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Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 48 of 150)
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possible to the location line, and noting the distance and direction
such posts may be from such location line, which distance and di-
rection shall be set out in the record of the claim. (32 Stat. 699.)

§ 3841. (Act July 1, 1902, c 1369, § 31, as amended. Act Feb. 6,
1905, c. 453, § 9.) Recording mineral claim.
Every person locating a mineral claim shall record the same with
the provincial secretary, or such other officer as by the government
of the Philippine Islands may be described as mining recorder of
the district within which the same is situate, within thirty days
after the location thereof. Such record shall be made in a book to
be kept for the purpose in the office of the said provincial secre-
tary or such other officer as by said government described as min-
ing recorder, in which shall be inserted the name of the claim, the
name of each locator, the locality of the mine, the direction of the
location line, the length in meters, the date of location, and the
date of the record. A claim which shall not have been recorded
within the prescribed period shall be deemed to have been aban-
doned. (32 Stat. 699. 33 Stat. 694.)

§ 3842. (Act July 1, 1902, c. 1369, § 32.) Priority of location to
determine title.
In case of any dispute as to the location of a mineral claim the
title to the claim shall be recognized according to the priority of
such location, subject to any question as to the validity of the rec-
ord itself and subject to the holder having complied with all the
terms and conditions of this Act. (32 Stat. 699.)

§ 3843. (Act July 1, 1902, c. 1369, § 33.) No holder entitled to
more than one claim on same lode.
No holder shall be entitled to hold in his, its, or their own name
or in the name of any other person, corporation, or association
more than one mineral claim on the same vein or lode. (32 Stat.
699.)

§ 3844. (Act July 1, 1902, c. 1369, § 34.) Abandonment of claim;
notice.

A holder may at any time abandon any mineral claim by giving
notice, in writing, of such intention to abandon, to the provincial
secretary or such other officer as by the government of the Philip-
pine Islands may be described as mining recorder; and from the
date of the record of such notice all his interest in such claim shall
cease. (32 Stat. 700.)

§ 3845. (Act July 1, 1902, c. 1369, § 35.) Proofs of citizenship.

Proof of citizenship under the clauses of this Act relating to min-
eral lands may consist, in the case of an individual, of his own affi-
davit thereof; in the case of an association of persons unincorpo-
rated, of the affidavit of their authorized agent, made on his own
knowledge or upon information and belief; and in the case of a
corporation organized under the laws of the United States, or of
any State or Territory thereof, or of the Philippine Islands, by the

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§ 3846 THE TBBRITOR1B8 AND INSULAR P088BS8IOm (Tit 23

filing of a certified copy of their charter or certificate of incorpora*
tion. (32 Stat 700.)

§ 3846. (Act July 1, 1902» c. 1369, § 36, as amended. Act Feb. 6,

1905, c 453, § 9.) Mining regulations; annnal labor; failure \

to perform annual labor to subject dakn to relocation; rij^ts
of co-owner failing to contribute portion of annual labor for-
feited after notice; period for performing annual labor.
The United States Philippine Commission or its successors may
make regulations, not in conflict with the provisions of this Act,
governing the location, manner of recording, and amount of work
necessary to hold possession of a mining claim, subject to the fol-
lowing requirements :

On each claim located after the passage of this Act, 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 upon a failure to comply with these con-
ditions the claim or mine upon which such failure occurred shall
be open 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 fail-
ure of any one of several coowners to contribute his proportion of
the expenditures required thereby, the coowners who have per-
formed the labor or made the improvements may, at the expiration
of the year, give such delinquent coowners personal notice in writ-
ing, or notice by publication in the newspaper published nearest
the claim, and in two newspapers published at Manila, one in the
£nglish language and the other in the Spanish language, to be des-
ignated by the chief oi the Philippine insular bureau of public
lands, for at least once a week for ninety days, and if, at the ex-
piration of ninety days after such notice in writing or by publica-
tion, such delinquent shall fail or refuse to contribute his propor-
tion 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 re-
quired to be done annually on all unpatented mineral claims shall
commence on the first day of January succeeding the date of lo-
cation of such claim. (32 Stat 700. 33 Stat. 694!)
See note to section 22 of this act, ante, | 8832.

