94 FORTY—SECOND CONGRESS. Sess. H. Ch. 152. 1872. certify the proceedings and judgment-roll to the commissioner of the general•land office, as in the preceding msc, and patents shall issue to the Proof of citi- several parties according to their respective rights. l Proof of citizenship {$:t"g‘1_262_ under this act, or the of July twenty-sixth, eighteen hundred and Vol. xiv. p. 251. sixty-six, and July ninth, eighteen hundred and seventy,_m the case of an v£$70» 9h- 235- individual, may consist of his own aihdavit thereof and m case of an asso- 'X"' p‘217' ciation of persons unincorporated, of the aiiidavit of their authorized agent, made on his own knowledge or upon information and belief and in case of a corporation organized under the laws of the United States, on of any State or Territory of the United States, by the filing of ·a certified I copy of their charter or certincate of mcorporationg and nothing herein _Alie¤¤¤<>n of contained shall be construed to prevent the 8il1Bll2.l}10D of the title conveyed t'°° by P‘“°“°‘ by a patent for a mining-claim to any person whatever. pescription or Sec. 8. That the description of vein or lode claims, upon surveyed Wm clays **3 lands, shall designate the location of the claim with reference to the lmes ggzggwgfm of the public surveys, but need not conform therewith; but where a patent location; shall be issued as aforesaid for claims upon uusurveyed lands, the surveyormQg;‘“S“V°Y°d genertajs in extending the surveys, shall adjust the same the boundaries of su patented claim, according to the plat or description thereof but so as in no case to interfere with or change the location of any such patented claim., 2 §°l_i°g 3f%%r Sec. 9. That sections one, two, three, four, and six of an act entitled 1 I I “ • • ¤ actof 1866, eh. An act granting the right of way to ditch and canal owners over the 262- public lands, and for other purposes," approved July twenty-sixth, eighteen 25¥<>é5giv·`i>p- hundred and sixty-six, are. hereby repealed, but such repeal shall not affect Eff _ _ h existing rights. Applications for patents for mimng-claims now pending not ts may be prosecuted to a final decision in the general land office; 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-· m§::;l:’5l;¥;ljl" claims heretofore. issued under the act of July twenty-sixth, eighteen hun- $8,,,, he,.m,y(,m dred and sixty-six, shall conyey all the rights and privileges conferred by issued. this act where no adverse rights exist at the time of the passage of this act. obltmpeidgnggw l Sec. 10. That the act entitled "A.n act to amend an act granting the under 3, 0;} right of way tc, ditch and canal`owners over the public lands, and for 1870, crisp. 235, other purposes,. approved July ninth, eighteen hundred and seventy, shall xléujtéhp- 217; be and remain in full force, except as to the proceedin(gs to obtain a patent, ,w,,d,,,Bt,,,j,,, which shall be similar to the proceedings prescribe by sections six and sor. seven of this act for obtaining patents to vein or lode claims; ibut where said placer-claims shall be upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer mining·claims hereafter located shall conform as near as practicable with the United States system of public land surveys and the rectangular subdivisions of such smvpys, and no such location shall include more than mmmisims twenty acres for each individual claimant, but where placer·claims cannot F£;g¤S¤¤¤’¤y¤d be conformed to legal subdivisions, surveyeand plat shall be made as on Pmiding PW unsurveycd lands: Provided, That proceedings now pending may beproseceedings. cuted to their final determination under existing laws; but the provisions of this act, when not in conflict with existing laws, shall apply to such Comin agri- cases: And provided also, That where by the segregation of mineral land
- ‘;‘“l')“U“” S in any legal subdivision a quantity of agricultural land less than forty
y e entered . . . . . yo, homestead, acres remains, said fractional portion of agricultural land may be entered &¢·. purpam- by any party qualified by law, for homestead or pre-emption purposes. Proceedings Sec. 11. That where the same person, association, or corporation is in g];£:f:l‘:,:' possession of a placer-claim, and also a vein or lode included within the virion misses 8 boundaries thereof application shall be made for a patent for the placer- '°1¤°¤l°d¤· claim, with the statement that it includes such vein or lode, and in such case (subject to the provisions of this act and the act entitled "An act to amend an act granting the right of way to ditdi and canal owners over
