Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-18

pay for his portion Of the claim, with the prop
sr fees, and file the certificate and description
by the Suryeyor-General. whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner fthe Land Once, ss 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 25th 1896 and July 3, 1870 in the
case Of an individual, may consist In his own
AFFIDAVIT thereof, and in case OF association Of
persons unincorporated Of the affidavit Of their
agent, made on his own knowledge or
upon information and belief, and in case of 3
corporation organized under the laws Of the
nfted 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 .
patent for mining claim to any person what
ever.
SEC s. Tha. 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-
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.
SEC 3. 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-siNth, 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are hereby repealed, but such repeal shall not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 lie prose
cuted to q final decision in the General Land
Office; but in such cases where adverse rights
are not affected tn reby, patents may issue III
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-sx, shall convey all the rights
and privileges conferred by this act where nc
adverse rights exist at the time of the passage OF
this act.
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 a. 10 the proceedings to obtain
patent which shall be similar 10 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,
10 further survey or plat shall be required Sand
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-rlaims cannot be conformed to legal sub
division. survey and plat shall be made as on
unsuyey' 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 e1-
listing laws, shall apply to such cas's: 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 qualified by
law, for homestead or presumption purposes.
h,+ lara th. Ia
tion 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-clairn, with the
state ent that il 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 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 and fifty cents per acre, together
with all costsof proceedings; and where avein 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 Rp-
plicatiOn for the vein or lode claim, shall be
construed as a 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 a vein lode in placer claim is not
known, apatent for the plucer-claim shall convey
all valuable mineral and other deposits within
til 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 surve,
Of vein or lode claims, and the survey and sub
division Of placer claims INTO smaller quantite,
than one hundred and sixty acres together witt
the cost Of publication Of notices shal be paid by
theapplicAnt., 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 am
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
sworn statement Of all charges and fees paid by
said applicant for publication and surveys, to
gether with all fees and money paid the Resistei
and Receiver of the land-otfice, which statement
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
ceiver shall be five dollars each for filing ant
acting upon each application for patent or ad
verse claim filed, and they shall be allowed tn,
amount fixed by law for reducing testi
mony to writing, when done in Land ONCE sucl
fees and allowances TO be paid by the respectiv,
parties; and no other fees shall be charged b,
them in such cases. Nothing in this act shall b,
construed to enlarge or affect the rights of eihe
party in regard to any property in controversy a
the time OF the passage of this act, or of the ae
entitled AN act granting the right of way t
ditch and canal owners over the public lands
and for other purposes" approved July &c, 1866
nor snail this act affect any right acquired unde
said act; and nothing in this act shall be con
strued to repeal, impair, or in any way affect tn
| provisions of the act entitled AN act grantin
to A, sutro the right OF way and other privilege
| to aid IN the construction OF q draining and eX
| ploring tunnel to the Comstock Lode, in tn
| State OF Nevada" approved July 20 b, 1866
SEC, l3 That all afhdavits required to b
made under this act, or the act to which ii
! amendatory, may be verified before any Office
authorized to administer oaths within tht 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 III
officer taking the same. shall have the same fore
and effect as II taken before the Register an
Receiver OF the Land Office. In cases Of contes
!
land, the testimony and proofs may be taken d
herein provided, on personal notice of at leas
ten days to the opposing party; or if said part
cannot be found then by publication of at leas
once a week for thirty days in newspaper, to b
designated by the Register Of the Land Office a
published nearest the location of such land; an
the Register shall require proof that sucu motto
has been given.
| SEC. IA. That where two or more veins int,
sect or cross each other, priority of title shal
| 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 or prior locatio
shall take the vein below the point of union. in
Guiding all the space of intersection.
SEC. Is. That where non-mnersl land no
contiguous to the vein or lode is used or occu
mining or milling purposes, such non-adj acen
surface ground may be embraced and include,
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 under
this act to veins or lodes: Provided, That nc
location hereafter made Of such non-adjacent
land shall exceed five acres, and payment fol
the same must be made at the same rate as fixed
by this act for the superfcies Of the lode. The
owner of quartz mill or reduction works no,
owning a mine in connection herewith NAV
also receive patent for his mill. site, as proyi.
ded in this section.
M