New Orleans Republican., 1872-08-14

| EVBtem OF UDlic n0surVeyS and the rectan-
| guIar 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-
! istiDg 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 segre cation of min
| 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
! preemptiOn purposes
SEC. II. That where the same person, as
sociatiOn 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 a patent for
| the placer claim, with the statement that 10
| includes such vein or lode, and in such
case (subject to the provisions Of this act
and the act entitled AN 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 ami seventy a pat
eut 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-fveNeet of snr-
face on each ide thereof Th&remaiuder
of the placer claim, or any placer claim not
mbraCing any vein OF 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 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,applicaton for q
patent for such placer claim which does not
include an application for the vein or lode
claim, shall be construed as q 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
vein or lode in a placeT-claim is not known,
a patent for the placeT-Claim shall convey
all valuable mineral and other deposits
within the boundaries thereof
SEC. u. 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 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 |
icatiOR of notices under this act; |
and, i'll case of excessive charges for publ |
cation, he may designate any newspaper !
are situated for the publication Of mining |
notices in such district, and tx the rates to |
he 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 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 vii b 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 I
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
anCCs 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 sin regard to
any property LsCOukIONbISl dU LL6 IllI6 Ol
the passage Ot 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
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 draining and exploring
tunnel to the COmstOCk lode, in the State of
Nevada" approved July twenty eight
cen hundred and sixty-six.
SEC. l3 That all atfidavit5 required to be
made under this act, or the act Of which it |
$ amendatOry, may be verified before any
)tticer authorized to administer Oaths with
II the q. land d-district where the claims
nay be situated, and all testimony
md proofs may be taken before
my such officer, and when duly GER
ifed 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
herein provided on personal notice of at
east ten days to the opposing party or if
aid party can not be found, then by publi-
alton Of at least once a week for thirty |
lays IN newspaper, to be designated by 4
he register of the land Office as published !
earest to the location of such land; and |
he register shall require proof that such
Lutice has been given.
SEC. IA. That where two or more veins
ntersect or cross each other, priority of
tile shall govern, and such prior location {
hall be entitled to all ore or mineral
Ontained within the space Of inter J
ection: Provided, however, That the sub !
equent location shall have the right l
f way through said space of intersec-
ion for the purposes of the convenient I
Working of the said mine; and provided Il
lso, that where two or more veins unite the
ldest OF prior location shall take the vein
elOw the point of union, including all the
pace Of intersection.
SEC. IS. That where non-mneral land net
ontiguOus to the vein or lode is used or oc-
upied by the proprietor of such vein or
ode for mining or milling purposes such
On-adiacent surface ground may be EN- O
raced and included in an application for a :
atent for such vein or lode, and the same a
nay be patented Herewith, subject to the I
ame preliminary requirements as to survey I
nd notice as are applicable under this act
D veins or lodes; provided that 1
% location hereafter made of such :
On-adjacent land shall exceed five t
Cres, and payment for the same must a
q made at the same rate as fixed by this 0
ct for the superfCies of the lode. The
wner Of a quartz mill or reduction works, 4
OF owning mine in connection Herewith, d
lay also receive a patent for his mill site,
S provided in this section
SEC. l6 That all acts and parts OF acts in a
herewith are hereby repealed: ! r
rOyided, that nothing contained in this act | b
nall be construed to imnair in any usay 81