Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-06


several parties according to their respectiy
rights. Proof of citizenship under this act, @
the act OF July 2dth 1866. and July 9, 1870 in til
case OF an individual, may consist in his ow
aihdavit thereof. and in ease of association @
persons unincorpora'ed 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 tn
United States, on a any State or Territory of tn
United States, by the hling OF certified copy o
their charter or certificate of incorporation; an
nothing herein contained shall be construed {
prevent the alienation of the title conveyed by
patent for mining claim to any person what
ever.
SEC S. That the description Of vein or lod
claims, upon surveyed lands, shall designate tn
location of the claim with reference to the line
of the public surveys, but need not conform
Herewith; hut where patent shall b.
issued as aforesaid for claims upon unsur
veyed lands, the Surveyor General in extendin,
the surveys, shall adjust the same to the boun
dares of such patented claims, according TO tn,
plat or description thereof, but so as in no cas-
to interfere with or change the location OF an,
4 such patented claim.
Z SIC. .. That sections one, two, three. four ant
six. ef an act entitled An Act granting the RICH
of way to ditch and canal owners over the publ,
lands, and for other purposes, approved Jul,
/ twenty-siAth. 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are hereby repealed, but such repeal shall no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
| euted to q final decision in the General Land
Office; but in such cases where adverse right
are not affected thereby, patents may issue ii
/ pursuance of the provisions of this act; and al
! patents for mining claims heretofore issued
I under the act of July twenty-sixth, eighteen
hundred and sixty-sN, shall convey all the right,
and privileges conferred by this act where ne
adverse rights exist at the time of the passage Of
/ this act
! SEC. 10. That the act entitled AN Act tc
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, ana conform to legal subdivisions
no further survey or plat shall be required, and
all placer mining claims hereafter located shall
conform as hear 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
placer-claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveyfd 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 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 pre-emption purposes
SEC. IL. That where the same person, associa-
ton or corporation in possession of a 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 that 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 a placer-claim, an application for patent for
such placer-clalm, which does not include an ap.
plication for the vein or lode claim, shall be
construed as a conclusive declaration that the
ella mant of the placer-clam has no right o I pos
session Of the vein or lode claim; but where the
existence of vein or lode in placer.claim is not
known, patent for the plgcer-c claim shall convey
all valuable mineral and other deposits within
tn boundaries thereof.
SEC. II That the Surveyor General of the
United States may appoint in each land district
containing mineral lands as 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
divisio Of placer claims INTO smaller quantities
than one hundred and sixty acres, together with
the cost publication of notices shall be paid by
theapplicants, 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 Tx the rates to be charged
by such paper; and, to th5 end that the Commits
sionor may be fully informed on the subject
each applicant shall file with the Register
sworn statement of all charges and fees paid by
said applicant for publication and surveys to-
eether with all fees and money paid the Resister
and Receiver of the land office, which statement
shall be transmitted, with the papers in the
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
party in regard to any property in controversy at
the time OF the passage of this act, or of the act
entitled AN act granting the right of way to
ditch and canal owners over the public lands
and for other purposes" approved July &c, 1866
nor shall this act affect any right acquired under
nothing hall h.,
strued to repeal, impair, or in any way affect the
provisions of the act entitled IAN 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, 1866
SEC. 49, That all affdavits 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
as to the mineral or agricultural character of
land. the testimony and proofs may be taken as
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 least
once week for thirty days in newspaper, to be
DESIGNATED by the Register of the Land Office 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 ether, priority of title shall
govern. and such prior location shall be entitled
to all ore or mineral contained within the SPACE
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 or
more veins unite, the Oldest or prior location
shall take the vein below the point of union. in
Guiding all the space of intersection.
SEC. Is. That where non-mineral land not
contiguous to the vein or lode is used or occr.
pied by the proprietor of such vein or lode for
mining or milling purposes, such non- ad jacent
surface ground may be embraced and Included
in an application for patent for such vein or
lode, and the same may be patented Herewith,
subject to the same preliminary requirements
as to survey and notice as are applicable under
this act to veins or lodes. Provided That no
location hereafter made Of such mona diacent
land shall exceed five acres, and payment for
the same must be made 1t the same rate as fixed
by this act for the superfcies Of the lode. The
owner of quartz mill or reduction works, not
owning mine in connection Herewith, NAV
also receive patent for his mill site, as proyi
ded in this section.
SEC. l6. That all acts and parts Of acts incon.
sistent herewith are hereby repealed: Provided
That nothing contained in this act shall be con-
strued to impair In any Way riphta nv ipferocts