New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-08-03

acres Tor eacn lDulNluual CLAIMANT Dub
where placer claims can not be eOnfOr med
to legal subdivisions, survey and plat shall
be made as on unsurveyed lands; prov ided,
that proceedings now pending may be prose-
cuted TO their final determination un der ex-
listing laws; but the provisions of his act,
when not in conflict with existin laws,
shall apply to such cases; and provided
also, that where by the segregation of mill
eral land in any legal subdivision guam
tity of agricultural land less than forty
acres. remains, saids fractional portion OF
agricultural land may be en- tered by any
party qualified by law, for homestead or
preemptiOn purposes. .s
SEC. IL. That where the sa ME person, as
sOciatiOn or corporation is in possession OF
placer claim, and also a vein or lode an
, ClUd6d within the boundaries thereof,
application shall be made tor patent for
the placer claim, with the statement that it
includes such vein or lode, and in such
case (suhiect 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 VEIN
or lode claim, and twenty-five feet Of sur
face on each ide thereof The 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 i'll the second section of
this act, is known to exist within the bound
aries of placer-Claim, an application for
patent for such placer claim which does not
include an application tor the vein or lode
claim, shall be construed az a conclusive
1ICSvr I'll,
claim has no right of posse ssiOn of the vein
or lode claim; out where the existence of
vein or lode in placeT-claim is not known,
a patent for the placeT-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
trict containing mineral lands as many com.
petent surveyors as shall apply for appoint
ment to survey mining claims. The ex-
penses Of the surveyor vein or lode elaine
and the survey and subdivision of placer
claims into smaller quantities than one hun
dred and sixty acres. together " 'the cost
, Of publication of notice by
the applicants, and they rty
to obtain the same at the most ne
rates; and they shall also be at 1iDeTty 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.publi-
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 fix the rates To
be charged 10y 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 fling 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 10 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 twentysixth,, 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 CamstOck lode in the State of
Nevada" approved July tWenty-hfthj eight
cen hundred and sixty-six.
SEC. -. That all aflidavits required to be
made under this act, or the act of which it
is amendatory, 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 he taken before
any such officer, and when duly GER
titled by the 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 publ
cation OF at least once a week for thirty
DAYS IN a newspaper, to be designated by
the register of the land office as published
nearest to the lOGatiOnrOf such land and
the register shall require proof that such
notice has been given.
SEC. IA. That where two or more veins
inteIsect or cross each other, priority of
tie 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
OldeRtO or prior location shall take the vein
below the point of union, including all the
space of intersection.
SEC. Is. That where nOn-mineral 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
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 superticies of the lode. The
owner Of a quartz mill or reduction works,
not owning a mine in connection herewith,
may also receive patent for his mill site,
as provided in this section.
SEC. To- 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,
rights or interests in mining property &C
CURED under existing laws.
Approved May TO-, 1872
FGENERAL NiTURE-Eo. c31