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IVIaps. plates, charts, etc., mey be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, ac many frames as required. The following diagrams illustrate the method: Les cartes, plancher. tableaux, etc.. peuvent Atre filmte A des taux cie rMuctlon diffArents. Lorsque le document est trop grsnd pour Atre reproduit en un seul clichA. 11 est fllm6 A partir de I'angle supArieur geuche. de gauche A droits, et de haut en bes. en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent le mAthode. 1 1 2 3 1 2 3 4 5 6 » MINING LAWS wm\ ov f €§M,WMBM ' • CONT"RASTGD WITH THOSE OP '*^. :•*: OTHER COUNTRIES. t % ^-■ # VICTORIA, B. C. : PEINTEIi AT THE BRITISH CoLGNIST OFFICE, 1873. > % 12-73 p %, f * ' • t ^3 9S'o t' Deak Sik, I respectfully call your attention to the Mining Law of British Columbia known as the Gold Mining Ordinance, 1865, and ask your assistance in having it changed so as to compare with the more liberal Laws of the Dominion of Canada, or those of the United States. England has furnished millions to buy and work mines in the United States. I believe they will furnish the same capital to British Columbia providing the same liberal title can be given for the ^Miues. By the report of an English Mining Engineer (Capt. Jumes Barrett) dated 24th September, 1869, Buckeye Gravel Claim, B||ftgeport, Nevada County, California, was sold to London cat)italists for £55,000. Mr. Pearcy, late of the Forest Rose Claim, Cariboo, after reading the report in full, gave it as his opinion that the Forest Rose was the best mine of the two, vet he sold it at the rate of $8000. Many American placor mines have been sold at large figures in London and other cities. British Columbia placer mines, such as the Ballarat, Forest Rose, Black Bull, Van Winkle, Gladstone and others, too numerous to mention, should bring like favorable prices. The American Miner can give a United States Patent (the Domin- ion of Canada is equally liber.d). But the miner of British Colum- bia can give no satisfactoiy title. To the miner living upon the ground the possessoiy title is good. Bvit the same is worthless to the capitalist who lives in London, San Francisco or elbewhere. They require a Proprietory title. Such laws as we have here rule out those who would buy for cash. When Mr. Pearcy sold to his partners, he did not increase the wealth of Cariboo. If a sale is made to outside parties it is so much added to the wealth of thi; countiy. Leases of undeveloped ground bring additional wealth intij British Columbia, but do not increase the value of the Free Mining property. So long as the law prevents the miner from selling to the high- est bidder, it debars him from one of the principal chances of making money. " Will liberal laws drive men from this country?" I believe the present Law has been the cause of many men leaving British Columbia! I am aware that it is easy to point out defects in Mining Laws. The cure for them requires time, thought and care, together with a thorough knowledge of the subject, of mining and mining lava's. I only know of one policy safe to adopt, that is, cojty from the example of liberal nations who have given the mining laws careful study and adopted such laws as experience has taught tliem to l)e the best. T!ie Dominion of Canada is prosperiiig under more liberal mining laws. The mines of Lake Superior (Silver Islet) though young when compared with the mines of British ('Oluiubia have far surpatwed us in prosperity, while Cariboo, which in my estimation is the best mining district within the Confederation of Canada, is almost dead. I believe she would awaken to new hfe and energy under more liberal laws. Her prosperity will help the fanner, merchant, banker, steamboatman, teamster and others throughout the country and I doubt not that Legislators from other districts will aid in pasuiug such laws as recpiirod. 11 ;»' KayinoncVs reports, page 214: Ontario session ending Dec. 1868, passed a law abolishing all royalty, taxes and duties imposed by any previous patents, and rescinded all reservations of gold and silver mines contained in previous grants. The fee simple of the minerals is made over to the owner of the soil and no reservation or exception of gold, silver, iron, copper or other minei'als may here- after be inserted in any Patent from the Crown granting lands sold as mining lands. Page 215 remarks: The new and more liberal policy is gaining ground and doubtless the example of Ontario will be followed by other provinces. The principle of re- form is a release of the miners from onerous taxation ; other neces- sai'y or advisable improvements will follow as they are dictat by experience. The Dominion, following the example of Ontai passed a law equal in liberality to the mining laws of any nation. "The Laws of Prussia." Raymond's report (page 109). The state surrenders