Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-23


several parties according 10 their respective
rights Proof Of citizenship under this act, or
the act Of July 26th 1866, aud July ?, 1870 in the
case Of an individual. may consist in his Own
afdayit thereof. and in case OF an association o:
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
nited States, or Of any State or Territory OF the
United S;stes, by the filing Of u 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 u
patent for mining clam to any person what
ever.
SIC 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 snail De
issued a. aforesaid for claims upon unsur-
yeyed 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
10 interfere with OF change the location of any
such patented claim.
SIC. .. 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. aud for other purposes approved July
tweuiy-siXth. eighteen hundred and siEty-siN,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted TO a fnal 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 ana all
patents for mining claims heretofore issued
under the act Of July twcnty-sixth, eighteen
hundred aud sxty-siX. shall convey all the rights
and privileges conferred by this act where no
adverse rgAt- exist at the time OF the passage 81
this ae+.
src. lu. That the act entitled An Act to
amend an set granting the right OF way TO ditch
and canal owners over the public lands, and for
other puru0ser' approved July ninth, eighteen
hundred and seventy, shall he 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 he upon sur
yeyed lands, ana conform to legal subdivisions,
no further survey or plat shall he required, and
all placer mining claims hereafter located shall
conform Us 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 conforIned to legal sub
division, survey and plat shall be made rs on
unsurveys lands: Provided, That proceedings
now pending may he prosecuted 10 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 cHses: 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.
SEC. II. That whore the same person, associa-
ton or corporation in possession of a placer
claim and also vein or lode included within
the boundaries thereof, application shall he
made for patent for the placer-claim, with the
statement hat 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 OF
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 avein OF
lode. such a. described in the second section OF
this act, il known to exist within the boundaries
of a plHcer-claim, an application for patent FOL
such plaCer-CiaiIn, which docs not include an an
plication for the vein or lode claim, shall be
construed US Il conclusive declaration that the
ella mBut OF the placer-claim has no right q pos
session Of TIN vein or lode claim; but where the
existence Of vein or lode in placer claim is moi
known, patent tor the placer-claim shall convey
all valuable mineral and other deposits within
| tn boundaries Thereof.
| SEC. IL That the Surveyor General of til,
| United States may appoint in each land distric
| containing mineral lands MS many competen
| surveyors As shall apply for appointment to SUI
| Vcy mining claims. The expenses of the survc
of vein or lode claims, and the survey and sui
| division Of placer claims INTO smaller quantitic
than on" 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 oil
| tain the same at the most reasonable rates, am
| they shall also be at liberty to employ any Unite
| States Deputy surveyor to make the survey
| The Commissioner of the General Land. OfliC
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 M
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 COmm
sioner may be fully informed on the subec
each applicant shall file with the Register
sworn statement of all charges and fees paid l
| said applicant for publication and surveys, T.
! gether with all fees and money paid the Resist,
and Receiver Of the land office, which statemel
| shall he transmitted, with the papers in Il
case. to the, Commissioner of the General Ian
Office. The fees Of the Register and the Il
ceiver shall be five dollars each for filing al
acting upon each application for patent or q
; verse claim filed, and they shall be allowed Il
amount fixed by law for reducing tes
r mony to writing, when done in Land Office, su,
fees and allowances to bc paid by the respect
parties; and no other fees shall be charged
, them in such cases. Nothing in this act shall
construed to enlarge or affect the rights of eth
I party in regard to any property in controversy
A the time OF the passage of this act, or of the
I entitled AN act granting the right of way
n ditch and canal owners over the public lane
a and for other purposes, " approved July &c, IS,
o nor shall this act affect any right acquired und
said act and nothing in this act shall be &C
strued to repeal impair, or in any way affect t
= provisions Of the act entitled IAN act grant
l. to A. Sutro the right of way and other privilel
a to aid i'll the construction of n draining and {
d ploring tunnel to the Comstock Lode. in (
" State OF Nevada approved July 25th, 1866.
v SEC. Is. That all atidavits required TO
a made under this act, or the act to which it
q, amendatory may be verified before any Off
n authorized to administer oaths within the Ia
i district where the claims may he situated a
|. all testimony and proofs may be taken bef,
n any such officer, and, when duly certified by
V officer taking the same, shall have the same 10
V and effect as II taken before the Register q
Il Receiver of the Land Office. In cases of cont
l. to the mineral or agricultural character
= land, the testimony and proofs may be taken
t. herein provided, on personal notice of at lie
O ten days TO the opposing party; or if said pa
IS cannot be found, then by publication of at lie
n once a week for thirty days in a newspaper, to
d designated by the Register of the Land Office
= published nearest the location of such land;
e the Register shall require proof that such not
D has been given.
Il SEC. a. That where two or more veins int
ID sect or cross each other, priority of title 81
O. govern, and such prior location shall be EMIT
ne to all ore or mineral contained within the 80
ne of intersection: Provided, however That
10 subsequent location shall have the right of
h. through said space of intersection for the I
h possesses of the convenient working Of the +
&c mine: And provided also, That where two
RS more veins unite, the oldest or prior locat
e. shall take the vein below the point Of union.
T. Guiding all the space of intersection.
,r SEC. Is That where non-mineral land
Is contiguous to the vein or lode is used or oC
,e pied by the proprietor of such vein or lode
Nc mining or milling purposes, such non-adjac
IF surface ground may be embraced and inclu
II in an application for patent for such weir
o. lode, and the same may be patented therewi
m subject to the same preliminary requirene
If as to survey and notice as are applicable un
ne this act to veins or lodes: Provided, That
ce location hereafter made of such non-adjac
IN land shall exceed five acres, and payment
ID the same must be made at the same rate as fl
f. by this act for the superhcies of the lode.
Sc owner of o quartz mill or reduction works,
IN owning a mine in connection Herewith, !
,e also receive patent for his mill-site, as pr,
as ded in this section.
SEC. 16. That all acts and parts of acts inc
DO sistent herewith are hereby repealed: ProviC
,e That nothing contained in this act shall be c
,e strued to impair, in any way rights or inter
s. in mining property acquired under existing Ia
D. Approved May 10, 1872.