Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-03

paw for his portion of the claim with the prop
er foes, and hle the certificate and description
by the surNeyorGeneTal. whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner Of the Land Once as 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 18th 1866 and July 2, 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 affidavit Of their
authorized agent, made on his own knowledge or
upon information and belief and III case OF
corporation organized under the laws of the
United States. Of any State or Territory OF the
United States, by the filing of certified copy OF
their charter or 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.
SIC. 5. 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 shall De
issued as aforesaid for claims upon uhsur-
viewed 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 g That sections one, two, three. four and |
six OF an act entitled An Act granting the right
Of way n ditch and canal owners over the public
lanes. ana luf ulutf purpObfs- apliONth july
twenty-sixth. eighteen hundred and sixty-six |
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to a 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-si1th, 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. 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 for
other purposes, approved July ninth, eighteen
hundred and seventy, shall be and remain in
full force, except to the proceedings to obtain
a 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-caims 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 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
unsurvey' d lands Provided, That proceedings
now pending may be prosecuted to their hnal
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 qualihed by
/ law, for homestead or presumption purposes.
/ SEC. IL. That where the same person, associa-
tion or corporation in possession of placer
claim, aud also vein or lode included within
the boundaries thereof, application shall be
| made for patent for the placer-claiin, 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 "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 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 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-rlam, which does not include an ap-
plcation for the vein or lode claim, shall be
construed as a conclusive declaration that the
ella nian 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 placer-claim is not
known, patent for the placer-claim shall convey
all valuable mineral and other deposits within
TIA 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 surye,
9 of vein or lode claims, and the survey and sub
a division of placer claims into smaller quantitie
!, than one hundred and sixty acres, together will
y the cost of publication of notices shall be paid b.
Il the applicants, and they shall be at liberty to oh
q tain the same at the most reasonable rates, ant
they shall also be at liberty to employ any Unitet
% States Deputy Surveyor to make the survey
a The Commissioner of the General Land 0fic
y shall also have power to establish the maximum
II charges for surveys and publication of notice
= under this act; and, in case of excessive charge
II for publication, he may designate any newspape
= published in a land district where mines ar
y, situated, for the publication of mining notice
II in such district, and fix the rates to be CHARGE
- by such paper and to the end that the Commits
=, siOncr may be fully Informed on the subjec,
~ each applicant shall file with the Register
~ sworn statement Of all charges and fees paid b
:, said applicant for publication and surveys, tc
a. gethcr with all fees and money paid the Resiste
= and Receiver Of the land office, which statemen
- shall lie transmitted, with the papers in tn
- case to the Commissioner of the General Land
-. Office. The fees Of the Register and the Il,
-. Ceiver shall be five dollars each for filing an
Is acting upon each application for patent at
:, verse claim filed and they shall be allowed tn
-, amount nNcu by law Tor reducing test
~, mOny to writing, when done in Land Office, sue
fees and allowances to be paid by the respectiy
-, parties; and no other fees shall be charged b
them in such cases. Nothing in this act shall b
a. construed to enlarge affect the rights of eitht
IL; party in regard to any property in controversy
IA the time OF the passage of this act, Of the
,o entitled AN act granting the right of way
NJ ditch and canal owners over the public land
,r and for other purposes" approved July &c, 1856
~ nor shall this act affect any right acquired und,
ri, said act; and nothing in this act shall be col
=, strued to repeal impair, in any way affect IL
:, provisions of the act entitled "An act grantir
to A. Sutro the right of way and other privilege
. to aid in the construction OF draining and e,
su gu ploring tunnel to the Comstock Lode, in Il
W. State of Nevada approved July 25th 1866.
:. SEC. 13. That all affidavits required to
80. made under this act, or the act to which it
- amendatory, may be verified before any offic
a. authorized to administer oaths within the lar
Il district where the claims may be situated, al
-, all testimony and proofs may be taken befo
h any such officer and, when duly certified by Il
~ officer taking the same shall have the same for
~ and effect as If taken before the Register al
=, Receiver of the Land Office. In cases of conte
"a as to the mineral or agricultural character
- land, the testimony and proofs may be taken
=. ~ herein provided, on personal notice of at lea
a. ten days to the opposing party: or If said par
IN cannot be found. then by publication of at lea
al once a week for thirty days in a newspaper to
nv nv designated by the Register Of the Land Office
"o published nearest the location of such land al
lHt istRlsltr suAi require proOI tnht sucn nOtl
", has been given.
al SEC. IA. That where two more veins into
~ sect or cross each other, priority of title sht
to govern, and such prior location shall be entit
ho to all ore or mineral contained within the spa
az of intersection: Provided, however, That ii
be subsequent location shall have the right of W
N through said space of intersection for the pr
20 possess OF the convenient working Of the 50
re mine: And provided also, That where two
vs. more veins unite, the oldest or prior locate
~ shall take the vein below the point of union /
~ GLIDING all the space of intersection.
'ts SEC. Is. That where non-mineral land n
Ne contiguous to the vein or lode is used or occ
ho pied by the proprietor of such vein or lode
Of mining or milling purposes. such non-adjace
al surface ground may be embraced and includ
90. in an application for patent for such vein
ON lode, and the same may be patented therewit
IL subject to the same preliminary Requirement
no as to survey and notice as are applicable und
,no this act to veins or lodes: Provided, That
, W., location hereafter made Of such nonadj ace