entirely its claim to mineral rights, and stands henceforth on the same footing as private citizens, retaining only the right of police, justice and finance, which it exercises over every form of property and labor. Page 116. The assertion of any right of Royalty in the precious metels is unfounded in nature and unwise in practice. The most enlightened nations have abandoned the idea of anytliiug more than a general supremacy of the State over mining in the interest of the people. The mining laws of the United States are for the purpose of giving the miner a satisfactory proprietory title. The laws of the Dominion are tiio same, they do not interfere with the working or holding of proprietory or possessory titles by minere, and they l^lace no restrictions ujjon the miner, regarding ditches, bedrock Humes, laying over, mining boards, or time of manner of working* but leave such regulations to the miners themselves who pass their own laws regarding local rights. The miners on Peace River may desire ditch or other rights dififerent from the Cariboo Miners. If so let them regulate it themselves upon the spot. If a lease is ap- plied for let the miners in the district recommend it or not as they may see proper. But don't compel the applicant to wait for the slow coach of Government month after month. I applied for a lease on Willow River, May 1st, 1872, .and received no answer until August 22nd. The application is still "swinging round the circle." In the Dominion and in the United States I could have 'bought the ground' formed a company, had the machinery upon the ground and in working orrlor in less time than it takes this Government to say "yes" or "no." The Mining Laws of the Dominion of Canada are being included in an Act respecting Public Lands assented to April 14th, 1872. Vic. 35, Page G8, says as follows: MININO LANDS. 87. No reservation of gold, silver, iron.copper, orother mines or minerals shall be inserted in any patent from the Crown granting any portion of the Dominion lands. 38 Any person or persons may explore for mines or minerals on n,ay of the Dominion lands, surveyed or unsurveyed, and not then marked or staked out and claimed or occupied, and may, subject to the provisions hereinafter contained, purchase the same. 30. IVIining lands if in surveyed townships may be acquired under the provisions herein contained, and S' hall be sold in legal subdivisions. When situate in unsui'veyed territory and without the limits of the Fertile Belt, such lands shall be sold in blocks to be called mininj? locations; and every such mining location, except us hereinafter provided, shall be bounded by lines due north and south and due east and west, astronomically; and each such location shall correspond with one of the following dimensions, namely, eighty chains in length by forty in width, containing three hundred and twenty acres —or forty chiins square, containing one hundred and sixty acres, — or forty chains in length by twenty in width, con- taining eighty acres. 1. Pi'ovided further that in case of certain lands proving to be rich in minerals, the Secretary of State shall have the power to withdraw such lands from sale, and in lieu thereof institute a system of lease. 2. The rent payable to the Crown under any such lease shall be a royalty not to exceed two and a half per cent, on the net profits of working. 3. Provided further that when there are two or more applicants for the same tract, and prior right in either or of any applicants is not established to the satisfaction of the Secretary of State, the same may be tendered for by the claimants on stated tenns of lease and sold to the highest bidder. 4. Provided also that in tenitory supposed to contain min- erals the Secretary of State may in his discretion reserve from sale alternate locations, or quarter sections, or other legal subdivisions with the view of subsequently offering the same either for sale or lease at public competition. 40. Mining locations in unsurveyed tenitory shall be sur- veyed by a Deputy Surveyor, and shall be connected with some known point ir previous surveys, or with some other known point or boundary (so that the tract may be laid down on the maps of the tenitory in the Dominion Lands Office) at the cost of the appli- cants, who shall be required to furnish with their application the Surveyor's plan, field notes and description thereof. 41. No distinction in price shall be made between lands sup- posed to contain mines or minerals, and farming lands, but both classes shall be sold at the uniform price of one dollar per acre provided that clause 29 of this Act as regards offering lands at public sale shall apply to coal and mineral lands also, when the same are in surveyed townships. 