Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-24

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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 prop
er fees, and file the certihcate and description
by the Surveyor-General, whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner OF the Land Office as in the
preceding case, and patents shall issue to the
| several parties according to their respective
rights. Proof Of citizenship under this act, or
the act of July Goth 1866, and July ., 1870 in the
| case Of an individual, may consist in his own
affidavit thereof, and in case of an association OF
persons unincorporated OF the aihdavit of their
| authorized agent, made on his own knowledge or
upon information and belief and in of q
| corporation organized under the laws Of the
United States, of any State or Territory of the
United States, by the filing OF certified copy Of
their charter or certificate Of Incorporation; and
| nothing herein contained shall be construed to
| prevent the alienation Of the title conveyed by
patent for mining claim to any person what
| ever.
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 patent shall be
| issued as aforesaid for claims upon unsur-
| veyed lands the Surveyor General in extending
the surveys, shall adjust the same to the boun-
daries of such patented claims, according to the
plat or description thereof, put 80 as in no case
| to interfere with or change the location OF any
such patented claim.
SEC 8. That sections one, two, three. four and
six. Of an act entitled An 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,
arc hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose-
cuted to o final decision in the General Land
Office; but in such cases where adverse rights
are not affected thereby, patents may issue in
pursuance of the provisions OF this act; and all
patents for mining claims heretofore issued
| "a a,t Of T,1ly tE.giy
hundred and ty-six, shall convey all the rights
and privileges conferred by this act where no
adverse rights exist at the time OF the passage Of
this set.
SEC. 10. That the act entitled An Act to
J 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, shall De and remain in
full force except as to the proceedings to obtain
patent which shall be similar to the proceed
ings prescribed by sections six and seven Of this
act for obtaining patents to vein or lode claims
but where said placer-claims shall be upon sur
= veyed lands, and conform to legal subdivisions
r further survey or plat shall be required, and
: all placer mining claims hereafter located shall
y conform as near as practicable with the United
j. States system Of public land surveys and the
e | rectangular subdivisions of such surveys and
/. | no such location shall include more than twenty
b acres for each individual claimant, but where
r | placer-claims cannot be conformed to legal sub
f division, survey and plat shall be made as Oh
u
f now pending may be prosecuted to their final
e determination under existing laws; but the pro
# visions Of this act, when not in conflict with ex
/ listing laws, shall apply to such cases: And pro
O yided also. That where by the segregation o.
e mineral land in any legal subdivision quantity
> of agriculture! land less than forty acres re
It mains, said fractional portion of agriculture
IS land may be entered by any party qualified by
h law, for homestead or presumption purposes.
s SEC. IL. That where the same person, assooia
d ton or corporation in possession of placer
If claim, and also vein or lode included within
It the boundaries thereof, application shall b.
d made for patent for the placer-claim, with tn,
statement that it includes such vein or lode anC
n in such case subject to the provisions of thi
e act and the act entitled 'An act to amend an nc
r granting the right of way TO ditch and cana
d owners over the public lands, and for other pur
poses; approved July ninth, eighteen hundre,
e and seventy patent shall issue for the placer
v claim including such vein or lode, upon tn
IL payment of five dollars per acre for such vein o
IS lode claim and twenty-fiv feet of surface Of
h each side thereof The remainder of the placer
n claim, or any placer claim not embracing an
ne vein lode claim, shall be paid for at the rat
ID of two dollars and fifty cents per acre, to.ethe
,r with all costs of proceedings; and where aven
W lode, such described in the second section O
he this act, is known to exist within the boundarie
d Of placer-claim, an application for patent fo
IT such placerclaim, which does not include an aI
,r plication for the vein or lode claim shall b
A. construed as conclusive declaration that tn
m claimant of the placer-claim has no right OF pc,
session Of the vein or lode claim; but where tn
g. existence of vein or lode in pacer-caim is nc
a. known, apatent for the placer-claim shall conve
h all valuable mineral and other deposits with
ne tn boundaries thereof.
