Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-19

different portions Of the claim, each party may
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
10 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 act, or
the act of July 26th 1866 and July ., 1870, in the
case Of an individual, may consist in his own
afidayit thereof and in case OF an association of
persons unincorporated 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 tho 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 n
patent for mining claim to any person what
ever.
SEC. 8. 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
therewiil: but where patent shall be
issued US aforesaid for claims upon unsur-
veyed lands, the Surveyor General in extending
the surveys, shall adjust the same to the boun-
darios OF such patented claims, according to the
plat or description thereof, but so 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 overt the public
lands, and for other purposes, approved July
twenty-sixth. 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are hereby repealed.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-
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 and sixtysix, shall convey all the rights
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 he up1o 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
subdivisions of such surveys, and
no such location shall include more than twenty
acres for each individual claimant, but where
cannot be conformed to legal sub
division, survey and plat shall be made as on
lands: Provided, That proceedings
now pending may be prosecuted to their final
under existing laws; but the pro-
visions of this act, when not in conflict with ex-
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-
lion or corporation in possession of placer
ilaim, and also vein or lode included within
he boundaries thereof, application shall be
made for patent for the placer-claim. with the
that it includes such vein or lode, and
IN such case subject to the provisions of this
ict 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 p6r-
poses; approved July ninth, eighteen hundred
md seventy patent shall issue for the placer.
Slain, 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
If placer-claim, an application for patent for
Dlication for the vein or lode claim, shall be
construed conclusive declaration that the
claimant of the placer-claim has no right o pos
session Of the vein or lode claim; but where tbs
Existence of vein or lode in placer-claim is not
inown, apatent for the placer claim shall convey
III valuable mineral and other deposits within
he boundaries thereof.
SEC. IL That the Surveyor-Ge of the
United States may appoint in each land district
containing mineral lands Is many competent
Tey mining claims. The expenses of the survey
If vein or lode claims, and the survey and sub.
division of placer claims into smaller quantities
han one hundred and sixty acres, together with
he cost of publication of notices shall be paid by
he applicants and they shall be at liberty to OBJ
ain 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
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 a land district where mines are
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
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 all fees and money paid the Resister
dnu heceiNer Vi tine lhnu-once, winch statement
shall be transmitted, with the papers in the
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 aud
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, such
fees and allowances to be paid by the respective
parties; and no other fees shall he charged by
them in such cases. Nothing in this act shall b
construed to enlarge affect the rights Of either
party in regard to any property in controversy o,
the time OF the passage of this act or of the act
entitled IAN act granting the right of way tc
ditch and canal owners over the public lands
and for other purposes" approved July &c, 1865
nor shall this act affect any right acquired undel
said act; and nothing in this act shall be con
htrued TO repeal, impair, or in any way affect the
provisions Of the act entitled "An act granting
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 25th, 1866.
SEC. Is. That all affidavits required to b,
made under this act, or the act to which 1t 4
amendatory, 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 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
Receiver of the Land Office. In cases Of contes
as to the mineral or agricultural character 9
land the testimony and proofs may be taken 4
herein provided, on personal notice Of at leaf
ten days to the opposing party; or If said part
cannot be found, then by publication Of at less
once week for thirty days in newspaper, to b
designated by the Register of the Land Once 1
published nearest the location of such land; an
the Register shall require proof that such motto
has been given.
SEC. II. That where two or more veins intel
sect or Cross each other, priority Of title shsl
govern, and such prior location shall be eutitle
to all ore or mineral contained within the spac
Of intersection: Provided, however, That III
subsequent location shall have the RIGHT Of wa
through said space of Intersection for the pul
possesses Of the convenient working of the mi
mine: And provided also, That where two {
more veins unite, the oldest or prior locatio
shall take the vein below the point Of union, il
GLIDING all the space of intersection.
Sec. Is. That where non-mineral land M
contiguous to the vein or lode is used or occr
pied by the proprietor of such vein or lode "a
mining or milling purposes, such non-adjacen
surface ground may be embraced and include
in an application for patent for such vein @
lode, and the same may be patented Herewith
subject to the same preliminary requirement
as to survey and notice as are applicable unde
this act to veins or lodes Provided That n
location hereafter made of such non-adjacep
land shall exceed hve acres, and payment 70
the same must be made at the same rate ~ fixc,
by this act for the super6cies Of the lode. tn
owner of . quartz mill or reduction works, no
owning q mine in connection Herewith, ma
also receive patent for his mill site, az PROV
ded in this section.
Co.