Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-12

different portions of the claim, each party ma
pay for his portion OF the claim, with the prop
! er fees, and file the certificate and description
by the Surveyor-General, whereupon the registe
shall certify the proceedings and judgment-rol
to the Commissioner Of the Land Office as in tn
preceding case, and patents shall issue to tn
several parties according to their RESPECTIVE
rights. Proof of citizenship under this act, O
the act of July 26th 1866, and July 9, 1870 in tn
case of an individual, may consist in his owl
affidavit thereof. and in case OF an association o
persons unincorporated of the affidavit Of thei
authorized agent made on his own knowledge o.
| upon information and belief and in case Of
| corporation organized under the laws of thu
United States, of any State or Territory Of th'
United States, by the filing of q certified copy 0
their charter certificate of incorporation; ant
nothing herein contained shall be construed Il
prevent the alienation of the title conveyed by
| patent for q mining claim to any person what
ever.
SEC. s. That the description of vein or lode
claims upon surveyed lands, shall designate the
location Of the claim with reference to the linei
! of the public surveys. but need not conform
| herewith; but where patent shall bt
! issued Aforesaid for claims upon unsur
| veyed lands, the Surveyor General In extending
| the surveys, shall adjust the same to the boun
daries 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 one, two, three, four and
OLA. VI an act tHlitltu All Att RrhullHB tnt Tlkn
of way to ditch and canal owners over the public
lands, and for other PURPOSES approved July
twenty-sixth. eighteen hundred and sixty-six
are hereby repealed, but such repeal shall no,
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to final decision in the General Land
Office: but in such cases where adverse right
are not affected thereby, patents may issue in
pursuance of the provisions of this act; and all
patents for mining claims heretofore issued
dap o.at rf Irrlx- a,,lxt-a
hundred and sixty-sx, shall convey all the rights
and privileges conferred by this act where nc
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 fol
other purposes, approved July ninth, eighteen
hundred and seventy, shall be and remain il
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
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 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
unsurveytd 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 ex-
listing laws, shall apply to such cases: And pro-
vided also, That where by the segregation of
mineral land in any legal subdivision o 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.
hat, har thnc
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-claim, with the
statement hat it includes such vein or 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 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, an application for patent for
such placer-clan, which does not include an ap-
construed as a conclusive declaration that the
ella mant of the placer-elaim has no right ( pos
session OF the vein or lode claim; but where the
existence of vein or lode in placer claim il not
known, apatent for the placer claim shall convey
all valuable mineral and other deposits within
TIL boundaries thereof.
SEC. IL That the Surveyor. General of the
United States may appoint in each land distric,
containing mineral lands as many competen,
surveyors as shall apply for appointment to sur
m Hhn Nf
of vein or lode claims, and the survey and sub
division of placer claims into smaller quantities
than one hundred and sixty acres together with
the cost of publication of notices. shall be paid by
theapplicants, and they shall be at liberty to oh.
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 news paper
published in 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 Resister
and Receiver Of the land-office, which statement
II
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 and
acting upon each application for patent or ad.
verse claim filed, and they shall be allowed the
amount fixed by law for reducing testi.
mony to writing, when done in Land Office such
fees and allowances to be paid by the respective
parties; and no other fees shall be charged by
them in such cases. Nothing in this act shall be
construed to enlarge affect the rights of either
N IN auyy IN,
the time of the passage OF this act or of the act
entitled IAN act granting the right of way to
ditch and canal owners over the public lands,
and for other purposes approved July &c, 1856
nor shall this act affect any right acquired under
said act: and nothing in this act shall be con-
strued to repeal, impair. or in any way affect the
provisions of the act entitled "An act granting
to A. sutro the right Of way and other privileges
to aid in the construction Of draining and ex-
ploring tunnel to the Comstock Lode, in the
State of Nevada, approved July 25th, 1865.
SEC. ID. That all affidavits required to be
made under this act, or the act to which it is
amendatory, may be verified before any officer
authorized to administer oaths within the land
district where the claims may be situated, and
all testimony and proofs may be taken before
any such officer, and, when duly certified by the
officer taking the same shall have the same force
and effect as If taken before the Register and
Receiver OF the Land Office. In cases of contest
az to the mineral or agricultural character OF
aNAot WV ''Seiuiohs anu pipOls may De taken a.
herein provided, on personal notice of at least
ten days to the opposing party; or if said party
cannot be found, then by publication of at leas,
once week for thirty days in newspaper. to be
designated by the Register of the Land Once as
published nearest the location Of such land; and
the Register shall require proof that such notice
has been given.
SEC. IA. That where two or more veins inter
sect or cross each other, priority Of title shall
govern, and such prior location shall be entitled
to all ore or mineral contained within the spacs
of intersection: Provided, however That the
subsequent location shall have the right of way
through said space of intersection for the pur.
possesses of the convenient working OF the said
mine; And provided also, That where two o,
more veins unite. the Oldest or prior location
shall take the vein below the point of union. in.
Guiding all the space ofintersection
SEC. Is. That where mineral land moi
contiguous to the vein or lode is used or occu
pied by the proprietor of such vein or lode 10,
mining or milling purposes, such nom acenl
surface ground may be embraced and Included
in an application for patent for such vein q,
lode, and the same may be patented there with
subject to the same preliminary requirement,
as to survey and notice as are applicable upde,
this act to veins or lodes: Provided. That mr.
location hereafter made of such pon-adiacen,
land shall exceed i've acres, and PAYMENT 10,
the same must be made at the same rate Al f,red
by this act for the superfcies of the lode. Ths
owner of . quartz mill or reduction works. no,
owning mine in connection. Herewith. ma,
also receive patent for his mill-site as provi