New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-08-15

worth of labor shall be performed or inn
prOvements made during each year. On
all claims located prior to the passage of
this act, ten dollars worth of labor shall be
performed or 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; aud 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 lOcatOrs, 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 eXpiTa-
ton 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 a 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.
ditures.
SEC. 6. That patent for any land claimed
and located for valuable deposits may be
obtained in the following manner: Any
person, association, or corporation author
lied to locate a 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 suchp together with
notice Of such application for patent, III
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 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 atidavits,
shall publish notice that such application
has been made, for the period of sixty days,
IN a newspaper to be by him designated as
published nearest to said claim; and he
the same period. The claimant at the time
OF filing this application, or at any time
thereafter, within the sixty days of publica-
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-
mauent monuments as shall identify the
lain, 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 a 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 a 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 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 publication of notice and 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 fling
his claim, to commence proceedings in a
court Of competent jurisd iCtiOn, to deter
mine the question of the right of possession,
and prosecute the same with reasonable
diligence to final Judgment; and failure
go 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 the receiver 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 patent shall is
.sUe thereon for the claim, or so much there |
.Cf as the applicant shall appear, from the
decision of the court, to rightly possess. If
bit shall appear from the decision of the !
court that several parties are entitled to
separate and different portions of the claim,
leach 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 |
tity 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
Blk, 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
ICED 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 {
strued to prevent the alienation of the title
by patent for a mining-claim to
any person whatever.
SEC. 8. 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 :
, patent shall be issued as aforesaid for =
claims upon unsuryeyed lands, the surveyor
general, in extending the surveys, shall adj
ust the same to the boundaries of such ! :
patented claims, according to the plat or :
Al L. |