Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-18


pay for his portion Of the claim, with the prop
cr fees, and lle the certificate and description
by the Surxeyur-General, whereupon the register
shall certify the proceedings and judgment-roll
70 the Commissioner Of the Land Once, as IN the
preceding case, and patents shall issue 10 the
several parties according 20 their respective
rights. Proof q citizenship under this act. or
the act Of July 28th lsos. and July g ls10 in the
case II an individual, may consist in his own
affidavit thereof and in case Of an association u
persons unincurporated Of the affidavit Of their
authorized agent made on his own knowledge or
upon information aud belief. and in case Of 4
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: tnd
nothing herein contained shall be construed 10
prevent the alienation Of the titls conveyed ~ .
patent for 4 mining claim TO any person what
ever.
claims upsn surveyed lands, shall designate the
location q 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'
viewed lands, the Surveyor General in extending
the surveys, shall adjust the same to the Ooun-
daries Of such patented claims, according to the
Plat or description thereof, but so as in no case
10 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
u way to ditch and canal owners over the public
Iguis, and for other purposes, approved July
swenty-siXth. eighteen hundred and siIty-si1,
are hereby repealed. but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to 8 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
D. h.. q JT1tv
hundred aud sixty-siX shall convey all the right:
and privileges conferred by this act where nc
adverse rights exist al the time of the passage Of
this set.
SEC To- That the act entitled An Act &c
amend En act granting the right of way to ditch
and canal owners over the public lands, and fol
other purposes approved July ninth, eighteef
hundred and seventy, shall be and remain il
full force except as to the proceedings to Obtain
a patent which shall be similar TO the proceed
ings prescribed by sections six and seven Of thin
act for obtaining patents to vein or lode claims
but where said placer claims shall be upon sur
I yeyed lands Sud conform to legal subdivisions
no further survey or plat shall be required, ant
{ all placer mining claims hereafter located shal
I conform a. near as practicable with the United
States system Of public land surveys and tn,
rectangular subdivisions Of such surveys anC
no such location shall include more than twsnt,
acres for each individual claimant, but wher,
placer-caims cannot be confOrmed 10 legal sub
I
unsurveySd lands: Provided, That proceeding,
now pending may be prosecuted to their hna
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 O
mineral land in any legal subdivision quantity
OF agricultural land less than forty acres re
mains, said fractional portion of agriculture
land may be entered by any party qualified b!
law, for homestead or pre-emption purposes
SEC IL. That where the same person associa
tiOn or corporation in possession OF placer
claim and also vein or lode included within
the boundaries thereof, application shall b.
made for patent for the placer-claim, with tn
statement nat It includes such vein or lode, an
in such case subject to the provisions of thi
act and the act entitled IAN act to amend an &c
granting the right OF way to ditch and cana
owners over the public lands, and for other pur
poses; approved July ninth, eighteen hundrs
and seventy patent shall issue for the placer
claim, including such vein or lode, upon til
payment Of five dollars per acre for such vein o
lode claim, and twenty-five feet Of surface Of
each side thereof. The remainder Of the placer
claim or any placer claim not embracing an
vein or lode claim, shall be paid for at the rat
of two dollars and fifty cents per acre, togethe
with all costs of proceedings; and where a vein O
lode, such as described in the second section Q
this act, is known to exist within the boundarie
Of q plaCer-Claim, an application Tor patent 10
such plaCer-claim, which does not include an aE
/ plicatIOu for the vein or lode claim, shall b
construed as 4 conclusive declaration that tn
ella mant of the placer-claim has no right OF pos
/ session Of the VEN or lode claim; but where tn
existence Of vein or lode in placer-claim is nc
/ known, apatent for the placer-claim shall conve
/ all valuable mineral and other deposits With
/ tn boundaries thereof
SEC L. That the Surveyor-General Of tn