42. It shall also be lawful for the Secretary of State to exempt from the preceding provisions of this Act such of the Dominion lands upon or adjoining the banks of rivers or other watei-s as may be supposed to contain valuable " Bar," " Bench," or " Dry Dig- gings" for gold or other precious metals; and the Governor in Council shall regulate from time to time, as the same may become necessary and expedient, the nature and size of the claims con- taining such diggings, and shall fix tlie terns and conditions upon wl'.i.li the same shall bo held and worked, and the |t'ees ov| royalty payable in resjioct tliereof,and shall appoint and fix the salaries and ])vescribe the duties of such oflioers as may be necessary to carry out such regulations. The Clause referred to in Clause 41 is as follows: — 29. Unai)]>ropriated Dominion lands, the smveys of which IGI n •r may have boon July inatle and continiu'd, sluill, except uh otlior- wiso heroiiiiiftor providod, he open for piirclmse at tlic irAe of one dollar per acre: but no such purchase ol" more than a section, or six Inindrod and forty acn-os, shall b" made by the same person; provided that, whenever ho ordered by the Secr(!taiy of State, such unoccupied lands ns may bo deemed by !u!nexi)edient from tunc to time shidl be [)ut up at public sale (of which sale due and suliicient notice shall be ^'iven) at the upset price of one dollar per acre, anil bold to the highest bidder. The United States passed no laws re,','ardin<:f mines or mining' lands until nearly twenty years after the mines of Califcu'nia were struck. Previous to 18()() the miners made their own laws and re^'ulations and held possessory title, dunn^»'that year the Oerteral (lovernmont passed a law by which the miners ^2.~y0 per acre. In order to carry the lawH into eflfect it requires no special officials, the land and survey otlicers doinj,'' the work, for which they receive fees only, I believe the only official in the employment of the Government is Kossiter AV. liay- mond, U. S. Commissioner of Mininpf Statistics. He was employed for the purpose of <4'ainin^ information ref^'ardinuf the wants of the miners so that the (lovernment could })ass suitable laws. Clause third of the instructions ,o-ivcn to him by tlie (lovernnieut required him to report upon (April, 18(J8.) as follows: The s))eeial Tieeds of tlio ijfreat mining interest, how it can be encouraged and rendered most productive, how far individual en- terpri-^e should be loft untramnieled by lej^islative action, and to what extent and in what instances government might properly lend its aid to facilitate the development of the mines and thus arrest the present annual decrease in the p.toduetion of Iv.illion. Upon his report the present Alining Law was passed in 187 '2, and is as follows : Section 1. Tiiat all mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and oi)en to exjiloration and purchase, and the lands in which they are found, tt) occupation and purchase, by citizens of the United States and those who have declared their intention to be- coi"'> such, under regulations jtrescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inccnisistent with the laws of the United States. S(>c. 2. That mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnibar, lead, tin, cop]ier or other valuable deposits, luretefore located, sljall be governed as to the length along tlie vein or lode by the customs, regulations and laws in force at the date of their location. A mining (!laim located after thei)assa,ye of this act, whether located l)y one or more persons, may e([ual but shall not exceed 1,")()0 feet in length along the vein or lode; but no location of a mining claim shall hv made until the discovery of the vein or lode within the limits of the claim located. No claim shall extend more than WO feet on each side of the the middle of the voin at the surface, nor shall anv '•hiini Ml-- lira ho till hv limited bv any miiiiinf rc^'ulatiun to lesH tban 25 foet on f'acli side of the middle of the vein at the nurfaee, except where diverse rijj:hts existing' at the passa^'e of this ai't shall render such limitation necessary. The end lines of eaeh claim shall be parallel 1o each other. Sec. 3, That the lonators of" all minin;,' lo'^ations heretofore mad(\ or which shall hereafter be made, on any mineral vein, lode or Icdjfo, situated on the piiblic domain, their heirs and assigns, whore no adverse claim e>:ists at the passa^'e of this act, so long as they comply with the laAVs of the United States, and with State, Territorial and local regulations not in conflict with the said laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth, the top of the apex of which lies inside of such surface lines extended downwards verti- cally, although such veins, lodes or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of said surface locations; provided, that the right of possession of such outside parts of said veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn dowiiward as aforesaid, through the end lines of