§ 3847. (Act July 1, 1902, c 1369, § 37, as amended. Act Feb. 6,
1905, c. 453, § 9.) Patents for mineral claims ; application ; post-
ing of notice; publication of notice; certificate of labor or im-
provements; issue of patent if uncontested; price; affidavits
by agent of non-resident claimant.
A patent for any land claimed and located 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

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Ch.3D) THB TBBRIT0RIB8 AND INSULAR POS8BS8ION8 § S847

the office of the provincial secretary, or such other officer as by
the government of said islands may be described as mining re-
corder of the province wherein the land claimed is located, an ap-
plication for a patent, under oath, showing such compliance, to-
gether 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 in-
sular 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 following: The provincial secretary, or such other
officer as by the Philippine government may be described as min-
ing recorder, upon the filing of such application, plat, field notes,
notices, and affidavits, shall publish a notice that such an applica-
tion 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. 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 de-
scribed as mining recorder, a certificate of the chief of the Philip-
pine 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 mon-
uments as shall identify the claim, and furnish an accurate de-
scription to be incorporated in the patent. At the expiration of the
sixty days of publication the claimant shall file his affidavit, show-
ing 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 publica-
tion, 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 ad-
verse 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 : Pro-
vided, That where the claimant for 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 claim-

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i 8847 THB TBBRITORIB8 AND INSULAR POSSESSIONS (Tit 23

ant for such patent may be made by his, her, or its authorized agent
where said agent is conversant with the facts sought to be estab-
lished by said affidavits. (32 Stat. 701. 33 Stat 695.)
See note to section 22 of this act, ante, | 8832.

§ 3848. (Act July 1, 1902, c 1369, § 38.) Proof of citizenship of
non-residents.
Applicants for mineral patents, if residing beyond the limits of
the province or military department wherein the claim is situated^
may make the oath or affidavit required for proof of citizenship
before the clerk of any court of record, or before any notary public
of any province of the Philippine Islands, or any other official in
said islands authorized by law to administer oaths. (32 Stat 701.)

§ 3849. (Act Julv 1, 1902, c. 1369, § 39, as amended. Act Feb. 6,
1905, c. 453, § 9.) Adverse claims; efiFect of filing; proceedings
to determine rights; waiver of claims; procedure after judg-
ment; verification of adverse claims ; affidavit of nonresident;
different parties entitled to different portions of claim; nei-
ther party entitled ; alienation of claim not prohibited.
Where an adverse claim is filed during the period of publication
it shall be upon oath of the person 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 com-
petent jurisdiction or the adverse claim waived. It shall be the
duty of the adverse claimant, within thirty days after filing his
claim, to commefice proceedings in a court of competent jurisdic-
tion to determine the question of the right of possession and prose-
cute 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 entitled to the posses-
sion of the claim, or any portion thereof, may, without giving fur-
ther notice, file a certified copy of the judgment roll with the pro-
vincial secretary, or such other officer as by the government of
the Philippine Islands may be described as mining recorder, to-
gether 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 re-
quired in other cases, and shall pay to the provincial treasurer or
the collector of 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 pro-
ceedings and the judgment roll shall be certified by the provincial
secretary, or such other officer as by said government may be de-
scribed as mining recorder, to the secretary of the interior of the
Philippine Islands, and a patent shall issue thereon for the claim,
or such portion thereof as the applicant shall appear, from the de-
cision of the court, rightly to possess. The adverse claim may be
verified by the oath of any duly authorized agent or attorney in
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Chi 3d) thb tbbritobibs and insular possbssions i 8862

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 beforie the clerk of any court of record, or any no-
tary 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 several parties are entitled to separate and differ-
ent portions of the claim, each party may pay for his portion of
the claim, with the proper fees, and file the certificate and descrip-
tion 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 may be described as mining recorder
shall certify the proceedings and judgment roll to the secretary of
the interior for the Philippine Islands, as in the preceding case, and
patents shall issue to the several parties according to their respec-
tive rights. If, in any action brought pursuant to this section, ti-
tle to the ground in controversy shall not be established by either
party, the court shall so find, and judgment shall be entered ac-
cordingly. In such case costs shall not be allowed to either party,
and the claimant shall not proceed in the office of the provincial
secretary or such other officer as by the government of said is-
lands may be described as mining recorder or be entitled to a pat-
ent for the ground in controversy until he shall have perfected his
title. Nothing herein contained shall be construed to prevent the
alienation of a title conveyed by a patent for a mining claim to
any person whatever. (32 Stat. 701. 33 Stat. 696.)
See note to section 22 of this act, ante, § 3832.

