Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-20

by the Suryeyor-General, whereupon the register \
shall certify the proceedings and judgmeut-ron l
to the Commissioner ofthe Land Office, 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 26th 1896 and July g. 1870, in the
case Of an individual, may consist in his ewn l
affidavit thereof and in OF an association OF
persons uuincorporated OF the affdsyit Of their |
authorized agent, made on his own knowledge or |
upon information and belief, and in case 0. \
corporation organized under the Laws Of the !
United States or Of any State or Territory Of the
United stsies by the filing Of a 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 a mining claim to any person what
ever.
SEC. G. 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 g patent shall be
issued as aforesaid for claims upon unstr-
veyed lands, the surveyor General in extending
the surveys shall adjust the same to the boun-
daries of such patented clsims, according to the
plat or description thereof, but so ss in no case
to 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 oyerthe public
lands, and for other purposes, approved July
! twenty-sixth. eighteen hundred and sixty-six,
Z
/ affect existing rights. Applications for patents
l for mining claims now pending may be prose
/ cuted TO o final 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 tine act of July twenty-siIth, eighteen
hundred and sixtysiX, shall convey all the rights
Z and privileges conferred by this act where no
adverse rights exist ct the time Of the passage of
this act.
sec TO- 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 TINS
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 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
plscer-cluims cannot be conformed to legal sub
division, survey and plat shall be made as on
uusuryeyf d 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 CONNECT with ex-
/ listing laws shall apply to such cases: And pro.
viied 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
law, fer homestead or presumption purposes
, SEC IL. That where the same person, associa
! ton or corporation in possession OF placer
claim, and also q vein or lode included within
: the boundaries thereof, application shall b.
I made for patent for the placerclaim, with thu
statement hat it includes such vein or lode, anC
\ in such case Subject to the provisions of THU
\ act and the act entitled AN act to amend an &C
q granting the right of way 10 ditch and cana
p owners over the public lands, and for other pur
/ poses; approved July NINTH eighteen hundret
and seventy patent shall issue for the placer
o | claim, including such vein or lode, upon tn
. payment of five dollars per acre for such vein o
1 lode claim, and twenty-five feet of surface o.
q each side thereof. The remainder Of the placer
h claim. or any placer claim not embracing an
;, vein or lode claim shall be paid for at the rat
:, Of two dollsrs and fifty cents per acre togethe
4 with all costs of proceedings; and where avein
n lode, such as described in the second section c
4. this act is known to exist within the boundarie
u Oft placcr-claim, al application for patent &c
A such placcr-claim which does not include an AZ
~ plicatiOn for the vein or lode claim, shall b
~ construed as a conclusive declaration that tn
\. ella mant Of the pacer-claim has no right of POI
n session Of the vein or lode claim; but where tn
existence Of = vein or lode in placer claim is NJ
s. known patent for the placer-claim shall conve
n, all valuable mineral and other deposits With
n tn boundaries thereof.
ne SEC. Il That the Survcyor-General of III
n United States may appoint in each land distri
10 containing mineral lands as many competel
ia surveyors as shall apply for appointment to su
he vcy mining claims. The expenses of the surv'
lis of vein or lode claims and the survey and su
of division Of placer claims INTO smaller qusntiti
lao than one hundred and sixty acres, together wi
m the cost of publication of notices shall be paid
or thcappicaIt. and they shall be at liberty to o
sol tain the same ut the most reasonable rates al
al hort tna init
~ States Deputy Surveyor to make the surve
yc The Commissioner of the General Land Off
ed shall also have power to establish the maximu
m. charges for surveys and publication of motto
all under this act; and, in case OF excessive charg
ia for publication, he may designate any newspap
iii published in u land district where mines a
dc situated, for the publication of mining motto
.ot in such district, and fix the rates to be charg
ali by such paper and, to the end that the Comm
ms sioner may be fully informed on the suhje
he each applicant shall file with the Register
10 sworn statement Of all charges and fees paid
No said applicant for publication and surveys,
on gether with all fees and money paid the Rests,
On. and Receiver of the land.ofi which stateme
ii shall be transmitted, with the papers in t
~ case, to the Commissioner of the General Lar
re-, Office. The fees OF the Register and the
lrc ceiycr shall be FIVE dollars each for filing a
Of acting upon each application for patent or
his Verse claim filed, and they shall be allowed
rt amount fixed by law for reducing ties
or mOny to writing. when done in Land Office, SUI
n,I
er, parties; and no other fees shall be charged
ion them in such cases Nothing in this act shall
m construed to enlarge or affect the rights of eitl
AT party in regard to any property in controversy
in the time OF the passage OF this act, or Of the
aid entitled IAN act granting the, right Of way
to ditch and canal owners over the public Ian
i'm and for other purposes" approved July &c, Is
no shall this act affect any right acquired
said act and nothing in this act shall be CO
rcd strued to repeal, impair, or in any way affect
an provisions of the act entitled IAN act grant
on to A. sutro the right of way and other privilei
n a to aid in the construction Of draining and
red ploring tunnel to the Comstock Lode, in
nv State of Nevada" approved July 25th, 1866
,ay SEC. 49, That all afidavits required to
n made under this act or the act to which it
CO amendatory, may be verified before any Off
Inn authorized to administer oaths within the Ia
hi district where the claims may be situated, a
al all testimony and proofs may be taken Def,
i'm any such officer, and when duly certified by
NV officer taking the same. shall have the same TO
nv and effect as If taken before the Register a
Irb Receiver of the Land Office. In cases of cont
en-. as to the mineral or agricultural character
re. land, the testimony and proofs may be taken
at. herein provided, on personal notice of at lie
wo ten days to the opposing party; or if said pa
DC cannot be found then by publication of ut lie
in once Il week for thirty days in newspaper to
led designated by the Register of the Land Office
Nc, published nearest the location of such land
he the Register shall require proof that such not
10 has been given.
~, SEC. IA. That where two or more veins int
od sect or cross each ether. priority of title sh
TO-, govern and such prior location shall be EMIT
lie to all ore or mineral contained within the sp
he of intersection: Provided, however, That
no subsequent location shall have the right of v
th5 through said space of intersection for the p
in possesses of the convenient working of the 81
tns mine: And provided also, That where two
,rs more veins unite, the Oldest or prior locati
va. shall take the vein below the point of union,
M. Guiding all the space of intersection.
nov SEC. Is. That where non-mineral land
cts contiguous to the vein or lode is used or oc,
,be pied by the proprietor of such vein or lode
he mining or milling purposes such non-adjac,
nf surface ground may be embraced and includ
ali in an application for patent for such vein
no. lode, and the same may be patented therewi
on subject to the same preliminary recurrence
II as to survey and notice as are applicable unt
no this act to veins or lodes: Provided, That
Ice location hereafter made of such non-adjac,
on land shall exceed five acres, and payment
od the same must be made at the same rate as Fl,
81 by this act for the superficies of the lode.
rse owner Of q quartz mill or reduction works, I
nm owning q mine in connection Herewith IL
he also receive patent for his mill sie as pro
,os ded in this section.
Gre rIa4, all .,A-, -. II 4.