Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-27

several parties according to their respective
rights. Proof of citizenship under this act, or
the act OF July 26th 1866. and July = 1870 In the
case Of All individual, may consist in his own
affidavit thereof and in case of an association OF
persons unncorporated of the affidavit OF their
authorized agent, made on his own knowledge or
upon information and belief and IN case on
corporation organized under the laws OF tne
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 70
prevent the alienation OF the title conveyed Dy
patent for mining claim to any person what
ever.
src. 5. That the description Of vein or lode
claims, upon surveyed lands. shall designate tne
location of the claim with reference 10 the lines
of the public surveys, but need not conform
Herewith; but where patent snail De
issued as aforesaid for claims upon uhsW-
yeyed lands, the Surveyor General IN extending
the surveys, shall adjust the same TO the poun-
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 O. 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 pubic
lands, and for other purposes, approved oui!
twepty-sixth. eighteen hundred and slxty-siA,
are hereby repealed. but such repeal snail moi
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to final decision in the General Land
/ Office: but in such cases where adverse rishts
/ are not affected thereby, patents may issue N
! pursuance of the provisions OF this act and al
patents for mining claims heretofore Issued
under the act Of July twenty-sirth, eighteen
hundred and tysix, shall convey all the rights
/ and privileges conferred by this act where no
adverse rights exist at the tiihe oi the passab' "
this act. .
SIC 10 That the act entitled An Act TO
amend an act granting the right of way to often
and canal owners over the public lands, ana ior
cd In eighteen
hundred and seventy, shall be and remain IN
full force except as to the proceedings 10 OBTAIN
patent which shall be similar to the proceed
ings prescribed by sections six and seven Oh thls
ACT for obtaining patents to vein or lode CLAIMS
| lint where said placer claims shall be upon sur
yeyed lands and conform to legal subdlVisohs,
no further survey or plat shall be required, anu
all placer mining claims hereafter located shaii
conform as near as practicable with the ehiteu
States system of public land surveys and the
rectangular subdivisions of such surveys, ana
q no such location shall include more than twenty
acres for each individual claimant, but where
placer-caims cannot be conformea 10 iesai SUI,
r division, survey and plat shall be made as on
{ unsurveysd lands: Provided, That proceedings
: now pending may be prosecuted to their ma
{ determination under existing laws; put the pro
e visions of this act when not in CONNECT WIN eA
( listing laws shall apply to such cases ana pro,
. | yided also. That where by the segregation OF
O mineral land in any legal subdivision quah'lty
. of agricultural land less than forty acres re,
:. mains said fractional portion OF agrlcuitufai
4 land NAV be entered by any party qualihed by
: law, for homestead or presumption purposes.
h SEC. H. That where the same person assocla
Is ton or corporation in possession OF PlaIei
d claim and also a vein or lode included Wlthli
r the boundaries thereof, application snail os
t made for patent for the piacer.claim, with the
statement that it includes such vein or lode ailo
n in such case subject to the provisions OF thi'
n act and the act entitled can act to amend an &C
% granting the right of way TO ditch and cana
,I,o rublic lands and for other Dur
d poses; approved July ninth, eighteen hundred
and seventy patent shall issue FOR tine placer
e claim, including such vein or lode' upon TIT
Y. payment of five dollars per acre Tor such VEN o.
II lode claim, and twenty-five feet OF SURFACE OIL
1s each side thereof. The remainder OF the placer
il claim. or any placer claim not embracing an!
n vein or lode claim shall be paid for at the rat
re of two dollars and fifty cents per acre, together
al with all costs of proceedings; ana where hNelh o.
n lode such as described in the second section
" this act is known to exist within the Douhdarie
ie of placer-claim, an application Tor patent lo
a such placerC lain. which does not lncIuue an ap
If plicatiun for the vein or lode claim, snail p'
n construed as u conclusive declaration that thu
n ella aut OF the placer claim has no right OF pos
N session OF the vein or lode claim; but where th'
existence OF u vein or lode in placer-clalm is no
T. known apatent for the placer-clalm shall convey
h. all valuable mineral ana other deposits Witlli
h TIL boundaries thereof.
