Page:United States Statutes at Large Volume 18 Part 1.djvu/500

 428 Trrna xxx11.—THE PUBLIC LANDS.——Ch. 6. _P¢¤di¤8¤PPl$•=¤· Sec. 2328. Applicationsforpatentsforminingyclaims underformerlaws t}°“‘i °x‘“'”°€ now pending may be prosecuted to a hnal decision in the General Land- IL. Office; but in such cases where adverse rights are not_affected thereby, 10 MMG 1878 ¤· patents may issue in pursuance of the provisions of this chapter; and all 15g*}%;‘1fé./tg  patents for mining-claims upon veins or lodes hcretofpre issupld shall . ’ _ ’conve all the rights and privileges conferred by this c apter w ere no 91, L-mp 52 advergre rights existed on the tenth day of May, eighteen hundred and seventy-two. _ Conformity of Sec. 2329. Claims usually called"placers,"includingall forms of deposit, Pl“°°"‘°l““P* *0 excepting veins of q_uartz, or other rock in place,_ shall be subject t0·en_try °u"°y°’h"m°f‘ and patent, under like circumstances and conditions, and upon similar 9 July. 1870. c- roceedings, as are provided for vein or lode claims; but where thelands gi? 8- 12»"·16·P· have been previously surveyed by the UnitedStates, the entry IH its ' exterior limits shall conform to the legal subdivisions of the public lands. Subdivisions of Sec. 2330. Legal subdivisions of forty acres maybe subdivided into ten t¤¤·}¤=¤'€ trwts; acre tracts; and two or more persons, or associations ot pgrsons, having {““X;i"‘l:‘sm°fPl""°’ contiguous claims of any size, although such claims may less than ten 2;;* - acres each. may makejoint entry thereof; but no l0("ilt1OI1 of a placer-claim, 9 ·l¤lY» 1870, ¢· made after the ninth day of Jul, eighteen hundred and seventy, shall 235* S‘12*"‘ 16* p' exceed one hundred and sixtv acjres fir any one person or association of 2U' persons, which location shalli conform to the United States survegp: and nothing in this section contained shall defeat or impair any bona- e preemption or homestead claim upon a ricultural lands or authorize the sale of the improvements of any bonahge settler to anylpurchaser. Conformity of Sec. 2331. _ Where placer-claims are upon surveye lands, and conform glgggggcllxxiig tciiegal subdivisions, no fiégthpr sugvey op pllat spa? be regluiredilang ag ’ p cer-mining claims locat a tert e tent ayo N ay, eig teen un re and seventy-two, shall conform as near as pjracticable with the United 15é°S];i6‘Y;11f;)2bg· States system of public-land surveys, anld the rectangular subdivisions jj ; ‘ ’ j  of such surveys and no such location s al include more than twenty ,,_i’9,;i/5g7am9i acres for each individual claimant; but where placer-claims cannot be conformed to legal subdivisions survey and plat shall be made as on unsurveyed lands; and where by ’the segregation of mineral land in any legal subdivision a quantity of agricultural land less than forty acres remains such fractional ortion of a ricultural land ma be entered b » _ P g _ Y Y any party qualified by law, for homesteador pre—emption purposes. {What evidezice h bug 2332.dlVhe;e(.;:uplh pexison 01% associationé they and t leir grantors, 0 P°¤¤°¤F1°¤», °-- ave e an wor e their c aims or a perio equa to the time pre- "° “i“bh°h"'8ht scribed bv the statute of limitations for minincr-claims of the State or Ti r- 232 Jul}; 187% °· working of the claims for such p_eriod shall be sufficicnt to establish a 21`Q: E' ’ V' ’ p' right to a patent thereto under this chapter, in the absence of any adverse claim; but nothing in this chapter shall e deemed to impair any lien which may have attached in any way whatever to any min‘ng-claim or property thereto attached prior to the issuance of a patent. Proceedings for Sec. 2333. Where the same person, association. or co oration is in pptent LOT P ¤¢<¤'· possession of a placer-claim, and also a vein or lode inclifded within the 351fLn 5;; oundaries thereof, application shall be made for a patent; for the placer- 10 May, 1872, c. claim, with the statement that it includes such vein or lode, and in such 152,¤.11,v-17.9-94- case a patent shall issue for the placer—claim sulfcct to the i‘0viSi0¥lS 5 May me c. - ·. . * J P 9,, v_ 19,*}, 52] of this chapter, including such vein or lode, upon the payment of five ‘ dollars per acre for such vein or lode claim, and twenty-five fcct of surface on each side thereof. The remainder of the placer-claim, or any placer—cla1m not embracinig any vein or lode~claim, shall be paid for at the rate of two dollars an fifty_cents per acre, together with all costs of proceedings; and where a vein or lode, such_ as is described in sect10D twenty-three hundred and twenty, is known to exist within the boundaries of a placer—cla1m, an application for a platent for such placerclaim which does not include an application for the vein or lode claim shall be construed as a conclusive eclaration_ that the claimant of the placericlaim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer-claim is not known, a patent
 * .‘1€‘!£‘ir.e ritory where the same may be situated, evidehce of such possession and