CONGRESS. (THE PHILIPPINE ISLANDS.) 



173 



by the government of said islands may be de- 

 scribed as mining recorder shall certify the pro- 

 ceedings 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 respective 

 rights. If in any action brought pursuant to this 

 section title to the ground in controversy shall 

 not be established by either party, the court shall 

 .so find, and judgment shall be entered accord- 

 ingly. 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 

 islands may be described as mining recorder or be 

 entitled to a patent 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. 



" SEC. 40. That 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 in- 

 sular 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 inter- 

 fere with or change the location of any such 

 patented claim. 



" SEC. 41. That 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. 



" SEC. 42. That any person authorized to enter 

 lands under this act may enter and obtain patent 

 to lands containing petroleum or other mineral 

 oils and chiefly valuable therefor under the pro- 

 visions of this act relative to placer mineral 

 claims. 



" SEC. 43. That no location of a placer claim 

 shall exceed 64 hectares for any association of 

 persons, irrespective of the number of persons com- 

 posing such association, and no such location shall 

 include more than 8 hectares for an individ- 

 ual claimant. Such locations shall conform to 

 the laws of the United States Philippine Com- 

 mission, or its successors, with reference to public 

 surveys, and nothing in this section contained 

 shall defeat or impair any bond fide ownership of 

 land for agricultural purposes or authorize the 

 sale x of the improvements of any bona fide settler 

 to any purchaser. 



" SEC. 44. That where placer claims are located 

 upon surveyed lands and conform to legal subdi- 

 visions no further survey or plat shall be re- 

 quired, and all placer mining claims located after 

 the date of passage of this act shall conform as 

 nearly as practicable to the Philippine system of 

 oublic-land surveys and the regular subdivisions 

 jf such surveys; but where placer claims can 

 lot be conformed to legal subdivisions, survey 

 ind plat shall be made as on unsurveyed lands; 

 ind where by the segregation of mineral lands in 

 my legal subdivision a quantity of agricultural 

 land less than 16 hectares shall remain, such 

 factional portion of agricultural land may be 

 ntered by any party qualified by law for home- 

 stead purposes. 



" SEC. 45. That where such person or associa- 

 tion, they and their grantors, have held and 

 worked their claims for a period equal to the 

 time prescribed by the statute of limitations of 

 the Philippine Islands, evidence of such posses- 



sion 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 ad- 

 verse claim; but nothing in this act shall be 

 deemed to impair any lien which may have at- 

 tached in any way whatever prior to the issu- 

 ance of a patent. 



" SEC. 46. That the chief of the Philippine in- 

 sular bureau of public lands may appoint com- 

 petent deputy mineral surveyors to survey min- 

 ing claims. The expenses of the survey of vein 

 or lode claims and of the survey of placer claims, 

 together with the cost of publication 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 lib- 

 erty to employ any such deputy mineral sur- 

 veyor to make the survey. The chief of the 

 Philippine insular bureau of public lands shall 

 also have power to establish the maximum 

 charges for surveys and publication of notices 

 under this act; and in case of excessive charges 

 for publication he may designate any newspaper 

 published in a province where mines are situated, 

 or in Manila, for the publication of mining no- 

 tices and fix the rates to be charged by such 

 paper; and to the end that the chief of the bu- 

 reau of public lands may be fully informed on 

 the subject such applicant shall file with the pro- 

 vincial 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 surveys, and of all fees and 

 money paid the provincial treasurer or the col- 

 lector of internal revenue, as the case may be, 

 which statement shall be transmitted, with the 

 other papers in the case, to the secretary of the 

 interior for the Philippine Islands. 



" SEC. 47. That all affidavits required to be 

 made under this act may 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, 

 when duly certified 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 

 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 oppos- 

 ing 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 desci'ibed 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 Span- 

 ish language, to be designated by the chief of the 

 Philippine insular bureau of public lands; and' 

 the provincial secretary or such other officer as 

 by said government may be described as mining 

 recorder shall require proofs that such notice 

 has been given. 



" SEC. 48. That where non-mineral land not con- 

 tiguous to the vein or lode is used or occupied 

 by the proprietor of such vein or lode for mining 

 or milling purposes, such non-adjacent surface 

 ground may be embraced 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; 