ne SEC. II That the Surveyor-Geueral OF tn
H. United States may appoint IN eAeh lahu ulstrle
to containing mineral lands as many competeh
to surveyors as shall apply for appointment to SUI
,e yry mining claims The expenses of the surve
Is of vein OF lode claims, and the survey ana SUI
Of division Of placer claims INTO smaller quanttlt
ne than one hundred and sixty acres, together wit
A. the cost of publication of notices shall 81
or theappcants, and they shall be atiioerty to oil
al tain the same at the most reasonable rates, an
fy they shall also be az liberty to employ any Unite
s. States Htputy Surveyor to make the surve
We Tie Commissioner of the General Land-Ofh'
"a Shall also have power to establish the maximu
NJ charges for surveys and publication of motto
all under this act; and, in case of excessive charS
his for publication, he may designate any newspap
all published in a land district where mines a
de situated, for the publication OF mining noti'
Get in such district, and fix the rates to be charg
all by such paper; and, to the end that the Comm
ms sioner may be fully informed on the subje
be each applicant shall file with the Reelste
, to sworn statement of ali charges and fees paid
inc said applicant for publication and surveys,
pen gether with all fees and money paid the Resi-
sea and Receiver of the land office, which staten
led shall be transmitted, with the papers IN
.irs, case, to the Commissioner of the General La
re- Office. The fees of the Register and the
lure ceiyer shall be five dollars each for filing
e of acting upon each application for patent or
his verse claim filed, and they shall be allowed
act amount fixed by law for reducing t,
n or mony to writing, when done in Land Office, 8
ton fees and allowances TO be PAID oy the respec
per parties; and no other fees shall be charged
ton them in such cases Nothing in this act sha
aim construed to enlarge affect the rights OF Ell
If at party in regard to any property in controvers
in the time OF the passage OF TINS ACT, OF OF the
ould entitled An act granting the rlent OF wa
n to ditch and canal owners over the public la
lain and for other purposes, approved july 70,
who nor shall this act affect any right acquired III
said act; and nothing in this act shall be
med strued TO repeal impair, or in any way affect
e OBJ provisions of the act entitled "An act gran
tSon to A. Suro the right OF way ana otner prlVll
ate a to aid i'll the construction of draining ano
,ated plorng tunnel to the Comstock Lode in
Is, or State OF Nevada, approved July 2o'h, 1900.
may SEC. 10. That all afhdavits required t
for a made under this act, or the act to which
ance. amendatory, may be verified before any Of
lain authorized to administer oaths within the
lie di- district where the claims may be situated,
eral all testimony and proofs may be taken b,
lain any such officer and, when duly certified b.
ID by officer taking the same, shall have the same
copy and effect If taken before the Register
such Receiver of the Land Office In cases of col
picu- as to the mineral or agricultural charactt
pre- land, the testimony and proofs may be take
pat herein provided, on personal notice OF at
two ten days to the opposing party; or If said I
ed as cannot be found, then by publication of at
ce in once week for thirty days in newspaper,
titled designated by the Register of the Land ON
low published nearest the location of such land
the the Register shall require proof that such n
], no. has been given.
that SEC. IA That where two or more veins /
eriod sect or cross each other, priority of title
lesig- govern, and such prior location shall be ent
nd he to all ore or mineral contained within the
n the of intersection: Provided, however, That
filing subsequent location shall have the right Of
with through said space Of intersection for the
with possesses of the convenient working of the
tates mine: And provided also, That where tv
liars more veins unite, the oldest or prior loo
rove shall take the vein below the point of unio
gran Guiding all the space of intersection.
rther SEC. Is. That where non-mineral land
jects contiguous to the vein or lode is used or
: the pied by the proprietor of such vein or loo
to be mining or milling purposes, such non-adj
On of surface ground may be embraced and inc
shall in an application for patent for such W
no. lode, and the same may be patented there
ce on subject to the same preliminary requirer
/. If as to survey and notice as are applicable I
b the this act to veins or lodes: Provided, TIL
office location hereafter made of such non-adj
alton land shall exceed five acres, and paymel
titled the same must be made at the same rate as
er of by this act for the superfces of the lode.
verse owner of quartz mill or reduction work
from owning q mine in connection Herewith
III be also receive patent for his mill -ste as
t has ded in this section.
Sec. 16. That all acts and parts of acts il
Ill be sistent herewith are hereby repealed: Prov
Ill be That nothing contained in this act shall be
the strued to impair, in any way, rights or int
lries. in mining property acquired under existing
pro- Approved May 10, 1872.
and
shall CHAP. CCXIV.-An Act to amend an Act ent
been An Act to promote the Development OF
uris- Mining Resources limited States