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In defining the size of a mineral claim it shall be measured horizontally, irrespective of inequalities of the surface of the ground.
“ SEC 23. That a mineral claim shall be marked by two Demarcation posts, placed as nearly as possible on the line of the ledge or vein, and the posts shall be numbered one and two, and the distance between posts numbered one and two shall not exceed three hundred meters, the line between posts numbered one and two to be known as the location line; and upon posts numbered one and two shall be written the name given to the mineral claim, the name of the locator, and the date of the location. Upon post numbered one there shall be written, in addition to the foregoing, ‘Initial post, the approximate compass bearing of post numbered two, and a statement of the number of meters lying to the right and to the left of the line from post numbered one to post numbered two, thus: 'Initial post. Direction of post numbered two
meters of this claim lie on the right and
meters on the left of the line from number one to number two post. All the particulars required to be put on number one and number two posts shall be furnished by the locator to the provincial secretary, or such other officer as by the Philippine government may be described as mining recorder, in writing, at the time the claim is recorded, and shall form a part of the record of such claim.
“ Sec. 24. That when a claim has been located the holder Marking lines shall immediately mark the line between posts numbered one and two so that it can be distinctly seen. The locator shall also place a post at the point where he has found minerals in place, on which shall be written ‘Discovery post: Provided, That when the claim is surveyed the sur- Proviso. veyor shall be guided by the records of the claim, the sketch plan on the back of the declaration made by the owner when the claim was recorded, posts numbered one and two, and the notice on number one, the initial post.
een 10cateu LITE 110cl of claims.
“ EXAMPLES OF VARIOUS MODES OF LAYING OUT CLAIMS.
Examples of laying out claims.
Removal of 6 Sec. 25. That it shall not be lawful to move number ful.
one post, but number two post may be moved by the deputy mineral surveyor when the distance between posts numbered one and two exceeds three hundred meters, in order to place number two post three hundred meters from number one post on the line of location. When the distance between posts numbered one and two is less than three hundred meters, the deputy mineral surveyor shall have no authority to extend the claim beyond num
ber two." Fractional “ SEC. 29. That no mineral claim which, at the date of Declaration. its record, is known by the locator to be less than a full
sized mineral claim, shall be recorded without the word “fraction’ being added to the name of the claim, and the application being accompanied by an affidavit or solemn declaration made by the applicant or some person on his behalf cognizant of the facts: That the legal posts and notices have been put up; that mineral has been found in place on the fractional claim proposed to be recorded; that the ground applied for is unoccupied by any other person. In the said declaration shall be set out the name
of the applicant and the date of the location of the Description. claim. The words written on the posts numbered one
and two shall be set out in full, and as accurate a de
scription as possible of the position of the claim given. Sketch plan. A sketch plan shall be drawn by the applicant on the
back of the declaration, showing as near as may be the position of the adjoining mineral claims and the shape and size, expressed in meters, of the claim or fraction
desired to be recorded: Provided, That the failure on compliance the part of the locator of a mineral claim to comply with With regula- any of the foregoing provisions of this section shall not
be deemed to invalidate such location if, upon the facts, it shall appear that such locator has actually discovered mineral in place on said location and that there has been on his part a bona fide attempt to comply with the provisions of this Act, and that the nonobservance of the formalities hereinbefore referred to is not of a character calculated to mislead other persons desiring to locate
claims in the vicinity.” Recording “ SEC. 31. That every person locating a mineral claim
shall record the same with the provincial secretary, or
corded within the prescribed period shall be deemed to have been abandoned.”.
“ SEC. 36. That the United States Philippine Commis- Mining regusion or its successors may make regulations, not in con-'require flict with the provisions of this Act, governing the loca- ments. tion, manner of recording, and amount of work necessary to hold possession of a mining claim, subject to the following requirements:
“ On each claim located after the passage of this Act, Assessments. and until a patent has been issued therefor, not less than two hundred pesos' worth of labor shall be performed or improvements made during each year: Provided, That Proviso: upon a failure to comply with these conditions the claim noncompliance or mine upon which such failure occurred shall be open ont to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several Delinquent coowners to contribute his proportion of the expenditures required thereby, the coowners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent coowners personal notice in writing, or notice by publication in the newspaper published nearest the claim, and in two newspapers published at Manila, one in the English language and the other in the Spanish language, to be designated by the chief of the Philippine insular bureau of public lands, for at least once a week for ninety days, and if, at the expiration of ninety days after such notice in writing or by publication, such delinquent shall fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his coowners who have made the required expenditures. The period within which the work required Assessment to be done annually on all unpatented mineral claims per shall commence on the first day of January succeeding the date of location of such claim.
