designated as published nearest to such
claim and he shall also post such notice
in his Office for the same period. The
claimant at the time Of filing this appli-
cation, or at any time thereafter within
the sixty days OF publication, shall file
with the register certificate OF the United
States surveyor general that $500 worth
of labor has been expended or improve
ments made upon the claim by himself or
grantors; that the plat is correct, with
such further description by such reference
to natural objects or permanent monu-
ments as shall identify the claim, and
furnish an accurate description, to be in
cOrporated in the patent At the explra-
ton 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 reg
lister and receiver of the proper land Office
at the expiration of the sixty days of pub
LEGATION, it shall be assumed that the APP
plicant is entitled TO patent, and that
no adverse claim exists, and upon the
payment to the proper officer OF IS per
acre he shall receive certificate of entry /;
and thereafter no objection from third
parties to the issuance of patent shall
be heard except it be shown that the ap-
plicant has failed to comply with the
terms of this chapter. But no more than
5000 feet in length along the vein of
claims located prior to the 10th day of
May, 1872, and not more than the extent
of one claim 1900 feet in length by 600
feet in width located after said date shall
be included in the same application for a
patent, and not more than eighty acres of
placer ground shall be included in the
same application for q patent"
Sec. 4. That section 1884 OF the Re-
vised Statutes be amended by adding
thereto the following: "And the sur
veyors appointed under the provisions OF
this section shall have power to admins
ter oaths to their assistants"
Sec. 5. That section 1886 of the Re-
vised Statutes be amended SO as to read ::
"Sec. 1886. All atfidavits required to be
made under this chapter may be verified
before any officer authorized to admins
ter oaths in any state or territory OF the
United States or in the District of Column
bia, and all testimony and proof may be
taken before my such officers, and when
duly certified by the officer taking the
same, shall have the same force and effect
as if taken before the register and re-
ceiver OF the land Office. In cases of con-
test us to the mineral or agricultural
character of land, the testimony and
proofs may be taken, under such regu-
lations as the commissioner OF the
general land office may prescribe: Pro-
vided, That the presence of rock in place
bearing gold, silver, cinnabar, or other
valuable metal, shall be regarded as
prima facie evidence that the land con-
tanning the same is mineral in character ;
and veins of rock in place bearing such
minerals and appearing on the surface OF
the ground, or in excavations made
thereon, shall be regarded within the
meaning of section 1888 of the Revised
Statutes as veins or lodes known to ex-
ist.'
Sec. 6. Amend section 1888 of the
Revised Statutes 80 rs to read: "Sec.
1888. As condition of sale each patent
shall reserve the right of way through or
over any mining claim for roads, bitches,
canals, cuts, tunnels, and other ease
ments, for the purpose Of working other
mines: Provided, That any damages
occasioned thereby shall be assessed and
paid in the manner provided by the laws
OF the state or territory in which such
mine is situated for assessments and pay
ments for land taken for public use under
the right of eminent domain. And the
rights and easements heretofore reserved
under the provisions OF this section (233e
OF the Revised Statutes) in patents here
tofore issued shall be regulated and made
available as herein prescribed.