Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-10


By the suryeyor-0eneral, vhere1pon the register
shall certify the proceedings and jndgment-noll
10 the Commissioner Of the Land Once As in the
preceding case, and patents shall issue 10 the
several parties seeording TO their respective
rights. Prod Of ciiizenship under this act, OF
the act a. July 18th 1856. and July g 1870 II the
case q an individual, may consist n his own
kfidAyit thereof, and in case Of association o.
persons Unlnoorporstsd Of the sftdkvii Of their
authorized Egept, made on his own knowledge or
upon information and belief. and in case Of .
corporation orgAniEed under the laws Of the
United States or Of any State or Territory o! the
United States, by the filing o: q certified copy o:
their charter or certificate Of Incorporated, and
nothing herein contained shall be construed TO
prevent the alienation o: the title conveyed by
patent FOR mining claim to any person what
ever.
SIC. e. That the description Of vein or lode
claims. upon surveyed lands, shall designate the
location Of the claim with refersnoe TO the lines
q the public surveys, but need not conform
Herewith; out where patent shall be
issued as aforesaid for claims upon unsur-
veyed lands. the Surveyor General in extending
the surveys, shall djusi the same TO the boun-
diaries Of such patented clsiins. according TO the
plat or description thereof, but 50 Is in no case
10 interfere with or change the location OF any
such patented claim.
SIC .. That sections one, two three four and
Six o, act entitled An Act granting the rig ht
Of way to ditch and canal owners over the public
lands, and for other purposes approved July
iwcnty-slIih. eighteen hundred and sixty -siI,
are hereby repealed. but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may Le prose
cuted to q final decision in the General Land
Office: but in such cases where adverse rights
are not affected thsreby, patents may issue in
pursuance o. the provisions Of this act; and all
patents for mining claims heretofore issued
under the act Of July twenty-sirth, 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
emend an act granting the right Of way to ditrh
aud 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 10 the proceedings to obtain
a patent which FhAll be similar TO the proceed
4 inEE presented by sections six and seven Of this
act for obtaining patents TO vein or lode claims
but where said plscer-clsins 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
I conform Us 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 twent!
acres for each individual claimant, but where
[ placer-claims cannot be conformed 10 legal sub
division, survey and plat shall be made as OF
{ unsurveyrd lands: Provided, That proceedings
now pending may be prosecuted to their hnal
determination under existing laws but the pro
visions Of this act, when not in conflict with eI
listing Laws, shsll apply to such cases: And pro
vided also. That where by the aggregation OF
mineral land in any legal subdivision quantity
1 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 associs
ton or corporation in possession Of placer
claim, and also a vein or lode included within
3 the boundaries thereof, application shall be
made for patent for the piacer-claim, with the
STATE Inent that II includes such vein or lode and
[ in such case tsubject to the provisions Of this
act and the act entitled IAN act to amend an &C,
( granting the right Of way to ditch and cana
4 owners over the public lands, and for other pur
poses approved July ninth. eighteen hundret
and seventy patent shall issue for the placer
[ claim, including such vein or lode, upon thu
payment Of five dollars per acre for such vein O
lode claim, and twenty-five feet Of surface oil
each side thereof. The remainder Of the placer
claim. or any placer claim not embracing an
vein OF lode claim, shall be paid for al the rat
Of two dollars and fifty cents per acre, togethe
with all costs Of proceedings, and where 8 vein o
lode, such a. described in the second section 0
Z this act is known TO exist within the bOundRrle
ofs plAcer-clslIn, an application for patent 10
such placer claim, which does not include an 1p
pliCstiOn for the vein or lode claim, shall b
construed ~ a conclusive declaration that tn
ella mant OF tho placer-clalm has no right OF pos
session d the vein or lode claim. but where tn
existence Of vein or lode in placer-claim is nc
known. EpateLt Tor the placer claim shall conve
all valuable mineral and other deposits With
tn boundaries thereof.
