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

performed or improvements made each
wear 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 lUcators, 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-
tiun of the year, give such delinquent CO.
owner personal notice in writing or notice
by publication in. the newspaper published
nearest the claim, for at least once 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 III the
claim shall become the property of his CO.
owners who have made the required eXpen-
dituTes.
SEC. 6. That a patent for any land claimed
and located for valuable deposits may De
obtained in the following manner ANY
perFon, association or corporation author
lied to locate a claim under this act. having
claimed and located piece Ofland 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-
TectiOn of the l nited 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 a copy of such plat, together with
a notice of such application for patent, in
a conspicuous pace on the land embraced
in such plat previous to the filing 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 a copy of said notice
in such land Office, and shall thereupOn
be entitled to paBnt for said land, in the
manner following: The register Of the land
office, upon the filing of such application,
plat, field notes, notices, and atidavits,
shall publish a notice that such application
has been made, for the period Of sixty days,
in 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
JuGEGdlltTy NlUulIA ll6 BlAby udAS u puDllCd-
ton, shall file with the register a 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 correct, with 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 with 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 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 patent
shall be heard, except it be shown that the
applicant has failed t0 comply. with this
act.
SEC 7. That where an adverse claim
shall be filed during the period Of publica- /
ton, it shall be upon oath Of the person or
persons making the same, and shall show
the nature, boundaries, and extent of such
adverse claim, and all proceedings, except. !
the DuDllCdtlO0 OF OOtlCe anu making ana
filing 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 filing
his claim, to common 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 a failure
so to do shall be a waiver of his adverse I
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, WheTeupOn 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
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 in
dividual may consist of his own aft
davit thereof and in case of an assO
citation Of persons uninCOTpOrated, of the
affidavit of their authorized agent, made on
his own knowledge or upon information and
belief, and in case of a 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 incorporation;
and nothing herein contained shall be con
stTued to prevent the alienation of the title
conveyed by patent for a mining claim to
any person whatever.
SEC g. 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 surveys,
but need not conform thereWith; but where
a patent shall be issued as aforesaid for
claims upon unsurveyed lands the surveyor
general, in extending. the surveys, shall adj
just the same to the boundaries of such
patented claims, according to the plat or
description thereof, but so as in no case to
interfere with or change the location of any
such patented claim.
SEC. 9. That sections one, two, three four
and six Of an act entitled AN act granting
the right of way to ditch and canal owners