Page:United States Statutes at Large Volume 17.djvu/135

 FORTYâSECOND CONGRESS. Sess. II. Ch. 152. 1872. 95 the public lands, and for other purposes," approved July ninth, eighteen hundred and seventy) a patent shall issue for the placer-claim, including such vein or lode, upon the payment of five dollars per acre for such vein or lode claim, and twenty-five feet of surface on each side thereofl The remainder of the placer-claim, or any placer-claim not embracing any vein or lode claim, shall be paid for at the rate of two dollars and fifty cents per acre, together with all costs of proceedings; and where a vein or lode, such as is described in the second section of this act, is known to exist within the boundaries of a placer-claim, an application for a patent for Etfectofpatent such placer-claim which does not include an application for the vein or fÂ°â Pl*Â°â¬'Â·Â°laim lode claim shall be construed as a conclusive declaration that the claimant of the placer-claim has no right of possession of the vein or lode claim; daries. but where the existence of a vein or lode in a placer-claim is not known, a patent for the placer-claim shall convey all valuable mineral and other deposits within the boundaries thereof Sec. 12. That the surveyor-general of the United States may appoint Surveyorin each land district containing mineral lands as many competent sur- Â§ââÂ°{;lQ;âZMh veyors as shall apply for appointment to survey mining-claims. The dixgct compa. expenses of the survey of vein or lode claims, and the survey and sub- Â¢Â¤Pf_Â¤Â¤rV<>>{<>rS of division of plaeer-claims into smaller quantities than one hundred and mmmg`Â°1MmÂ°Â°â sixty acres, together with the cost of publication of notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the Expwscsof most reasonable rates, and they shall also be at liberty to employ any 8*3* Â°f United States deputy surveyor to make the survey. The commissioner Cenimissieneiof the general land office shall also have power to establish the maximum Â°ft;â;Â·o';$l;âmÂ°â¬ W charges for surveys and publication of notices under this act; and, in case 3,,,, 5,,,,l;2;1` of excessive charges for publication, he may designate any newspaper pub- &cÂ· lished in a land district where mines are situated for the publication of mining-notices in such district, and fix the rates to be charged by such paper; and, to the end that the commissioner may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by said applicant for publication and surveys, Applicant fg together with all fees and money paid the register and the receiver of the HM  ******:1 ned-emee, which easement shall be transmitted, with the other papers in gâ{Â§,*;gÂ§S_ "S âÂ° the mise, to the commissioner of the general land office. The fees of Fees of registhe register and the receiver shall be five dollars eaeh for filing and acting m md "Â°Â°Â°â'Â°"Â· upon each application for patent or adverse claim filed, and they shall be allowed the amount fixed by law for reducing testimony to writing, when done in the land-office, such fees and allowances to be paid by the respective parties; and no other fees shall be charged by them in such cases. Nothing in this act shall be construed to enlarge or affect the rights of Adverse rights either party in regard to any property in controversy at the time of the Â¤l;>F Â¤*l"Â°Â¤*Â°d bi passage of this act, or of the act entitled â An act granting the right of way t is Z"' to ditch and canal owners over the public lands, and for other purposes," approved July twenty-sixth, eighteen hundred and sixty-six, nor shall this act affect any right acquired under said act ; and nothing in this act shall be construed to repeal, impair, or in any way affect the provisions of the _ _ act entitled "An act granting to A. Sutro the right of way, and other acfzgvlgglsczf privileges to aid in the construction of a draining and exploring tunnel to 2447 v01_ xiv, the Comstock lode, in the State of N evada," approved July twenty-iiiih, 242. not Â¤il"Â¤<=fÂ¢d eighteen hundred and sixty-six. hÂ°rÂ°by` Sec. 13. That all adidavits required to be made under this act, or the act Amdayits of which it is amendatory, may be verified before any officer authorized to &dâ¬;_l*l**SbÂ°Â·Â°Â°Â¤ administer oaths within the land-district where the claims may be situated, vegigeging t,,, and all testimony and proofs may be taken before any such officer, and, timmy &<>-, when duly certified by the officer taking the same, shall have the same :llâ:;;_lâÂ°fÂ°'Â° force and effect as if taken before the register and receiver of the landoffice. In cases of contest as to the mineral or agricultural character of Testimony in land, the testimony and proofs may be taken as herein provided on per- <=Â¤Â¤*â¬Â¤*Â¤ MW