Los Angeles herald., 1909-12-16
News Of the Mines and Oil Fields
E %
EDITED BY JAMES WYNKOOP

testimony OF two dislnterested witnesses. No
( individual or corporation shall be a party to
final proof proceedings under this act on more
than one claim; provided that If there are
any veins or lodes Of quartz other rock
in place bearing gold, silver cinnabar, lead,
tin, copper other valuable deposits known
to exist at date Of fling such application for
patent, title thereto shall not pass under any
application, entry or patent under the pro-
visions of this act, but are hereby expressly
declared to be reserved therefrom, and such
known veins or lodes shall be subject to To-
cation and entry by any qualified person or
persons under the provisions of the existing
United States mining laws applicable thereto;
provided further, that any declarant who dis
covers any vein or lode bearing asphaltum,
glisonite, eaterite or other like substances
/ within the limits of land included in his
declaration or entry under this act shall have
the preferential right for a period of 80 days
after discovery Of such vein lode within
which TO locate same under the provisions of
the general mining laws of the United states
and must file with the register and receiver
of the land district where the land IS located
copy Of the location notice.
Sec. A.-That upon receiving and filing an
application for patent such notice shall be
given and such proceedings had as are required
for final proof on mineral entry If the
final proofs are satisfactory. patent shall be
issued upon payment to the receiver Of the
sum of S. per acre.
Sec. 5.-That proceedings under this act shall
not give 10 the claimant, before patent any
right to the surface of said land for agTi-
cultural grazing nor for any other purpose
than that permitted by this act. nor the right
TO fence or inclose the land except corrals
for protection Of domestic animals), nor the
right to take any wood or timber therefrOm
except for fuel for domestic purposes used
thereon or in the vicinity of the lands by
those engaged in the development Of the oil
or asphaltum thereon.
Sec. 6.--That during each year after the
filing of said declaration and before final
proof the claimant or his successors in interest
shall pay to the receiver a sum equal to 80
cents per acre of said claim or submit proof
supported by two witnesses, that he has eX-
pended during said year an equal sum in
bona fde effort TO discover and produce oil
or asphaltum on said claim, where there is
no producing we'll or shaft within three miles
of said claim.
Sec. THAT the following shall constitute
an abandonment Of a claim under this act;
First-Failure to make the annual payment
or the expenditure herein required. Failure
TO file proof of such expenditures shall be
prima facie evidence Of failure 10 make
such expenditures
second-Failure TO. apply for patent within
the time specified.
Third-Flling a declaration of abandonment
with the register OF the land office
See. S.-That any one holding and owning
a mining claim for land chiefly valuable for
| oil or asphaltum thereon may abandon said
mining claim and re-enter the same under
this act In the following manner: He shall
execute and deliver to the register of the land
| office an instrument in writing surrendering
anu tpilNtslNE 70 lNe OulLeQ states All MS
right, title and interest In and to said land.
Said instrument shall be executed and ac-
knowledged so as TO be entitled TO be re-.
corded under the laws Of the state where the
| land is situated. Upon delivering said instru-
ment 10 the register together with the fee for
| recording the same in the county wherein the
land is situated, the mining title shall be
eNtingushod and the party surrendering the
title may thereupon make his entry as herein
provided. The register shall Immediately cause
said conveyance to the United States to be
duly recorded in the county where the land
is situated
See. s-That an act entitled AN act 70
authorize the entry and patentnE Of land con-
tanning petroleum and other mineral oils under
the placer mining laws OF the United States"
approved February II, 1897, and all other laws
so far as they allow oil or placer asphaltum
claims upon the public lands in the state of
California, are hereby repealed, but nothing
In this repeal shall affect proceedings hereto
fore begun to acquire title under any Of said
provisions OF law so repealed.