Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-29

taN lNE HNEtAplA VI Win the lIAf-
er fees. and file tue certihcste and description
by the su-yeyor-OeaeTAl. whersupon the register
shall certify the proceedings and judgmenf-roll
70 the Commissioner ofthe Land Once, 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 2sth 1856, and July 2. 1870 in the
case Of an individual, may consist in his own
affidavit thereof, and in case Of an association Of
persons unineorporated of the affidavit of their
authorized agent made on his own knowledge or
upon information and belief, and in case Of a
corporation organized under the laws Of the
United States, or Of any State Territory Of the
United States, by the tiling 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 s mining claim TO any person what
ever.
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 3 patent shall be
issued as aforesaid for claims upon unsur-
viewed 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 case
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
tyenry-sixth, eighteen hundred and sixty-siX,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to q 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
! under the act of July twenty-sixth, eighteen
hundred and sixty 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.
/ SIC. 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
I plaeer-C claims cannot be conformed to legal sub
/ division, survey and plat shall be made as on
I unsurveyfd 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 incontiict with eN
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 agriculture
land may be entered by any party qualified b!
law, for homestead or presumption purposes.
SEC. IL. 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 b.
made for patent for the placer-claim, with tn
statement that it includes such vein or lode, anC
in such case tsubject TO the provisions of thi
act and the act entitled "An act to amend an &C
granting the right of way TO ditch and cana
owners over the public lands, and for other pur
poses; approved July ninth, eighteen huudret
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 Of
each side thereof The remainder of the placer
claim. or any placer claim not embracing aI
vein or lode claim shall be paid for at the rat
of two dollars and fifty cents per acre, tOgethe
with all costs of proceedings: and where avein o
Lode such as described i'll the second section O
this act, is known to exist within the boundarie
Of 4 placer-elaim. an application for patent TO
such placer-claim, which does not include an ar
plicatiou for the vein or lode claim, shall b
construed as a conclusive declaration that tn
claimant Of the placer-claim has no right # pos
session Of the vein or lode claim; but where tn
existence of vein or lode in placer-claim is nc
known, spgtent for the placer-claim shall conve
all valuable mineral and other deposits With
thu boundaries thereof.
2 SEC u That the Surveyor General of III
United States may appoint in each land distrit
0 containing mineral lands as many competei
o surveyors shall apply for appointment to su
e vey mining claims. The expenses of the survt
5 Of vein or lode claims, and the survey and su
i division of placer claims into smaller quantit
e than one hundred and sixty acres, together wit
= the cost of publication OF notices, shall be paid
the applicants and they shall be at liberty to Of
j tain the same at the most reasonable rates, al
they shall also be at liberty to- employ any Unite
= States Deputy Surveyor to make the surve
e The Commissioner of the General Land Ofii
d shall also have power to establish the maximu
: charges for surveys and publication of MOTTO
/ under this act and in case Of excessive charg
S for publication he may designate any newspap
j published in land district where mines a
e situated for the publication of mining motto
( in such district, and fix the rates to be charg,
u by such paper; and, to the end that the Commi
IS sioner may be fully Informed the subjeC
e each applicant shall file with the Register
o sworn statement of all charges and fees paid
70 said applicant for publication and surveys,
Il gether with all fees and money paid the Resist
4 and Receiver of the land-ofiice, which stateme
l, shall be transmitted, with the papers in t
5, case, to the Commissioner of the General Ian
E. Office. The fees of the Register and the Il
re eeiver shall be five dollars each for filing al
If acting upon each application for patent or d
is verse claim filed, and they shall be allowed t
t, amount fixed by law for reducing ties
or mony to writing, when done in Land Office, su
N fees and allowances to be paid by the respect
T. parties and no other fees shall be charged
N them in such cases. Nothing in this act shall
H. construed to enlarge or affect the rights of eth
At party in regard to any property in controversy
IN the time of the passage of this act, or of the
Id entitled AN act granting the right Of way
to ditch and canal owners over the public Lane
m and for other purposes" approved July &c, 49,
10 nor shall this act affect any right acquired und
said act; and nothing in this act shall be &C
ID strued to repeal impair, or in any way affect
b. provisions of the act entitled IAN act grant
H. to A. Sutro the right of way and other privilel
to aid in the construction Of q draining and c
ID ploring tunnel to the Comstock Lode. in t
Or State of Nevada" approved July 25th, 1866.
~ SEC. IS. That all afidavits required to
a made under this act, or the act to which it
e, Gmendatory, may be verified before any oiiiC
m authorized to administer oaths within the la
l. district where the claims may be situated, a
IL all testimony and proofs may be taken befC
N any such officer, and, when duly certified by
" officer taking the same. shall have the fol
y and effect as if taken before the Register q
h Receiver of the Land Once. In cases Of cont,
l. as to the mineral or agricultural character
g. land, the testimony and proofs may be taken
l. herein provided, on personal notice of at let
o ten days to the opposing party: or if said pai
is cannot be found, then by publication of at LEI
n once week for thirty days in newspaper, to
d designated by the Register of the Land Office
v published nearest the location Of such land; a
lie the Register shall require proof that such not
D has been given.
It SEC. IA That where two or more veins int
d sect or cross each other, priority of title sh
: govern, and such prior location shall be entitl
Re to all ore or mineral contained within the sp.
e OF intersection: Provided, however, That (
g subsequent location shall have the right Of W
l. through said space of intersection for the p,
h possesses Of the convenient working OF the 81
- mine: And provided also, That where two
rs more veins unite, the Oldest or prior locati
e. shall take the vein below the point Of union
a. Guiding all the space ofintersection.
n SEC. Is That where non-mineral land L
is contiguous to the vein or lode is used or ocC
lie pied by the proprietor Of such vein or lode
'e mining or milling purposes, such non-ad jace
Of surface ground may be embraced and includ
IL in an application for patent for such vein
o. lode. and the same may be patented therewi,
N subject to the same preliminary requirenleI
II as to survey and notice as are applicable und
he this act to veins or lodes; Provided, That
,e location hereafter made Of such non-adjace
N land shall exceed five acres and payment
d the same must be made at the same rate as fix
T. by this act for the superfcies Of the lode I
Sc owner of q quartz mill or reduction works, 1
m owning mine in connection Herewith, m
'e also receive patent for his mill-site. as pro
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