Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-30

to the Commissioner Of the Land Office as in the |
preceding case. and patents shall issue to the !
several parties according to their respective |
rights Proof Of citizenship under this set, or
the act of July 2sth 1866. and July O. 1870 in the
case Of an individual, may consist in hts own
affidavit thereof, and in case of association Of
persons unineorporxted of the sffdsvit of their
authorized agent, made on his own knowledge or
upon information and belief, and in case of 6
corporation Organized under the laws Of the
United States or Of any State or Territory Of the
United States, by the filing Of q certified copy OF
their charter or certificate Of incorporation; and
nothing herein contained shall be construed TO
prevent the alienation Of the title conveyed by
patent for Awning claim to any person what
ever.
SEC. 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 q patent shall be
issued as aforesaid for claims upon unsur.
veyed lands, the Surveyor General in extending
the surveys, shall adjust the same to the boun.
diaries Of such patented claims, according to the
plat or description thereof, but as in no case
to interfere with or change the location of any
such patented claim.
SEC 9. 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-EiXth. eighteen hundred and siXty-six
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
Tor mining claims now penang may De lIDett-
cutsd to q 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
under the act Of July twenty sixth, eighteen
hundred and sixty-sx, shall convey all therights
| 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 as to the proceedings to obtain
| patent 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. 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-clams cannot be conformed to legal SUBJ
| division, survey and plat shall be made as on
| unsurveysd 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 eI-
listing laws, shall apply to such cases: And pro.
| vided 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 placer
claim, and also vein or lode included within
the boundaries thereof. application shall be
made for patent for the placer-clairn, 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 -fve 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 placer-claim, an application for patent for
such placer-claim, which does not include an ap-
| plicatiou for the vein or lode claim, shall be
construed as q conclusive declaration that the
ella mant of the plgcer-clam has no right + 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.
| SEC. 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
division of placer claims INTO smaller quantities
than one hundred and sixty acres, together with
the cost OF publication OF notices, shall be paid by
theapplicants 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.
F1Cr, g3I, nffb o n =.
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 newspaper
published in o 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 q
sworn statement of all charges and fees paid by
said applicant for publication and surveys, to-
gether with ali fees and money paid the ResisteI
and Receiver OF the land-ottice, which statement
shall be transmitted, with the papers in tbs
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, sucl
fees and allowances to be paid by the respectv,
parties; and no other fees shall be charged by
them in such cases. Nothing in this act shall b,
construed to enlarge or affect the rights of ethe
party in regard to any property in controversy a
the time Of the passage of this act, or Of the &C
entitled "An act granting the right Of way Il
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 act shall be con
strued to repeal, impair, or in any way affect tn
provisions of the act entitled IAN act grantin,
to A. Sutro the right Of way and other privilege
to aid in the construction of "A inn and nv
4 pior.ng tunnel to the Comstock Lode in tn
r State of Nevada" approved July 25th, 1866.
V SEC. 49, That all atiidagits required to
4 made under this act, or the act to which it
. | amendatory, may be verified before any office
a | authorized to administer oaths within tho Ian
: district where the claims may be situated, an
| all testimony and proofs may be taken befor
any such officer, and, when duly certified by tn
officer taking the same, shall have the same fore
' and effect as il taken before the Register an
i Receiver of the Land Office. In cases Of conte,
: as to the mineral or agricultural character
land, the testimony and proofs may be taken
herein provided on personal notice of at lea
, ten days to the opposing party; or if said par.
5 cannot be found, then by publication of at lea
! once week for thirty days in newspaper. to /
/ designated by the Register of the Land Office
: published nearest the location Of such land; ar
the Register shall require proof that such motto
: has been given.
t SEC. IA. That where two or more veins int
sect or cross each other, priority of title sha
i BpNeii, dhu hhcu hQAll De cntltlt
c to all ore or mineral contained within the spa,
e of intersection: Provided, however, That Il
g subsequent location shall have the right of W,
l. through said space Of intersection for the pu
h possesses of the convenient working Of the So
Is mine: And provided also, That where two
S more veins unite, the oldest or prior locatit
J. shall take the vein below the point of union, /
l. GLIDING all the space ofiptersection.
r SEC. IS. That where non-minegal land n
s contiguous to the vein or lode is used or occ
Q pied by the proprietor of such vein or lode f
e mining or milling purposes, such non-adjace
I surface ground may be embraced and INCLUDE
i in an application for patent for such vein
}. lode, and the same may be patented therewit
n subject to the same preliminary requirement
Il as to survey and notice as are applicable und
q this act to veins or lodes. Provided That
e location hereafter made Of such non-adjace
n land shall exceed five acres, and payment
d the same must be made at the same rate as Ak
f. by this act for the Guperfcies of the lode. II
,e owner of quartz mill or reduction works, n
n owning q mine in connection Herewith M
,e also receive patent for his mill-ste, as pro,
Is ded in this section.
Sec. l6 That all acts and parts of acts nco
e sstent herewith are hereby repealed: Provide
o That nothing contained in this act shall be co
g strued to impair, in any way, rights or interes
j, in mining property acquired under existing law
}. Approved May 10, 1872.
i CHAP. CCXIy.-An Act to amend an Act entitl,