“ Sec. 37. That a patent for any land claimed and lo- Patents. cated for valuable mineral deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under this Act, having claimed and located a piece of land for such purposes, who has or have complied with the terms of this Act, may file in the office of the provincial secretary, or such other officer as by the government of said islands may be described as mining recorder of the province wherein the land claimed is located, an application for a patent, under oath, showing such compliance, together with a plat and field notes of the claim or claims in common, made by or under the direction of the chief of the Philippine insular bureau of public lands, showing accurately the
boundaries of the claim, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such office, and shall thereupon be
entitled to a patent for the lands, in the manner followPublication ing: The provincial secretary, or such other officer as by beramining re- the Philippine government may be described as mining
recorder, upon the filing of such application, plat, field notes, notices, and affidavits, shall publish a notice that such an application has been made, once a week for the period of sixty days, in a newspaper to be by him designated as nearest to such claim, and in two newspapers published at Manila, one in the English language and one in the Spanish language, to be designated by the chief of the Philippine insular bureau of public lands; and he
shall also post such notice in his office for the same period. Filing certifi- The claimant at the time of filing this application, or at
any time thereafter within the sixty days of publication, shall file with the provincial secretary, or such other officer as by the Philippine government may be described as mining recorder, a certificate of the chief of the Philippine insular bureau of public lands that one thousand pesos' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as
shall identify the claim, and furnish an accurate descripIssue of pat-tion to be incorporated in the patent. At the expiration ent in noncon- of the sixty days of publication the claimant shall file his
affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the provincial secretary, or such other officer as by the government of said islands may be described as mining recorder, at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent upon the payment to the provincial treasurer, or the collector of internal revenue, of twenty-five pesos per hectare, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the
terms of this Act: Provided, That where the claimant for Nonresidents. a patent is not a resident of or within the province
wherein the land containing the vein, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or
its authorized agent where said agent is conversant with the facts sought to be established by said affidavits.”
“ Sec. 39. That where an adverse claim is filed during A d verse the period of publication it shall be upon oath of the per- o son or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavits thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction or the adverse claim waived. It shall be the duty of the adverse claimant,, Proceedings
by adverse within thirty days after filing his claim, to commence Claimants. proceedings in a court of competent jurisdiction to determine the question of the right of possession and prosecute the same with reasonable diligence to final judgment, and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered the party Certified copy entitled to the possession of the claim, or any portion of judgment. thereof, may, without giving further notice, file a certified copy of the judgment roll with the provincial secretary, or such other officer as by the government of the Philippine Islands may be described as mining recorder, together with the certificate of the chief of the Philippine insular bureau of public lands that the requisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the provincial treasurer or the collector of Payment. internal revenue of the province in which the claim is situated, as the case may be, twenty-five pesos per hectare for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the provincial secretary, or such other officer as by said government may be described as mining recorder, to the secretary of the interior of the Philippine Islands, and a patent shall issue thereon for the claim, or such Issuance of portion thereof as the applicant shall appear, from the patents. decision of the court, rightly to possess. The adverse Oaths. claim may be verified by the oath of any duly authorized agent or attorney in fact of the adverse claimant cognizant of the facts stated; and the adverse claimant, if residing or at the time being beyond the limits of the province wherein the claim is situated, may make oath to the adverse claim before the clerk of any court of record, or any notary public of any province or military department of the Philippine Islands, or any other officer authorized to administer oaths where the adverse claimant may then be. If it appears from the decision of the court that sev-. Interest of eral parties are entitled to separate and different portions several. perof the claim, each party may pay for his portion of the claim. claim, with the proper fees, and file the certificate and description by the chief of the Philippine insular bureau of public lands, whereupon the provincial secretary or such other officer as by the government of said islands
sons in one