Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-18

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I by the suryeyor-General, whereupon the register
shall certify the proceedings and judgment-roll
/ To the Commissioner ofthe Land effce, as in the
preceding eao 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 lsG6, and July g. 1870 in the
case Of an individual. may consist in his own
affidavit 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 a
corporation organized under the laws Of the
United States. or Of any State or Territory Of the
United States, by the hling 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. 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
Herewith; but where patent shall be
I 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 in no case
I TO interfere with or change the location OF any
/ such patented claim.
SEC 9. That sections one. two, three. four and
siK. OF an act entitled An Act granting the right
of way TO ditch and canal owners over the public
I lands, and for other purposes. approved July
I
are hereby repealed but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted TO final decision in the General Land
{ Ofiee 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 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 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 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
plaeer-caims cannot be conformed to legal sub
division. survey and plat shall be made as on
/ unsuIvey6 lands: Provided, That proceedings
! now pending may be prosecuted to their final
determination under existing laws but the pro-
. NlblOUh OF THIS act, Wren III cOUulCt with eA-
/ listing laws, shall apply to such casts: And pro-
vided also, That where by the segregation of
mineral land in any legal subdivision a 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. II. That where the same person, associs-
I ton or corporation in possession Of o placer
claim, and also vein or lode included within
/ the boundaries thereof, application shall be
] f1ra nat fpt plaf Ia
statement hat 1t includes such vein or lode, and
in such case subject to the provisions of this
act and the act entitled IAN act to amend al act
/ granting the right of way 10 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 vein or
/ lode, such rs described in the second section OF
this act, is known to exist within the boundaries
OF placer-clain, an application for patent for
such placer-claim, which does not include an ap.
/ plicatiQn for the vein or lode claim, shall be
. construed as & conclusive declaration that the
ella mant 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 placer. claim is no,
known, apatent for the placef-claim shall convey
all valuable mineral and other deposits within
III boundaries thereof.
SEC. II That the Surveyor General Of the
United States may appoint in each land district
containing mineral lands as many competen
surveyors as shall apply for appointment to sur
vcy mining claims. The expenses of the surve,
, OF vein OF lode claims, and the survey and sub
I divisio Of placer claims INTO smaller quanttie
than one hundred and sixty acres, together witt
the cost Equalization Of notices shall be paid b.
{ theapplicants and they shall be at liberty to oh
! tain the same at the most reasonable rates, an(
they shall also be at liberty to employ any UniteC
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 notice
under this act; and, in case OF excessive charge
for publication, he may designate any newspape
published in a 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 folly 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-otice, 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 Re
ceiver shall be five dollars each for filing an
+ acting upon each application for patent or ad
verse claim filed, and they shall be allowed tn
amount fixed by law for reducing test
r nOny to writing. when done in Land Office, suc
fees and allowances to be paid by the respectiv
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 in regard to any property in controversy
the time Of the passage of this act, of the &C
entitled IAN act granting the right of way /
} 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 cor
srued to repeal, impair, or in any way affect til
provisions of the act entitled IAN act grantin
to A. Sutro the right Of way and other privilege
a to aid in the construction Of draining and ex
/ ploring tunnel to the Comstock Lode, in til
7 State OF Nevada" approved July 25th, 1866.
y SEC. 10. That all affidavits required to
a made under this act, or the act to which it
=, amendRtory, 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 til
officer taking the same, shall have the same fore
and effect if taken before the Register an
Receiver Of the Land Office. In cases OF contes
= as to the mineral or agricultural character
= land, the testimony and proofs may be taken q
herein provided, on personal notice of at leai
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 newspaper, to b
designated by tue Register of the Land Office
the Register shall require proof that such motto
has been given.
SEC. IA. That where two or more veins Intel
sect or cross each other, priority of title sha
govern, and such prior location shall be entitle
to all ore or mineral contained within the spsc
of intersection: Provided, however. That tn
subsequent location shall have the right OF wa
through said space of intersection for the pui
possesses of the convenient working Of the sal
mine; And provided also, That where two Q
more veins unite, the oldest or prior locatio
shall take the vein below the point of union, in
. Guiding all the space ofintersection.
SEC. Is. That where non-mineral land nc
contiguous to the vein or lode is used or occu
pied by the proprietor Of such vein or lode 70
; mining or milling purposes, such non- adj acen
( surface ground may be embraced and include
! in an application for patent for such vein o
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-adj acen
land shall exceed five acres, and payment 70
| the same must be made at the same rate a. Axe
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 patent for his mill site, as provi
ded in this section.
fTa