Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-19

U EAnf-ttEGlAl. NLt.ClfOI Inc reg hfer
shall certify the proceedings and judgment-rol
to the Commissioner Of the Land 0tice as In the
preceding case, and patents shall issue 10 the
several parties according TO their respective
rights. Proof Of citizenship under this act, or
the act OF July 2fth ISIS, and July O. 1870 in the
case q an individual, may consist in his own
sifadcvit thereof and in case OF association of
persons unincorpora'ed Of the afidsyi. OF their
authorized sgent. male on his own knowledge or
upon information and belief and in CASE OF
corporation organized under the laws Of the
United States. Of any State or Territory OF the
United States, by the fling Of q certified copy of
their charter or certificate Of incorporation; and
nothing herein contained shall be construed 10
prevent the alienation Of he title conveyed by
patent fer mining claim to any person Whist
ever.
SIC. S. That the description Of vein or lode
claims, upon surveyed lands, shall designst the
location OF the claim with reference TO the lines
Of the public surveys, but need not conform
Herewith; but vhero 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 clsil,s, according 10 the
plat or description thereof, but 20 as in no case
to interfere with or change the location Of any
such patented claim.
SEC. Q. That sections one. two, three. four and
six of an act entitled An Act granting the right
Of way to ditch sud canal owners over the public
lands, and for other purposes approved July
twenty-siXth. eighteen hundred and sixty six,
arc hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may he prose
cutcd TO a final decision in the General Land
Once. but in such Gases where adverse rights
are not affected tn reby, patents may issue in
pursuance Of the provisions OF this act; and all
patents for mining claims heretofore issued
uader 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 eNist ct 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 purpose 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
I but where said plgcer-claims Shall be upon sur
yeyed lands ana conform to legal subdivisions
/ no further survey or plat shall be required, and
! all placer mining claims hereafter located shall
/ conform near as practicable with the United
/ States system Of public land surveys and the
I rectangular subdivisions Of such surveys. and
! no such location shall include more than twenty
acres for each individual claimant. but where
/ placer-claiIns 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 e1
| 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
1 law, for homestead or presumption purposes.
! SEC. Il. That where the same person. associs
/ ton or corporation in possession of placer
| claim, and also vein or lode included within
the boundaries thereof, application shall b.
/ made for patent for the placer-claim. with tn,
statement hat it includes such vein or lode, ant
I in such case Subject to the provisions Of thi
act and the act entitled IAN act to amend an nc
granting the right Of way TO ditch and cana
poses; approved July ninth, eighteen hundred
{ and seventy patent Shall issue for the placer
/ claim, including such vein or lode upon tn
payment Of five dollars per acre for such vein O
lode claim, and twenty-five feet of surface oil
each side thereof. The remainder Of the placer
claim. or any placer claim not embracing an
vein or lode claim, shall be paid for at the rat
, Of two dollars and fifty cents per acre, together
with all costs Of proceedings; and where avein o
/ lode, such AS described in the second section o
this act il known to exist within the boundarie
of a plucer-claim, an application for patent TO
/ such plaCCr-Claim, which does not include an ap
plication for the vein or lode claim, shall b
construed as conclusive declaration that tn
ella mant OF the placer-claim has no right f pos
session Of the vein or lode claim; but where til
existence Of a vein or lode in placer-claim is no
KNOWN patent for the placer-claim shall conve
all valuable mineral and other deposits With
tn boundaries thereof.
[ SIC. u That the Surveyors General of tn
United States may appoint in each land distriC
, containing mineral lands as many competeI
, surveyors as shall apply for appointment to su
| Ycy mining claim. The expenses of the survt
: OF vein or lode claims, and the survey and SUI
+ division of placer claims INTO smaller quantiti
=. / than one hundred and sixty acres, together wit
= the cost Of publication of notices shall be paid
r theapplicants, and they shall be at liberty to o.
I tain the same at the most reasonable rates, al
. they shall also be at liberty to employ any Unite
States Deputy Surveyor 10 make the surve,
{ The Commissioner Of the General Land OfiiC
! 1 shall also have power to establish the maximum
charges for surveys and publication of motto,
/ under this act; and in case of excessive charg,
! for publication, he may designate any Dewspap
/ published in land district where mines a
p situated, for the publication Of mining notice
I in such district, and fix the rates to be charge
/ by such paper: and, TO the end that the Commi
= sioner may be fully informed on the subjec
a each applicant Shall file with the Register
, sworn statement Of all charges and fees paid |
o. said applicant Tor publication and surveys, I
\ gether with all fees and money paid the Resist
. / and Receiver OF the land-oifice, which statemel
| shall b" transmitted, with the papers in Il
= case, to the Commissioner Of the General Ian
!, ONCE The fees OF the Register and the II
a Ceiver shall bs five dollars each for filing al
!, acting upon each application for patent or O
. amount fixed by law for reducing ties
= mony to writing when done in Land Office, SUI
n fees and allowances to be paid by the respect
= parties; and no other fees shall be charged
n them in such cases. Nothing in this act shall
construed to enlarge affect the rights of eth
Il party in regard to any property in controversy
n the time oi the passage of this act, or OF the
Il entitled IAN act granting the right of way
n ditch and canal owners over the public LAND
n and for other purposes" approved July &c, 1884,
n nor shall this act affect any right acquired und
said act; and nothing in this act shall be CO
A strued to repeal impair, or in any way affect {
!, provisions Of the act entitled IAN act grant
, to A. Sutro the right Of way and other privileg
a to aid i'll the construction of a draining and e
A plorng tunnel To the Comstock Lode, in I
,r State OF Nevada, approved July 25h, 1866.
v SEC. -. That all affidavits required to
q made under this act, or the act to which it
:, amendatory, may be verified before any otfc
n authorized to administer oaths within the lsl
!. 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 I
y officer taking the same shall have the same for
:, and effect rs IL taken before the Register al
l. Receiver of the Land Office. In cases Of contt
!. as to the mineral or agricultural character
J., lnnd, the testimony and proofs may be taken
l. herein provided, on personal notice Of at lei
n ten days to the opposing party; or If said par
9 cannot be found. then by publication of at lea
\ once week for thirty days in newspaper, to
4 designated by the Register of the Land Office
>, | published nearest the location Of such land; 81
a the Register shall require proof that such mott
J., has been given.
SEC. IA. That where two or more veins int,
a sect or cross each ether, priority of title sh
> govern, and such prior location shall be entitl
q to all ore or mineral contained within the spa
a Of intersection: Provided, however, That t
a subsequent location shall have the right of W
? through said space Of intersection for the pI
h possesses of the convenient working Of the 50
q mine: And provided also, That where two
g more veins unite, the Oldest or prior locat
= shall take the vein below the point of union
!. GLIDING all the space of intersection.
r. SEC. Is. That where non-mineral land n
e contiguous to the vein or lode is used or occ
70 pied by the proprietor of such vein or lode
"a mining or milling purposes, such non-adjac
n surface ground may be embraced and includ
II in an application for patent for such vein
!. lode. and the same may be patented therewit
N subject to the same preliminary requirener
II as to survey and notice as are applicable und
"a this act to veins or lodes Provided, That
"a location hereafter made of such non-ad jace
y land shall exceed five acres, and payment (
4 the same must be made at the same rate as fix
= by this act for the superhcies Of the lode. T
q owner of q quartz mill or reduction works n
!, owning a mine in connection Herewith, m
% also receive patent for his mill-siie. as pro,
:. ded in this section.
- SEC. I6. That all acts and parts of acts inco
- u