Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-28

T.
pay for his 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 lndgment-ron
10 the Commissioner Of the Land Once, in the
preceding case, and patents shall issue to the
I several parties accoriing to their respective
rights. Proof Of citizenship under this act, or
the act of July 26th ls66 and July ?. 1870, in the
case of an individual. may consist in his own
affidavit thereof and in case of an association of
persons mincorporated 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, 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 Il
patent for mining claim TO any person what
Z ever.
! SEC. 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
I Herewith; but where patent shall be
| issued as aforesaid for claims upon unsur-
l veyed lands, the Surveyor General in extending
/ 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.
SIC. .. That sections one, two, three. four and
six. of am 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-sixth. eighteen hundred and sixty six.
are hereby repealed, but such repeal shall mo-:
affect existing rights. Applications for patents
for mining claims now pending may be prose
/ cutod to final decision in the General Land
oficc but in such cases where adverse rights
are not affected thereby. patents may issue In
{ pursuance of the provisions of this act; and all
l patents for mining claims heretofore issued
under the act Of July tventy-sixth, eighteen
hundred and sixty six, shall convey all the rights
farr 1x-a aRfx1 rhQrs N
adverse rights exist at the time of the passage Of
J 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
unsurveyt lands: Provided, That proceedings
now pending may be prosecuted to their hnal
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.
! yided 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.
SIC. IL. That where the same person, associa
ton or corporation in possession OF placer
claim, and also vein or lode included within
49,, .lnvt nyyN1in ion hall h6
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 ac
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 vein or lode, upon tn,
payment OF five dollars per acre for such vein o.
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 costs of proceedings; and where avein Of
lode such as described in the second section Of
this act, is known to exist within the boundare.
of a placer-claim, an application for patent fol
such placer claim, which does not include an ap
plication for the vein or lode claim, shall bt
construed as q 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 ayein or lode in placerclaim is moi
known, apatent for the placer-clain shall convey
all valuable mineral and other deposits within
thu boundaries thereof.
SEC. IL That the Surveyor General of the
United States may appoint in each land distric
, containing mineral lands as many competen
0 surveyors as shall apply for appointment to sur
g vey mining claims. The expenses of the surve
S of vein or lode claims, and the survey and sub
division of placer claims into smaller quantitie
e than one hundred and sixty acres, together witt
ths tffI lt.atf hal hnt
theapplicants and they shall be at liberty to OBJ
tain the same at the most reasonable rates, ant
they shall also be at liberty to employ any United
States Deputy Surveyor to make the survey
The Commissioner of tbs General Land Offic,
shall also have power to establish the maximum
charges for surveys and publication of notice
under this act; and, in case of excessive charge
for publication, he may designate any newspape
published in land district where mines ar
, situated, for the publication of mining notice
in such district, and fix 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, &c
Eether with all fees and money paid the Resiste
and Receiver of the land-ofiice, which statemen
shall be transmitted, with the papers in tn
case. to the Commissioner of the General Lane
Office. The fees of the Register and the r,
g ceiver shall be five dollars each for filing an
( acting upon each application for patent al
& verse claim filed and they shall be allowed IL
. amount fixed by law for reducing test
r mony to writing, when done in Land Office, sue
b fees and allowances to be paid by the respectiy
: parties, and no other fees shall be charged b
a them in such cases. Nothing in this act shall /
. construed to enlarge affect the rights of eitht
t party in regard to any property in controversy
the time OF the passage of this act, of the az
entitled IAN act granting the right of way
o ditch and canal owners over the public land
n and for other purposes, approved July &c, 1856
hall 90 . 4
said act; and nothing in this act shall be col
strued TO repeal, impair, or in any way affect tt
J. provisions of the act entitled IAN act grsntin
l. to A. sutro the right of way and other privilege
a to aid in the construction of draining and el
d ploring tunnel to the Comstock Lode, in Il
II State OF Nevada" approved July 25th, 1866.
y sEc. 10. That all affidavits required to |
made under this act or the act to which II
e. amendatory, may be verified before any ofiic
N authorized TO administer oaths within the lar
j. district where the claims may be situated, al
l., all testimony and proofs may be taken befol
n any such officer and when duly certified by Il
Y officer taking the same, shall have the same for
v and effect as II taken before the Register ar
h Receiver of the Land Office. In cases OF conte
/. as to the mineral or agricultural character
T. land, the testimony and proofs may be taken
l. herein provided, on personal notice of at lea
o ten days to the opposing party; or If said part
IS cannot be found, then by publication of at lea
n once week for thirty days in newspaper, to /
d designated by the Register Of the Land Office
= published nearest the location Of such land; al
e the Register shall require proof that such mott,
}. has been given.
It SEC. II. That where two or more veins ipte
ID sect or cross each other, priority of title sha
g govern and such prior location shall be entitls
ie to all ore or mineral contained within the spa
le of intersection: Provided, however That II
lg subsequent location shall have the RIGHT of W,
h. through said space Of intersection for the pu
h possesses Of the convenient working Of the "a
ss mine And provided also, That where two
rs more veins unite, the Oldest or prior locati,
e. shall take the vein below the point of union,
J. GLIDING all the space ofintersection.
n SEQ. Is. That where non-mineral land n
ts contiguous to the vein or lode is used or occ
Ie pied by the proprietor Of such vein or lode (
Ne mining or milling purposes, such non-adjace
If surface ground may be embraced and includ
Il in an application for patent for such vein
D lode, and the same may be patented therew wit
n subject to the same preliminary Requirement
II as to survey and notice as are applicable und
10 this act to veins or lodes: Provided, That ,
% location hereafter made Of such non-sdjsce
IN land shall exceed five acres and payment 4
ID the same must be made ct the same rate as fix,
f. by this act for the superfcies of the lode. II
70 owner Of quartz mill or reduction works. n
m owning mine in connection Herewith, m,
,e also receive patent for his mill site, as pro,
rs ded in this section
SEC. 16. That all acts and Darts of acts ;vco