Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-18

several parties according 10 their respective
rights. Proof Of citizenship under this act, or
the act of July Goth 1896, 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 in case of
corporation organized under the laws Of the
United States. Of any State or Territory Of the
United States, by the filing 81 a 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 a
patent for a 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 patent shall be
issued 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 10 the
plat or 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 overthe public
lands, and for other purposes, approved July
twonty-sixth. eighteen hundred and sxty-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are hereby repealed, but such repeal shall not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 u 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
hundred and siXty-siN 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.
| 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 NJ 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-claims cannot be conformed to legal sub
! division, survey and plat shall be made as on
unsurveyd 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 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
]
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, assOcia-
ton or corporation in possession of u placer
claim, and also a vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claim, with the
statement hat 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 M In tTl nd oil
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 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 aud fifty cents per acre, together
with all costs of proceedings and where vein or
lode, such as 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-claim, which does not include an ap-
plicatlun for the vein or lode claim, shall be
construed a conclusive declaration that the
ella mant of the paCer-Caim 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, apatent for the placer-clam shall convey
all valuable mineral and other deposits within
TIL 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
vty mining claims. The expenses of the survey
of vein or lode claims and the survey and sub
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
'harges for surveys and publication of notices
under TINS act and, in case of excessive charges
or publcatlon, he may designate any newspaper
published in a land district where mines are
situated, for the publication of mining notices
n such district, and fix the rates to be charged
by such paper and, to the end that the Commits.
'ioner may be fully informed on the subject,
zach applicant shall file with the Register n /
sworn statement of all charges and fees paid by
ald applicant for publication and surveys, to-
5ether with all fees and money paid the Resister
md Receiver of the land-Otfice, which statement !
hall be transmitted, with the papers in the
'ase to the Commissioner of the General Land
Jfhce. The fees of the Register and the Re
'eiver shall be five dollars each for filing and
'cting upon each application for patent or adj
'erse claim filed and they shall be allowed the
mount fixed by law for reducing testi.
nony to writing, when done in Land Office, such
ees and allowances to be paid by the respective
"
hem 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 at
he time OF the passage of this act, or Of the net
nttled An act granting the right of way to
hitch and canal owners over the public lands
md Tor other purposes" approved July 26. 1866
lnr shall this act affect any right acquired under
aid act; and nothing in this act shall be con.
trued to repeal, impair, or in any way affect the
provisions of the act entitled "An net pronting
a. nd 9TH /
% aid in the construction of draining and ex
1loring tunnel to the Comstock Lode in the
state OF Nevada, approved July 25h, 1866.
SEC ~. Ihat all athdavits required to be
maze under this act or the act to which il is
may be verified before apy oi,icer
authorized to administer oaths within the land
district where the claims may be situated and
vi testimony and proofs may be taken before
my snch ofhcer, and, when duly certified by the
'iicer taxing the same shall have the same force
ma elect as If taken before the Register and
feceiver OF the Land Office. In cases Of contest
IS to the mineral or agricultural Character of
ana the testimony and proofs may be taken as
efein provided, on personal notice of at least
en- Gays 10 the opposing party; or if said party
ahhot be found, then by publication of at least
nee week Tor thirty days in newspaper To he
estimated by the Register of the Land Office as
uDiished nearest the location of such land: and
las been given, '
SEC. IA. That where two or more veins inter.
ecu OF cross each other, priority of title shall
o'erh, ana such prior location Shall be entitled
. al ore or mineral contained within The snsce
intersection: Provided, however, That the
uose4uent location shall have the RIGHT of wav
hrough SAID space of intersection for the mr. :
oseses OF the convenient working of the said
hihe: And provided also, That where two or
more veins unite the oldest or prior location
nall take the vein below the point of union in.
Iudlng all the space of intersection.
SEC. 10. That where non-mineral land mot
ontiguous to the vein or lode is used ar ocnu'
led by the proprietor of such vein or lode for
aiming or milling purposes, such non.adiacent
nrface ground may be embraced and inclndad ID
an application for patent for such vein or I
oae, ana the same may be patented Herewith
uoJect 10 the same preliminary requirements
!" survey and notice as are applicable under
lls act 10 veins or lodes: Provided, That no
cation hereafter made Of such non-adiacent
ma snail exceed five acres, and payment for
lie same must be made at the same rate az fred
this act for the superficies of the lode Tbe
"ner OF quartz mill or reduction works NOT
wing a mine in connection Herewith NAV
so receive patent for his mill site. as nroyi'
I'd in this section. 10 pio'i'
SEC. l6. That all acts and parts of nets inco,
stent herewith are hereby repealed Provided e
nat nothing contained in this act shall he CON
rueu 10 impair, in any way, rights or Interests
INNING property acquired under existing law
pproved May 10, 1879. laws
HAP. CCXlV.-AnA Act to amend an Act or.i.,.,
An Act to promote the Deyelonmant 90 t .e
A''oouleebc United States