Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-11

I
/ by the sur,cyur-acncral. whereupon the registe
shall ccrtifs the proceedings and judgment-ro l
/ 10 the Commissioner OF the Land Office, rs in tn
/ preceding case. and PATENTS shall issue to tn
several parties according to their respectiy
/ rights. Proof Of citizenship under this act, q
the act Of July 26th 1890 and July Q, 1870. in th
case Of an individual. may consist In his ow
AihdaNit thereof, and in case of an association O
| persons unincorporated Of the affidavit Of thei
authorized agent made on his own knowledge o
/ lpon information aud belief and in case Of
corporation organized under the laws Of tn
United States. or OF any State or Territory OF tn
United States. by the filing Of certified copy 0
their charter or certificate OF incorporation; an
nothing herein contained shall be construed q
! prevent the alienation of the title conveyed by
patent for . mining claim to any person what
| ever.
SIC 3. That the description of vein or lodi
/ claims, upon surveyed lands, shall designate tn
| location OF tho claim with reference 10 the line
| of the public surveys. but need not conform
Herewith; but where patent shall b
| issued as Aforesaid for claims upon unsur
! veyed lands, the Surveyor General In extending
1 the surveys. shall adjust the same to the boun
daries OF such patented claims, according TO thu
plat or description thereof, but so ~ in no cas-
/ 10 interfere with or change the location of an,
| such patented claim.
| SIC. .. That sections one. two. three. four AM
six OF an act entitled An Act granting the righ
of way to ditch and canal owners over the publ,
lands, and for other purposes. approved Jul,
| twenty sixth. eighteen hundred and sixty-six
4 are hereby repealed. but such repeal shall MOI
affect existing rights. Applications for patents
! for mining claims now pending may be prose
! cuted to final decision in the General Land
| onioc; but in such cases where adverse right
arr 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 sixth, eighteen
hundred and sixty six shall convey all the rights
and privileges conferred by this act where ne
adverse rights exist at the time OF the passage Of
this act.
SEC. 10. That the act entitled An Act q
amend an act granting the right ot way to ditch
and canal owners over the public lands, and fol
other purposes, approved July ninth, eighteen
hundred and seventy, shall be and remain il
full force, except Ms to the proceedings 70 Obtain
patent which shall he similar to the proceed
insss prescribed by sections six and seven OF thi
act for obtaining patents 10 vein or lode claims
| hut where said placer. claims shall he upon sur
| veyed lands. and conform TO legal subdivisions
no further survey or plat shall he required, snC
all placer mining claims hereafter located shsl
I conform as near as practicable with the tnitet
! States system of public land surveys and tn,
| rectangular subdivisions of such surveys, ant
no such location shall include more than twent,
acres for each individual claimant. but wher,
| placer-claims cannot he conformed 10 legal sub
division, survey and plat shall be made rs OF
unsurvoytd lands: Provided, That proceeding,
determination under existing laws; but the pro
visions OF this act. when not in conflict with eN
listing laws, shall apply to such cases And pro
Sided also, That where by the segregation OF
mineral land in any legal subdivision quantit,
of agricultural land less than forty acres NJ
mains, said fractional portion of agriculture
land may be entered by any party qualified by
law, for homestead or presumption purposes.
SEc II, That where the same person, associa
ton or corporation in possession of placer
ala all al. lHJa f,.l ,,la x..,tl
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 thi,
act and the act entitled IAN act to amend an ac
granting the right of way TO ditch and cana
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 thu
payment of five dollars per acre for such vein OF
lode claim, and twenty-five feet of surface OF
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 rat,
Of two dollars and fifty cents per acre, together
with all costs of proceedings; and where vein OIL
lode, such as described in the second section o,
this act, is known to exist within the boundaries
of a placer-claim, an application for patent fol
such placer-clam, which does not include an ap'
plication for the vein or lode claim, shall bt
construed as II 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. claim is moi
known, apatent for the placer-claim shall convey
all valuable mineral and other deposits within
thu boundaries thereof.