n SEC. II That the Surveyor General of tn
to United states may appoint in each land distrit
to containing mineral lands as many competer
be surveyors as shall apply for appointment to su
its vey mining claims. The expenses of the survt
of of vein or lode claims, and the survey and SUI
he DIVISION OF placer claims into smaller quantiti
"a than one hundred and sixty acres, together vii
or the cost of publication of notices shall be paid
raj the applicants and they shall be at liberty to
ify tain the at the most reasonable rates, al
as they shall also be at liberty to employ any Unit,
Wa States Deputy Surveyor to make the surve
ed The Commissioner of the General Land Off
M shall also have power to establish the maximu
all charges for surveys and publication of motto
MIS- under this act and, in case of excessive charg
ALI for publication he may designate any newspap
de published in land district where mines a
net situated, for the publication of mining motto
all in such district, and fix the rates to lie charg
ms by such paper; and, to the end that the Commi
be soner may be fully informed on the subjet
to each applicant shall file with the Register
me sworn statement Of all charges and fees paid
zen said applicant for publication and surveys,
ca gether with I'LL fees and money paid the Resist
ed and Receiver of the land-otice, which stateme
rs shall be transmitted, with the papers in t
re- case, to the Commissioner of the General Ian
ure Office. The fees of the Register and the Il
Of cever shall be five dollars each for filing al
his acting upon each application 1Or patent or q
,ct verse claim filed. and they shall be allowed t
or amount fixed by law for reducing ties
ion mony to writing. when done in Land Office SUI
,er fees and allowances to be paid by the respect
ion parties; and no other fees shall be charged
i'm them in such cases. Nothing in this act shall
at construed to enlarge affect the rights of eth
in party in regard to any property in controversy
uld the time Of the passage OF this act or Of the
10 entitled IAN act granting the right OF way
i'm ditch and canal owners over the public lane
rho and for other purposes" approved July &c, lS
nor shall this act affect any right acquired und
ned said act; and nothing in this act shall be &C
Oh strued to repeal, impair or in any way affect
ION provisions of the act entitled AN act grant,
Ia to A. Sutro the right of way and other priviles
ted to aid in the construction of draining and G
or ploring tunnel to the Comstock Lode, in
nav State of Nevada, approved July Goth, 1866.
,r SEC. 10. That all aidavits required to
,ce | made under this act, the act to which 1T
aim amendatory may be verified before any Off,
al authorized to administer oaths within the la
raj district where the claims may be situated, a
aim | all testimony and proofs may be taken befc
hv any such officer, and, when duly certified by I
ony officer taking the same, shall have the same fol
uch and effect as If taken before the Register a
,cn. Receiver of the Land Office. In cases of cont
nrc as to the mineral or agricultural character
ppsf land, the testimony and proofs may be taken
wo herein provided, on personal notice OF at LEI
as ten days to the opposing party; or II said pa
. in cannot be found then by publication OF at LEI
tlaJ once week for thirty days in newspaper, to
na. designated by the Register of the Land Office
the puonshea nearest the ioea' s - .t su. iaiu
no. .he neeis'ef shall iei"ii' f' ~ ~ ho'
hat mas peeh given. ,--. .,.., -, ,,,o,o =.
sin. sect or cross each other, priority of title sh
he govern, ahc sucn priVr ti, oe .
the 10 al ore OF ihineral , my sl
ling OF interseetioh' lroti .'I ~ has
vitb through said space of intersection for the p
ates possesses Oh the eohNe,i'1s Tht e,h .u . .
lars mlne' ana proNiu.u aiso' n' 80. wv
ran. shall take the vein below the point OF union,
Their cludlhe an Tue spaoe y, ronsn,;nara, Ian,
ccts SEC. TO- that "heiu n -, ~ - a -n
q he pied by the proprietor of such vein or lode
N of mining OF hh,ins PUP nu h,anaJ a,,a ;,!,.,
hall surface grounu may w ,atont Gov s,,ch Nv;
no. IN an nppnea'ion N -, :, Ia natantoJ ~ ara;
II subject to the same preliminary requirenle
acnraa linnhl M,