Page:United States Statutes at Large Volume 16.djvu/251

FORTY—FIRST CONGRESS. Sess. II. Ch. 230,235. 1870. 217 August 18, 1856, chapter 169, volume 11, page 138. February 5, 1859, chapter 22, volume 11, page 380. February 18, 1861, chapter 37, volume 12, page 130. March 3, 1865, chapter 126, volume 13, page 540. February 18, 1867 , chapter 43, volume 14, page 395. Approved, July 8, 1870. CHAP. CCXXXV. —·An Act to am nd “A` u9 . and Caml Owner: over theepublic Zzcdnjgtgmg; §li]!;:o;.Way M Ditch Be it enacted by the Senate and House of Representatives of the United VDL xm pl 251. Siaies of America in Congress assembled, That the act, granting the S¢¢¤i¤¤S wbé right of way to ditch and canal owners over the public lands, and for gggfd t° f°rm°r other purposes, approved July twenty-six, eighteen hundred and sixty- six, be, and the same is hereby, amended by adding thereto the following additional sections, numbered twelve, thirteen, fourteen, fifteen, sixteen, and seventeen, respectively, which shall hereafter constitute and form a part of the aforesaid act. Sec. 12. And be it fiu·!}zer enacted, That claims, usually called Placer claims “placers," including all forms of deposit, excepting veins of quartz, or l°b° *“bj"°* l" . . entr and atent. other rock in place, shall be subject to entry and patent undér this act, y P under like circumstances and conditions, and upon similar proceedings, as are provided for vein or lode claims: Provided, That where the lands lf lands have have been previously surveyed by the United States, the entry in its gs? ‘;"'gY?d· exterior limits shall conform to the legal subdivisions of the public lands, form); gw? n no further survey or plat in such case being required, and the lands may Price <>f!¤¤d¤· be paid for at the rate of two dollars and fifty cents per acre: Provided further, That legal subdivisions of fbrty acres may be subdivided into Ten-acre ten-acre tracts; and that two or more persons, or associations of persons, l"?:;;t cm of having contiguous claims of any size, although such claims may be less comguousry than ten acres each, may make joint entry thereof: And provided further, claims- _ That no location of v. placer claim, hereafter made, shall exceed one nogwgigxm hundred and sixty acres for any one person or association of persons, one hundmdand which location shall conform to the United States surveys; and nothing °"gYn’_:°*';;d in this section contained shall defeat or impair any bona fide pre-emption Bndoprgfemption or homestead claim upon agricultural lands, or authorize the sale of the rights not ¤if¤c¤· improvements of any bona fide settler to any purchaser. °d‘ Sec. 13. And be it further enacted, That where said person or ass0cia· What evidence tion, they and their grantors, shall have held and worked their said gcf’Q’g‘g§;‘{)‘f;sh claims for a period equal to the time prescribed by the statute of limita- a. right toapnttions for mining claims of the State or Territory where the same may be °¤*• situated, evidence of such possession and working of the claims for such period shall be sufficient to establish st right to a patent thereto under this act, in the absence of any adverse claim: Provided, however, That Egistinglions nothing in this act shall be deemed to impair any lien which may have "°° °°°°d* attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent. _ Sec. 14. And be it further enacted, That all ex parte affidavits E; pam ug;. required to be made under this act, or the act of which it is amendatory, d*Wl*¤· may be verified before any officer authorized to administer oaths wuhm the land district where the claims may be situated. _ Sec. 15. And be it further enacted, That registers and receivers shall t52e23d0g2g;; receive the same fees for services under this act as are provided by law m_ for like services under other acts of Congress; and that effect shall be Regulations to ‘· dino- to such rerrulntions as ma be re- °“""Y“°""*° °f‘ gxven to the foregoing act ae cor g ,, _Y p ML scribed by the commissioner of the general land office. Sec. 16. And be it further enacted, That so much of the act of.Mm·eh lsggrthoflgatw third, eighteen hundred and fifty-three, entitled "An act to provide tot- V0,; x:p_i“'· the survey of the public lands m Calxforma, the granting of pre-eruption repealed.