Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-08

.everal Tartie. aooording 70 their respective
-ights. Pr0of o: citizenship under this act, o.
ne at q July 2sth ls6s and Jzly 2, is7o IN the
azss q Al iEe1vidlAi. may consist II his oEn
.eadsyif the-eo. and IN case Of An AssociA;iu1 "
ysr-ols EnInoorp0rAted q the ErndsEli q their
; zihorizsd kzelt. iszkde On his Osn k1Cssedse or
ur.gn Ilf1rIa.fioE and belief. and II case q
Organized under TIE laws of tie
United sta.es 0. q Any STATE or Territory Of the
United States By the Eling q . certified coy o.
their charter CT certificate q inoorporztion; AID
nothing herein contained shall b eorstruet 70
prsysni the Alienation q the titls conveyed BY
patent for . mining claim 70 any person what
ever.
SIC. 8 That the description q vein or lode
claims. upon surveyed lands, shall designate the
loozti0u o; the claim With reference 70 the Lines
Of the public surveys, bat need not eoEforn
thergEifh: but wbers patent snsu Dc
issued a. Aforesaid for claims upon uns1--
yryed Lands the Surveyor GeEsrzl in sItentins
the s1ryeys, shall diusi the same 70 TIE boln-
dsries Of such patented claims according TO the
plat or description thereof. but % a. IN No case
TO interfere with or change the location OF any
such patented claim
sac . That sections one. two, three. four and
six ot an act entitled An Act granting the rlgh;
u way b ditch and canal oEnsrs over the public
lands and for other purposes, approved July
tEsrIty-sixfh. eighteen huEdret and siIty-siI.
are hereby repealed, but such repeal shall not
acct existing rights. Applications for patents
for mining claims nov fFn1lnE nay o iFt-e-
q
once: but in such cases where adverse nights
are not Affected thereby. patents may issue ID
pursuance Of the Provisions Of this act and al
patents for mining claims heretofore Issued
under the act Of July tweuty-siIth, eighteen
hundred and sfXtysiX shall convey all the rights
and priyileces conferred by this act who're no
adveTse rights sIi-i At the tine Of the passage Of
th!sAet
81. 10. That the act entitled An Act to
amend IN act granting the night Of way 70 ditch
49, ~ rarrF M
other purpoSe-, approved July ninth, eighteen
hundred and ssveuty, shall Be ard remain IN
full force except ss 10 the proceedings 10 obtain
: patent which shall be similar to the proceed
ing prescribed By sections six and seven OF this
act for obtaining patents to vein or lode CLAIMS
but where sAid plAosr-clsiIns shall b upon sur
yeyed lands and conform to legal subdiylslons,
no further survey or plat shall be required, and
all placer mining claims hereafter located shA4-
conform a. near a. 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 conforrned 10 legal sub
division, survey and plat shall Be made IS on
unsurveyFd lands. Provided, That proceeding.
now psnding may Be- prosecuted 70 their final
determination under existing laws but the pro-
visions q this act, when not in conflict with eI-
listing laws, shall apply TO such cases; And pro.
yided also That where by the seggrs gstion OF
mineral land in any legal subdivision quantity
Of agricultural land less than forty seres re-
mains said fractional portion Of agricultural
land may Be- entered By any party quAlihed by
Law. for homestead or pre-emption puVoses
SIC II. That where the same person, Associs-
ton or corporation in possession Of q placer
claim, and also vein or lode included within
the boundaries thereof. application shall BE
made for patent for the plAcer-c.aln, with the
statement that il includes such vein or lode, and
in such case subject to the provisions Of this
act and the act entitled "An act TO amend al act
granting the night 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 tbs
payment Of Eve dollars per acre for such vein OIL
lode claim, and twenty-five feet Of surface OF
each side thereof. The rensinSer Of the placer
claim. OF any placer claim not embracing an!
vein OF lode claim shall be paid for at the rat
q two dollars and fifty cents pr acre, together
with all costs Of proceedings; and where ayein O
lode, such IS described in the second section o
this act, il known TO exist within the bOundArle
Of plscer-claiTn, AL application for patent 70
such placer lain, which does not include an ap
plicatiou for the vein or lode claim, shall b
construed a. 3 conclusive declaration that tn
ella mAut Of the plscer-clAim has no right ( pos
l session Of the vein or lode claim; but where tn
existence Of a vein or lode in placer claim is no
/ known, apatent for the placer Slain shall conve
all valuable mineral and other deposits With
{ tn boundaries thereof.