§ 3850. (Act July 1, 1902, c. 1369, § 40.) Reference to public sur-
veys ; surveys extended subsequent to patent of mineral claims.
The description of mineral claims upon surveyed lands shall
designate the location of the claim with reference to the lines of
the public surveys, but need not conform therewith ; but where a
patent shall be issued for claims upon unsurveyed lands the chief
of the Philippine insular bureau of public lands in extending the
surveys shall adjust the same to the boundaries of such patented
claim according to the plat or description thereof, but so as in no
case to interfere with or change the location of any such patented
claim. (32 Stat. 702.)

§ 3851. (Act July 1, 1902, c. 1369, § 41.) Building stone lands en-
tered as placer claims.

Any person authorized to enter lands under this Act may enter
and obtain patent to lands that are chiefly valuable for building
stone under the provisions of this Act relative to placer mineral
claims. (32 Stat. 702.)

§ 3852. (Act July 1, 1902, c. 1369, § 42.) Petroleum lands entered
as placer claims.

Any person authorized to enter lands under this Act may enter
and obtain patent to lands containing petroleum or other mineral

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§ 3868 TUB TBBRIT0RIB8 AMD INSULAR POSSESSIONS (Tit 23

oils and chiefly valuable therefor under the provisions of this Act
relative to placer mineral claims. (32 Stat 702.)

§ 3853. (Act July 1, 1902, c. 1369, § 43.) PUcer claims; Umit of
area; confcmni^ to laws of survey ; agricultural rights not af-
fected.

No location of a placer claim shall exceed sixty-four hectares for
any association of persons, irrespective of the number of persons
composing such association, and no such location shall include
more than eight hectares for an individual claimant. Such loca-
tions shall conform to the laws of the United States Philippine
Commission, or its successors, with reference to public surveys, and
nothing in this section contained shall defeat or impair any bona
fide ownership of land for agricultural purposes or authorize the
sale of the improvements of any bona fide settler to any purchaser.
(32 Sut. 702.)

§ 3854. (Act July 1, 1902, c 1369, § 44.) PUcer claims on sur-
veyed lands to conform to leg^ subdivisions; on unsurveyed
land; fractional subdivision <rf agricultural land after segrega-
tion of mineral lands.
Where placer claims are located upon surveyed lands and con-
form to legal subdivisions, no further survey or plat shall be re-
quired, and all placer mining claims located after the date of pas-
sage of this Act shall conform as nearly as practicable to the Phil-
ippine system of public-land surveys and the regular subdivisions
of such surveys ; but where placer claims can not be conformed to
legal subdivisions, survey and plat shall be made as on unsurveyed
lands ; and where by the segregation of mineral lands in any legal
subdivision a quantity of agricultural land less than sixteen hec-
tares shall remain, such fractional portion of agricultural land may
be entered by any party qualified by law for homestead purposes.
(32 Stat. 703.)

§ 3855. (Act July 1, 1902, c. 1369, § 45.) Right to patent to placer
claims; prior liens preserved.
Where such person or association, they and their grantors have
held and worked their claims for a period equal to the time pre-
scribed by the statute of limitations of the Philippine Islands, evi-
dence 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 ; but nothing in this Act
shall be deemed to impair any lien which may have attached in
any way whatever prior to the issuance of a patent (32 Stat.
703.)

