Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-16

Il shall appear from the decision OF the court,
hat several parties are entitled TO separate and
different portions Of the claim, each party may
psy for his portion OF the claim, with the prop
n fees. and file the certificate and description
by the suryeyor-Generl, whereupon the register
shall certify the proceedings and iudgment-rol
10 the Commissioner ofthe Land once, rs IN the
preceding case, and patents shall issue TO the
several parties according to their respective
rights Proof of citizenship under this act, or
the act of July 26th lsd6, and July 3, $780, in the
case OF an individual, may consist in his own
affidavit thereof and in case OF an association OF
persons unincorpOrated Of the affidavit OF their /
authorized agent, made on his own knowledge or l
upon Information and belief, and in case of |
corporation organized under the laws OF the |
United States or Of any State or Territory of the
United States, by the filing of q certified copy OF
their charter OF certificate of incorporation: and
nothing herein contained shall be construed to |
prevent the alienation Of the title conveyed by
patent for mining claim to any person what
ever.
SEE g. That the description Of vein or lode
claims upen 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 patent shall De
issued as aforesaid for claims upon unsur-
yeyed 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.
SIC. 9. That sections one, two, three, four and
six of an act entitled An Act granting the right
Of way ~ ditch and canal owners over; the public
lands and for other purposes, approved July
twenty sixth. eighteen hundred and sixty-si1,
are hereby repealed, but such repeal shall not
affect existing rights. Applications Tor 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 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, eighteen
hundred and sixty-sX shall convey all the rights
end privileges conferred by this act where no
adverse rights ,xst at the time OF the passage OF
| this act.
amend an act granting the right OF way TO often
| 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 this
act for obtaining patents TO vein or lode claims;
| but where said placer-claims shall be upon sur
| veyed lands. and conform 10 legal SUBDIVISIONS,
no further survey or plat shall be required, ana
| all placer miuing claims hereafter located shall
| conform as 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, put Where
| placer-claims cannot be conformed to legal sub
| division, survey and plat shall be made as on
unsurveyed lands Provided, That proceedings
now pending may be prosecuted to their maj
| determination under existing laws but the pro-
visions of this act, when not in conflict with ex-
| listing laws, shall apply to such cases; Ana pro-
vided also, That where by the segregation oil
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 qualihed by
/ law, for homestead or presumption purposes.
| SEC. IL. 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 be
made for patent for the placer-claim with the
statement hat it includes such vein orlode, 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 iive 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 avein or
| lode, such as described in the second section OF
| this act, is known to exist within the boundaries
of q placer-claim, an application for patent for
| such placer-claim, which does not include an Rp.
plication for the vein or lode claim, shall he
| construed as a conclusive declaration that the
| ella mant of the placer-claim has no right of pos
session Of the vein or lode claim; but where the
existence OF vein or lode in placerclaim is not
known, patent for the placer claim shall convey
all valuable mineral and other deposits within
TIL boundaries thereof.
SEC. 10 That the Surveyor. General OF th'
United States may appoint in each land distric
, | containing mineral lands as many competen
surveyors as shall apply for appointment to sur
, vey mining claims. The expenses of the surve
; OF vein or lode claims, and the survey and sub
division of placer claims into smaller quantitie
than one hundred and sixty acres, together witt
the cost OF publication of notices shall bepad b.
the applicants, and they shall be at liberty oh
tain the same at the most reasonable rates. ant
they shall also be at liberty to employ any Unite
States Deputy Surveyor to make the survey
, | The Commissioner of the General Land-Ofic
shall also have power to establish the maximum
charges for surveys and publication of notice
under this act; aud, in case of excessive charge
! for publication, he may designate any newspape
published in land district where mines ar
a situated, for the publication of mining notice
in such district, and fix the rates to be charge
by such paper; and, to the end that the Commii
: soner may be fully Informed on the subjec
E each applicant shall file with the Register
. sworn statement Of all charges and fees paid b
q said applicant for publication and surveys, I,
n gether with all fees and money paid the Resist,
J. and Receiver of the land-ofiice which statemer
. | shall be transmitted, with the papers in Il
, |
!. | Office The fees of the Register and the II
q ceiver shall be five dollars eaeh for filing al
4 | acting upon each application for patent or u
8 verse claim filed and they shall be allowed Il
/. amount fixed by law for reducing test
n mony to writing, when done in Land Office, SUI
n fees and allowances to be paid by the respecti'
+. parties; and no other fees shall be charged |
n them in such cases. Nothing in this act shall
construed to enlarge or affect the rights of eth
II party in regard to any property in controversy
| sla off 10 m act N ha a
d entitled IAN act granting the right of way
10 ditch and canal owners over the public land
m and for other purposes, approved July 26, lst
10 nor shall this act affect any right acquired und
said act; and nothing in this act shall be co
d strued to repeal, impair, in any way affect
H. provisions of the act entitled 'An act granti
n to A. Sutro the right of way and other privileg
to aid in the construction of a draining and e
ed ploring tunnel to the Comstock Lode, in t
or State OF Nevada" approved July 25th, 1896.
NV SEC. 10. That all afidavits required to
; a made under this act, or the act to which II
w. amendatory, may be verified before any Off,
m authorized to administer oaths within tho la
ii. district where the claims may be situated, a
n. all testimony and proofs may be taken beft
m any such officer, and, when duly certified by
1y officer taking the same, shall have the same To-
Nv and effect AZ If taken before the Register q
X Receiver of the Land Office. In cases of cont
u. as TO the mineral or agricultural character
e. land, the testimony and proofs may be taken
It. herein provided, on personal notice of at lie
70 ten days to the opposing party; or If said pa
as cannot be found, then by publication of at lie
in once week for thirty days in newspaper, to
ed designated by the Register of the Land Office
W. published nearest the location Of such land; q
he the Register shall require proof that such not
10. has been given.
AT SEC. Il. That where two or more veins int
cd sect or cross each other, priority of title sf
TO- govern, and such prior location shall be EMIT
he to all ore or mineral contained within the sp
he of intersection: Provided, however, That
np subsequent location shall have the right of '
III. through said space Of intersection for the p
tn | possesses of the convenient working OF the S
,es mine: And provided also, That where two
ira more veins unite, the Oldest or prior locat
Va. | shall take the vein below the point Of union,
IN. Guiding all the space of intersection.
er SEC. Is. That where non-minersl land
IT'S contiguous to the vein or lode is used or oc
he pied by the proprietor of such vein or lode
he | mining or milling purposes, such non-adjac
of surface ground may be embraced and inclu
all in an application for patent for such veiI
no. lode, and the same may be patented therewi
ON subject to the same preliminary requirenle
II ss to survey and notice ~ are applicable un
ne this act to veins or lodes: Provided, That
lee location hereafter made Of such non-adjac
an land shall exceed Ave acres, and payment
led the same must be made at the same rate as q
of. by this act for the superfcies of the lode.
rse owner of o quartz mill or reduction works,
am owning q mine in connection Herewith, I
he also receive patent for his mill-site, as pr
,as ded in this section. D..
SEC. l6. That all acts and parts Of acts inc