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 any bona fide settler to any purchaser.

SEC. 13. 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 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. 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. That the 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. 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 of California, the Granting of Pre-emption 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purposes," as provides that none other than township lines shall be surveyed where the lands are mineral, is hereby repealed; and the public surveys are hereby extended over all such lands; provided, that all subdividing of the surveyed lands into lots of less than one hundred and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 land.

SEC. 17. That none of the rights conferred by sections five, eight, and nine of the Act of which this 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 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 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 twenty-fifth, eighteen hundred and sixty-six. Approved July 9, 1870.

The foregoing constitute the present laws of Congress respecting mining claims anywhere within the United States, and control the location and extent of all mining claims in districts which do not confine claimants to smaller quantities. Where mining districts are not organized or have become obsolete, the claims should be recorded with the County Recorder of the county in which the claim is located, and in Nevada now, in all cases it is better, at least, to do so. The italics in the body of the sections have been inserted for convenience.

In the case of the Flagstaff Silver Mining Company vs. Helen Turbet (Utah), the Supreme Court of the United States laid down the following suggestive rules:

First. The location of a mining claim upon a lode or vein of ore should be laid along the same lengthwise of its course, at or near the surface, both under the Mining Act of 1866 and that of 1872.

Second. Each locator is entitled to follow the dip of the lode or vein to an indefinite depth, even though it carries him outside of the side lines of the location, but this right is based on the hypothesis that the side lines substantially correspond with the course of the lode or vein at the surface, and that it is bounded at each end by the end lines of the location, crossing the lode or vein and extended perpendicularly downwards and indefinitely in their own direction.

Third. If the location be laid crosswise of the lode or vein, so that its greatest length crosses the same instead of following the course thereof, it will secure only so much of the vein as it actually crosses at the surface, and the side

lines of the location will become the end lines thereof, for the purpose of defining rights of owners.

Fourth. A locator working subterraneously into the dip of the vein belonging to another locator, who is in possession of his location, is a trespasser and liable to action for taking ore therefrom. In accordance with these principles this Court holds that the Flagstaff Company is outside of its rightful boundaries, and it therefore affirms the judgment of the lower Court in favor of Helen Tarbet.

NOTICE OF LOCATION OF MINING CLAIM.

Where there are no district mining laws, or where such laws are in accordance with the mining laws of the United States, or where the mining laws of the district have become inoperative by general consent of the people of the district or otherwise, is given in

Form 102.

Notice is hereby given that I, the undersigned, claim fifteen hundred feet, linear measure, on this lode or vein of gold and silver-bearing quartz, commencing at this notice and monument, and running northerly therefrom along the line of the lode, a distance of eight hundred feet to a monument of stone, and southerly along the line of said lode, a distance of seven hundred feet to a monument of stone, with the dips, spurs, and angles of said lode, together with the surface-ground on each side of said lode, bounded and described as follows, to wit: commencing at the monument last named, and running easterly therefrom, at a right angle with the general direction of said lode, three hundred feet to a monument of stone; thence at a right angle northerly, fifteen hundred feet, to a monument of stone; thence at a right angle westerly, six hundred feet to a monument of stone; thence at a right angle southerly, fifteen hundred feet to a monument of stone, and thence at a right angle easterly, three hundred feet, to the place of beginning. Said lode and claim shall be called the "Churchman Claim and Lode;" and is located under and by virtue of the mining laws of Congress of the United States and the laws of Spanish Belt Mining District, Nye County, State of Nevada.

Spanish Belt, January 3, 1880.

WM. D. PLUM.

Instead of the words "a monument of stone," the words "a stake," can be used; or any manner of description can be adopted which will describe the boundaries of the claim thoroughly and definitely.

Form 103.-Notice of Location of a Mining Claim.

We, the undersigned, hereby give notice that we claim fifteen hundred feet linear measure on this lode or vein of gold and silver-bearing quartz, commencing at this notice and monument and running in a south-easterly direction therefrom, along the line of said lode fifteen hundred feet, with the dips, spurs and angles of said lode, and feet on each side thereof, the corners of our surface-claim being marked with monuments of stone; under and by virtue of the mining laws of mining district, County of, and State of signed being entitled to and claiming an undivided interest of three hundred feet of said lode.

each of the under

The foregoing will be sufficient for guides in locating any quartz mining claim.

Form 104.-Location of a Spring.

Notice is hereby given to all whom it may concern: That I [or we], the undersigned, claim this spring of water and all the waters flowing therefrom, for culinary and drinking purposes and for purposes of irrigation; also for mining, milling, mechanical, manufacturing and agricultural, and other purposes; together with the land immediately about the same, bounded and described as follows, to wit: Beginning at the stone monument about seventy feet north-west of said spring, and running south therefrom feet to a monument of stone; thence east feet to a stone

feet to a stone monument; thence north monument, and thence west

day of

County, State of

A. D. 18-.

feet to the place of beginning. Claimed and located this

JOHN OAKS.

A copy of the notice should be recorded with the County Recorder of the county in which the spring is situated, and a trench should be dug from the spring to some point, and all the water of the spring turned through the ditch, or it may be conducted through a pipe. It would be better to dig out and wall up the spring and to fence the ground, if convenient, around it. It must certainly be so marked as to show the claimant's intention of appropriating it permanently, and the appropriation must be followed up by acts of ownership. The same rule will apply to the following:

Form 105.-Claim of Water Right.

Notice is hereby given to all whom it may concern: That we, the undersigned, claim two hundred inches, miners' measurement [or all], of the waters of this creek for milling, manufacturing, agricultural, and culinary purposes, and for such other purposes as we may desire to use the same; together with so much of the ground, rock, and earth about this point on said stream as may be necessary for the construction and maintenance of a dam across said stream. The point at which we take the waters of said stream for the purposes aforesaid is described as follows, to wit: Commencing at the large point of rocks about feet from this notice on the right bank of said stream, and running thence across the stream along the line of rocks thrown into the stream as a temporary and partial dam, to the opposite bank of said stream, near to the large pine tree on its left bank. This claim shall be known as the "Three P. Water Right," County of

Located and claimed this

State of
day of

A. D. 18-.
S. G. STEBBINS.

C. A. RICHARDSON.

J. A. CALDWELL.
A. M. ELSWORTH.

The claim must be recorded as stated above.

Miners' measurement is measurement of water through a rectangular orifice containing the given number of square inches under a pressure of not less than a full head of water at the top of the discharging orifice; and, to appropriate any number of inches of water, the flume or race at and leading from the dam must be of a capacity equal to the number of square inches claimed.