Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-15

by the Surveyor-5enerAl, whereupon the register
shall certify the proceedings and tudgment-ron
10 the Commissioner Of the Land Once. IS 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 ls66, and July O. 1870 in the
case Of an individual, may consist in his own
affidavit thereof and in case of an association Of
persons unincorporated Of the afidavit Of their
authorized agent. made on his own knowledge or
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 . certified copy Of
their charter certificate Of Incorporation; and /
nothing herein contained shall be construed to 1
prevent the alienation Of the title conveyed by
patent for mining claim to any person what |
ever.
SIC 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; hut where q patent shall be |
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 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 to ditch and canal owners over the public
lands, and for other purposes. approved July
twenty-siNth. eighteen hundred and sinty-six,
affect existing rights. Applications for patents
for mining claims now pending may he prose
euted TO 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 the act of July twenty-siNth, eighteen
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.
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 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
| yeyed lands, and conform to legal SUBDIVISIONS,
/ no further survey or plat shall be required, and
/ all placer mining 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. but where
| placer-c aims 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 en-
| isting laws, shall apply to such cases: And pro-
vided also. That where by the segregation OF
4 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 presumption purposes.
SEC. IL. That where the same person, associs-
ton or corporation in possession Of placer
claim and also a vein or lode included within
| the boundaries thereof, application shall be
made for patent for the plscer-caim with the
statement hat IT includes such vein orlode, and
/ in such case tsubject 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 avein or
lode, such described in the second section OF
this act, is known TO exist within the boundaries
of plAcer-claln, an Application Tor patent Tor
such placer-claim, 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-claim has no right o pos
session OF the vein or lode claim; but where the
existence Of vein lode in placer claim is no,
known, apatent for the placer-claim shall convey
all valuable mineral and other deposits within
tn. boundaries thereof.
!. SEC. IL That the Surveyor General of the
United States may appoint in each land distric
} containing mineral lands as many competen
0 surveyors as shall apply for appointment to sur
e yey mining claims. The expenses of the surve
: of vein or lode claims, and the survey and sui
{ diyisiOl of placer claims INTO smaller quantitie
e than one hundred and sixty acres, together witt
the cost of publication of notices shall be paid 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 Cnite
States Deputy Surveyor to make the survey
e The Commissioner of the General Land Oihc
shall also have power to establish the maximum
: charges for surveys and publication of notice
| under this act; and, in of excessive charge
$ for publication, he may designate any newspape
! published in a land district where mines ar
e situated, for the publication of mining notice
I in such district, and fix the rates to be charge
/ by such paper; and, to the end that the Commi,
s sioner may be fully informed the subjec
G each applicant shall file with the Register
o sworn statement of all charges and fees paid b
@ said applicant for publication and surveys Il
n gether with all fees and money paid the Resist,
/. and Receiver Of the land-ofice, which stateme1
|, shall be transmitted, with the papers in Il
5. case. to the Commissioner of the General Lam
>. Office The fees of the Register and the II
,e ceiver shall be five dollars each for filing ar
If acting upon each application for patent or a
is verse claim fled and they shall be allowed Il
t amount fixed by law for reducing test
NJ mony to writing when done in Land Office, sue
N fees and allowances to be paid by the respecti'
r. parties; and no other fees shall be charged
N them in such cases. Nothing in this act shall
A. construed to enlarge affect the rights Of eth
nj party in regard to any property in controversy
in the time of the passage of this act, or of the d
Id entitled AN act granting the right of way
to ditch and canal owners over the public lane
m and for other purposes" approved July 20, l8t
no nor shall this act affect any right acquired und
said act; and nothing in this act shall be co
ed strued to repeal impair, or in any way affect
b. provisions of the act entitled IAN act grant,
n to A. Sutro the right of way and other privilee
, n to aid in the construction Of q draining and c
ed ploring tunnel to the Comstock Lode, in I
or State OF Nevada, approved July 25th 1866.
nv SEC. 10. That all afidavits required to
r a made under this act, or the act to which it
re, amendatory, may be verified before any Off,
inn authorized to administer oaths within the la
d. district where the claims may be situated, a
al, all testimony and proofs may be taken beft
i'm any such officer and, when duly certified by
by officer taking the same shall have the same TO
nv and effect il taken before the Register q
eli Receiver of the Land Office In cases Of cont
n as to the mineral agricultural character
re- land, the testimony and proofs may be taken
at- herein provided, on personal notice OF ut lie
yo ten days to the opposing party; or II said pa
ms cannot be found, then by publication of at lie
in once n week for thirty days in newspaper, to
ed designated by the Register of the Land Office
W. published nearest the location Of such land
he the Register shall require proof that such not
no. has been given.
,at SEC IA That where two or more veins in,
cd sect or cross each other priority of title st
10. govern, and such prior location shall be EMIT
he to all ore mineral contained within the sp
he of intersection Provided, however, That
ING subsequent location shall have the right Of '
tn. through said space Of intersection for the p
itb possesses of the convenient working Of the 8
ties mine: And provided also, That where two
ars more veins unite. the Oldest or prior locat
We. shall take the vein below the point Of union,
an. GLIDING all the space of intersection.
Ter SEC. Is. That where non-mineral land
cts contiguous to the vein or lode is used or oc
he pied by the proprietor of such vein or lode
be mining or milling purposes, such non-adjac
of surface ground may be embraced and inclu
all in an application for patent for such weir
no. lode, and the same may be patented therew
on subject to the same preliminary requirene
II as to survey and notice as are applicable IN
he this act to veins or lodes: Provided That
ice location hereafter made Of such non-adjac
ion land shall exceed FIVE acres, and payment
led the same must be made at the same rate as a
Of by this act for the superfcies OF the lode.
rise owner of Q quartz mill or reduction works,
ON owning a mine in connection Herewith, 1
be also receive a patent for his mill site, as pr
las ded in this section.
SEC. 16. That all acts and parts OF acts inc
be sistent herewith are hereby repealed: Provit