Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-18

n foes. and lie the CtEtlOC1tt Hu0 0t8cf1ptlOI |
by the surveyor-Genersl, whercupon the register
shall certify the proceedings and judgment-roll
10 the Commissioner oft Land Once, 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 lsG6, and July 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 sffidsvit Of their
authorized agent. 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 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
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
Herewith. but where patent shall De
issued as aforesaid for claims upon unsur-
veyed lands the Surveyor General in extending
the surveys, shall adjust the same to the boun-
diaries 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 over the public /
lands, and for other purposes, approved July /
twenty-si1th. eighteen hundred and sixty-si1. |
are hereby repealed, but such repeal shall not /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 fnal 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 sixty-sx 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 Tor
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain in
full force, except as to the proceedings TO obtain
a 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 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
unsurveysd lands Provided, That proceedings
now pending may be prosecuted to their hnal
| determination 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 aggregation 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. H. That where the same person, associa-
ton or corporation in possession of a placer
claim, and also Il vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claim, with the
hiatt tltI1.a mel M
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 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
of placer-claim, all application for q patent for
such placer-claim, which does not include an ap-
plcation for the vein or lode claim shall be
construed as conclusive declaration that the
clan of the placer-claim has no right o. pos
session OF the vein or lode claim; but where the
existence Of vein or lode in placerclaim is not
known, apatent for the placer claim shall convey
all valuable mineral and other deposits within
| the boundaries thereof.
SEC IL That the Surveyor. General of the
| United States may appoint In each land district
| containing mineral lands many competent
| surveyors as shall apply for appointment to sur
vey mining claims The expenses of the survey
| OF vein or lode claims, and the survey and sub
divisioo of placer claims into smaller quantities
than one hundred and sixty acres together with
the cost of publication of notices shall be paid 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 charges
| for publication, he may designate any newspaper
published in a land district where mines are
situated 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.
sioner may be fully informed on the subject
each applicant shall file with the Register a
sworn statement of all charges and fees paid by
said applicant for publication and surveys, to-
gether with all fees and money paid the ResisteI
and Receiver of the land ofiice, which statement
shall be transmitted, with the papers in thu
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 test
! mony TO writing, when done in Land Office, sucl
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 affect the rights of eithe
party in regard to any property in controversy a
l the time of the passage of this act or of the &C
1 entitled IAN act granting the right of way t
D ditch and canal owners over the public lands
q and for other purposes, approved July 90, 1866
o nor shall this act affect any right acquired unde
said act; and nothing in this act shall be COZ
strued to repeal, impair OF in any way Affect tn
D provisions of the act entitled IAN act grantin
L. to A. Sutro the right of way and other privilege
a to aid in the construction of draining and ez
d ploring tunnel to the Comstock Lode, in til
IT State of Nevada" approved July 25th, 1866
" SEC. ID. That all afhdavits required to
a made under this act, or the act to which it
e. amendatory, may be verified before any offic,
N authorized to administer oaths within the lar
l. district where the claims may be situated. ar
|, all testimony and proofs may be taken befo
m any such officer, and, when duly certified by Il
" officer taking thu same shall have the same for
" and effect as II taken before the Register al
h Receiver of the Land Office. In cases Of conte
l. as to the mineral or agricultural character
q. | land, the testimony and proofs may be taken
l. herein provided, on personal notice of at lea
70 ten days to the opposing party or If said par
IS cannot be found, then by publication of at lea
n once week for thirty days in q newspaper to
"a | designated by the Register of the Land Office
'. published nearest the location of such land a
lie the Register shall require proof that such mott
o. has been given.
AZ SEC. IA. That where two or more veins int
I'd sect or cross each ether priority of title shi
O. govern and such prior location shall be entitl
he to all ore or mineral contained within the sps
he of intersection: Provided, however, That {
ng subsequent location shall have the right of W
h. through said space Of intersection for the p,
tn possesses of the convenient working of the S,
es mine: And provided also, That where two
rs more veins unite, the Oldest or prior locati
e. shall take the vein below the point Of union,
n GLIDING all the space of intersection.
er SEC. Is That where non-mineral land I
ts contiguous TO the vein or lode is used or oc,
he pied by the proprietor Of such vein or lode
be mining or milling purposes, such non-adja ce
of surface ground may be embraced and includ
Nj in an application for patent for such vein
o. lode, and the same may be patented therewi
On subject to the same preliminary requiremel
If o. to survey and notice as are applicable unt
he this act to veins or lodes: Provided, That
&c location hereafter made Of such non-adjac,
on land shall exceed five acres, and payment
ed the same must be made at the same rate - fl
81 by this act for the superfcies of the lode. 7
.se owner of q quartz mill or reduction works,
I'M owning q mine in connection Herewith, n
he also receive q patent for his mill site. pro
as ded in this section.
SEC. TO- That all acts and parts of acts inc
be sistent herewith are hereby repealed: Provid
be That nothing contained in this act shall be c.
he | strued to impair in any way, rights or intere