New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-08-08

gular 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; provided,
that proceedings now pending may be prose
cuted to their final determination under ex-
| listing laws; but the provisions of this act,
when not in conflict with existing laws,
shall apply to such cases. and provided
| also, that where by the segregation of min
| eral land in any legal subdivision guam
| tity Of agricultural land less than forty
| acres remains said fractional portion OF
| agricultural land may be entered by any
party qualified by law, for homestead or
presumption purposes.
| SEC II. That where the same person, as
| sOciatiOn or corporation is IN possession of
| placer claim, and also vein or lode in
| cluded within the boundaries thereof,
| application shall be made for 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 IAN 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 ninth,
J eighteen hundred and seventy a pat
! emit shall issue for the placer claim,
| including such vein or lode, upon the pay
meDt OF five dollars per acre for such VEN
or lode claim, and twenty -fveSteet of sur
! face on each ide thereof Th&remaiuder
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 the second section of
| this act, is known to exist within the bound
! aries of a placer-claim, an application for
! 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 claimant of the placer
| claim has no right of-possession of the vein
or lode claim; but where the existence of
| vein or lode in placer-claim is not known,
a patent for the placer-claim shall convey
| all valuable mineral and other deposits
within the boundaries thereof.
! SEC. r. That the surveyor general of the
| United States may appoint in each land dis
J trict containing mineral lands as many COM
| petent surveyors as shall apply for appoint
ment to survey mining claims. The ex-
penses of the survey of vein or lode claims
| and the survey and subdivision of placer
| claims into smaller quantities than one hun
| dred 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
/
| to make the survey. The Commissioner of
| the General Land Office shall also
| have power to establish the maxi
mum charges for surveys and pub
LEGATION of notices under this act;
| and, in case of excessive charges for publ
cation, he may designate any newspaper
| published in land district where mines
are situated for the publication Of mining
notices in such district, and fix the rates to
be charged by such paper; and, to the end
| that the Commissioner may be fully In
| formed on the subject, each applicant shall
| file with the register a sworn statement Of
all charges and fees paid by said applicant
! for publication and surveys, together with
| all fees and money paid the register and re-
| ceiver of the land Office, which statement
! shall be transmitted, with the other papers
| in the case, to the Commissioner of the Gen
eral Land Office. The fees of the register
| and the receiver shall be five dollars each
for filing and acting upon each application
| for patent or adverse claim filed, and they
! shall be allowed the amount fixed by law
for reducing testimony to writing, when
! done in the land Office, such fees and allow
/ ances to be paid by the respective parties;
! and no other fees shall be charged by
! them in such cases. Nothing in this
act shall be construed to enlarge or affect
! the rights of. either party in regard to
any property in controversy at the time of
| tied ian act granting the right of way to
| ditch and canal owners over the public
| lands and for other purposes" approved
| July twenty siXth, eighteen hundred and
| siXty-siX, nor shall this act affect any right
acquired under said act; and nothing in this
| act shall be construed to repeal, impair, or
| in any way affect the provisions of the act en-
titled ian act granting to A. SutrOthe right
of way and other privileges to aid in the
construction of a draining and exploring
tunnel to the COmstOck lode, in the State of
Nevada" approved July twenty fifth, eight
cen hundred and sixty-six.
SEC. 49, That all affidavits required to be
made under this act, or the act Of which it
is amendatOryy may be verified before any
officer authorized to administer oaths with
in the land-district where the claims
may be situated, and all testimony
and proofs may be taken before
any such officer, and when duly GER
titled by ther officer taking the same,
shall have the same force and effect as if
taken before the register and receiver of
the land office. 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 opposing party; or if
said party can not be found, then by publi-
cation of at least once week for thirty
days. IN a newspaper, to be designated by
the register of the land Office as published
nearest to the location of such land and
the register shall require proof that such
notice has been given.
SEC. IA. That where two or more veins
intersect or cross each other, priority of
title shall govern, and such prior location
shall be entitled to all ore or mineral
contained within the space of inter
section: Provided, however, That the sub
sequent location shall have the right
of way through said space of intersec-
ton for the purposes Of the convenient
working of the said mine; and provided
Also that where two or more veins unite the
oldest or prior location shall take the vein
below the point of union, including all the
space of intersection.
SEC. 10. That where nOn-miDeral land not
contiguous to the vein or lode is used or Oc-
cupied by the proprietor Of such vein or
lode for mining or milling purposes such
nOn-adjacent surface ground may be en-
braced and included in an application for a.
patent for such vein or lode, and the same
may be patented Herewith subject to the
same preliminary requirements as to survey
and notice as are applicable under this act
to veins or lOdes; provided, that
no location hereafter made of such
nOn-adjacent land shall exceed five
acres, and payment for the same must
be made at the same rate as fixed by this
act for the superficies of the lode. The
owner of quartz mill or reduction works
not owning mine in connection herewith
may also receive patent for his mill site
as provided in this section.
SEC. Is. That all acts and parts OF acts in
consistent herewith are hereby repealed;
provided, that nothing contained in this act
shall be construed to impair, in any way,
mr. int in mir y I