Vermont farmer. [volume] (Newport, Orleans County, Vt.) 1870-1877, 1872-12-13


location. Upon tho ALLURE Of any ono Of several
owners 70 contribute his proportion oithe expenditures
required by this act, the coowners who have perform
cd tho labor or made tho improvements may at the
plrsuon OF Tho year, give such delinquent co.owner
personal notice IN writing or notice by publication In
the newspaper published nearest tho claim for at least
once week for ninety days and If at the expiration
cation such delinquent should fail or refuse to contrib
ute his proportion to comply with this act his interest
who have made tho required expendiurcs 80
SEC, 6. That patent for any land claimed and To-
Gated for valuable deposits may he obtained in the fol-
lowing manner Any person, association, or CORPORA
ton authorized to locate claim under this act having
who has have complied with the terms Of This act
may alo in the proper and-once application for
or with plat and feldnotes of the claim or claims in
common made by under tho direction Of tho United
States surveyor general showing accurately the bound
aries Of the claim claims which shall be distinctly
marked by monuments on the ground and shall post
copy Of such plat together with notice Of such ap-
pllcation for patent in conspicuous place the
land omhEaced In such plat previous to the filing Of the
least two persons that such notice has been duly post
ed aforesaid and shall Ole copy Of said notice in
such land-ofce, and shall thereupOn be entitled TO
patent for said land, in the manner following The
register Of the andofce, upon the filing Of such app
cation plat, heldnotes, notices, and aidavts, shall
publish notice that such application has been made,
for tho period Of sixty DAYS IN neyspaper to be by
he shall also post such notice in his Office for the
period. The claimant at the time of filing this appl
Of publication shall Ale with the register certificate
Of tho United States surveyor general that five hundred
dollars worth
ments made upon tho claim by himself or grantorsi
that the plat is correct, with such further description
by such reference TO natural objects OF mon
curate description to be incorporated in the patent
AZ the expiration Of the sixty days Of publication the
claimant shall file his affidavit, showing that the plat
and notice have been posted In conspicuous place
the claim during said period Of publication. If no ad
claim shall have been fled with the register and
the receiver of tho proper andoce at the expiration
Of the sixty days Of publication It shall be assumed
that the applicant Is entitled TO patent upon the
payment to the proper officer Of five dollars per acre.
and that no adyerao claim exists and thereafter no
shall be heard except It DO shown that the applicant
has failed to comply with this act. "a,
SEC. Z. That where an adverse claim shall be filed
during the period duplication 1t shall be upon oath
Of the person or persons making the same, and shall
show the nature boundaries and extent of such ad-
verse claim, and all proceedings, except the publica
ton of notice and making and filing Of the affidavit
thereof shall be stayed until the controversy shall
have been settled decided by court Of competent
jurisdction or the adverse claim waived. IL shall be
the duty of the adverse claimant within thirty days
after filing his claim, to commence proceedings in
court Of competent jurisdiction to determine the ques
with reasonable diligence to final Judgment; and a
failure SO to do shall be 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 certified copy OF the judgmentrol with the regis
ter Of the land-Olce together with the certificate of
the surveyor general that the requisite of labor
and the description required in other cases. and shall
pay to the receiver five dollars per for his claim
together with the proper fees whereupon the whole
proceedings and the udgmentrol shall he certified by
the register to the Commissioner of the General Land
Office, and patent shall issue thereon for the claim
such portion thereof the applicant shall appear
from the decision Of the court TO htly possess ft
shall appear from the decision of the court that
raj parties entitled to separate and different por
lions OF the claim each party may pay for his portion
of the claim with the proper fees and file the certih
cate and description by the surveyor general where
upon the register shall certify the proceedings and
judgmentrcll to the Commissioner of the General Land
Office as in the preceding case and patents shall issue
TO me several parties according to their respective
rights. Proof cf citizenship under this act the acts
IN, eighteen
and July ninth, eighteen hundred and seventy in the
case of an Individual may consist of his own affidavit
thereof and in Of an association Of persons unin
corpOrated, Of the affidavit of their authorized agent
made on his own knowledge or upon information and
belief and in of corporation organized under tho
laws OF the United States or of any state or Territory
Of the United States by the filing ola certified copy Of
their charter certificate of Incorporation and moth
ing herein contained shall be construed to prevent the
alienation of the title conveyed by patent for min
ingclam to any person whatever.
