Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-19

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pay for his portion Of the claim, with the prop
er fees, and file the certificate and description
by the Surveyor-General, whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner of the Land Once. N in the
preceding case, and patents shall issue to the
several parties according to their respective
rights. Proof of citizenship under this act, or
the act of July 26th ls66, and July .. 1870 in the
case Of an individual, may consist In his own
affidavit thereof, and in OF association OF
persons unincorporated Of the aiiidsvit Of their
authorized agent, made on his own knowledge or
upon information and belief, and in case Of q
corporation organized under the laws Of the
United States. or Of any State 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 to
prevent the alienation of the title conveyed by a
patent for a mining claim to any person what
ever.
SEC g. 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 adjust the same to the boun-
daries of such patented clsims, according 10 the
plat or description thereof, but so as in no case
to interfere with or change the location of any
such patented claim.
SIC .. That sections one, two, three. four and
six Of an act entitled An Act granting the right
D OF way To ultcn and canal OWntrs over Iublle
lands, and for other purposes, approved July
| twenty-sxth. eighteen hundred and sixty -six.
/ are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
| for mining claims now pending may be prose
1 cuted to final decision in the General Land
/ Once; 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-sirth, eighteen
1agws al a
and privileges conferred by this act where No
adverse rights exist at the time Of the passage OF
/ this act.
SEC. TO- That the act entitled An Act to
amend an act granting the right OF way to dltrh
! and canal owners over the pubic lands, and fof
! 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 pacer-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 practicable with the | nited
| 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 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 en-
listing laws. shall apply to such cas-, s: 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 prescription purposes.
| SIC. IL. That where the same person, associs-
| ti0n or corporation in possession of a placer
! claim and also vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-cailn, with the
statement nat il includes such vein or lode, and
in such case lsuhject 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 svein or
lode such as described in the second section Of
this act. is known to exist within the boundaries
ola placer claim, an application for patent for
such placer-Claim, which does not include an ap-
plicatiUu for the vein or lode claim, shall be
construed as a conclusive declaration that the
ella maut Of the placer-claim has no right o. pos
session Of the vein or lode claim but where the
existence Of vein or lode in placer claim is not
known. q patent for the placer-clsim 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 zach land district
! containing mineral lands as many competent
! surveyors as shall apply for appointment to sur.
/ yuy mining claims. The expenses of the survey
| Of vein OF lode claims, and the survey and sub
dlylsio Of placer claims INTO smaller quantities
| than one hundred and sixty acres, together with
the cost fpublicaiou Of notices shall be paid by
thCapplicants and they shall be atliberty to OBJ
tain the same at the most reasonable rates and
. they shall also be st liberty to employ any United
States Deputy Surveyor 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 newspaper
published in Il 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; aud, to the end that the Commits.
/ siOner 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 land-nfice, which statement
shall be transmitted, with the papers in the
case to the Commissioner Of the General Land.
]
| 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 test
mOny to writing, when done in Land Office such
fees and allowances to be paid by the respective
parties ,aud no other fees shall be charged by
them in such cases Nothing in this act shall b.
construed 10 enlarge or affect the rights of eithe
party in regard to any property in controversy a
the time OF the passage of this act or Of the &C
Id al 49,.
ditch and canal owners over the public lands
and Tor other purposes, approved July &c, 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 draining and ex
ploring tunnel to the Comstock Lode, in tn
State of Nevada, approved July 25'h, 1866.
SEC. 10. That all afidavits required to b
made under this act, or the act to which it
ameudatory, may be verified before any Office
authorized to administer oaths within the Ian
district where the claims may be situated, an
all testimony and proofs may be taken befoI
any such officer and, when duly certified by III
officer taking the same, shall have the same fore
and effect as If taken before the Register an
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 II said part
S cannot be found, then by publication of at lea
4 once week for thirty days in newspaper, to
1 designated by the Register of the Land Office
: published nearest the location of such land; al
e the Register shall require proof that such mott
= has been given.
/ SIC IA. That where two or more veins int
d sect or cross each other priority Of title sh,
/, govern, and such prior location shall be entitl
e to all ore or mineral contained within the spa
e Of intersection; Provided, however, That t
g subsequent location shall have the right of W
l. through said space Of intersection for the D,
h possesses of the convenient working of the ga
"a mine: And provided also, That where two
s more veins unite, the oldest or prior locati
= shall take the vein below the point of union,
!. Guiding all the space of intersection.
r SEC. Is. That where non-mineral land Il
$ contiguous to the vein or lode is used or occ
e pied by the proprietor of such vein or lode (
e mining or milling purposes, such non-ad jace
f surface ground may be embraced and includ
in an application for patent for such vein
lode, and the same may be patented therewit
4 subject TO the same preliminary Requirement
as to survey and notice as are applicable und
e this act to veins or lodes: Provided That l
2 location hereafter made of such non-adjace,
! land shall exceed Ave acres and payment f
the same must be made at the same rate as fix,
by this act for the superlcies Of the lode n
owner Of a quartz mill or reduction works, n
owning mine in connection Herewith, m,
also receive patent for his mill-site. as PROV