New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-08-15

| system Ofpublic land surveys and the rectan-
! 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 mill
eral land in any legal subdivision a 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
sOclatiOn or corporation is IN possession of
placer claim, and also a vein or lode in
cluded within the bOunda ries 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,
eighteen hundred and seventy a pat
ent shall issue for the placer claim
including such vein or lode, upon the pay
ment Of five dollars per acre for such VEN
or lode claim, and tWenty-fvefeet of sur
face on each .ide thereof. Th&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 the second section of
this act, is known to exist within the bound
aries of placer-claim, an applica ton 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 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
SEC. y. That the surveyor general of the
United States may appoint in each land dis
tTict 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 |
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 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 a land district where mines
are situated for the publication of mining
notices in such district, and tx 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 fled 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
the passage OF this act or of the act emit
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 De 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 COmst0ck lode, in the State of
Nevada" approved July twenty-hfth, eight
zen hundred and sixty-six.
SEC. I3. That all affidavits required to be
made under this act, or the act Of which it |
: amendatOry, may be verified before any
officer authorized to administer Oaths with
Il the land-distriCt where the claims
nay be situated, and all testimony
md proofs may be taken before
my such officer, and when duly GER
lied by the officer taking the same,
hall have the same force and effect as if
AIKEN before the register and receiver of
he land office. In cases of contest as to the
mineral or agricultural character of land,
he testimony and proofs may be taken as
lerein provided on personal notice of at
east ten days to the opposing party or if
aid party can not be found, then by publ
alton of at least once q week for thirty |
lays III a newspaper, to be designated by (
he register of the land office as published | I
earest to the location of such land; and $
he register shall require proof that such !
office has been given.
SEC. a. That where two or more veins 4
ltersect or cross each other, priority of 5
tile shall govern, and such prior location c
hall be entitled to all ore or mineral
obtained within the space Of inter y
ection: Provided, however, That the sub i
equent location shall have the right L
{ way through said space of inteTsec-
ion for the purposes of the convenient 1
7Orking of the said mine; and provided Is
lsO, that where two or more veins unite the |
ldest or prior location shall take the vein
Glow the point of union, including ali the |
pace of intersection. ,
SEC. Is. That where non-mineTal land not
ontrguous to the vein or lode is used or oo-
upied by the proprietor of such vein or
ode for mining or milling purposes such
On-adjacent surface ground may be en- o
raced and included in an application for A
atent for such vein or lode, and the same a
lay be patented Herewith subject to the Il
anne preliminary requirements as to survey II
nd notice as are applicable under this act P
} veins or lOdes; provided, that L
o location hereafter made of such ,
land shall exceed five Il
ores, and payment for the same must a.
g made at the same rate as fixed by this o.
ct for the superfcies of the lode. The
wner Of quartz mill or reduction works, II
OF owning mine in connection Herewith, b.
lay also receive patent for his mill site, | v
5 provided in this section. d.
SEC Is. That all acts and parts OF acts in al
Onslstent herewith are hereby repealed | IT