Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-05

receding case, and patents Snail Issue 10 the
syersl parties according to their respective
ghts Proof OF citizenship under this act or
Ne act of July 26;h lse6. and July 9. 1870, in the
ase Of an individual, may consist in his own
fidsvit thereof, and in case of an association OF
ersons unincorporated of the affidavit OF their
uthorized agent, made on his own knowledge or
pom information and belief, and in case of u
orporati1n organized under the laws OF the
nited States or of any State or Territory OF the
Initcd States, by the filing OF certified copy OF
heir charter or certificate of incorporation; and
othing herein contained shall be construed to
reyent the alienation Of the title conveyed by "a
,stent for q mining claim to any person what
yer
SIC. S. That the description Of vein or lode
laims upon surveyed lands, shall designate the
ocation OF the claim with reference to the lines
II the public surveys, but need not conform
herewith; but where patent shall De
ssued as aforesaid for claims upon unsur-
seyed lands the Surveyor General in extending
he surveys, shall adj ust the same to the boun-
iaries 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.
SEc 8. That sections enc, two, three, four and |
six, of an act entitled An Act granting the right
of way to ditch and canal owners oyerthe public |
lands, and for other purposes, approved July !
twenty-sixth. eighteen hundred and sixty-six. |
are hereby repealed, but such repeal shall not !
affect existing rights. Applications for patents
for mining claims now pending may be prose
Cufed TO u llIal uttlHlun lIt
Office; but in such cases where adverse rights
are not affected thereby, patents may issue IN
pursuance Of the provisions Of this act; and al
patents for mining claims heretofore Issued
under the act of July twenty-sixth, elehteeh
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.
SIC, TO- That the act entitled An Act 10
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 10 OBTAIN
q 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
yeyed lands, and conform to legal subdivisions,
no further survey OF plat shall be required ana
all placer mining claims hereafter located shall
conform as near as practicable Win the ln!teu
States system Of public land surveys and the
rectangular subdivisions of such surveys, ana
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 a. On
unsuryeyEd lands Provided, That proceedings
now pending may be prosecuted 10 their nhai
determination under existing laws; but the pro-
visions of this act, when not in conflict with ef-
listing laws, shall apply to such cases: And pro-
yided also. That where by the segregation OF
mineral land in any legal subdivision quantity
/ u
| mains said fractional portion of agricultural
| land may be entered by any party qualified by
law, for homestead or prescription purposes.
SEC. II. That where the same person, associa-
! ton or corporation in possession OF placer
| claim and also vein or lode included within
| the boundaries thereof, application shall De
! made for patent for the placer-claim, with the
state ment that it includes such vein 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 OIL
lode claim, and twenty-five feet Of surface OF
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 rate
Of two dollars and fifty cents per acre, together
with all costs Of proceedings; and where a vein o.
lode, such as described in the second section O
this act is known to exist within the boundarie
of placer-claim, an application for patent TO
such placer. 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-cl lain has no right pos
session Of the vein or lode claim; but where tn
existence of vein or lode in placer-claim is no
| known, Il patent for the placer-claim shall conve
all valuable mineral and other deposits within
, the boundaries thereof.
a SEC. L. That the Surveyor-General OF tn
n containing mineral lands as many competei
o surveyors shall apply for appointment to su
@ vey mining claims. The expenses of the surve
S Of vein or lode claims, and the survey and sn
# division of placer claims into smaller quantiti'
q 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 an
v they shall also be at liberty employ any Unite
!; States Deputy Surveyor to make the surve
. The Commissioner of the General Land Off
d shall also have power to establish the 1na1imu
/. charges for surveys and publication of motto
IL under this act; and i'll Ease of excessive cLarg
Ia for publication, he may designate any newspap
II published in land district where mines Il
c situated, for the publication of mining motto
II in such district, and fix the rates to be charg
II by such paper and, to the end that the Comm
rs sioner may be fully Informed on the subje
NJ each applicant shall file with the Register
to sworn statement Of all charges and fees paid
10 said applicant for publication and surveys,
N gether with oil fees and money paid the Resis
n. and Receiver Of the land office, which stateme
d. shall be transmitted, with the papers in
=, case, to the Commissioner of the General LaI
e. Office. The fees of the Register and the
re ceiver shall be five dollars each for filing a
of acting upon each application for patent or
lis verse claim filed, and they shall be allowed
It amount fixed by law for reducing tel
or mony to writing, when done in Land Office, ST
on fees and allowances to be paid by the respect
AZ parties: and no other fees shall be charged
on them in such cases. Nothing in this act shall
M construed to enlarge or affect the rights OF cit
at party in regard to any property in controversy
in the time OF the passage of this act, or OF the
i'd entitled AN act granting the right of way
ia ditch and canal owners over the public Ian
I'm and for other PURPOSES" approved July 26, II
no nor shall this act affect any right acquired un
said act and nothing in this act shall be c
,ed strued to repeal, impair, or in any way affect
Nh provisions of the act entitled IAN act grant
on. to A. sutro the right of way and other privle
e a to aid in the construction Of draining and
ted ploring tunnel to the Comstock Lode, in
or State OF Nevada" approved July 25th, 1866.
INV SEC IL. That all afiidavits required to
" made under this act or the act to which il
zee amendatory, may be verified before any of
i'm authorized to administer oaths within the
di district where the claims may be situated,
raj. all testimony and proofs may be taken be
i'm any such officer, and, when duly certified by
by officer taking the same, shall have the same 4
,py and effect as If taken before the Register
,rh Receiver OF the Land Office. In cases of cor
en- as to the mineral or agricultural characte
re- land, the testimony and proofs may be take
mt herein provided, on personal notice of at
wo ten days to the opposing party or II said p
as cannot be found, then by publication of ut
, in once u week for thirty days in newspaper, t
led designated by the Register Of the Land OfhC
NV published nearest the location Of such land (;
the the Register shall require proof that such nj
no. has been given.
hat SEC. IA. That where two or more veins il
1od sect or cross each other, priority of title {
sic. govern, and such prior location shall be ent
he to all ore or mineral contained Withn lne
the of intersection: Provided, however, That
ling subsequent location shali nave the flGht OF
it'll through SAID space OF ihtersectoh TOT the
nth possesses of the convenient working Of the
ates mine: And provided also, That where tw
lars more veins unite, the Oldest or prior loo,
we shall take the vein below the point of unior
-an | Guiding all the space of intersection.
her SEC. Is. That where non-mineral land
acts contiguous to the vein or lode is used or
the pied by the proprietor of such vein or lod
, he mining or milling purposes, such non-adJa
4 Of surface ground may be embraced and incl
lall in an application for patent for such We
no. lode, and the same may be patented therey
on subject 10 inc same preliminary Iequireh
II as to survey and notice as are applicable u
tha | this act to veins or lodes: Provided, Tn,
face location hereafter made of such non-adjl
finn land shall exceed five acres, and paymen
ticd the same must be made at the same rate
: of- by this act for the superfcies of the lode.
erse owner of q quartz mill or reduction works
rom owning q mine in connection Herewith,
/ no also receive . patent for his mill site, Us
has ded in this section.
SEC. 16. That all acts and parts Of acts il
he sistent herewith are hereby repealed: Prov
i he That nothing contained in this act shall be
the strued to impair, in any way, rights or int
les. in mining property acquired under existing
pro, Approved May 10, 1872.
and
hall CHAP CCXIv.-An Act to amend an Act emf
,een An Act to promote the Development o,
ris Mining Resources United States.