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

all claims located prior to the passage of
this act, ten dollars worth of labor shall be
performed or improvements made each
year for each one hundred feet in length
along the vein until a patent shall have
been issued therefor; but where such claims
are held in common such expenditure may
be made upon any one claim; and upon
failure to comply with these conditions, the
claim or mine upon which such failure Oc-
Cured shall be open to relocation in
the same manner as if no location of
the same had never been made provided
that the original lOcat0rs, their heirs,
assigns, or legal representatives, have not
resumed work upon the claim after such
failure and before such location. Upon
the failure of any one Of several CO.
owners to contribute his proportion Of the
expenditures required by this act, the CO.
owners who have performed the labor or
made the improvements may, at the explra-
ton of the year, give such delinquent GO
owner personal notice IN writing or notice
by publication in the newspaper published
nearest the claim, for at least once a week
for ninety days, and if at the expiration of
ninety days after such notice in writing or
by publication such delinquent should fail
or refuse to contribute his proportion to
comply with this act, his interest in the
claim shall become the property of his CO.
owners who have made the required expen-
ditures.
SEC. 6. That patentfor any land claimed
and located for valuable deposits may be
obtained in the following manner: ANY
person, association, or corporation author
lied to locate claim under this act, having
claimed and located piece of land for such
purposes, who has, or have, complied with
the terms of this act, may file in the proper
land Office an application for patent, under
oath, showing such compliance, together
with plat and field-nOtes Of the claim or
claims in common, made by or under the di-
rectiOn of the United States surveyor general,
showing accurately the boundaries of the
claim or claims, which shall be distinctly
marked by monuments on the ground, and
shall post copy of such plat, together with
a notice of such application for patent, in
a conspicuous place on the land embraced
in such plat previous to the fling of the
application for a patent, and shall file an
affidavit Of at least two persons that such
notice has been duly posted as afOre-
said, and shall file 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 afidaVits,
shall publish a notice that such application
has been made, for the period 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, or at any time
thereafter, within the sixty DAYS of publica-
ton, shall file with the register certificate
of the United States surveyor general that
five hundred dollars worth of labor has
been expended or Improvements made upon
the claim by himself or grantOrs; that the
plat is cOrrectgwith such further description
by such reference to natural objects or per
manent 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 plat and notice have been
posted in a conspicuous place on the claim
during said period of publication. If no
adverse claim shall have been filed Y It'll the
register and the receiver Of the proper land
office at the expiration of the sixty days of
publication, it shall be assumed that tie
applicant is entitled to a patent, upon the
payment to the proper officer of five dol
lars per acre, and that no adverse claim
exists; and thereafter no objection from
third parties to the issuance of a patent
shall be heard, except it be shown that the
applicant has failed to comply with this
act.
Sec. 7. That where an adverse claim
shall be filed during the period Of pUblica-
persons making the same, and shall show
the nature, boundaries, and extent of such
adverse claim, and all proceedings, except
the publication of notice and making and
fling of the affidavit thereof, shall be
stayed until the controversy shall have
been settled or decided by court of com.
petent jurisdiction, or the. adverse claim
waived. 1t shall be the duty of the adverse
claimant, within thirty days after fling
his claim, to cOmmen ce proceedings in a
court of competent juris dictiOn, to deter
mine the question of the right of possession,
and prosecute the same with reasonable
diligence to final judgment; and failure
so to do shall be a waiver Of his adverse
claim. After such judgment shall have
been rendered, the party entitled to the
possession of the claim, or any portion
thereof, may, without giving further notice,
file a certified copy Of the Judgment roll
with the register of the land office, together
with the certificate of the surveyor general
that the requisite amount of labor has been
expended, or Improvements made thereon,
and the description required in other cases,
and shall pay to the receiver five dollars per
acre for his claim, together with the proper
fees, whereupOn the whole proceedings
and'the judgment roll shall be certified by
the register to the Commissioner of the
General Land Office, and patent shall is
sue thereon for the claim, or so much there
of as the applicant shall appear, from the
decision OF the court, to rightly possess. If
it shall appear from the decision of the
court that several parties are entitled to
separate and different portions of the claim,
each party may pay for his portion of the
claim, with the proper fees, and file the
certificate and description by the surveyor
general, WhereupOn the register shall GER
tify the proceedings and Judgment roll to
the Commissioner of the General Land
Office, as in the preceding case, and patents
shall issue to the several parties according
to their respective rights. Proof of citizen
ship under this act, or the acts of july
twenty-sixth, eighteen hundred and sixty
six, and July ninth, eighteen hundred
and seventy, in the case of an ms
diYidual, may consist of his own AFT
davit thereof, and in case of an assO
citation of persons unincOrpOrated, of the
affidavit of their authorized agent, made on |
his own knowledge or upon information and
belief, and in case of O. corporation organ
lied under the laws of the United States, or
of any State or Territory of the United
States, by the filing Of a certified copy Of
their charter or certificate of interpretations
and nothing herein contained shall be CON
strued to prevent the alienation of the title !
conveyed by patent for a mining-claim to |
any person whatever.
SEC. 8. That the description of vein or |
lode claims, upon surveyed lands, shall |
designate the location of the claim with |
to the lines of the public SURVEYS, |
but need not conform Herewith; but where |
a patent shall be issued as aforesaid for |
claims upon unsuTveyed lands, the surveyor |
general, in extending the surveys, shall ad- |
Just the same to the boundaries of such !
patented claims, according to the plat or /
description thereof, but 80 as in no case to |
interfere with or change the location of any