Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-01


shall certify the proceedings and judgment-roll
TO the Commissioner ofthe Land Once, as in the
preceding case, and patents shall issue TO the
several parties according 10 their respective
rights. Proof of citizenship under this act or
the act Of July 2sth 1866. and July g. 1870 in the
case of an Individual may consist in his own
affidavit thereof, and in OF an association Of
persons unincorpogated of the affidavit 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; aud
nothing herein contained shall be construed to
prevent the alienation Of the title conveyed by q
patent for a mining 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 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 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. 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 the public
lands and for other purposes approved July
twenty-siGth. eighteen hundred and sixty -si1,
SIRE hereby repealed, but such repeal shall not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 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 snd siXtysix, shall convey all the rights
and privileges conferred by this act where no
adverse rights exist at TIE 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 rs 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-Claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveyt lands: Provided, That proceedings
now pending may be prosecuted to their final
determination under existing laws; but the pro-
NlNlpIe VI tulh att With uut III Win CN-
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, fcr homestead or presumption purposes.
SIC. II. That where the same person, associs-
ton or corporation in possession of q placer
claim, and also a vein or lode included within
the boundaries thereof, application shall be
Il e., l.,..
statement hat it includes such vein or lode, and
in such case subject to the provisions of this
act and 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 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 ali 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-clsim, which does not include an ap-
plication for the vein or lode claim, shall be
construed as q conclusive declaration that the
ella nant Of tho placerclaim has no right o I pos
session Of the vein or lode claim; but where the
u
known q patent for the placer claim shall convey
all valuable mineral and other deposits within
tn boundaries thereof.
SEC. l. 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
Ney mining claims. The expenses of the surv ey
OF vein or lode claims, and the survey and sub
divisio' OF placer claims into smaller quantities
than one hundred and sixty acres, together will
the cost of publication Of notices shall be paid b,
thcapplicants and they shall be at liberty to OBJ
tain the same AZ the most reasonable rates. and
they shall also be 1T liberty to employ any United
States Deputy Surveyor to make the survey
The Commissioner of the General Land Offic,
/ shall also have power to establish the maximum
/ charges for surveys and publication of notices
under this act; and, in case of excessive charge.
/ Tor publication, he may designate any newspaper
/ published in IA land district where mines ar,
situated, for the publication of mining notice,
in such district, and fix the rates to be charged
! by such paper and, to tn end that the Commits
1 sIoner may be fully informed on the subject
each applicant shall file with the Register
| sworn statement of all charges and fees paid b
said applicant for publication and surveys, to
! gether with all fees and money paid the Resiste
| and Receiver of the land-otiice, which Statement
[ shall be transmitted, with the papers in tn,
! 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 ant
acting upon each application for patent or ad
/ verse claim filed, and they shall be allowed tn
amount fixed by law for reducing testi
mony to writing, when done in Land Office, sucl
/ fees and allowances to be paid by the RESPECTIVE
/ parties; and no other fees shall be charged b,
them in such cases Nothing in this act shall b
construed TO enlarge or affect the rights Of eithe
/ party III 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 t.
/ ditch and canal owners over the public lands
and for 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 o draining and eN
/ ploring tunnel to the Comstock Lode, in tn
state OF Nevada" approved July 25th, 1866.
| SrC. 10. That all aftdavits required to b
made under this act, or the act to which it i
amendatory, may he 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 befor
! any such officer. and, when duly certified by tn
officer taking the same, shall have the same fore
| and effect rs If taken before the Register an,
| Receiver of the Land Office. In cases Of contes
as to the mineral or agricultural character O
land, the testimony and proofs may be taken Il
| herein provided, ON personal notice of at leas
ten days to the opposing party; or if said part
cannot be found, then by publication of at leas
once week for thirty days in q newspaper to b
designated by tue Register Of the Land Office a
published nearest the location Of such land; an,
the Register Shall require proof that such motto
has been given.
SEC. IA. That where two or more veins inter
sect or cross each 6ther, priority of title shall
govern, and such prior location shall be entitle,
to all ore or mineral contained within the spac
of intersection: Provided, however. That tn,
subsequent location shall have the right of wa,
through said space Of intersection for the pur
possesses of the convenient working of the sale
mine: And provided also, That where two o.
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-mineral land no
contiguous to the vein or lode is used or occu
pied by the proprietor of such vein or lode fol
mining or milling purposes, such non ad jacen
surface ground may be embraced and included
in an application for patent for such vein Of
lode, and the same may be patented Herewith
subject to the same preliminary requirement.
as to survey and notice MS are applicable undel
this act to veins or lodes Provided, That M
location hereafter made of such non-adjace
land shall exceed five acres, and payment 70,
the same must be made at the same rate as fixet
by this act for the superfcies OF the lode. Tn,
owner of a quartz mill or reduction works, no
owning mine in connection Herewith, ma,
also receive q patent for his mill site, as proYi
ded in this section.
SEC. 16. That all acts and parts of acts incon
sistent herewith are hereby repealed: Provided