Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-29

pay for lis portion Of the claim, with the prop
er fees, and file the certificate and description
by the suryeyor-General, whereupon the register
shall certify the proceedings and judgment-roll
10 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 Goth 1896 and July ., 1870, in the
case Of an individual, may consist in his own
affidavit thereof, and in case of an association of
persons unineorporsted of the affidavit of their
authorized agent, made on his own knowledge or
upon information and belief, and in case Of a
corporation organized under the laws o. the
United States or 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 q
patent for mining claim to any person what
ever.
SIC. s. 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 8 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-
diaries of such patented claims, according to the
plat or description thereof. but so as in no case
to interfere with or ehange the location OF any
such patented claim.
SIC 2. That sections one. two, three, four and
six. of an act entitled An Act granting the right
9
lands, and for other purposes approved July
twenty-sixth. eighteen hundred and sixty
are hereby repealed, but such repeal shall not
sfect existing rights. Applications for patents
( for mining claims now pending may be prose
/ cuted 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 all
patents for mining claims heretofore issued
| under the act OF July twenty-sixth, eighteen
: -r,x hall &c
and privileges conferred by this act where nc
adverse rights exist at the time OF the passage OF
! this act.
src. 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 fol
other purposes approved July ninth, eighteen
| hundred ana 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
veyed 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
| plscer-claims cannot be conformed to legal sub
division, survey and plat shall be made as on
now pending may 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 o 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-
nv mi n
claim, and also vein or lode included within
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 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 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 OF
lode, such as described in the second section OF
this act, is known to exist within the boundaries
of plaeer-clailn, an application for patent fol
such placer-claim, which does not include an ap.
plication for the vein or lode claim, shall be
a
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 moi
known, apatent for the placer.claim shall convey
all valuable mineral and other deposits within
TIN boundaries thereof
SEC. IL 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 survey
! .at ~, On 1fa al fnAc nd fla
division of placer claims into smaller quantities
than one hundred and sixty acres, together with
the cost OF publication of notices shall be paid by
the applicants and they shall be at liberty to OBJ.
tain the same at the most reasonable rates, and
they shall also be at liberty to employ any United
States Deputy Surveyor to make the survey.
The Commissioner of the General Land. Office
shall also have power to establish the maximum
charges for surveys and publication of notices
under this act; and, in case of excessive charges
for publication, he may designate any newspaper
published in land district where mines are
situated, for the publication of mining notices
in such district, and fix the rates to be charged
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 q
sworn statement of all charges and fees paid by
said applicant for publication and surveys to-
gether with all fees and money paid the Resister
and Receiver of the land-ofice, which statement
shall be transmitted, with the papers in the
| Office. The fees of the Register and the Re.
ceiyer shall be five dollars each for filing and
acting upon each application for patent or ad.
Verse claim filed, and they shall be allowed the
amount fixed by law for reducing test
mony TO writing, when done in Land Office such
fees and allowances to be paid by the respective
parties; and no other fees shall be charged by
them in such cases. Nothing in this act shall be
construed to enlarge or affect the rights Of either
party in regard to any property in controversy q,
the time OF the passage of this act, of the act
| entitled AN act granting the right of way tc
ditch and canal owners over the public lands
and for other purposes" approved July &c, 1866
nor shall this act affect any right acquired under
said act and nothing in this act shall be con.
strued to repeal impair, or in any way affect the
| provisions of the act entitled IAN act granting
to A. sutro the right of way and other privilege,
to aid in the construction Of draining and ey.
ploring tunnel to the Comstock Lode, in tn,
State OF Nevada" approved July 25th, 1866.
SIC. ID. That all afhdavits required to b.
made under this act or the act to which it II
amendatory, may be verified before any Office
authorized TO administer oaths within the lane
district where the claims may be situated, AM
all testimony and proofs may be taken befor
any such officer, and, when duly certified by tn
officer taking the same, shall have the same fore
and effect as If taken before the Register AM
Receiver of the Land Office. In cases of contes
as to the mineral or agricultural character @
| land, the testimony and proofs may be taken a
HertlH PROVIDED, on personal notice Of at lees
ten days to the opposing party; or If said part,
cannot be found, then by publication of at lens
| once week for thirty days in q newspaper, TO b,
designated by the Register of the Land Office a
published nearest the location of such land: anf
the Register shall require proof that such motto,
has been given,
SEC. IA. That where two or more veins inter
sect or cross each ether, priority of title shsl
govern, and such prior location shall be entitled
to all ore or mineral contained within the spac,
OF intersection: Provided, however, That tn,
| subsequent location shall have the RIGHT of wa,
| through said space Of intersection for the pur
| possesses OF the convenient working of the sale
| mine: And provided also, That where two o.
more veins unite, the Oldest or prior locatio,
shall take the vein below the point of union, in
Guiding all the space ofintersection.
SEC. l5. That where non-mineral land no
contiguous to the vein or lode is used or occu
pied by the proprietor of such vein or lode fo
mining or milling purposes, such non-adjac
surface ground may be embraced and included
in an application for patent for such vein O
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 lodee: Provided That n,
| location hereafter made Of such non.adiacen
land shall exceed five acres and payment 10
the same must be made at the same rate A Are,
| by this act for the superfcies of the lode. Tn
owner OF quartz mill or reduction work.. no
owning mine in connection Herewith. ma
also receive a patent for his mill site, as prov
ded in this section.
| GrC 1G That all eva .. - "A.