SIC. IL That the surveyor General of tn,
United States may appoint in each land distric
containing mineral lands as many competen
surveyors as shall apply for appointment to sur
/ Ney mining claims The expenses of the surv e,
OF vein or lode claims. and the survey and sub
! division of placer claims into smaller quanttie
! than one hundred and sixty acres, together witt
the cost publication of notices shall be paid b,
the applicants. and they shall be at liberty to oh
tain the same at the most reasonable rates, and
they shall also be at liberty to employ any United
States Deputy Surveyor to make the survey
The Commissioner of the General Land Offce
shall also have power TO establish the maximum
charges for surveys and publication of notices
under this net; and in case of excessive charges
for publication, he may designate any new paper
published in land district where mines ar,
situated, for the publication of mining notices
In such district. and fix the rates to be charged
by such paper, and, to the end that the Commits
sioner may he fully Informed on the subject
each applicant shall file with the Register !
sworn statement of all charges and fees paid by
said applicant for publication and surveys to
gether with all fees and money paid the Resstei
and Receiver Of the land-ofiee. which statement
shall he transmitted. with the papers in the
case. to the Commissioner of the General Land
Office. The fees OF the Register and the Re
Ceiver shall be five dollars each for filing and
acting upon each application for patent or ad
verse claim filed, and they shall be allowed the
amount fixed by law for reducing testi
mony to writing, when done in Land Office sue /
fees and allowances to be paid by the respectiy,
parties; and no other fees shall be charged b,
them i'll such cases. Nothing in this set shall b.
construed TO enlarge affect the rights of eithe,
party in regard to any property in controversy a
the time of the passage of this act, or Of the ac
entitled An act granting the right of way t
ditch and canal owners over the public lands
and for other purposes, approved July 26, 1866
nor shall this act affect any right acquired unde
said act; and nothing in this set shall be con
srued 10 repeal, impair, or in any way affect tn,
provisions Of tine act entitled AN act grsntin.
to A. Sutro the right Of way and other privileges
to aid in the construction Of draining and ex.
ploring tunnel to the Comstoek Lode, in tn,
state of Nevada, approved July 25th, 1866,
SEC. IL, That all afhdayits required to IL
made under this act or the act to which it 1,
amendstory, may he verified before any offcel
authorized to administer oaths within the lant
district where the claims may he situated, anC
all testimony and proofs may he taken befor,
any such officer, and, when duly certified by tn,
officer taking the same, shall have the same fore,
and effect as If taken before the Register ant
Receiver Of the Land offce. In cases Of contes
as to the mineral or agricultural character o
land, the testimony and proofs may be taken Al
herein provided, on personal notice of at leas
ten days to the opposing party; or il said part,
cannot be found. then by publication Of at leas
once week for thirty days in a newspaper, to b,
designated by the Register of the Land Office a
published nearest the location of such land: an,
the Register shall require proof tina. such motto,
has been given.
SIC. Il. That where two or more veins inter
sect or cross each ether, priority of title shall
govern. snd such prior location shall be entitls,
10 all ore or mineral contained within the spse
of intersection: Provided, however, That III,
subsequent location shall have the right Of wa,
through said space OF intersection for the pur
possesses Of the convenient working Of the sal,
mine; And provided slso, That where two o
more veins unite, the oldest or prior locatio,
shall take the vein below the point Of union, in
| Guiding all the space of intersection.
SAC. Is. That where non-ninerzl land no
contiguous 10 the vein or lode is used or ocru
| pied by the proprietor Of such vein or lode 70
mining or milling purposes, such non ,aeen
/ surface ground may be embraced and inciude,
1 in an application for patent for such vein o
lode. and the same may be patented Herewith
| subject to the same preliminary requirement
as to survey and notice - are applicable unde
/ this act to veins or losies: Provided. That n
/ lncxtion hereafter made of such non-aii.een
land shall exceed Ave acres, And paymen. 70
the same must be made At the same nate a. nxs,
| by this set for the superfcies Of the lode. IN
owner Of . quartz mill or reduction works. M
| owning 8 mine in connection Herewith ma
also receive . patent for his mi site as r,-x,x