SEC. s. That the description of vein or lode claims,
upon surveyed lands, shall designate the location Of
the claim with reference to the lines Of the public
veys, but need not conform herewith but whore
surveyed lands the surveyor general, in extending the
surveys shall adjust the to tho boundaries of
ton thereof, but in to interfere with or
change the location Of any snch patented claim.
an act entitled IAN act Granting the rght Of ws ava to to-
ditch and canal owners over the public lands and for
other PURPOSES approved July twenty,siHh eighteen
repeal shall not affect existing rights Applications
Tor patents FOR now pending may be pro
but in such where adverse rights not affected
thereby patents may Issue In pursuance Of the pro
visions of this act and all patents for mningelams
heretofore Issued under the act Of July twentysxh
eighteen hundred and sixy-sX, shall convey all the
rights and privileges conferred by this act where no
adverse rights exist at the time of the passage Of this
SIC. 10. That the act entitled 'An act to amend an
act granting the right of way to ditch and canal owners
over the public lands anc for other purposes approx
ed July ninth, eighteen hundred and seventy, shall be
and remain in full force except as to the proceedings
to obtain patent, which shall be similar to the pro-
ihal hN giN
act for obtaining patents to vein or lode claims but
where said placer claims shall be upon surveyed lands
and conform tn legal subdivisions, no further survey
plat shall be required, and all Iacer miningclams
hereafter located shall conform near practicable
with the United States system Of public land surveys
and the rectangular subdivisions of such surveys and
such location shall include more than twenty acres
cannot be conOrmed to legal subdivisions survey and
plat shall be made unsuryeyed lands Prorided
their final determination under existing laws but the
provisions of this act, when not in conflict with existing
That where by the segregation of mineral land any
legal subdivision quantity Of agricultural land less
than forty acres remains said fractional portion Of ag
ricultural land may be entered by any party qualified
by law, for homestead or prescription purposes.
corporation is in possession of placerclam, and also
a VEN or lode included within the boundaries thereof
claim with the statement that It includes such Vein or
lode and in such Subject TO the provisions Of this
ing the right of way to ditch and canal tho
public lands, and for other purposes" approved July
y u
issue for the placer-caim including such vein lode,
upon the payment of five dollars per for such
or lode claim, and twenty-five feet of surface each
side thereof Tho remainder Of the plaeer-caim, or
any pacer-claim not embracing any vein OF lode claim
shall be paid for at the rate of two dollars ana fifty
cents per acre, together with all costs Of proceedings
and where vein or lode such as is described in the
second section of this act is known to exist within the
boundaries Of placer-clam, application for pat.
en- for such placorclam which does not include APP
pication for the vein lode claim shall he construed
as conclusive declaration that the claimant Of the
placeTcHi has no right OF possession Of the vein or
lode claim but where the existence Of vein or lode
in placerclam not known, patent for the placer
claim shall convey all valuable mineral Pud other de-
posits within the boundaries thereof
SEC ~. That tho surveyor general of the United
States may appoint in each land district containing
apply for appointment to survey mining claims. The
expense Of the survey of vein or lode claims and the
quantities than hundred and sixty acres together
with the cost of publication Of notices, shall be paid by
the applicants and they shall he at liberty TO obtain
the same ct the most reasonable rates and tey shall
also be Mt liberty to employ any United States deputy
surveyor to make the survey. The Commissioner Of
the General Land 0acc shah also have power estab
lsh the maximum charges for surveys and publication
Of notices under this acti and in case Of excessive
charges for publication no may designate any newspa
per published in land district where mines stua-
ted for the publication of mining notices in such dis
uct, aud fix the rates to be charged by suoh paper;
and, to the end that the Commissioner be fully in
formed ON the subject each applicant shall file with
the register sworn statement of all charges and fees
paid by SAID applicant for publication and surveys, to-
gether with al fees and money paid the register and
be transmitted, with the other papers in tho 10
the Commissioner Of the General Land Oiec The fees
of the register and the shall be five dollars
each for iAing and acting upon each application for
patent adverse claim filed, and hey shall be allowed
the amount fixed by law for reducing testimony to
writing, when done in the lapdoee, such fees and al
lowances TO he paid by the respective parties and no
other fees shall be charged by them in such cases.
Nothing IN this act shall be construed 10 enlarge OF at
feet the rights Of either party In regard 10 any property
In controversy at the time of the passage OF this act or
Of tho act entitled can act granting the right Of way To
ditch and canal owners over the public lands, and for
other purposes, approved July twentysXth eighteen
hundred and sXty-siX, nor shall this act affect any
right acquired under said act and nothing in this act
shall be construed 20 repeal impair in any way al
feet the provisions Of me act entitled "An act granting
to A. Suro the right way and other privileges to and
in the construction Of draining and exploding tunnel
to the COmstock lode Ia the State of Nevada approx