SIC u That the Surveyor General Of tn
United States may appoint in each land distr1'
containing mineral lands as many competei
surveyors ar shall apply for appointment TO su
yey mining claims. The expenses of the survt
, Of vein or lode claims, and the survey and SUI
diyisiol Of placer claims into smaller quAntiti
than one hundred and sixty acres together wit
the cost Of publication of notices shall be paid
the applicants and they shall be at liberty to oil
tain the same at the most reasonable rates, an
they shall also be at liberty TO employ any Unite
States Deputy Surveyor TO make the survs,
Z The Commissioner Of the General Land OftiC
shall also have power TO establish the maximum
charges for surveys and publication of notice
under this act: and in case of excessive charg'
for publication he may designate any newspap'
published in land district where mines al
situated for the publication Of mining motto,
in such district, and fix the rates to be charge
by such paper; and. to the end that the Commi
si0ner may be fully informed on the subjeC
each applicant shall file with the Register
sworn statement Of all charges and fees paid
said applicant for publication and surveys, I
gether with all fees and money paid the Resist
and Receiver Of the land-Office, which statemel
shall be transmitted, with the papers in Il
case, to the Commissioner of the General Ian
Once. The fees Of the Register and the X
ceiver shall be five dollars each for filing al
acting upon each application for patent or a
verse claim filed, and they shall be allowed Il
/ amount fixed by law for reducing tes
mony to writing, when done in Land Office, sut
!
parties and no other fees shall be charged
, them in such cases. Nothing in this act shall
construed to enlarge or affect the rights Of eth
party in regard to any property in controversy
] the time OF the passage of this act, or of the q
entitled IAN act granting the right of way
! ditch and canal owners over the public lanC
n and for other purposes" approved July 26, 49,
nor shall this act affect any right acquired und
said act; and nothing in this &C. shall be &C
1 strued to repeal, impair, or in any way affect
81. .l.lK
/. to A. Sutro the right Of way and other privilet
a to aid in the construction Of draining and e
d ploring tunnel TO the Comstock Lode, in
II State OF Nevada, approved July 10Th, 1866.
Y SEC. Is. That all affidavits required to
a made under this act, or the act to which it
e. amendatory, may be verified before any off,
N authorized to administer oaths within the Ia
l. district where the claims may be situated, a
|. all testimony and proofs may be taken befC
N any such officer, and, when duly certified by
v officer taking the same shall have the same FOL
v and effect as If taken before the Register a
il Receiver Of the Land Office. In cases Of cont
l. as TO the mineral or agricultural character
= land, the testimony and proofs may be taken
+ herein provided on personal notice of at lie,
o ten days to the opposing party; or If said pal
s cannot be found, then by publication Of at let
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
e the Register shall require proof that such not
I
4 SEC. IL That where two or more veins int
sect or cross each other, priority Of title sh
l. govern, and snch prior location shall be entitl
e to all ore or mineral contained within the sps
G of intersection Provided, however, That
q subsequent location shall have the right Of W
i. through said space OF intersection for the pr
h possesses of the convenient working of the S,
: mine: And provided also, That where two
s more veins unite, the Oldest or prior locati
+. shall take the vein below the point of union
GLIDING all the space of intersection.
r SEC. 10. That where non-mineral land 1
! contiguous to the vein or lode is used or ocC
pied by the proprietor of such vein or lode I
, mining or milling purposes, such non-adjace
surface ground may be embraced and includ
in an application for patent for such vein
lode, and the same may be patented therewit
subject to the same preliminary Requirement
as TO survey and notice as are applicable und
this act to veins or lodes Provided, That ,
location hereafter made of such non-adjace
land shall exceed Ave acres, and payment 4
the same must be made at the same rate a. FIX.
by this act for the superfcies Of the lode. III
owner of a quartz mill or reduction works. n
owning q mine in connection Herewith, mi
also receive a patent for his mill site, as prov
ded in this section.
SEC. 16. That all acts and parts of acts inco
sistent herewith are hereby repealed: Provide,
That nothing contained in this act shall be col
strued to impair, in any way, rights or interes
in mining property acquired under existing law
Approved May 10, 1872.
| CHAP. CCXIv. AN Act to amend an Act entitle
| An Act to promote the Development of tn
Mining Resources United Sfafaa