ing upon the case to the General Land Office, together with their joint opinion thereon, so that a patent may be issued if all is found regular. 22. In regard to placer claims on surveyed land, where the claimant. applies to enter one hundred and sixty acres in legal subdivisions, no survey and plat of the claim are required; the entry in that case being allowed to be completed at the local laud office as soon as satisfactory proof has been made after the expiration of ninety days' notice and publication, provided no adverse claimant has appeared in the meantime. 23. Where the claimant of a placer mine desires the subdivision of a quarter section, the service may be performed by county and local surveyors at the expense of the claimant, as required by law. ADVERSE CLAIMANTS. 24. The sixth section of the mining act of July 26, 1866, provides that "whenever any adverse claimants to any mine, located and claimed as aforesaid, shall appear before the approval of the survey as provided in the third section of this act, all proceedings shall be stayed until a final settlement and adjudication, in the courts of competent jurisdiction, of the rights of possession to such claim, when a patent may issue as in other cases." An opposing claimant must file his adverse notice with the register and receiver, and in order that it may appear to those officers whether or not the adverse claim is such an one as is contemplated by the said sixth section they will require the opposing claimant to present his affidavit, setting out in detail the nature of his adverse claim, stating when and how it originated, whether by purchase or by location, the names of all the original locators, with a certified copy of the original location from the mining recorder's office, and if he claims as a purchaser, au abstract of title, certified by the said recorder. tracing the title to the possession from the original locators to the claimant, should be furnished. Such affidavit and accompanying papers will be carefully examined by the register and receiver, and if, in their judgment, an adverse claim is made out they will suspend all further action on the application for patent until an adjustment is had in the local courts; if they find otherwise they will refuse to suspend, but in either event the papers filed both by the applicant for patent and the adverse claimant will be referred to this office for review, when the decision of the register and receiver will either be affirmed or set aside, and all parties in interest notified of the result. 25. In the case of placer claims upon surveyed lands where no survey is required, the adverse claimant should appear before the entry is made; but if, from any cause, such adverse claimant should be unable to appear within the time specified, and should appear before the patent is issued, the register will nevertheless take his sworn statement, and transmit it to the General Land Office for such action as the Commissioner may deem proper. 26. When the parties are notified that an adverse claim is made out it then becomes the duty of the adverse claimant immediately to commence action in court, and to prosecute the same to final judgment or decree, by which the further proceedings of this office will be governed; yet in default of such suit being instituted within a reasonable time the original claim will be dealt with as if no adverse interest had been asserted. You will afford every facility to parties desiring to avail themselves of the privileges accorded by these enactments, and when cases are completed promptly report them to this office. Monthly returns must be made of all entries of lode and placer claims, with details specifically showing what lands have been so entered. Copies of both the mining acts of July 26, 1866, and July 9, 1870, are hereto appended. Very respectfully, your obedient servant, JOS. S. WILSON, To UNITED STATES REGISTERS AND Approved: Commissioner. DEPARTMENT OF THE INTERIOR, August 9, 1870. J. D. COX, (A.) CHAP. CCLXII. AN ACT granting the right of way to ditch and canal owners over the public lands and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the mineral lands of the public domain, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and occupation by all citizens of the United States, and those who have declared their intention to become citizens, subject to such regulations as may be prescribed by law, and subject also to the local customs or rules of miners in the several mining districts, so far as the same may not be in conflict with the laws of the United States. SEC. 2. And be it further enacted, That whenever any person, or association of persons, claim a vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, or copper, having previously occupied and improved the same according to the local customs or rules of miners in the district where the same is situated, and having expended in actual labor and improvements thereon an amount of not less than one thousand dollars, and in regard to whose possession there is no controversy or opposing claim, it shall and may be lawful for said claimant, or association of claimants, to file in the local land office a diagram of the same, so extended laterally or otherwise as to conform to the local laws, customs, and rules of miners, and to enter such tract and receive a patent therefor, granting such mine, together with the right to follow such vein or lode, with its dips, angles, and variations to any