Page:United States Statutes at Large Volume 32 Part 1.djvu/769

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FIFTY-SEVENTH CONGRESS. Sess. I. Ch. 1369. 1902. 703 more than eight hectares for an individual claimant. Such locations 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 dpurposes or authorize the sale of the improvements of any bona fi e settler to any purchaser. Sec. 44. hat where placer claims are located upon surveyed lands 0** °'“"°Y¤* mdaud conform to le l subdivisions, no further survey or plat shall be required, and all lphincer mining claims located after the date of assage (R this Act sha] conform as nearly as practicable to the Philippine system of public-land surveys and the regular subdivisions of such surveys; but where placer claims can not be conformed to legal subdivisions, survey an 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 hectares shall remain, _ such fractional portion of agricultural land may be entered by any party qualified by law for homestead purposes. Sec. 45. That where such (person or association, they and their ,,gE§§“,'g1},{’{,’},‘f”‘ °’ grantors have held and worke their claims for a eriod equal to the time prescribed by the statute of limitations of the Philippine Islands evidence of such possession and working of the claims for such 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 mP,'Q‘f"‘ “°”' ”°* **‘ be deemed to impair any lien which may have attached in any way ` whatever prior to the issuance of a patent. Sec. 46. That the chief of the Philippine insular bureau of public d*}{g°},}‘,.f,'$,';f_ °‘ lands may appoint competent de uty mineral surveyors to survey B-gxmnses. mining claims. The expenses of the survey of vein or lode claims and . of the survey of placer claims, to ether with the cost of publication of notices, shall be paid by the aprgicants, 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 surveyor to make the survey. The chief of the Philippine insular bureau of public lands shall ‘”“"g°' ‘°’ ”““’°”‘ also have power to establish the maximum charges for surveys and publication of notices under this Act; and in case of excessive charges or publication he may designate any newspaper published in a province where mines are situated, or in Manila, for the publication o minin 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 ap licant shd file with the qyovincial secretary, or such other officer as by the government of the hilippine Islands may be described as mining recorder, a sworn statement of all char es and fees paid by such applicant for ublication and surveys, and: of all fees and money aid the provincialhreasurer or the collector of internal revenue, as me case may be, which statement shall be transmitted, with the other papers in the case, to the secretary of the interior for the Phili pine slands. Sec. 4g That all atlidavits re uired to be made under this Act may d_"Qg:*‘*°*¤°¤ °* *¤· be verified before any officer authorized to administer oaths within the province or military department where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, T·=¤¤¤=¤¤F· ¤*¤- when duly certiiied by the officer taking the same, shall have the same force and effect as if taken before the proper provincial secretary or such other officer as by the government of the hilippine Islands may be described as mining recorder. In cases of contest as to the mineral C°¤*¤·*'¤- 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 opposin party; or if such party can not be found, then by publication at Enast once a week for thirty days in a newspaper to be designated by the provincial secretary or such other officer as by said