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damage shall be liable to the party injured for such injury or damage.

SEC. 10. And be it further enacted, That wherever, prior Owners of to the passage of this act, upon the lands heretofore made upon designated as mineral lands, which have been excluded ed as mineral

, from survey and sale, there have been homesteads valuable mines made by citizens of the United States, or persons who soldeento, have declared their intention to become citizens, which found, etc., homesteads have been made, improved and used for the same, cio. agricultural purposes, and upon which there have been no valuable mines of gold, silver, cinnabar, or copper discovered, and which are properly agricultural lands, the said settlers or owners of such homesteads shall have a right of pre-emption thereto, and shall be entitled to purchase the same at the price of one dollar and twenty-five cents per acre, and in quantity not to exceed one hundred and sixty acres; or said parties Or may take may avail themselves of the provisions of the act of the audeas homeCongress approved May twenty, eighteen hundred and sixty-two, entitled “An act to secure homesteads to actual settlers on the public domain," and acts amendatory thereof.

Sec. 11. And be it further enacted, That upon the sur- Upon survey, vey of the lands aforesaid, the Secretary of the Interior agricultnral may designate and set apart such portions of the said may be set

apartapd made lands as are clearly agricultural lands, which lands subject to preshall thereafter be subject to pre-emption and sale as sale. other public lands of the United States, and subject to all the laws and regulations applicable to the same.

lands clearly

An Act to amend An Act granting the Right of

Way to Ditch and Canal owners over the public
Lands and for other purposes.

(Approved, July 9, 1870.) Be it enacted by the Senate and House of Representatives of the United Statee of America in Congress assembled, That the act granting the right of way to ditch and canal added to formowners over the public lands, and for other purposes, approved July twenty-six, eighteen hundred and sixty

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form, etc.

Joint entry of contiguous claims.

six, be, and the same is hereby, amended by adding thereto the following additional sections, numbered twelve, thirteen, fourteen, fifteen, sixteen, and seven teen, respectively, which shall hereafter constitute and form a part of the aforesaid act.

Sec. 12. And be it further enacted, That claims, usually Placer elains called "placers," including all forms of deposit, exceptto entry and ing veins of quartz, or other rock in place, shall be

subject to entry and patent under this act, under like circumstances and conditions and upon similar pro

ceedings, as are provided for vein or lode claims: ProIf lands have vided, That where the lands have been previously sur

, entry to coneveyed by the United States, the entry in its exterior

limits shall conform to the legal subdivisions of the public lands, no further survey or plat in such case

being required, and the lands may be paid for at the Price of lands. rate of two dollars and fifty cents per acre: Provided

further, That legal subdivisions of forty acres may be Ten-acre tracts subdivided into ten-acre tracts; and that two or more

persons, or associations of persons, having contiguous claims of any size, although such claims may be less than ten acres each, may make joint entry thereof:

And provided further, That no location of a placer claim, Placer claims hereafter made shall exceed one hundred and sixty not to exceed acres for any one person or association of persons, which and sixty acres location shall conform to the United States surveys;

and nothing in this section contained shall defeat or or impair any bona fide pre-emption or homestead

claim upon agricultural lands, or authorize the sale of and pre-emp, the improvements of any bona fide settler to any purtion rights not

chaser.

Sec. 13. And be it further enacted, That where said perof possession

son or association, they and their grantors, shall have etc., to estab held and worked their said claims for a period equal a patent to the time prescribed by the statute of limitations 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 a right to a patent thereto under this act, in the absence of any adverse claim: Provided, however,

That nothing in this act shall be deemed to impair any Existing liens

lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent.

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Sec. 14. And be it further enacted, That all ex parte Ex parte afiaffidavits required to be made under this act, or the act of which it is amendatory, may be verified before any officer authorized to administer oaths within the land district where the claims may be situated.

Sec. 15. And be it further encicted, That registers and lees of regisreceivers shall receive the same fees for services under leisers. this act as are provided by law for like services under other acts of Congress; and that effect shall be given to the foregoing act according to such regulations as Regulations to may be prescribed by the commissioner of the general effect. land office.

Sec. 16. And be it further enacted, That so much of the Part of aut act of March third, eighteen hundred and fifty-three, pealedo entitled “An act to provide for the survey of the public lands in California, the granting of pre-emption rights and for other purposes," as provides that none Publio surveys other than township lines shall be surveyed where the extended over lands are mineral, is hereby repealed.

And the public surveys are hereby extended over all such lands: Provided, That all subdividing of surveyed lands into Surveyed lands lots less than one hundred and sixty acres may be ed into lots,etc. done by county and local surveyors at the expense of the claimants: And provided further, That nothing herein contained shall require the survey of waste or useless lands.

Sec. 17. And be it further enacted, That none of the Waste, etc., rights conferred by sections five, eight, and nine of the be surveyed. act to which this act is amendatory shall be abrogated by this act, and the same are hereby extended to all Rights conferpublic lands affected by this act; and all patents grant- former acfered, or pre-emption or homesteads allowed, shall be tended, etc. subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with crued water such water rights as may have been acquired under or recognized by the ninth section of the act of which this is amendatory. But nothing in this act shall be construed to repeal, impair, or in any way affect the provisions of the “Act granting to A. Sutro the right Act of 1866, not of way and other privileges to aid in the construction affected. of a draining and exploring tunnel to the Comstock lode, in the State of Nevada," approved July twentyfifth, eighteen hundred and sixty-six.

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