depth, although it may enter the land adjoining, which land adjoining shall be sold subject to this condition. SEC. 3. And be it further enacted, That upon the filing of the diagram as provided in the second section of this act, and posting the same in a conspicuous place on the claim, together with a notice of intention to apply for a patent, the register of the land office shall publish a notice of the same in a newspaper published nearest to the location of said claim, and shall also post such notice in his office for the period of ninety days; and after the expiration of said period, if no adverse claim shall have been filed, it shall be the duty of the surveyor general, upon application of the party, to survey the premises and make a plat thereof, indorsed with his approval, designating the number and description of the location, the value of the labor and improvements, and the character of the vein exposed; and upon the payment to the proper officer of five dollars per acre, together with the cost of such survey, plat, and notice, and giving satisfactory evidence that said diagram and notice have been posted on the claim during said period of ninety days, the register of the land office shall transmit to the General Land Office said plat, survey, and description, and a patent shall issue for the same thereupon. But said plat, survey, or description shall in no case cover more than one vein or lode, and no patent shall issue for more than one vein or lode, which shall be expressed in the patent issued. SEC. 4. And be it further enacted, That when such location and entry of a mine shall be upon unsurveyed lands, it shall and may be lawful, after the extension thereto of the public surveys, to adjust the surveys to the limits of the premises according to the lo cation and possession and plat aforesaid; and the surveyor general may, in extending the surveys, vary the same from a rectangular form to suit the circumstances of the country and the local rules, laws, and customs of miners: Provided, That no location hereafter made shall exceed two hundred feet in length along the vein for each locator, with an additional claim for discovery to the discoverer of the lode, with the right to follow such vein to any depth, with all its dips, variations, and angles, together with a reasonable quantity of surface for the convenient working of the same, as fixed by local rules: And provided further, That no person may make more than one location on the same lode, and not more than three thousand feet shall be taken in any one claim by any association of persons. SEC. 5. And be it further enacted. That as a further condition of sale, in the absence of necessary legislation by Congress, the local legislature of any State or Territory may provide rules for working mines involving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed in the patent. SEC. 6. And be it further enacted, That whenever any adverse claimants to any mine, located and claimed as aforesaid, shall appear before the approval of the survey, as provided in the third section of this act, all proceedings shall be stayed until final settlement and adjudication, in the courts of competent jurisdiction, of the rights of possession to such claim, when a patent may issue as in other cases. SEC. 7. And be it further enacted, That the President of the United States be, and is hereby, authorized to establish additional land districts, and to appoint the necessary officers under existing laws, wherever he may deem the same necessary for the public convenience in executing the provisions of this act. SEC. 8. And be it further enacted, That the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted. SEC. 9. And be it further enacted. That whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes aforesaid is hereby acknowledged and confirmed: Provided, however, That whenever, after the passage of this act, any person or persons shall, in the construction of any ditch or canal, injure or damage the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. SEC. 10. And be it further enacted, That wherever, prior to the passage of this act, upon the lands heretofore designated as mineral lands, which have been excluded from survey and sale, there have been homesteads made by citizens of the United States, or persons who have declared their intention to become citizens, which homesteads have been made, improved, and used for 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 preemption 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 may avail themselves of the provisions of the act of Congress 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 survey of the lands aforesaid, the Secretary of the Interior may designate and set apart such portions of the said lands as are clearly agricultural lands, which lands shall thereafter be subject to preëmption and sale as other public lands of the United States, and subject to all the laws and regulations applicable to the same. Approved July 26, 1866. (B.) AN ACT to amend "An act granting the right of way to ditch and canal owners over the public lands, and for other purposes." