LANDS MINERAL. 57 



eighteen hundred and seventy-two, shall conform as near as prac- 

 ticable with the United States system of public-land surveys, and 

 the rectangular subdivisions of such surveys, and no such location 

 shall include more than twenty acres for each individual claimant; 

 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 forty acres remains, such fractional por- 

 tion of agricultural land may be entered by any party qualified by 

 law, for homestead or preemption purposes. 



Period of possession required. 



Sec. 2332. Where such person or association, they and their grant- 

 ors, have held and worked their 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 posses- 

 sion and working of the claims for such period shall be sufficient to 

 establish a right to a patent thereto under this chapter, in the absence 

 of any adverse claim ; but nothing in this chapter 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. 



Payment and proceedings for patent. 



Sec. 2333. Where the same person, association, or corporation is 

 in possession of a placer claim, and also a vein or lode included 

 within the boundaries thereof, application shall be made for a patent 

 for the placer claim, with the statement that it includes such vein or 

 lode, and .in such case a patent shall issue for the placer claim, sub- 

 ject to the provisions of this chapter, including such vein or lode, 

 upon the payment of five dollars per acre for such vein or lode claim 

 and twenty-five feet of surface on each side thereof. The remainder 

 of the placer claim or any placer claim not embracing any vein or 

 lode claim shall be paid for at the rate of two dollars and fifty cents 

 per acre, together with all costs of proceedings ; and where a vein or 

 lode, such as is described in section twenty-three hundred and twenty, 

 is known to exist within the boundaries of a placer claim, an appli- 

 cation for a patent for such placer claim which does not include an 

 application for the vein or lode claim shall be construed as a con- 

 clusive declaration that the claimant of the placer claim has no right 

 of possession of the vein or lode claim; but where the existence of a 

 vein or lode in a placer claim is not known, a patent for the placer 

 claim shall convey all valuable mineral and other deposits within the 

 boundaries thereof. 



Survey of claim. 



Sec. 2334. The surveyor-general of the United States may appoint 

 in each land district containing mineral lands as many competent 

 surveyors as shall apply for appointment to survey mining claims. 

 The expenses of the survey of vein or lode claims, and the survey and 

 subdivision of placer claims into smaller quantities than one hundred 

 and sixty acres, 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 liberty to 



