Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-21

r fees, and hle the certincate ano description
BY the Surveyor-General, whereupon the register
shall certify the proceedings and judgment-roll
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 act, or
the act of July Goth 1850. and July g. 1870 in tho
case Of an individual, may consist in his own
afdavit thereof, and in case of an association OF
persons unincorporaied of the affidavit of their
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 a certified copy of
their charter or certificate of incorporation; and
nothing herein contained shall be construed to i
prevent the alienation of the title conveyed by 4
patent for a mining claim to any person what
ever.
SIC. 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
to interfere with or change the location OF any
such patented claim.
sHc o. That sections one two, three. four and
six of an act entitled An Act granting the right
of way to ditch and canal owners overthe public
lands, and for other purposes, approved July
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to a tnal 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 aud sixty-siX, 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. TO- 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
q patent which shall be similar to the proceed
ings prescribed by sections six and seven OF this
act for obtaining patents 10 vein or lode claims;
but where said placer-claims shall be upon sur
yeyed 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 oachsindividual claimant, but where
placer-claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveyed lands: Provided, That proceedings
now pending may be prosecuted to their final
determination under existing laws; but the pro-
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 a vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claim, 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-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 dsllars 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 placCr-claim, an application for patent for
such placer-clam, which does not include an ap
plicati0n for the vein or lode claim, shall be
construed a conclusive declaration that the
claimant of the placer-claim has no right of pos
session Of the vein or lode claim; but where the
existence of vein or lode in placerclam is not
u
all valuable mineral and other deposits within
! thu 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 surv ey
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. epaid by
the applicants, 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
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 chargei
for publication, he may designate any newspaper
| published in 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 the end that the Commits
sioner may be fully informed on the subject
each applicant shall file with the Register
said applicant for publication and surveys, 10
gether with all fees and money paid the Resiste
and Receiver of the land-ofhce, which statemen
shall be transmitted, with the papers in tn
case, to the Commissioner of the General Land
Office. The fees of the Register and the RI
ceiver shall be five dollars each for filing an
acting upon each application for patent or az
verse claim filed, and they shall be allowed tn
! mony to writing, when done in Land Office, sue
, fees and allowances to be paid by the respectiy
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 etht
[ party in regard to any property in controversy
the time of the passage of this act, or of the az
entitled "An act granting the right Of way I
D ditch and canal owners over the public land
a and for other purposes" approved July 90, 1856
nor shall this act affect any right acquired undo
said act; and nothing in this act shall be col
strued to repeal, impair, or in any way affect Il
= provisions of the act entitled IAN act grantI
/, to A. sutro the right of way and other privilege
a to aid in the construction of draining and e,
d ploring tunnel to the Comstock Lode, in Il
" State of Nevada" approved July 25th. 1866.
y SEC. 10. That all affidavits required to
made under this act, or the act to which it
e. amendatory, may be verified before any ofhc
m authorized to administer oaths within the lal
l. 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 t
Y officer taking the same shall have the same for
" and effect as IL taken before the Register al
h Receiver of the Land Office. In cases of contt
l. as to the mineral or agricultural character
D. land, the testimony and proofs may be taken
t. herein provided, on personal notice Of at lei
% ten days to the opposing party; or if said par
Is cannot be found, then by publication of at lea
n once a week for thirty days in newspaper, to
d designated by the Register of the Land Office
" published nearest the location of such land; a
lie the INeklhttr pToOl tuht hucn nOtl
D. has been given.
1t SEC. IA. That where two or more veins int
I'd sect OF cross each other, priority of title sh
g. govern and such prior location shall be entitl
le to all ore or mineral contained within the sps
he of intersection: Provided, however That I
~ subsequent location shall have the right of "
h. through said space of intersection for the pl
III possesses of the convenient working OF the 81
es mine: And provided also, That where two
RS more veins unite, the Oldest or prior locati
g. shall take the vein below the point of union,
n Guiding all the space of intersection.
er SEC. 10. That where non-mineral land
is contiguous to the vein or lode is used or oc,
ie pied by the proprietor Of such vein or lode
% mining or milling purposes. such non-sdjac,
Of surface ground may be embraced and includ
II in an application for patent for such vein
o. lode, and the same may be patented therewi
N subject to the same preliminary requirenlel
If as to survey and notice as are applicable und
le this act to veins or lodes: Provided, That
70 location hereafter made of such non-adjace
N land shall exceed five acres, and payment
ID the same must be made at the same rate a. fx
4. by this act for the superfcies Of the lode. T
We owner of a quartz mill or reduction works. 4
m owning q mine in connection Herewith m
Ne also receive patent for his mill Site O. pro
a. ded in this section.
SEC. 16. That all acts and parts Of acts inct
,e sistent herewith are hereby repealed: Provid.
,e That nothing contained in this act shall be CT