§ 3856. (Act July 1, 1902, c. 1369, § 46.) Appointment of deputy
mineral surveyors; expenses of survey; authority to fix maxi-
mum charges for surveys and publications; statement of
charges and fees paid by applicant to be filed.
The chief of the Philippine insular bureau of public lands may
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Ch.3D) THE TBBRITOBIBS AND INSULAR POSSESSIONS § 8857

appoint competent deputy mineral surveyors to survey mining
claims. The expenses of the survey of vein or lode claims and
of the survey of placer claims, together with the cost of publica-
tion of notices, shall be paid by the applicants, and they shall be
at liberty to obtain the same at the most reasonable rates, and they
shall also be at liberty to employ any such deputy mineral sur-
veyor to make the survey. The chief of the Philippine insular bu-
reau of public lands shall also have power to establish the maxi-
mum charges for surveys and publication of notices under this
Act ; and in case of excessive charges for publication he may des-
ignate any newspaper published in a province where mines are
situated, or in Manila, for the publication of mining notices and fix
the rates to be charged by such paper; and to the end that the
chief of the bureau of public lands may be fully informed on the
subject such applicant shall file with the provincial secretary, or
such other officer as by the government of the Philippine Islands
may be described as mining recorder, a sworn statement of all
charges and fees paid by such applicant for publication and sur-
veys, and of all fees and money paid the provincial treasurer or the
collector of internal revenue, as the case may be, which statement
shall be transmitted, with the other papers in the case, to the sec-
retary of the interior for the Philippine Islands. (32 Stat. 703.)

§ 3857. (Act July 1, 1902, c, 1369, § 47.) Verifications made and
testimony and proofs taken before any officer authorized to ad-
minister oaths; contests as to character of lands; notice; pub-
lication.

All affidavits required to be made under this Act may be verified
before any officer authorized to administer oaths within the prov-
ince or military department where the claims may be situated, and
all testimony and proofs may be taken before any such officer, and,
when duly certified by the officer taking the same, shall have the
same force and effect as if taken before the proper provincial sec-
retary or such other officer as by the government of the Philippine
Islands may be described as mining recorder. In cases of contest
as to the mineral or agricultural character of land the testimony
and proofs may be taken as herein provided on personal notice of
at least ten days to the opposing party; or if such party can not
be found, then by publication at least once a week for thirty days
in a newspaper to be designated by the provincial secretary or such
other officer as by said government may be described as mining
recorder published nearest to the location of such land and in two
newspapers published in 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 the provincial sec-
retary or such other officer as by said government may be described
as mining recorder shall require proofs that such notice has been
given. (32 Stat 703.)

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§ 8868 THB TBBBIT0RIS8 AND INSULAR P068B88ION8 (Tit 28

§ 3858. (Act July I, 1902. c. 1369, § 48.) Patentt for non-mineral
lands adjacent to claim; limit of area; price; patentt for mill
sites*

Where nonmineral land not contiguous to the vein or lode is used
or occupied by the proprietor of such vein or lode for mining or
milling purposes, such nonadjacent surface ground may be em-
braced and included in an application for a patent for such vein or
lode, and the same may be patented therewith, subject to the same
preliminary requirements as to survey and notice as are applicable
to veins or lodes ; but no application of such nonadjacent land shall
exceed two hectares, and payment for the same must be made at
the same rate as fixed by this Act for the superficies of the lode.
The owner of a quartz mill or reduction works not owning a mine
in connection therewith may also receive a patent for his mill site
as provided in this section. (32 Stat 704.)

§ 3859. (Act July 1, 1902, c. 1369, § 49.) Rules for working, etc
of mines, easements, etc., may be made conditions of sale; bond
of deputy mineral surveyor.
As a condition of sale the Government of the Philippine Islands
may provide rules for working, policing, and sanitation of mines,
and rules concerning easements, drainage, water rights, right of
way, right of Government survey and inspection, and other neces-
sary means to their complete development not inconsistent with
the provisions of this Act, and those conditions shall be fully ex-
pressed in the patent. The Philippine Commission or its succes-
sors are hereby further empowered to fix the bonds of deputy min-
eral surveyors. (32 Stat. /04.)

§ 3860. (Act July 1, 1902, c. 1369, § 50.) Water rights recognised
by local customs, laws, and decisions of courts con&med;
rights of ways for ditches and canals; compensation for inju-
ries.

Whenever by priority of possession rights to 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 purpose herein specified is acknowledged and con-
firmed, but whenever any person, in the construction of any ditch
or canal, injures or damages the possession of any settler on the

eublic domain, the part^ committmg such injury or damage shall
t liable to the party injured for such injury or damage. (32 Stat
704.)

§ 3861. (Act July 1, 1902, c. 1369, § 51.) Patents to be subject to
vested water, ditch, and reservoir rights.



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 48 of 150)