Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-23


different portions of the claim, each party may
pay for his portion Of the claim, with the prop
err fees, and file the certihcate apd description
BY the Surveyor-Genernl. whereupoa 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 18th 1866. and July g. 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 afhdavit Of their
authorized agent. made on his own knowledge or
upon information and belief, and in case of
corporation organized under the laws of the
United States, 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 construed to
prevent the alienation of the title conveyed by a
patent for a mining claim to any person what
ever.
SEC. g. That the description Of vein OF 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 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. but so as in no
| to interfere with or change the location OF any
| such patented claim.
| SEC Q. That sections one, two, three, four and
| SIX Of an act entitled An Act granting the right
| of way to ditch and canal owners overthe public
| lands, and for other purposes, approved July
| twcnty-sixth. eighteen hundred anu siAty-slx,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose-
| cuted to final decision i'll 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
under the act of July twenty-sixth, eighteen
hundred and sixty-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 act.
SEC. 10. That 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, shall be 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,
no further survey or plat shall be required, and
all placer mining claims hereafter located shall
conform near as practicable with the United
States system of public land surveys and the
, | rectangular subdivisions of such surveys, and
no such location shall include more than twenty
acres for each individual claimant, but where
| placer-clams cannot be conformed TO legal sub
division, survey and plat shall be made on
unsurveyed lands: Provided, That proceedings
now pending may be prosecuted to their final
, determination under existing laws; but the pro.
visions of this act, when not in conflict with
listing laws, shall apply to such cases: And pro
, vided also. That where by the segregation Of
mineral land in any legal subdivision quantity
| Of agricultural land less than forty acres re.
mains, 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, associa
! ton or corporation in possession of placer
r claim. and also vein or lode included within
/ the boundaries thereof, application shall b.
made for patent for the placer-claim, with the
statement that it includes such vein or lode, ant
, in such case Subject to the provisions of this
act and the act entitled IAN act to amend an ac
r granting the right of way to ditch and cana
1 owners over the public lands and for other pur
poses; approved July ninth, eighteen hundred
e and seventy patent shall issue for the placer
claim, including such vein or lode, upon tn
payment Of five dollars per acre for such vein o
: | lode claim, and twenty-five feet of surface oil
i each side thereof The remainder of the placer
! claim. or any placer claim not embracing an.
vein or lode claim, shall be paid for at the rat
of two dollars and fifty cents per acre, together
r with all costs of proceedings; and where avein o
: | lode, such described in the second section o
I this act is known to exist within the boundarie
/ of placer-claim. an application for patent TO
I such placer-claim which does not include an ap
plication for the vein or lode claim, shall b
. construed as Il conclusive declaration that tn
ella mant of the placer-claim has no right of pos
: session Of the vein or lode claim; but where tn
. existence of vein or lode in placer claim is no
!. known, apatent for the placer-clsm shall conve
1, all valuable mineral and other deposits With
a tn. boundaries thereof
/. Sec. ~ That the Surveyor General of tn
n United States may appoint in each land distriC
q containing mineral lands as many competeI
No surveyors as shall apply for appointment to SUI
Is vey mining claims. The expenses of the surv G
IF of vein or lode claims. and the survey and sui
le division of placer claims INTO smaller quantiti
A. than one hundred and sixty acres. together wit
the cost of publication of notices shall be paid
al the applicants, and they shall be at liberty to oil
fv tain the same at the most reasonable rates, an
they shall also be ut liberty to employ any Unite
Va States Deputy Surveyor to make the surve,
"A The Commissioner of the General Land Ofit
n. shall also have power to establish the maximum
III charges for surveys and publication of notic'
ia under this act and, in case of excessive cbarg
N for publication, he may designate any newspap
10 | published in land district where mines al
et situated, for the publication of mining motto,
n in such district, and fix the rates to be charge
ne by such paper; and, to the end that the Commi
be sioner may be fully informed on the subJeC
IN each applicant shall file with the Register
ns sworn statement of ali charges and fees paid
an said applicant for publication and surveys, t
"a gether with all fees and money paid the Resist
ii and Receiver Of the land-Otfice, which stateme
rs shall be transmitted, with the papers in Il
,e case. to the Commissioner Of the General Ian
re Office. The fees of the Register and the r
of oeiver shall be five dollars each for filing al
ais acting upon each application for patent or q
or verse claim filed, and they shall be allowed Il
or amount fixed by law for reducing tes
on mony to writing, when done in Land Office, SUI
ar. fees and allowances to be paid by the respect
ON | parties; and no other fees shall be charged
m them in such cases. Nothing IN TINS act shall
az construed to enlarge affect the rights of eth
in | party in regard to any property in controversy
I'd the time OF the passage of this act or of the a
10 entitled IAN act granting the right of way
i'm ditch and canal owners over the public land
TtraA I,,1.
nor shall this act affect any right acquired und
cd | said act; and nothing in this act shall be co
H. strued to repeal impair or in any way affect Il
an | provisions of the act entitled IAN act grantil
to A. Sutro the right Of way and other privileg
cd to aid in the construction of u draining and e
or | ploring tunnel to the Comstock Lode, in Il
NV State of Nevada" approved July Goth, 1866.
70 SEC. IS. That. all afidavits required to
ce made under this act, or the act to which it
i'm amendatory, may be verified before any otfic
A; authorized to administer oaths within the lal
nj district where the claims may be situated, al
i'm all testimony and proofs may be taken befo
NV any such officer, and, when duly certified by {
~, officer taking the same shall have the same for
Il and effect as if taken before the Register al
N. Receiver of the Land Office. In cases of conte
re as to the mineral or agricultural character
az. | land the testimony and proofs may be taken
Va herein provided, on personal notice of at lea
az ten days to the opposing party; or II said par
in cannot be found, then by publication of at lea
ed once week for thirty days in newspaper, to
Nv. designated by the Register Of the Land Office
he published nearest the location of such land; n
the Register shall require proof that such mott
mt has been given.
nJ SEC a. That where two or more veins int,
in sect or cross each ether, priority of title sh
he govern, and such prior location shall be entitl
~ to all ore or mineral contained within the spa
ns of intersection: Provided, however. That t
m. subsequent location shall have the right OF W
ith through said space OF intersection for the pr
tas possesses of the convenient working Of the IA
arc mine: And provided also. That where two
We more veins unite. the oldest or prior locati
an. shall take the vein below the point of union,
her GLIDING all the space OF intersection.
cts Sec. Is. That where non-inineral land 1
The contiguous to the vein or lode is used or oct
he pied by the proprietor of such vein or lode
of mining or milling purposes, such non adjace
,.ii surface ground may be embraced and includ
no. in an application for patent for such vein
nn lode, and the same may be patented therew
If subject to the same preliminary requiremel
the as to survey and notice as are applicable unt
tho 10 1nlps. Provided That