New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-08-13

! system Ofpublic land surveys and the rectan-
| gular 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-
| isting 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 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
! presumption purposes.
SEC. IL. That where the same person, as
| ISOLATION or corporation is IN possession of a
| placer claim, and also vein or lode in
| Guided within the boundaries thereof
! application shall be made for patent for
| the placer claim, with the statement that it
includes such vein or lode, and in such
| case Isubject 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
! iuGIuNlllS EuGil NCl4 VI lOuCJ upOu lLIE pay
| ment of five dollars per acre for such VEIN
! or lode claim, and twenty-fveSfeet of sur
| face on each Idle thereof. Th6Nremaiuder
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 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 placer-claim is not known,
patent for the placer-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
inent 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
LEGATION of notices under this act;
and, in case Of excessive charges for publ
cation, he may designate any newspaper
published in a land district where mines
are situated for the publication Of mining
inc IL Fl,av.
be charged by such paper; and, to the end
that the Commissioner may be fully in
formed on the stbject, 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 filing and actingupOn each application
for patent or adverse claim fled, 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 rights of either party in regard to
any property III 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-siy, 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 tan act granting to A. Sutrothe right
/ L.,
construction Of a draining and exploring
tunnel to the COmstOck lode, in the State Of
Nevada approved July twenty-htth, eight
cen hundred and siXty-six
SEC. ID. That all atfidavits 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 III 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
inteTseCt 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 inteTsec-
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. ID. 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-
bTaced 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 supeTficies 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 &C. That all acts and parts OF acts in |
consistent herewith are hereby repealed: |
provided, that nothing contained jim this act |
shall he construed To iDIDair in any way |