

CONGRESS. (TuE PHILIPPINE ISLANDS.) 





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171 



lumbered one and two is less than 1,000 feet the 

 deputy mineral surveyor shall have no authority 

 to extend the claim beyond number two. 



" SEC. 26. That the ' location line ' shall govern 

 the direction of one side of the claim, upon which 

 the survey shall be extended according to this act. 



" SEC. 27. That the holder of a mineral claim 

 shall be entitled to all minerals which may lie 

 within his claim, but he shall not be entitled to 

 mine outside the boundary-lines of his claim con- 

 tinued vertically downward: Provided, That this 

 act shall not prejudice the rights of claim owners 

 nor claim holders whose claims have been located 

 under existing laws prior to this act. 



" SEC. 28. That no mineral claim of the full size 

 shall be recorded without the application being 

 accompanied by an affidavit made by the ap- 

 plicant or some person on his behalf cognizant of 

 the facts that the legal notices and posts have 

 been put urj ; that mineral has been found in place 

 on the 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 claim. The words written on the 

 number one and number two posts shall be set out 

 in full, and as accurate a description as possible 

 of the position of the claim given with reference to 



me natural object or permanent monuments. 



" SEC. 29. That no mineral claim which at the 

 ate of its record is known by the locator to be 

 less than a full-sized mineral claim shall be re- 

 corded without the word ' fraction ' being added 

 to the name of the claim, and the application 

 eing accompanied by an affidavit or solemn 

 declaration made by the applicant or some person 

 >n 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 claim. The words written on the posts num- 

 bered one and two shall be set out in full, and as 

 accurate a description as possible of the position 

 of the claim given. 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 feet, of the claim or fraction desired 

 to be recorded: Proinded, That the failure on the 

 part of the locator of a mineral claim to comply 

 with any of the foregoing provisions of this sec- 

 tion shail not be deemed to invalidate such loca- 

 tion, 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 Itnna fide attempt to comply with the 

 provisions of this act, and that the non-observance 

 of the formalities hereinbefore referred to is not 

 of a character calculated to mislead other persons 

 desiring to locate claims in the vicinity. 



" SEC. 30. That in cases where, from the nature 

 or shape of the ground, it is impossible to mark 

 the location line of the claim as provided by this 

 act, then the claim may be marked by placing 

 posts as nearly as possible to the location line, 

 and noting the distance and direction such posts 

 may be from such location line, which distance 

 and direction shall be set out in the record of the 

 claim. 



" SEC. 31. That every person locating a mineral 

 claim shall record the same with the provincial 

 secretary or such other officer as by the govern- 

 ment of the Philippine Islands may be described 

 as mininsr recorder of the district within which 



the same is situate, within thirty days after the 

 location thereof. Such records shall be made in a 

 book to be kept for the purpose in the oflice of tin- 

 said provincial secretary or such other office as by 

 said government described as mining 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 

 feet, the date of location, and the date of the 

 record. A claim which shall not have been re- 

 corded within the prescribed period shall be 

 deemed to have been abandoned. 



" SEC. 32. That 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 record itself and subject to the 

 holder having complied with all the terms and 

 conditions of this act. 



" SEC. 33. That 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. 



" SEC. 34. That 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 Philippine Islands may be de- 

 scribed as mining recorder; and from the date of 

 the record of such notice all his interest in such 

 claim shall cease. 



" SEC. 35. That proof of citizenship under the 

 clauses of this act relating to mineral lands may 

 consist, in the case of an individual, of his own 

 affidavit thereof; in the case of an association 

 of persons unincorporated, 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 there- 

 of, or of the Philippine'lslands, by the filing of a 

 certified copy of their charter or certificate of in- 

 corporation. 



"SEC. 36. That the United States Philippine 

 Commission or its successors may make regula- 

 tions, 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 following re- 

 quirements: 



" On each claim located after the passage of 

 this act, and until a patent has been issued there- 

 for, not less than $100 worth of labor shall be 

 performed or improvements made during each 

 year: Provided, That upon a failure to comply 

 with these conditions the claim or mine upon 

 which such failure occurred shall be open to re- 

 location 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 rep- 

 resentatives have not resumed work upon the 

 claim after failure and before such location. Up- 

 on the failure of any one of several coovvners to 

 contribute his proportion of the expenditures re- 

 quired thereby, the coowners who have performed 

 the labor or made the improvements may. at the 

 expiration of the year, give such delinquent co- 

 owner personal notice in writing, or notice by 

 publication in the newspaper published neare.-t 

 the claim, and in two newspapers published at 

 Manila, one in the English language and the other 

 in the Spanish laiiirunge. 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 de- 



