Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-15


shall certify tbs proceedings and iudgment-roll
to the Commissioner Of the Land Office, 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 eGih 1865, and July 2, 1870 in the
case Of an individual, may consist in his own
affidavit thereof and in case of al association Of
persons unincorp1rated Of the affidavit Of their
authorized sgent made on his own knowledge or
upon information and belief. and in case Of
corporation organized under the laws OF the
United States, OF any State or Territory of the
United States, by the filing of q 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 a mining claim to any person what
ever.
SEc. 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; but where patent shall be
issued as aforesaid for claims spon unsur-
viewed lands the Surveyor General in extending
the surveys, shall adjust the same to the boun-
daries Of such patented claims, according 10 the
plat or description thereof, but SO as in no ease
to interfere with or change tbs location Of any
such patented claim.
SIC. Q. 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-sfXth. eighteen huLdred and sixty six
are lefsbN I-pehltu, bhA SUN eAAi4 NO.
affect existing rights. Applications for patents
for mining claims now pending may lie prose
cuted to final decision in the General Land
Office; but in such cases where adverse rights
are not affected tn reby, patents may issue in
pursuance OF the provisions of this act; and all
patents for mining claims heretofore issued
under the set of July twenty-si1th, eighteen
hundred and si1ty-sX. shall convey all the rights
aud privileges conferred by this act where no
adverse rights exist at the time Of the passage Of
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, 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
/ 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;
1 but where said placer-clams shall be upon sur
J yeyed lands and conform to legal Subdivisions,
| no further survey or plat shall be required and
! all placer miuing claims hereafter located shall
conform as near as practicable with the United
States system Of pnblic land surveys and ths
/ 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
unsurveyf lands: Provided, That proceedings
now pending msy 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 a 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 compton purposes.
SEC. II. 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-claia, with the
statement hat it includes such vein or lode, and
/ in such case lsubeCt to the provisions of this
act and the act entitled IAN act to amend an ACT
/ granting the right Of way TO ditch and cana
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 win or lode. upon tht
payment Of five dollars per acre for such vein Of
lode claim, and twenty-five feet Of surface OF
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 cost. Of proceedings; and where avein o.
/ lode, such as described in the second section o.
this act. is known to exist within the boundaries
OF plAcCr-claim, an application for a patent fol
I such placer-claifs, which does not include an ap
plicatOn for the vein or lode claim shall b.
/ construed conclusive declaration that tn,
ella maut Of the p!acer-claim has no right OF pos
session OF the vein or lode claim but where til,
existence Of vein or lode in placer claim is no
huONI, patent ibT tlt hHhil CUnNt
all valuable mineral and other deposits within
tn boundaries thereof
SEC. u That the Surveyor General of tn
United States may appoint in each land distric
containing mineral lands as many competsn
, surveyors as shall apply for appointment to SUI
vey mining claims, The expenses of the surve
Of vein or lode claims, and the survey and snt
diyisiol Of placer claims INTO smaller quantitie
q than one hundred and sixty acres, together wit
the cost of publication of notices shall be paid
theapplicants and they shall be at liberty to oil
! tain the same at the most reasonable rates, an
theyshall also be at liberty to employ any Unite
= Sta'es Deputy Surveyor to make the survey
The Commissioner Of the General Land. One
shall also have power to establish the maximum
charges for surveys and publication of notice
upl r this act; and, in case of excessive charge
for publication, he may designate any newspape
published in q land district where mines ar
situated. for tho publication of mining notice
in such district, ind tx the rates to be charge
by such paper, and to the end that the Commits
sioner may be fully informed on the subject
each applicant shall file with the Register
sworn statement of all charges and fees paid b
said applicant for publication and surveys, &
gether with all fees and money paid the Resiste
. and Receiver Of the lHud-ofiice which statemer
shall be trarsmitted, with the papers in tn
case, TO the Commissioner Of the General Lane
= Oihce. Tho fees Of the Register and the Il,
ceiver shall be five dollars each for filing an
, acting upon each application for patent or aC
verse claim fled, and they shall be allowed III
amount fixed by law for reducing test
mony to writing, when done in Land Office, sue
fees and allowances to be paid by the resp0ctiy
= parties; and no other fees shall be charged b
them in such cases Nothing in this act shall /
construed 10 enlarge or affect the rights OF etht
party in regard TO any property in controversy
the time OF the passage of this act or of the az
entitled IAN act granting the right of way
} ditch and canal owners over the public land
and for other purposes" approved July &c, 1856
nor shall this act affect any right acquired undo
said act; and nothing in this act shall be col
srued to repeal, impair, or in any way affect Ii
provisions Of the act entitled IAN act grantin
to A. Sutro the right of way and other privilege
4 to aid in the construction OF draining and e1
/ ploring tunnel to the Comstock Lode, in Ii
State OF Nevada" approved July % b, 1866
SIC. -. That all affdavits required to /
made under this act or the act to which II
amendatory, may ba verified before any ofis,
authorized to administer oaths within the Ian
= district where the claims may be situated, an
all testimony and proofs may be taken befoI
any such officer, ana, when duly certified by Ii
officer taking the same, shall have the same fore
and effect il taken before the Register an
Receiver Of the Land Office. In cases OF contei
as to the mineral or agricultural character
lend, the testimony and proofs may be taken
herein provided, on personal notice of at lea
ten days to the opposing party; or If said part
cannot be found. then by publication of at lsa,
once week for thirty days in q newspaper to
designated by the Register of the Land Office ,
the Register shall require proof that such motto
has been given.
SEC. IA. That where two or more veins int
sect or cross each ether, priority of title sha
govern, and such prior location shall be entitle
to all ore or mineral contained within the spac
of Intersections Provided, however. That tn
subsequent location shall have the right Of wa
through said space of intersection for the pu
possesses of the convenient working OF the sal
mine; And provided also. That where two c
more veins unite the Oldest or prior locatio
shall take the vein below the point of union, IL
Gliding all the space ofintersection.
SEC. Is. That where non-rnineral land nc
contiguous to the vein or lode is used or occ,
pied by the proprietor of such vein or lode fo
mining or milling purposes, such non ad jacen
| surface ground may be embraced and include
in an application for patent for such vein G
lode, and the same may be patented Herewith
subject to the same preliminary requirement
as to survey and notice as are applicable unde
this act to veins or lodes Provided, That n
location hereafter made of such non-adjacer
land shall exceed five acres, and payment 70
the same must be made at the same rate as fixe
by this act for the superfcies of the lode. TIL
owner Of a quartz mill or reduction works. nc
owning a mine in connection Herewith ma
also receive patent for his mill-site, as prov
ded in this section.
Ct, -.