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

by the Suryeyor-General, whereupon the REGISTER
shall certify the proceedings and judgment-rull
TO the Commissioner ofthe Land Office. as In the
preceding case, and patents shall issue To the
several parties according to their respective
Fights. Proof of citizenship under this act oil
the act of July 10th 1880 and July O. 1870, in The
case Of an individual. may consist in his OWL
affidavit thereof, and in case OF an association Of
persons unineorpOrs.ed Of the affidavit OF theiI
authorized agent. made on his own knowledge OF
upon Information and belief, and in case Of q
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 o!
their charter or Certificate of Incorporation; and
nothing herein contained shall be construed &c
prevent the alienatiun Of the title conveyed by q
patent for mining elsim 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'
yeyed lands, the surveyor General in extending
the surveys. shall sdiust the same to the boun.
daries of such patented claims, according TO the
plst or description thereof, but SO in no case
10 interfere with or change the location of any
such patented claim.
SEC 3. That sections one, two, three -four and
six. Of al act entitled An Act granting the right
OF way to ditch aud canal owners over the public
lands, and for other purposes approved July
tWenty-siSth. eighteen huEdred and siNty-six
are hereby repealed, but such repeal shall not
affect existing rights Applications for patents
for mining claims now pending may be prose
cuted to q final decision in the General Land
Office. but in such cases where adverse rights
are not affected III 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 snd sixty six, shall convey all the rights
and privileges conferred by this act where nc
adverse rights exist at the time OF the passage OF
this act
SEC 10. That the act entitled An Act tc
amend an act granting the right OF 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 in
full force, except as to the proceedings to Obtain
pate Mt which shall be similar TO the proceed
ings prescribed by sections six and seven of this
act for obtaining patents to vein or lode claims
but where said placer-claims shall be upon sur
veyed lands, ami 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
plaCur-Clalms cannot be conformed TO legal sub
division. survey and plat shall be made as on
unsurvey 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 cas.s: And pro-
vided also, That where by the segregation of
mineral land III 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. II. That where the same person, associs.
ton or corporation in possession Of placer.
claim, and also a 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 snd the act entitled IAN act to amend an act
granting the right Of way 10 ditch and canal
owners over tile 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.clalm, an application for patent for
such placer claim, which does not include an APP.
plicatiln for the vein or lode claim, shall be
construed as s conclusive declaration that the
ella mant OF tho plscer-claim has no right of pos.
session Of the vein or lode claim; but where the
existence Of vein or lode in placerclaim is not
known, apatcut for the placerclaim shall convey
all valuable mineral and other deposits within
III boundaries thereof,
SIC. u That the surveyor General Of the
! United States may appoint in each land distric;
/ containing mineral lands as many competen,
| survey uTs as shall apply for appointment to sur
/ Ney mining claims. The expenses of the surve,
/ Of vein or lode claims, and the survey and sub
divislO Of placer claims INTO smaller quantities
than one hundred and sixty acres, together will
the cost of Publication of notices. shall be paid by
leHppicants, and they shall be at liberty to OBJ.
tain the same at the most reasonable rates and
the! shall also be at liberty employ any United
States Deputy SHryeyor to make the survey.
The Commissioner of the General Land. Office
shall 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 1t vspaper
published in a land district where mines are
situated, for the publication OF mining notices
ID such district, and fix the rates to be charged
by such paper; and to Z end that the Commits
sionor may be fully informed on the subject,
each applicant shall file with the Register a
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 laud-offce, which statement
shall be transmitted, with the papers in the
case. 10 the Commissioner Of the General Land.
Once, The fees OF the Register and the Re.
ceiTcr shall be five dollars each for filing and
acting upon each application for patent or sd.
verse claim hltd. aId they shall be allowed the
SEnuuli Fixed by law for reducing testi.
-oEy - writing. when done in Land Once, such
fecs and allowances TO be paid by the respective
parties. sud Io other fees shall be charged by
them IL such csses. Nothing in this act shs N be
construed 10 enlarge or affect the rights of either
paTty IN Ttstrd to any property in controversy st
the time OF the passage of this set or Of the act
entitled An set granting the right OF way TO
ditch and c4Lsl OWNERS over the public lands
and i9r other purposes, approved July %. 1864,
nor shall this act affect any right acquired under
s1Id act; ana nothing in this act shall be con.
strued to repeal, impair or in any way affect the
provisions of the act entitled An act GRANTING
10 A sutro the riEht Of way and other privileges
10 @la II the construction c: s draining and ex-
pIorih6 tunnel To the Comstock Lode, in the
State OF Nevada, approved DULY Is h, ls6s.
Sac Is. That all Affidaylts REQUIRED TO he
made under this set or the act to which it is
amtudatery mas be verified before any officer
authorize 10 administer oaths within the Lind
district where the claims may be situated. and
all testimony and proofs may be taken hafor.
any such oficer and, when duly certified by The
othcer taking the same, shall have the same force
and effect as II taken before the r, gister and
Receiver Of the LSnd Office. In cases Of contest
a. 10 the mineral or agricultural character OF
i~hd, the testimony and proofs may be taken as
nereln provided, on personal notice of ST least
ten days to the opposing party: or if said party
cannot be found. then by publication of at least
once week for thirty days in a newspaper. to be
designated by tue Register Of the Land Office as
published nearest the location of such land: ard
the Register shall require proof that such notice
has been given.
SEC. Il. That where two or more veins inter
sect or cross each either, priority of title shall
govern, and such prior location shall be entitled
to all ore or mineral contained within the epse.
Of intersection: Provided however That the
subsequent location shall have the RIGHT OF wsy
through said space Of intersection for the pvr
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-minersl 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-adiaeent
surface ground may be embraced and included
IN an application for patent for such vein or
ioqe, and the same may be patented Herewith
subject to the same preliminary requirements
As to survey and notice as are applicable under
TINS act TO veins or lodes: Provided, Ths, no
location hereafter made of such non-adiscent
land shall exceed five acres, and payment for
the same must be made at the same rate a. AIRED
by this set for the superficies of the lode. Tbs
owner OF quartz mill or reduction works. moi
owning mine in connection Herewith, nav
also receive patent for his mill site, as proyi.
IN