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act granting the right of way to ditch and canal owners over the public lands, and for other purposes, approved July twenty-six, eighteen hundred and sixty-six, be, and the same is hereby, amended by adding thereto the following additional sections, numbered twelve, thirteen, fourteen, fifteen, sixteen, and seventeen, 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: Provided, That where the lands have been previously surveyed 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 rate of two dollars and fifty cents per acre: Provided further, That legal subdivisions of forty acres may be 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, 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 impair any bona fide preemption or homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona fide settler to any purchaser. SEC. 13. And be it further enacted, That where said person or association, they and their grantors, shall have 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. SEC. 14. And be it further enacted, That all ex parte affidavits 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 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 may be prescribed by the Commissioner of the General Land Office. SEC. 16. And be it further enacted, That so much of the act of March third, eighteen hundred and fifty-three, entitled "An act to provide for the survey of the public lands in California, the granting of preëmption rights, and for other purposes," as provides that none other than township lines shall be surveyed where the 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 lots less than one hundred and sixty acres may be 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 rights conferred by sections five, eight, and nine, of the act to which this act is amendatory shall be abrogated by this act, and the same are hereby extended to all public lands affected by this act; and all patents granted, or preëmption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights as may have been acquired under or recognized by the ninth section of the act of which this act 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 of way and other privileges to aid in the construction of a draining and exploring tunnel to the Comstock lode, in the State of Nevada," approved July twentyfifth, eighteen hundred and sixty-six. Approved July 9, 1870. Instructions showing the manner of proceeding to obtain title to public lands, by purchase, by location with warrants or agricultural college scrip, by preemption, and homestead. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., August 23, 1870. The following is communicated in reference to the manner of acquiring title to the public lands under different laws of Congress: There are two classes of public lands, the one class at $1 25 per acre, which is designated as minimum, and the other at $250 per acre, or double minimum. Title may be acquired by purchase at public sale, or by ordinary "private entry," and in virtue of the preëmption and homestead laws. 1. At public sale where lands are "offered" at public auction to the highest bidder, either pursuant to proclamation by the President, or public notice given in accordance with directions from the General Land Office. BY "PRIVATE ENTRY" OR LOCATION. 2. The lands of this class liable to disposal are those which have been offered at public sale, and thereafter remain unsold, and which have not been subsequently reserved or otherwise withdrawn from market. In this class of offered and unreserved public lands the following steps may be taken to acquire title: CASH PURCHASES. 3. The applicant must present a written application to the register for the district in which the land desired is situated, describing the tract he wishes to purchase, giving its area. Thereupon the register, if the tract is vacant, will so certify to the receiver, stating the price, and the applicant must then pay the amount of the purchase money. The receiver will then issue to the purchaser a duplicate receipt, and at the close of the month the register and receiver will make returns of the sale to the General Land Office, from whence, when the proceedings are found regular, a patent or complete title will be issued; and on surrender of the duplicate receipt such patent will be delivered, at the option of the patentee, either by the Commissioner at Washington, or by the register at the district land office. LOCATIONS WITH WARRANTS. 4. Application must be made as in cash cases, but must be accompanied by a warrant duly assigned as the consideration for the land; yet where the tract is $2 50 per acre, the party, in addition to the surrendered warrant, must pay in cash $1 25 per acre, as the warrant is in satisfaction of only so many acres at $1 25 per acre as are contained in the tract located. A duplicate certificate of location will then be furnished the party, to be held until the patent is delivered, as in cases of cash sales. The following fees are chargeable by the land officers, and the several amounts must be paid at the time of location : For a 40-acre warrant, 50 cents each to the register and receiver-Total.. AGRICULTURAL COLLEGE SCRIP. 5. This scrip may be used $1.00 1 50 2.00 3.00 4.00 First. In the location of lands at "private entry," but when so used is only applicable to lands not mineral which may be subject to private entry at $1 25 per acre, yet is restricted to a technical "quarter section ;" that is, lands embraced by the quarter-section lines indicated on the official plats of survey, or it may be located on a part of a "quarter section," where such part is taken as in full for a quarter, but it cannot be applied to different subdivisions to make an area equivalent to a |