Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-08


pay for his portion Of the claim, with the prop
er tees. and nile the certificate and description
by the Surseyor-General, whereupon the register
shall certify the proceedings and Judgments ol
TO the Commissioner of the Land Once as in IN,
preceding case, and patents shall issue to ths
several parties according to their respectiy,
rights. Proof of citizenship under this act oil
the act of July 18th ls66, and uly g. 1870 in the
case Of an Individual, may consist in his OWL
afhdaNit thereof, and In case of an association OF
persons unincorporated of the sfidavit Of Their
authorized agent. made On his own knowledge OF
upon Information and belief, and In case VI q
corporation organized under the laws 81 the
United States, 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 e
prevent the alienation of the title conveyed By q
patent for mining claim to any person what.
ever.
SIC 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: but where patent shall be
issued as aforesaid for claims upon unsur-
Z veyed 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 3. That sections one, two, three four and
six. OF an act entitled An Act granting the right
OF way to ditch and canal owners over the public
lands, and for other purposes approved July
twenty-sixth. eighteen hundred and sixty-six
are hereby repealed, but such repeal shall no,
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 rights
are not affected the reby, 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
SEC. 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 to the proceedings to obtain
patent which shall be similar to the proceed.
ings prescribed by sections six and seven Of this
act Tor obtaining patents to 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 as 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
/ placer-claims cannot be conformed to legal SUBJ
/ division, survey and plat shall be made as on
| unsurveytd 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-
yided 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 q placer
claim, and also vein or lode included within
the boundaries thereof. application shall be
made for 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 IAN 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 at the rate
OF two dollars and fifty cents per acre, together
with all costs Of proceedings: and where vein or
lode, such as described in the second section Of
this act, is known to exist within the boundaries
OF a placer-claim, an application for patent for
such placer-cla which does not include an ap.
pIication for the vein or lode claim, shall be
construed as conclusive declaration that the
ella mant of the placer-claim has no right of pos
session Of the vein or lode claim; but where the
existence Of vein or lode in placer. claim is not
known, apatent for the placer claim shall convey
all valuable mineral and other deposits within
tn boundaries thereof.
SIC. IL That the Surveyor General of the
United States may appoint in each land district
containing mineral lands as many competent
surveyors as shall apply for appointment to sur
vey mining claims. The expenses of the survey
OF vein or lode claims, and the survey and sub
divisio of placer claims into smaller quantities
than one hundred and sixty acres, together with
the cost of publication of notices shall be paid by
the applicants, and they shall be at liberty to OBJ
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 Office
snail also have power to establish the maximum
charges for surveys and publication of notices
under this act; and, in case of excessive charges
for publication, he may designate any newspaper
published iii land district where mines are
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 be 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 Resister
and Receiver of the land-otfice which statement
shall be transmitted, with the papers in the
case, to the Commissioner of the General Land
Office. The fees Of the Register and the Re-
ceivCr shall be five dollars each for filing and
verse claim filed, and they shall be allowed the
amount fixed by law for reducing testi
mony to writing, when done in Land Office such
ices ana allowances to be paid by the respective
parties; and no other fees shall be charged by
them in such cases Nothing in this act shall be
construed to enlarge or affect the rights of either
party in regard to any property in controversy at
the time OF the passage of this act, or of the act
entitled IAN act granting the right of way to
ditch and canal owners over the public lands,
and for other purposes, approved July &c. 1866.
nor shall this act affect any right acquired under
said act; and nothing in this act shall be con-
strued to repeal, impair, or in any way affect the
provisions of the act entitled IAN act granting
to A. Sutro the right of way and other privileges
to aid in the construction of draining and ex-
plorlng tunnel to the Comstock Lode, in the
state of Nevada approved July 25th, 1866.
SEC. ID. That all affidavits required to he
made under this act, or the act to which IT ia
amendatory, may be verified before any officer
authorized to administer oaths within the land
district where the claims may be situated, and
al testimony and proofs may be taken before
any such officer, and, when duly certified by the
ofhcer taking the same, shall have the same force
and effect as If taken before the Register and
Receiver of the Land Office. In cases Of contest
as to the mineral or agricultural character of
isnd, the testimony and proofs may be taken az
herein provided on personal notice of At least
ten days to the opposing party: or II said party
cannot be found, then by publication Of at least
once week for thirty days in q newspaper, to be
esibhatSu ~ tut ncRisttr Ol the 16nQ Office
published nearest the location of such land: and
the Register shall require proof that such notice
has been given.
SEC. IA. That where two or more veins inter.
sect or cross each other, priority of title shall
govern, and such prior location shall be entitled
to all ore or mineral contained within the space
OF intersection: Provided, however That the
subsequent location shall have the RIGHT of wav
through said space Of intersection for the pur.
possesses of the convenient working OF the said
mine: And provided also, That where two or
more veins unite. the Oldest or prior location
shall take the vein below the point of union. in
Guiding all the space of intersection
SEC. Is. That where non mineral land not
contiguous to the vein or lode is used or occu-
pied by the proprietor of such vein or lode for
mining or milling purposes, such non jacent
surface ground may be embraced and included
in an application for patent for such vein or
lode, and the same may be patented Herewith.
subject to the same preliminary requirements
as to survey and notice as are applicable under
this act to veins or lodes Provided, That no
location hereafter made of such non-adiacent
land shall exceed five acres, and payment for
the same must be made at the same rate as fxed
by this act for the superfcies Of the lode. The
owner Of q quartz mill or reduction works. NOT
nm