Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-07

nav for his norton Of the claim, with the prop
II fees and file the certificate and description 1
Dy the suryeyor-General, whereupon the register 4
;hall certify the proceedings and Judgment-roll
20 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 1
the act Of July 26th 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 unincOrporsted of the affidavit 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 or 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. s. 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; hut where patent snail De
issued a. 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, hut 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-sixth. eighteen hundred and slxty-sia,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to a 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-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.
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
a patent which shall he similar to the proceed
ings prescribed by sections six and seven of this
act for obtaining patents 10 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 near as practicable with the United
States system of public land surveys ana the
rectangular subdivisions OF such surveys, and
no such location shall include more than twenty
acres for each indi vidual claimant, but where
placer-claims cannot be conformed to legal sub
division, survey and plat shall be made as 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 eX-
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. 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 be
made for a patent for the placer-claim, with the
statement that it includes such vein or lode, and
in such case Subject TO the provisions of this
act and 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 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 or
lode claim, and twenty-five feet of surface on
each side thereof. The remainder of the placer.
claim, or any placer claim not embracing any
vein or lode claim, shall be paid for ut the rate
of two dollars and fifty cents per acre, together
with all costs of proceedings; and where ayein OF
lode, such described in the second section OF
this act, is known to exist within the boundaries
of placer-claim, an application for patent fol
such plaCer-claim, which does not include an ap
plication for the vein or lode claim, shall be
construed as n conclusive declaration that the
ella mant of the placer-claim has no right o ( pos
session OF the vein or lode claim: but where the
existence of vein or lode in placer.cl claim is moi
known, apatent for the placer-claim shall conve.
all valuable mineral and other deposits within
thu boundaries thereof.
SEC IL That the Surveyor General of tbs
| United States may appoint in each land distric
| containing mineral lands as many competen
| surveyors as shall apply for appointment to SUI
| vey mining claims. The expenses of the surve
of vein or lode claims, and the survey and sui
| division of placer claims into smaller quantitie
than one hundred and sixty acres, together wit
the cost of publication of notices shall paid b
theapplicants, and they shall he 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. Oflic
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 newspape
| published in land district where mines AT
| 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
sioner 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, +
gether with all fees and money paid the Resist
and Receiver of the and-othce, which statemel
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 a
; verse claim filed, and they shall be allowed 4
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 he charged
1 them in such cases. Nothing in this act shall
construed to enlarge or affect the rights of eth
/ party in regard to any property in controversy
, the time OF the passage of this act, or Of the
4 entitled "An act granting the right of way
o ditch and canal owners over the public lsnt
n and for other purposes" approved July &c, 49,
o nor shall this act affect any right acquired unt
said act and nothing in this act shall be CT
d strued to repeal, impair, or in any way affect
J. provisions of the act entitled "An act grant
/. to A. Sutro the right of way and other privile,
n to aid in the construction Of draining and
d ploring tunnel to the Comstock Lode, in
n State of Nevada" approved July 25th, 1866.
" SEC. 10. That all atiidavits required to
a made under this act, or the act to which it
e. amendatory, may be verified before any Off
"a authorized to administer oaths within the IL
l. district where the claims may be situated, &
l. all testimony and proofs may be taken Def
m any such officer, and, when duly certified by
" officer taking the same shall have the same TO
" and effect as If taken before the Register
h Receiver of the Land Office In cases Of con,
l. as to the mineral or agricultural character
D. land the testimony and proofs may be taker
t. herein provided, on personal notice of at lie
% ten days to the opposing party; or if said pa
IS cannot be found, then by publication of at IL
N once week for thirty days in newspaper, tc
d designated by the Register of the Land Offic,
" published nearest the location of such land
,e the Register shall require proof that such no
o. has been given.
AZ SEC. IA. That where two or more veins in
,d sect or cross each ether, priority of title 81
O. govern, and such prior location shall be EMIT
he to all ore or mineral contained within the 81
he of intersection: Provided, however, That
no subsequent location shall have the right of
h. through said space Of intersection for the
tn possesses of the convenient working Of the
es mine: And provided also, That where two
RS more veins unite, the Oldest or prior loca
e. shall take the vein below the point of union
n. Guiding all the space of intersection.
er SEC. Is. That where non-mineral land
ts contiguous to the vein or lode is used or o.
he pied by the proprietor of such vein or lode
be mining or milling purposes. such non-adja,
of surface ground may be embraced and inclu
M in an application for q patent for such vel
o. lode, and the same may be patented therew
On subject to the same preliminary requiem,
II as to survey and notice as are applicable III
he this act to veins or lodes Provided, Tha
&c location hereafter made Of such non-adja,
on land shall exceed five acres, and payment
ed the same must be made ut the same rate as
)f- by this act for the superticies of the lode.
90 owner of quartz mill or reduction works,
I'M owning a mine in connection Herewith,
he also receive patent for his mill site, as pr
as ded in this section.
SEC. l6 That all acts and parts Of acts in
ctc n havx nvyv lad