Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-13

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r fees. and file the certificate and description
Y The surveyor-General, whereupon the register
hall certify the proceedings and judgment-roll
) the Commissioner oft Land Once, as in the
receding case, and patents shall issue to the
eyerul parties according to their respective
ights Proof of citizenship under this act, or
he act of July 26th 1856, and July 2, 1870 in the
ase Of an individual, may consist in his OVID
fidavit thereof, and in case OF an association OF
PERSONS unincorporated Of the afhdsvlt OF Their
agent, made on his own knowledge or
lpon 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
heir charter or certiheate OF incorporation ana
nothing herein contained shall be construed 10 u
prevent the alienation of the title conveyed by 1
patent for mining claim to any person what I
ever.
SEC. &. 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 patent snail De
issued as aforesaid for claims upon unsur-
veyed lands, the Surveyor General in extending
the surveys, shall adjust the same to the boun-
DIARIES 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 o. 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 slXty-sla,
are hereby repealed, but such repeal snail NOT
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to tinal decision in the General Land
Once: but in such cases where adverse rights
are not affected thereby, patents may issue in
pursuance of the provisions of this act; ana all
patents for mining claims heretofore issued
under the act of July twenty-sixth, 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 oi
this act.
SIC. 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, ana Tor
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain IN
full force except as to the proceedings to obtain
a patent which shall be similar to the proceed
ings prescribed by sections six and seven OF inns
act for obtaining patents 10 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 shhli
conform as near as practicable with the lhted
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-ciaims cannot be conformed TO legal sub
division, survey and plat shall be made a. on
unsurveyrd lands: Provided That proceedings
determination under existing laws; but the pro-
visions Of this act, when not in conflict with eS'
listing laws, shall apply to such cases: And pro,
yided also, That where by the segregation OIL
mineral land in any legal subdivision quAhu's
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 II. That where the same person, associa-
ton or corporation in possession OF placer
If. ain and liE N-gir or lode ltl1e0
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 tsubieCt to the provisions of this
act and 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 pur.
poses; approved July ninth, eighteen hundred
and seventy patent shall issue for the placer
claim, including such vein or lode, upon th'
payment Of i've dollars per acre for such vein OIL
lode claim, and twenty-five feet of surface oil
each side thereof. The remainder of the placer
claim. or any placer claim not embracing an,
vein or lode claim, shall be paid for at the rat
of two dollars and fifty cents per acre, together
with all costs OF proceedings; and where vein o.
lode such as described i'll the second section o
this act. Is known to exist within the boundarle
| Of Il placcr-claim, an application for patent 10
such placer lain, which does not include an ap
| plication for the vein or lode claim, shall L,
construed as conclusive declaration that tn
| claimant of the placer-ciaim has no right ( pos
! session Of the vein or lode claim; but where tn
existence Of vein or lode in placer-claim is no
| known, apatent for the plscer-clsim shall conve
| all valuable mineral and other deposits With
ths boundaries thereof.
SEC. IL That the Surveyor-Geueral Of tn
United States may appoint in each land distrit
containing mineral lands as many competei
surveyors as shall apply for appointment to su
| ycy mining claims. The expenses OF the survt
| of vein OF lode claims. and the survey and SUI
| division Of placer claims into smaller quantiti
than one hundred and sixty acres, together wit
the cost of publication of notices, shall be paid
theGpplicants, and they shall be at liberty to o.
tain the same at the most reasonable rates, al
they shall also be at liberty to employ any Unite
States Deputy Surveyor 10 make the surve
The Commissioner of the General Land-Om,
shall also have power to establish the maximu
charges for surveys and publication Of motto
under this act; and in case Of excessive charg
. for publication, he may designate any newspap
published in land district where mines Il
, situated, for the publication of mining motto
in such district and fix the rates to be charg
i by such paper; and, to the end that the Comm
| sioner may be fully Informed on the subie
4 each applicant shall file with the Register
D sworn statement of all charges and fees paid
q | said applicant for publication and surveys,
n | gether with all fees and money paid the Resis
. | and Receiver of the land-ofhce which statemt
| shall be transmitted, with the papers in
!. case, to the Commissioner of the General Ial
= Office. The fees of the Register and the
a |
4 acting upon each application for patent or
a verse claim filed, and they shall be allowed
/ amount fixed by law for reducing te
" mony to writing when done in Land Office 81
n fees and allowances to be paid by the respect
r | 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 cit
Al party in regard to any property in controvers!
m the time of the passage of this act, or OF the
ia entitled IAN act granting the right of way
t,l,. aud nal Evr,pr p,Tpr a M
m and for other purposes" approved July &c, II
no nor shall this act affect any right acquired un
sal d act; and nothing in this act shall be c
ed strued to repeal, impair, or in any way affect
n | provisions of the act entitled IAN act grant
m TO A. Sutro the right Of way and other privilt
, q | to aid in the construction Of a draining and
ed ploring tunnel to the Comstock Lode, in
or State of Nevada" approved July 2oth, 1866,
nv SEC. 10. That all aflidavits required to
r a made under this act, or the act to which i
20 amendatory may be verified before any Of
i'm authorized to administer oaths within the
N. district where the claims may be situated
al al testimony and proofs may be taken be
i'm any such officer, and, when duly certified by
hy officer taking the same, shall have the same 1
nv and effect as if taken before the Register
ci Receiver of the Land Office. In cases of col
N. as to the mineral or agricultural cbaracte
re- land, the testimony and proofs may be take
at herein provided, on personal notice OF at
vo ten days to the opposing party; or if said ?
as cannot be found, then by publication of at
in once a week for thirty days in newspaper,
led designated by the Register Of the Land Off
NO. published nearest the location of such land
he the Register shall require proof that such N
no. has been given.
nat SEC. IA. That where two or more veins i
lod sect or cross each other, priority of title
III. govern, and such prior location shall be ent
he to all ore or mineral contained within the
.be Of intersections: Provided, however, That
inc subsequent location shall have the right Of
m. through said space of intersection for the
in possesses of the convenient working Of the
tes mine: And provided also, That where tv
arc more veins unite, the oldest or prior loo
va. shall take the vein below the point of unio
an. GLIDING all the space ofintersection.
nor SEC Is. That where non-mineral land
'cte contiguous to the vein or lode is used or
the pied by the proprietor of such vein or loo
he mining or milling purposes, such non-adj
, Of surface ground may be embraced and incl
,aIi in an application for patent for such We
no. lode and the same may be patented there
ON subject to the same preliminary requirer
II as to survey and notice as are applicable I
the | this act to veins or lodes: Provided, tn
Bce | location hereafter made of such non-adj
.ion land shall exceed five acres and paymel
lied the same must be made at the same rate as
az. by this act for the superhcies of the lode.
arre owner of O quartz mill or reduction work
ro,n owning mine in connection Herewith
be also receive patent for his mill-site, as
has ded in this section.
44"s CO 1e That all octe and psrfs ~ nets