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

performed OF improvements made each |
year 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 lOcatOTs, 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
bv publication in the newspaper published
nearest the claim, for at least once a week
for ninety days, and if at the expiration Of
ninety days after such notice in writing or
nv publication such DELINQUENT should fail
or refuse to contribute his proportion 10
comply with this act, his interest i'll the
! claim shall become the property OF his CO.
/ owners who have made the required eXpen-
/ ditures.
! SEC. 6. That patent for any land claimed
! aud located for valuable deposits may be
| obtained in the following manner: Any
person, association, or corporation author
/ lied to locate claim under this act, having
! claimed and located piece Of land 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-
rectiOn of the United 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 a patent, IN
! a conspicuous place on the land embraced
! in such plat previous to the filing OF the
| application for patent, and shall file an
! affidavit Of at least two persons that such
notice has been duly posted af0re-
! said and shall file. a copy OF Eald notice
in such land office, and. shall thereupOn
be entitled to a patent for said land, i'll the
! manner following: The register of the land
! Office upon the filing Of such application,
| plat, field notes, notices, and atfidavits,
! 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 fling this application, or at any time
| thereafter, within the sixty days of publica-
ton, shall file with the register 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 gTautOrs; that the
plat is correct. with such further description
| BY such reference to natural objects or per
! maneDt monuments as shall identity the
| claim, and furnish an accurate description,
| to be incorporated in the patent. At the
| expiration Of $he 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 a patent, upon the
4 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 to comply with this
| act.
SEC 7. That where an adverse claim
shall be fled during the period Of publica-
ton it shall be upon oath of the person or
persons making the sane, and shall show
the nature, boundaries, and extent of such
adverse claim, and all proceedings, except
the publication of notice aud making and
| 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 &c proceedings in q
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
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 thereceiver five dollars per
! acre for his claim, together with the proper
! fees whereupOn the whole proceedings
, and the Judgment roll shall be certified by
! the register to the Commissioner Of the
General Land Office, and a patent shall is
| sue thereon for the claim, OF 50 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
separate and different portions of the claim,
| 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 unincOrpOrated, 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 fling Of certified COPY of
| their charter or certificate of incorporation;
| and nothing herein contained shall be con-
strued to prevent the alienation of the title
conveyed by patent for 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 Herewith; but where
| a patent shall be issued as aforesaid for
| claims upon unsuTVeyed 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 50 as in no case to
interfere with or change the location of any
! such patented claim.
SEC. 9. that sections one, two, three, fsur
| and six Of an act entitled AN act granting
the night of way to ditch and canal owners