Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-14


20 the Commissioner Of the Land Office as in the
preceding case. and patents shall issue 10 the
several parties according TO their respective
rights. Proof Of citizenship under this act. or
the act Of July 95th 1896 and July 9, 1870 In the
case u an individual, may consist in his own
AFFIDAVIT thereof and in case OF an association Of
persons unincorpurated Of the affidavit Of thsir
authorized agent. made on his own knowledge or
upon information and belief, and in case Of .
corporation organized under the laws of the
United States or Of any State or Territory Of the
United States, by the filing Of eertihed copy Of
their charter or certificate Of Incorporation; and
nothing herein coutsined shall be construed to
prevent the alienation O. the title conveyed by
patent for 0 mining claim to any person what
ever
I 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
F Of the public surveys, bat need not conform
T Herewith. but where patent shall be
I issued as Aforesaid for claims upon uDsur-
[ 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
I to interfere with or change the location Of any
such patented claim,
4 SEC. 9. That sections one, two, three. four and
six Of an act entitled An Act granting the right
I OF way to ditch aud canal owners the public
I lands. and for other purposes, approved July
/ twcnty-sixth. eighteen huIdred and siNty-sin
are hereby repealed. but such repeal shall not
. GEHEf existing FiElLE. \ loE pAltuLs
for mining claims now pending may be prose
cuted 10 hnal decision in the General Land
Office: hut 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 the rights
4 and privileges conferred by this act where no
adverse rights exist at the time Of the passage Of
+ this act.
~ ha 81 entitled n ~ n
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 for obtaining patents to vein or lode claims;
but where said placer-claims shall be upon sur
vpyed lands, and conform to legal subdivisions,
no further survey or plat shall be required and
all placer mining claims hereafter located shall
conform Us 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-clalms cannot be conformed to legal sub
division. survey and plat shall be made as on
unsuryey. 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,
I isting laws. shall apply to such cases: And pro.
yided also, That where by the segregation OF
mineral land in any legal subdivision a quantity
OF agricultural land less than forty scres 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, associa
ton or corporation in possession of placer
claim and also vein or lode included within
the boundaries thereof, application shall bc
made for patent for the placer-claim, with tbs
statement hat it includes such vein or lode, anC
in such case Subject TO the provisions of thii
act ana the act entitled AN act to amend an &C
granting the right of way TO ditch and cana
owner. 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 tn
payment Of five dollars per acre for such vein @
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, together
with all costs Of proceedings; and where avein o
lode, such as described in the second section o
this act. is known to exist within the bOundarie
. OF placer-claim an application for patent 70
such placer-claim which does not include an ap
plcatiun for the vein or lode claim, shall b
construed as a conclusive declaration that tn
ella mant Of the placer-claim has no right o ( pos
session Of the vein or lode claim, but where tn
existence of vein or lode in placer-claim is no
known, apatent for the placer claim shall conve
e all valuable mineral and other deposits With
] tn boundaries thereof.
= SEC. u That the Surveyor General Of tn
70 United States may appoint in each land distriC
o containing mineral lands as many competeI
o surveyors as shall apply for appointment to SUI
"a vCy mining claims. The expenses of the surve
$ Of vein OF lode claims, and the survey and sui
# diyiso of placer claims INTO smaller quGntitit
e than one hundred and sixty acres, together wit
l. the cost Of publication of notices shall be paid
" theupplicautk and they shall be at liberty to oil
J. III. al tho most reasonable n
they shall also be At liberty to employ any Unite
V States Deputy Surveyor to make the snrve,
@ The Commissioner of the General Land 0ffiC
4 shall also have power to establish the maximul
+ charges for surveys and publication of notice
/ under this act; and, i'll of excessive charge
: for publication, he may designate any newspap,
D published in Il land district where mines al
e situated, for the publication of mining notice
t in such district, and fix the rates to be charge
j by such paper; and, to the end that the Commi
g .iuner may be fully informed on the subjec
e each applicant shall file with the Register
o sworn statemant Of all charges and fees paid |
e said applicant for publication and surveys, t
n gether with all fees and money paid the Resist
/. and Receiver OF the land-oflice, which statemel
|. shall be transmitted, with the papers in Il
s, case, 10 the Commissioner of the General Lam
p Office. The fees Of the Register and the Il
e ccivcr shall be five dollars each for filing al
# acting upon each application for patent or a
is verse claim filed, and they shall be allowed Il
t. amount fixed by law for reducing test
n mOny to writing, when done in Land Office sue
n fees and allowances to be paid by the respecti'
+. parties; and no other fees shall be charged
N them in such cases Nothing in this act shall
d. construed To enlarge or affect the rights Of eth
II party in regard to any property in controversy
the time OF the passage of this act, or Of the a
d entitled An act granting the right of way
10 ditch and canal owners over the public land
m and for other PURPOSES" approved July &c, 1856
10 nor shall this act affect any right acquired und
said act and nothing in this act shall be co
d strued to repeal impair, or in any way affect Il
b. provisions of the act entitled IAN act grantii
D. to 4 SutrO the right of way and other privileg
a to aid III the construction Of a draining and e,
d ploring tunnel to the Comstock Lode in Il
,r State Of Nevada, approved July 25th, 1866.
" SEC. -. That all aihdavits required to
a made under this act, or the act to which il
f., amendatory, may be verified before any offic
n authorized to administer oaths within the lai
j. district where the claims may be situated, al
|, all testimony and proofs may be taken befo
n any such officer, and, when duly certified by Il
V officer taking the same, shall have the same for
v and effect if taken before the Register al
h Receiver OF the Land Office. In cases Of conte
|. as to the mineral or agricultural character
= lend, the testimony and proofs may be taken
l. herein provided, on personal notice of at lea
o ten days to the opposing party; or If said par
g cannot be found, then by publication Of at lea
n once week for thirty days in a newspaper, to
d designated by the Register of the Land Office
Z. published nearest the location Of such land; al
!
y has been given.
1 SEC. IA. That where two or more veins int
d sect or cross each other, priority of title sha
I. govern, and such prior location shall be cntitl
e to all ore or mineral contained within the spa
e of intersection: Provided, however, That Il
Q subsequent location shall have the right of W,
l. through said space Of intersection for the pu
h possess of the convenient working OF the sa
e mine: And provided also, That where two
s more veins unite, the Oldest or prior locatiC
e shall take the vein below the point of union 4
l. GLIDING all the space ofintersection.
n SEC. Is. That where non-mineral land n
IS contiguous to the vein or lode is used or occ
e pied by the proprietor Of such vein or lode Il
Ne mining or milling purposes, such non-ad jacei
If surface ground may be embraced and includ,
II in an application for patent for such vein
J. lode and the same may be patented therewit
n subject to the same preliminary Requirement
II as to survey and notice as are applicable und
e this act to veins or lodes: Provided, That l
e location hereafter made Of such non-adjacel
n land shall exceed five acres and payment f
d the same must be made at the same rate az fixs
+ by this act for the superfcies of the lode. II
@ owner of quartz mill or reduction works. N
n owning mine in connection Herewith, ms
e also receive patent for his mill site, as prov
s ded in this section.
SEC. is. That all acts ..:d parts Of acts inco