I United States may appoint in each land dstrit
containing mineral lands as many competei
surveyors as shall apply for appointment to su
vcy mining claims. The expenses Of the survt
Of vein or lode claims, and the survey and So
division Of placer claim. into smaller quantit
than one hundred and sixty acres, together wit
the cost Of publication Of notices shall be paid
the applicants, and they shall be at liberty to o
tain the same at the most reasonable rates, ar
they shall also be at liberty to employ any Unite
States Deputy Surveyor to make the surve
The Commissioner Of the General Land Off
shall also have power to establish the maximu
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 a land district where mines u
situated, for the publication Of mining notic
in such district, and fix the rates to be charg,
by such paper; and, to the end that the Comm
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 land-otiice, which stateme
, shall be transmitted, with the papers in t
, case to the Commissioner of the General Ian
Office. The fees of the Register and the i
Ceiver shall be five dollars each for filing a
acting upon sach application for patent or
5 verse claim filed, and they shall be allowed t
, amount fixed by law for reducing ties
r mony to writing, when done in Land Office su
4 fees and allowances to be paid by the respect
: parties and no other fees shall be charged
D them in such cases Nothing in this act shall
construed to enlarge or affect the rights of eitt
I party in regard to any property in controversy
: the time OF the passage OF this act, or Of the
i entitled IAN act granting the right of way
0 ditch and canal owners over the public Lam
n and for other purposes" approved July &C. 10
nor shall this act affect any right acquired unC
said act; and nothing in this act shall be CT
d strued to repeal, impair, or in any way affect
= | provisions of the act entitled IAN act grant
l. 10 A. Sutro the right of way and other privilel
a to aid in the construction Of a drsining and {
Il plOrng tunnel to the Comstock Lode in
r State of Nevada" approved July 25th, 1866.
y SEC. 13. That all afiidavits required to
a made under this act, or the act to which it
=, amendatory, may be verified before any Off
n authorized to administer oaths within the Ia
/ district where the claims may be situated O
l., all testimony and proofs nay be taken beft
Il any such officer, and, when duly certified by
y officer taking the same, shall have the same 70
y and effect as il taken before the Register a
Il Receiver of the Land Office. In cases of cont
/ as to the mineral or agricultural character
: land, the testimony and proofs may be taken
: herein provided, on personal notice of ut lie
o ten days to the opposing party; or if said pa
s cannot be found, then by publication Of at lie
b once a week for thirty days in newspaper, to
d designated by the Register of the Land Office
: published nearest the location of such land; 0
e the Register shall require proof that such not
l. has been given.
t SEC. IA That where two or more veins in,
l sect or cross each ether, priority of title sh
+ govern. and such prior location shall be EMIT
e to all ore or mineral contained within tho sp
e of intersection: Provided however. That
g subsequent location shall have the right OF v
! through said space of intersection for the p
b possesses Of the convenient working of the s
& mine. And provided also, That where two
s more veins unite, the Oldest or prior loeat
: shall take the vein below the point of unisn,
l. Guiding all the space ofintersection.
r SEC. Is. That where non-mineral land
IS contiguous to the vein or lode is used or &C
70 pied by the proprietor of such vein or lode
'e mining or milling purposes, such non-adj ac
u surface ground may be embraced and inclut
Il in an application for patent for such veiH
J. lode, and the same may be patented therewi
n subject to the same preliminary reouirenie
II as to survey and notice as are applicable I'M
lie this act to veins or lodes: Provided, That
'e location hereafter made Of such non-adjac
n land shall exceed FIVE acres, and payment
d the same must be made at the same rate as A.
f. by this act for the superfcies of the lode.
'e owner Of quartz mill or reduction works,
N owning q mine in connection Herewith. n
Ne also receive patent for his mill-ste. as pre-
IL ded in this section.
SEC. 16. That all acts and parts Of acts inc
We sistent herewith are hereby repealed: Provid
10 That nothing contained in this act shall be C
10 strued to impair, in any way, rights or intert