Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-13
N thereof as the applicant shall appear. from


eyeral parties according to their respective
lights. Proof of citizenship under this act. or
lie act OF July 26th 1856, and July p lsiO, in the
ase Of an individual, may consist in his own
fidAyit thereof. and in case Of an associstion Of
,ersons uninoorporAted of the affidavit of their 4
authorized agent made on his own knowledge or |
lpon information and belief, and in case OF |
orporatiJn organized under the laws Of the /
United States, Of any State or Territory OF the
United States, by the filing Of certified copy OF
heir charter or certificate of incorporation; and
,othing herein contained shall be construed. to I
prevent the alienation Of the title conveyed by
patent for mining claim to any person what
.yer.
SEC. S. That the description Of vein or lode
,laims. upon surveyed lands, shall designate the
location Of the claim with reference to the lines
If the public surveys, but need not conform
herewith; but where patent shall De
issued as aforesaid for claims upon unsnr-
yeyed lands, the Surveyor General in extending
HE surveys shall adjust the same to the boun-
iaries Of such patented claims, according to the
plat or description thereof, but SO as in no case
TO interfere with or change the location OF any
such patented claim.
SIC. 9. That sections one, two, three, four and
six Of an act entitled An Act granting the right
Of way to ditch and canal owners oyerthe public
lands, and for other purposes, approved July
tWenty-siNth. eighteen hundred and slxty-siH,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted 30 c final decision il 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-si1th, eighteen
hundred and siNty-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 10 ditch
and canal owners over the public lands, ana ioT
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain III
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
Yeyed lands, and conform to legal SUBDIVISIONS,
no further survey or plat shall be required and
all placer mining claims hereafter located shall
conform as 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 claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveyfd lands: Provided, That proceedings
now pending may be prosecuted to their fnhl
determination under existing laws; but the pro-
visions of this act, when not in conflict with eA-
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 H. That where the same person, associa-
ton or corporation in possession of placer
claim, and also vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claim, with the
statement hat it includes such vein or lode, and
in such case Subject to the provisions OF this
I a 49,. e 20 ,U,.I -
granting the right of way TO ditch and canal
owners over the public lands, and for other pur-
poses approved July ninth, eighteen hundred
and seventy patent shall issue for the placer
claim, including such vein or lode, upon the
payment OF five dollars per acre for such vein OF
lode claim, and twenty-five feet Of surface Oh
each side thereof. The remainder 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 aud fifty cents per acre, together
with all costs Of proceedings: and where avein OF
lode, such as described in the second section Of
this act is known to exist within the boundaries
ola placer-claim, an application for patent FOL
such placer-claim, which does not include an a
plicatiOn for the Vein or lode claim, shall bt
construed as u conclusive declaration that the
claimant of the placer-claim has no right o pos
session Of the vein or lode claim; but where tn,
existence OF vein or lode in placer-claiin is no
known patent for the placer-claim shall conve,
all valuable mineral and other deposits within
thu boundaries thereof
SEC. u That the Surveyor-Geueral Of tn,
/ United States may appoint in each land distric
/ containing mineral lands as many competen
surveyors IT. shall apply for appointment to SUI
ycy mining claims. The expenses OF the surve
of vein or lode Claims and the survey and sui
/ division Of placer claims into smaller quantitc
than one hundred and sixty acres, together wit
the cost of publication of notices shall be paid
theapplicants and they shall be at liberty to oil
tain the same at the most reasonable rates, an
/ they shall also be at liberty to employ any Unite
States Deputy Surveyor to make the survey
/ The Commissioner of the General Land Ofiic
shall also have power to establish the maximum
| charges for surveys and publication of notice
under this act; and in case of excessive charge
for publication, he may designate any newspapt
! published in a land district where mines al
situated for the publication of mining notice
in such district, and fix the rates to be charge
by such paper and, to the end that the COmmi
siOncr may be fully informed on the subjec
each applicant shall file with the Register
sworn statement of all charges and fees paid
said applicant for publication and surveys, t
gether with all fees and money paid the Resist
and Receiver Of the land-u office, which stateme
shall be transmitted, with the papers in Il
case to the Commissioner of the General Ian
Office. The fees Of the Register and the r
ceiver shall be five dollars each for filing al
acting upon each application for patent or n
, verse claim filed, and they shall be allowed L
amount fixed by law for reducing ties
. mOny to writing, when done in Land Office, SUI
fees and allowances to be paid by the respect
parties; and no other fees shall be charged
1 them in such cases. Nothing in this act shall
construed to enlarge or affect the rights of eitl
party in regard to any property in controversy
I the time OF the passage of this act, or of the
| entitled IAN act granting the right of way
a ditch and canal owners over the public Ian,
n | and for other purposes" approved July &c, 1S
u nor shall this act affect any right acquired unt
said act; and nothing in this act shall be &C
4 strued to repeal, impair, or in any way affect
). provisions Of the act entitled IAN act grant
/, to A. Sutro the right of way and other privilel
n to aid in the construction of a draining and
d ploring tunnel to the Comstock Lode, in
n state Of Nevada, approved July 25th, 1866.
v SEC. 49, That all aflidavits required TO
a made under this act, or the act to which it
2, amendatory, may be verified before any Off
n authorized to administer oaths within the Ia
i district where the claims may be situated, q
l. all testimony and proofs may be taken Def
II any such officer, and, when duly certified by
v officer taking the same, shall have the same TO
Y and effect as il taken before the Register
II Receiver of the Land Office. In cases of cont
/ as to the mineral or agricultural character
: land, the testimony and proofs may be taken
l. herein provided, on personal notice of at le
o ten days to the opposing party or if said pa
IS cannot be found, then by publication of at lie
n once n week for thirty days in a newspaper, to
d designated by the Register of the Land Ofic,
= published nearest the location of such land;
e the Register shall require proof that such moi
y has been given.
II SEC. IA. That where two or more veins in
a sect or cross each other, priority of title 81
D. govern, and such prior location shall be EMIT
lie to all ore or mineral contained within the So
he of intersection: Provided, however That
10 subsequent location shall have the right of
h. through said space of intersection for the I
h possesses of the convenient working Of the
AZ mine: And provided also, That where two
RI more veins unite the Oldest or prior locat
e. shall take the vein below the point of union,
n. GLIDING all the space of intersection.
,r SEC. Is. That where non-mineral land
ts contiguous to the vein or lode is used or OF
,e pied by the proprietor of such vein or lode
,e mining or milling purposes, such non-adjac
If surface ground may be embraced and inclu
II in an application for patent for such veil
D. lode, and the same may be patented therew
N subject to the same preliminary requirenie
If as to survey and notice as are applicable un
,e this act to veins or lodes: Provided, That
a location hereafter made OF such non-adjaC
m land shall exceed five acres, and payment
ID the same must be made at the same rate as Il
r. by this act for the superficies of the lode.
se owner of Q quartz mill or reduction works,
m owning q mine in connection Herewith, 1
,e also receive patent for his ill-site, as pr
az ded in this section.
SEC. 16. That all acts and parts of acts int
IA sistent herewith are hereby repealed: Provit
~ That nothing contained in this act shall be
10 strued to impair. in any way, rights or inter
4 in mining property acquired under existing la
>. Approved May 10, 1872
ii CHAP. CCXIv.-An Act to amend an Act emit
n An Act to promote the Development Of
). Mining Resourcesc United States