Page images
PDF
EPUB

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

homesteads

lands designat

valuable mines

have been

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 in which no made by citizens of the United States, or persons who of gold, etc., have declared their intention to become citizens, which found, etc., may pre-empt homesteads have been made, improved and used for the same, etc. 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 them as 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.

steads.

lands clearly

apart and made emption and

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

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 Sections to be 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

er act.

Placer claims to entry and

to be subject

patent.

been surveyed,

form, etc.

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 called "placers," including all forms of deposit, excepting 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 proceedings, as are provided for vein or lode claims: ProIf lands have vided, That where the lands have been previously surentry to conveyed 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 Joint entry of 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, hereafter made shall exceed one hundred and sixty acres for any one person or association of persons, which 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 affected. chaser.

contiguous

claims.

Placer claims

not to exceed one hundred

and sixty acres

Homestead

What evidence of possession

lish a right to a patent.

SEC. 13. And be it further enacted, That where said person or association, they and their grantors, shall have etc., to estab held and worked their said claims for a period equal 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 lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent.

Existing liens not affected.

davits.

SEC. 14. And be it further enacted, That all ex parte Ex parte affiaffidavits 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.

Fees of regisvers.

ters and re

SEC. 15. And be it further enacted, That registers and receivers shall receive the same fees for services under 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.

carry act into

1853, sec. 3, re

mineral lands.

SEC. 16. And be it further enacted, That so much of the Part of act act of March third, eighteen hundred and fifty-three, pealed. 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 Public 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 edmto 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.

how subdivid

lands need not

red by certain

sections of tended, etc.

former act ex

Vested and ac

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 granted, or pre-emption or homesteads allowed, shall be 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.

rights secured.

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
« PreviousContinue »