, SIC. Il That the Surveyor General of I'll
= United States may appoint in zach land distri'
D containing mineral lands az many competei
O surveyors a. shall apply for appointment to su
c vey mining clains. The expenses Of the surv'
: Of vein OF lode claims and the survey and su
4 divsiuU Of placer claims INTO smaller quantiti
e than one hundred and sixty acres, together vii
the cost of publication Of notices shall be paid
heapplicants, and they shall be at liberty to o
/ tain the same at the most reasonable rates, al
they shall also be at liberty employ any Unit,
: States Deputy Surveyor to make the surve
e The Commissioner of the General Land. Off,
shall also have power to establish the maxi u
: charges for surveys and publication Of motto
] under this act; and, in case Of excessive charg
: for publication, he may designate any newspap
] published in land district where mines q
g situated, for the publication of mining motto
I in such district, and fix the rates TO be chsrg
! by such paper; and, to the end that the Comm
s sioner may be folly informed on the subjet
e each applicant shall file with the Register
0 sworn statement Of ali charges and fees paid
G said applicant for publication and surveys,
D gether with all fees and money paid the Resist
/. and Receiver Of the land office, which stateme
|, shall be transmitted, with the papers in t
), case, to the Commissioner of the General Lar
:. Office. The fees OF the Register and the
e ceiver shall be FIVE dollars each for filing q
# acting upon each application for patent or
is verse claim filed, and they shall be allowed
t. amount fixed by law for reducing ties
II mony to writing, when done in Land Office, su
N fees and allowances to be paid by the respect
r parties and no other fees shall be charged
N them IN such cases. Nothing in this act shall
a. construed to enlarge or affect the rights Of eitl
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 Ian
IN and for other purposes approved July &c, le
40 shall this act affect any right acquired I'M
said act and nothing in this act shall be C
I'd 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 privile
. a to aid in the construction Of draining and
ed ploring tunnel to the Comstock Lode, in
or State OF Nevada" approved July 2oih, 1866.
ay SEC -. That all afhdavits required to
r a made under this act, or the act to which ii
,e, amendatory, may be verified before any oil
i'm authorized to administer oaths within the /
IL district where the claims may be situated,
al, all testimony and proofs may be taken bel
in any such officer, and, when duly certified by
by officer taking the same. shall have the same Il
by and effect as If taken before the Register
81 Receiver of the Land Office. In cases of con
u. as to the mineral or agricultural character
e. lend, the testimony and proofs may be takel
IT. herein provided, on personal notice of at Il
NO ten days to the opposing party; or if said pa
as cannot be found. then by publication of at |,
in once week for thirty days in a newspaper, t.
ed designated by the Register OF the Land OHIO
W. published nearest the location Of such land;
he the Register shall require proof that such no
TO- has been given.
lat SEC. IA. That where two or more veins in
I'd sect or cross each other, priority Of title s
ig- govern, and such prior location shall be emit
he to all ore or mineral contained within the 81
he of intersection: Provided, however, That
ng subsequent location shall have the right OF
tn through said space Of intersection for the
it'll possesses Of the convenient working of the
ties mine: And provided also, That where TIVE
.rs more veins unite, the oldest or prior loca
ve- shall take the vein below the point of union
W. Guiding all the space ofintersection.
Ter SEC. Is. That where non-nineral land
its contiguous to the vein or lode is used or o
he pied by the proprietor Of such vein or lod,
be mining milling purposes, such non-adja
of surface ground may be embraced and inclr
all in an application for patent for such vel
To- lode, and the same may be patented therew
on subject to the same preliminary requireni
If as to survey and notice as are applicable VI
he this act to veins or lodes: Provided, Ths
Ice location hereafter made of such non-adja
on land shall exceed five acres, and payment
ed the same must be made at the same rate az I
of. by this act for the superfcies Of the lode.
rise owner of quartz mill or reduction works,
I'm owning a mine in connection Herewith,
be also receive patent for his mill site, as pI
las ded in this section.
SEC. l6 That all acts and parts of acts In
be sstent herewith are hereby repealed: Provi
be That nothing contained in this act shall be
he strued to impair, in any way, rights or intel