New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-08-07

acres for each individual claimant, but |
where placer claims can not be cOntOr med |
to legal subdivisions, survey and plat shall |
be made as on unsuryeyed lands; provided, |
that proceedings now pending may be prose |
cuted to their final determination under eX-
listing 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 segregation of mill
eral land in any legal subdivision 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
presumption purposes.
SEC. II. That where the same person, as
sOciatiOn or corporation is IN possession OF a
placer claim, and also a vein or lode in
cluded within the boundaries thereof,
application shall be made tor patent for
the placer claim, with the statement that 1t
includes such vein or lode, ami IL such
case lsubiect 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 and 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-hveSeet OF sur
Il
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 q vein OF lode
such as is described in the second section OF
this act, is known to exist within the bound
aries Of a placer-claim, an application for
patent for such placer claim which does not
include an application for the vein or lode
claim, shall be construed as a 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 a
vein or lode in a placerclaim Is not known,
a patent for the placer-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 survey OF vein or lode claims
and the survey and subdivision OF placer
claims into smaller quantities than one hun
bred 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
LEGATION of notices under this act;
and, in case of excessive charges for publ
cation, he may designate any newspaper
published in land district where mines
are situated for the publication of mining
notices in such district, and fix the rates to
be charged by such paper; and, to the end
that the Commissioner may be fully in
I Io c11biap+ aocb aToOliaavf 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 filing 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 no other fees shall be charged by
! them in such cases. Nothing in this
act shall be construed to enlarge or affect
the rgh8 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 twenty-sixth, eighteen hundred and
sixty-siX, nor shall this act affect any right
acquired under said act and nothing in this
act shall De 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 q draining and exploring
tunnel to the COmstOck lode, in the State Of
Nevada approved July tWenty-htth, eight
cen hundred and siXty-siX.
SEC. 49, That all affidavits 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 be 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 ard 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 week for thirty
days III a newspaper, to be designated by
the register Of the land Office as published
nearest to the location of such land and
the register shall require proof that such
notice has been given.
SEC. H. That where two or more veins
inteIscct or cross each other, priority OF
title 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
oldest or prior location shall take the vein
below the point of union, including all the
space of intersection.
SEC. Is. That where EO1-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-adiaCent 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 supertcies 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. l6. 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 ac-
CURED under existing laws.
Approved May 10, 1872,
GENERAL NATURB-No. G3.l