their locations, so continued in their own dii'ection that such plans will intersect such exterior parts of said veins or ledges; and provided further, that nothing in this section shall authorize tlie locator or possessor of a vein or lode which extends in its down- ward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. Sec. 4. That where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of possession of all veins or lodes ■within 3,000 feet from the face of such tunnel, on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovei-ed from the surf a( e ; and locations on the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while'the same is being prosecuted with reasonable diligence, shall be invalid; but failure to prosecute the work on tiie tunnel for six months shall be considered as an abandonment of the right to all undiscovered veins on the line of said tunnel. Sec. 5. That the miners of each mining district may make rules and regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the dis- trict is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining claim subject to the following requirements : The location must be dis- tinctly marked on the ground so that the boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of location, and such a description of the claim ov claims located, by nfcrence to some natural object or i)ermauent monument as will identify the claim. On each cLiim h>cated alter the passage of this act, and until a ]:)atent shall have been issued therefor, not less tlian $100 worth of labor shall be nerformeil or improvements made during each year. . I 1 S 1 1 I On all olrtims locatetl prior U) the passft','e of this net, |10 worth of labor simll ho performnd or improveiuents miule for caeh oue hundred feet in hMi^tli aloMfjftlio vein until a patent .shall have been issued therefor; but where such claims arc I'fld in common, 8u»h expenditure may be nnide on any one claim. And u|)on a failure to comply with these conditions, the claim or mine upon which such failure occurred siuill be open to relocation in the same inan- ner as if no location of the sanu) hail ever been made: Provided. That the orii^inal locatora, their heirs, assi{,^us or lc;,'al represonia- tives, have not resumed work upon the claim after 8uch failui'e and before such location. Upon the failure of any one of the several co-owners to contribute disproportion of the expenditures rec^uired by this act, the co-owners who have i)orfornied the labor or made the improvement may, at the expiration of the jear, ^ive such de- Iniquent co-owner per.sonal notice in writing or notice by publication in the newspaper i)ublished nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after Buch notice in writing' or by publicaticm, such delin([Uont should fail or refuse to contribute his jiroportiou to comply with this act, his interest in the claim shall become the property of his co-owners who have made the recfuired expenditure. Sec. (J. That a patent for any land claimed and located for valuable deposits may be obtained in the following' manner: any person, association or corporation authorized to locate a claim under this act having claimed or located a piece of land for such purpose, who has, or may have complied with the terms of this act, may file in the proper laud office an application for a patent, under oath, sliowinfif such compliance together with a plat and field notes of the claim or claims in common, made by or under the direction of the United States Surveyor-(3eneral, showing ac- curately the boundaries of the claim or claims, which .shall be dis- tinctly 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 affi- davit of at least two persons that such notice has been duly postr d as aforesaid, and shall file a copy of said notice in such land office, and shall thereupon be entitled to a patent for said land, in the manner following: the Register of the land office, upon the filing of such application, plat, field notes, notices and affidavits shall publish a notice that such application has been made, for the peiiod of sixty days, in a newspaper to be by him designated as published nearest to said claim, and he shall also post such notice in his office for the same period. The claimant at the time of filing this application, yyr at any time thereafter within the sixty days of ]mblication, shall file with the Register a certificate of the United States Surveyor-General that ^oOtn worth of labor has beenex))ended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by reference to natural objects or permanent monuments as shall identify the claim and furnish an accurate description to be incorporated in the patent. At the expiration of the sixty days of publication the claimant shall file his affidavit, showing that' the ])lat and notices have been posted in a conspicuous place on the claim during the It |9| said