Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-20

by the surveyor-General. whereupon the register
skall certify the proceedings and judgment-roll
to the Commissioner ofthe 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 26th 1866, and July 9, 1870 in the
case Of an individual, may consist in his own
affidavit thereof, and in 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. ease Of q
corporation organized under the laws of the
United States, or of aEy State Territory OF the
United States, by the filing Of q certified copy Of
their charter 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.
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 upon unsur-
/ veyed lands, the Surveyor General in extending
/ the surveys shall adjust the same to the boun-
da-ies 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.
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 over the public
lands, and for other purposes approved July
twonty-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are hereby repealed, but such repeal shall not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 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 sxty-six shall convey all the rights
AMI privileges conferred by this act where no
adverse rights exist ct 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 as 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
placer-Claims cannot be conformed to legal sub
/ division. survey and plat shall be made as on
unsurvey 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-
| viied 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 qualified by
law, for homestead or presumption purposes.
| SEC. II. That where the same person, associa-
ton or corporation in possession of q placer
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 ait entitled IAN act to amend an act
| granting the right of way 10 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 ana 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-clain, an application for patent for
such placer claim, which does not include an ap.
| plication for the vein or lode claim, shall be
/ construed as u conclusive declaration that the
| 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 placer-claim is not
/ known, patent for the placer-claim shall convey
/ all valuable mineral and other deposits within
/ tn boundaries thereof.
SEC. l. 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,
Of vein or lode claims, and the survey and sub
divisioI of placer claims into smaller quantitie
than one hundred and sixty acres, together witt
the cost of publication of notices shall be paid b,
the applicants, and they shall be at liberty to OBJ
tain the same at the most reasonable rates, anC
they shall also be at liberty to employ any United
States Deputy Surveyor to make the survey
The Commissioner Of the General Land Ofic,
shall also have power to establish the maximum
charges for surveys and publication Of notice,
under this act and, in case Of excessive charges
for publication, he may designate any newspape
published in land district where mines art
situated, for the publication of mining notice.
in such district, and fix the rates to be charged
by such paper and to the end that the Commits
soner 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, To
gether with all fees and money paid the Resiste
and Receiver Of the land-office, which statemen
shall be transmitted, with the papers in tn
case, to the Commissioner OF the General Land
Office. The fees OF the Register and the Re
cever shall be Ave dollars each for filing an
acting upon each application for patent or ad
verse claim filed, and they shall be allowed tn
amount fixed by law for reducing test
mony to writing, when done in Land Office, sue
fees and allowances to be paid by the respectiv
parties; and 30 other fees shall be charged b
! them in such cases. Nothing in this act shall b
construed to enlarge affect the rights Of eithe
party in regard to any property in controversy a
the time of the passage of this act or Of the &C
entitled "An act granting the right Of way t
} ditch and canal owners over the public land.
and for other purposes" approved July &c, 1866
} nor shall this act affect any right acquired unde
said act; and nothing in this act shall be cor
strued TO repeal, impair, or in any way affect tn
provisions of the act entitled IAN act grantin
to A. Sutro the right of way and other privilege
. to aid in the construction Of draining and ex
| ploring tunnel to the Comstock Lode, in tn
: State of Nevada" approved July 25th, 1866.
SEC. ID. That all afidavits required to b
made under this act, or the act to which it
, amendatory, may be verified before any Office
l authorized to administer oaths within the Ian
district where the claims may be situated, an
, all testimony and proofs may be taken befor
any such officer, and, when duly certified by tn
: and effect as IL taken before the Register an
! Receiver of the Land Office. In cases Of conte.
as to the mineral or agricultural character
land, the testimony and proofs may be taken
herein provided, on personal notice of at Leaf
} ten days to the opposing party; or if said part
! cannot be found, then by publication of at lea,
once week for thirty days in newspaper, to
designated by the Register of the Land Office
! puDllbntu nthTtbt the lOChtlOn OF huCH lana, an
the Register shall require proof that such motto
has been given.
SEC IA. That where two or more veins intel
sect or cross each other. priority of title sha
govern, and such prior location shall be entitle
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 pul
possesses of the convenient working OF the sal
mine: And provided also, That where two q
more veins unite, the oldest prior locatio
shall take the vein below the point of union, in
Guiding all the space OF Intersection
SEC. Is. That where non-mineral land nc
! contiguous to the vein or lode is used or occu
, pied by the proprietor of such vein or lode 10
mining or milling purposes, such non- sdj acen
surface ground may be embraced and include
in an application for patent for such vein 0
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 lodes: Provided That n
} location hereafter made Of such non -ad jacen
! land shall exceed Ave acres, and payment 70
the same must be made at the same rate as IKE
by this act for the superhcies of the lode. tn
owner of a quartz mill or reduction works NO
| owning o mine in connection Herewith, ma
| also raceiya pataDt for his III oil a,