Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-22

All certify the proceedings and judgment-roll |
the Commissioner Of the Land Once, as IN the |
receding case. and patents shall issue 10 the
,veral parties according to their Respective
phts. Proof of citizenship under this act, or
NJ act Of July 26th 1866 and July 3, 1870, In the
Use Of an individual, may consist IN his own
tjdayit thereof and in case of an association OF
ersons unineorpora'ed OF the aihdaNit OF thei
authorized agent, made on his own knoWleueeor
non information and belief. and in case OF
5rporati1n organized under the Laws oil the
'nited States or Of any State or Territory OF the
-nited States by the filing of a certified copy OF
heir charter or certificate Of incorporation; ana
othing herein contained shall be construed 10
reyent the alienation Of the title conveyed py
,atent for mining claim to any person WHAT
yer.
Sgc. s. That the description of vein or lode
laims, upon surveyed lands, shall designate the
ocatiop OF the claim with reference TO the lines
# the public surveys, but need not conform
herewith; but where u patent snail De
ssued as aforesaid for claims upon unsur-
peyed lands, the Surveyor General IN extending
he SURVEYS shall adjust the same to the boun-
iaries of such patented claims, according TO the
plat or description thereof, but so as in no case
To- interfere with or change the location oil any
such patented claim.
SIC. O. That sections one two, three, four ana
six of an act entitled An Act granting the rignl
Of yay to ditch and canal owners oyerthe puDlc
lands and for other purposes, approved July
twenty-siNth. eighteen hundred and slNty-slA,
are hereby repealed, but such repeal shall not
affect existing rights. Applications ior patents
for mining claims now pending may be prose
cuted to final decision in the General LAhu
Office: but in such cases where adverse rights
are not affected thereby, patents may issue IN
pursuance of the provisions of this act ana al
uAteuts for mining claims heretofore Issued
under the act Of July twenty-si1th, eighteen
hundred and sixtysix, 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. 49,.
SIC. 10. That the act entitled AN Act to
amend an act granting the right OF way to dltch
and canal owners over the public lands, ana ioi
other purposes approved July ninth' eighteen
hundred and seventy, shall be and remain III
full force except as to the proceedings to obtain
a 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 suodlNlsioIs
no further survey or plat shall be required, ana
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 SUD
division, survey and plat shall be made as OF
ullNuINtNt u lhllust IlONiuth, ihn'
now pending may be prosecuted to their ina
determination under existing laws; but the pro
visions of this act, when not in conflict with eS
listing laws shall apply to such cases; Ana pro
vided also. That where by the segregation o.
mineral land in any legal subdivision quantity
of agricultural land less than forty acres re
mains, said fractional portion Of agriculture
land may be entered by any party qualihed by
law for homestead or presumption purposes
SEC H. That where the same person, associa
ton or corporation in possession OF placer
claim, and also vein or lode included wlthll
the boundaries thereof. application shall b.
made for a patent for the placer-claim, with tn
statement that it includes such vein or lode, ant
in such case Subject TO the provisions OF thi
act and the act entitled can act to amend an &C
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 III
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, togethe
with all costs OF proceedings; and where ayeln o
lode, such As described in the second section o
this act, is known to exist within the boundarie
Of "A plaCer-Claim, an Application for patent 10
such pacer-claim, which does not include an ap
pliCatiOn for the vein or lode claim, shall b.
construed as Il conclusive declaration that tn
ella mant Of the placer-claim has no right 0 pos
session Of the vein or lode claim; but where thu
existence Of a vein or lode in placer-claim is no
known, a patent for the placer-claim shall conve,
all valuable mineral and other deposits withil
TIL boundaries thereof
SEC. II That the Surveyor General Of tn
United States may appoint in each land distric
containing mineral lands as many competen
surveyors as shall apply for appointment to sui
vCy mining claims. The expenses OF the surve
of vein or lode claims, and the survey and sui
division of placer claims INTO smaller quantitie
than one hundred and sixty acres, together wit
the cost of publication of notices shall be paid b
theapplicants, and they shall be at liberty to oil
tain the same at the most reasonable rates, an,
they shall also be at liberty to employ any Unite
States Deputy Surveyor TO make the survey
The Commissioner of the General Land thc
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 q 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 Commi
sioner may be fully Informed on the subjec
each applicant shall file with the Register
sworn statement of all charges and fees paid |
said applicant for publication and surveys, t
gether with all fees and money paid the Resist
and Receiver Of the land otfce, which stateme
shall be 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 a.
acting upon each application for patent or q
verse claim filed and they shall be allowed t
amount fixed by law for reducing ties
mony to writing, when done in Land Office, su
fees and allowances to be paid by the respect
parties and no other fees shall be charged
! than N guph Nothing IN this oh n II
construed to enlarge or affect the rights of eitl
party in regard to any property in controversy
| the time of the passage of this act, or Of the
entitled IAN act granting the right Of way
ditch and canal owners over the public Ian
and for other purposes" approved July 26, Is
nor shall this act affect any right acquired UNI
said act; and nothing in this act shall be c.
strued to repeal, impair, or in any way affect
provisions of the act entitled IAN act grant
to A. Sutro the right of way and other privile
to aid in the construction Of a draining and
ploring tunnel to the Comstock Lode, in
State of Nevada" approved July 25th, 1866.
SEC. 49, That all afhdavits required to
made under this act, or the act to which il
amendatory may be verified before any off
authorized to administer oaths within the L
district where the claims may be situated
=, all testimony and proofs may be taken BET
any such officer, and, when duly certified by
officer taking the same, shall have the same Il
and effect as II taken before the Register
Receiver of the Land Office. In cases Of con
as to the mineral or agricultural character
= land, the testimony and proofs may be takeI
: herein provided, on personal notice of at Il
0 ten days to the opposing party; or if said p,
S cannot be found then by publication of at Il
n once week for thirty days in newspaper, +
d designated by the Register of the Land Offc
= published nearest the location of such land I;
G the Register shall require proof that such nc
= has been given.
t SEC IA. That where two or more veins in
d sect or cross each other, priority Of title s
J. govern, and such prior location shall be emit
Re to all ore or mineral contained within the 81
e OF intersections; Provided, however, That
e subsequent location shall have the right of
l. through said space Of intersection for the
h possesses OF the convenient working of the
ss mine; And provided also, That where tw
rs more veins unite, the oldest or prior loca
e. shall take the vein below the point of union
n GLIDING all the space of intersection.
er SEC. 10 That where non-mineral land
Is contiguous to the vein or lode is used or G
he pied by the proprietor Of such vein or lod
De mining or milling purposes, such non ad ia
Of surface ground may be embraced and incl
il in an application for patent for such vel
o. lode, and the same may be patented therev
m subject to the same preliminary requiren
II as to survey and notice as are applicable u
lie this act to veins or lodes: Provided, Thu
ce location hereafter made Of such non-adjs
IN land shall exceed five acres, and paymen
ID the same must be made at the same rate as
f. by this act for the superhcies Of the lode.
Sc owner of quartz mill or reduction works
m owning q mine in connection Herewith,
be also receive q patent for his mill site, as D
as ded in this section.
SEC. 16. That all acts and parts of acts IN
DO sistent herewith are hereby repealed Prov
be That nothing contained in this act shall be
he strued to impair, in any way, rights or int
a., int