period of publication. If no adverse claim shall have been tiled with the Rej^istor and Receiver of the proper land olKce at tbe expiration of the sixty days of publication, it shall be assum- ed' that the applicant is cut'' Jed to the patent, upon the payment to the proper ollicer of tive dollan; phr aero, and that no adverse claim eriists; and thereafter no objection from third parties to the issuance of a patent shall bo heard, except 't be shown that the applicpnt has tailed to comply with this act. Sec. 7. That whore an adverse claim shall bo tiled during? the period of uublication, it shall bo upon oath of the ])evson or persons niakin*^ the same, and shall show the nature, boundaries and '^' tent of such adverse claim, and all proceedinj^y. except the publication of notice, and making' and tilinpf of tao affidavit thereof, sliall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction, or the ad- verse cliiim waived. It shall bo the dutv of the adverse claimant, within thirty days after tiliuLif 1 is claim, to commence proceedings in a court of competent jurisdi-tion, to determine the cpiestion of the right of possession, and prosecute the same with reasonable diligence to tinal judgment; and a failure ( do so shall be a waiver of his adverse claim. After such judgmn;. shall have been rendered, the party entitled to the jiossession of the claim, or any portion theret>f, may, without giving further notici'', tile a rortitied copy of the judgment roll with the Rogif, . of the T.and Office, together with the certiticate of the Suiweyor fjoneral, that the recpiisiife amount of labor haT been expendr \ or improvements riada thereon, and the description required in other cases, and shall pay to the Receiver tive dollars per acre for his claim, to- gether' with the proper fee, whereupon tlic whole proceedinir^ and the judgment roll shall be ccrtiticd to by the Register to the CoiU- missioner of tlie (leneral Laud Office, and a patent shall issue thereon, for the claim, or such i)(ution thereof as the applicant shall a])])ear, from the decision of the court, to rirhtfully possess. If it shall appear from the decision of the court that several parties are entitled to separate and dillerent portions of tlie claim, each party may i)ay for his portion of the claim, with the proper fees, and tile the <;ertiticato and des('ii|)tion by the Surveyor General, whereupon the Register shall certify the proceedings and judgment roll to the Commissioner of the General Land Office, as in the pvecediug case, and patents shall issue to the several parties ac- (!ording to their respective rights. Proofs of (citizenship under this act or "the acts of July 26th, iscc, and July i)th, 1870, in the case of an individual, may consist of his own affidavit thereon, and in case of an association of persons unincorporated, of the affidavit of their authorized agent, made on his own knowledge or upon in- formation and l)elief , and in case of a corporation orjranized under the laws of the United States or of any State or Territory' of the United States, by the tiling of a certitied copy of their charter or certiticate of incorporation; and nc.h.ing herein contained shall be construed to prevent the alienation of tha title conveyed by a patent for a mining claim to any person whaiover. Sec. 8, That the description of vein or lode claims, npon surveyed lands, shall desigjiate 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 as aforesaid for i 1 [ [10 1 claims upon unsurveyed lands, the Surveyor-General, in oRending the surveys, shall adjust the same to the lyoundaries of such pa- tented claim, according to the plat or description thereof, but so as in no case to intei-f ere with or change the location of any such patented claim. Sec. 9. That sections 1, 2, 3,4, and 6, of " an act granting the right of way ■ > ditch and caual owners over the public lands, and for other purposes," approved July 2(5, 18G6, are hereby re- pealed, but such repeal shall not afifect existing rights. Applica- tions for patents for mining claims now pending may be prosecuted to a final decision in the General Land Office; but in such cases where adverse rights are not affected thereby, patents may issue in pursuance of the provisions of this act; and all patents for mining claims heretofore issued under the act of July 2(>th, 186(5, shall convey all the rights and privileges conferred by this act where no adverse rights exist at the time of the passage of this act. Sec. 10. That the act entitled '* an act to amend an act grant- ing the right of way to ditch and canal owners over the public lands and for other purposes," approved July 9th, 1870, shall be and remain in full force, except as to the proceedings prescribed by Sections 6 and 7 of this act for obtaining patents to vein or lode claims; but where swid placer claims shall be upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required. All placer mining claims hereafter located shall conform as near as practicable with the United States system of public laud surveys and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each in- dividual claimant; but where placer claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; Provided, That proceedings now pending may be prosecu- ted to their final determination under existing laws, but the ])ro- visions of this act, when not in conflict with existing laws, shall apply to such cases; Provided, also, That where by the segrega- tion of mineral lands in any legvl subdivisions a (luantity of agri- cultural land less than forty acres remains, said- fractional portion of agricultural land may be entered by any party qualified by law for homestead or pre-emption purposes. Sec. 11. That where the same person, association or corpora- tion is in possession of a placer claim, and also a vein or lode inclu- ded 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 (subject to the provisions of this act and the act entitled "an act to amend an act granting the right of way to ditch and canal owners over the public lands, and for other purposes," approved July 9th, 1870) a patent shall issue for the placer claim, including such vein or lode, upon the pay- ment of $5 per acre for such vein or lode claim, and 25 feet of surface on each side thereof. The remainder of tiie placer claim, or any placer claim not embracing any vein or lode claim, shall be paid for at the rate of $2,50 per acre, together with all costs of proceedings; and where a vein or lode, such as is described in the second section of this act, is known to exist within the boundaries of a placer claim , an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the clfimant of shall )i])ora- inclu- e for a ous of ng the H, aucl issue e pay- eet of claim, shall OStn of in the lidaries r claim claim ant of the placer claim has no right of poBsessiou 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 valu- able mineral and other deposits within the boundaries thereof. Sec. 12. That the Surveyor-General of the United States may appoint in each land district containing mineral lands as many competent surveyors as shall ajjply for appointment to sui'vey mining claims. The expenses of the survey of the vein or lode claims, and the survey and subdivision of placer claims into small© t quantities than 1(50 acres, together with the costs of publi- ationof 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 United States Deputy Surveyor to make the survey. The Commissioner of the General Land Office shall also have power to establish the maxi- mum cliarges f{)r surveys and publication of notices under this act; and in case of excessive charges for ^publication he may designate any newspaper pul)lished in a land district where mines are situa- ted for the publication of mining notices m such district, and fix the rates to be charged by such paper; and, to the end that the Co)u- missioner may be fully informed ou the subject, each applicant shall file with the Register a sworn statement of all charges and fees paid by said applicant f(U' publication and surveys, together with all fees and money paid the Register and Receiver of the Land Office, which statement shall be transmitted, withtlie other papers in the case, to the Conunissioner of the General Land Office, Tlie fees of the Register and Receiver shall be five dollars each for filing and acting upon each application for patent or ad- verse claim filed, and they shall be allowed tlie amount fixed by law for reducing restimony to writing, when done in the Land Office; such fees and allowances to be jiaid by the resjiective parties; and ncj other fees shall be charged by them in such cases. Nothing in this act shall be construed to enlarge or affect th«' rights of either party in regard to any proi^erty in controversy at the time of the passage of this net, or of the act '.ntitled "an act granting the right of way to ditch and canal owners over the ]ml)lic lands, and for other i)ur])oseb," ap])roved July 2(')th, 18(U1, nor shall this act affect any right acquired under saiil act: and nothing in this act shall be construed to repeal, impair or in any way affect the provisions of tlie act entitled "an actgrantinu' to A. Sutro, the right of way and other [)rivileges to aid in the loiistruc- tion of a draining and exploring tunnel to the Coinstock lodo. in the 'State of Nevada," approved Julv 'ioth. ISOd. Sec. 13. That all affidavits required to be made under tins act or the act of which it is amendiitoiy, may be verified bef(u-e any officer authorized to administer oatlis within the land district wliere the claims may be situated, and all t(>stinionv and pioofs may be taker before an v such officer, and when duly ceihiud bv the officer taking the same shall have the same force aii