Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-07

| pay for his portion Of the claim with the prop
er fees, and file the certificate and description
by the surveycr-General. whereupon the regist@
shall certify the proceedings and Judgment -rol
to the Commissioner Of the Land Once, as in tn
preceding case. and patents shall issue to tn
| several parties according to their RESPECTIVE
rights. Proof of citizenship under this act, O
the act of july 18th 1866. and July 3. 1870, in tn
case OF an individual. may consist in his Owl
affidavit thereof. and in of an association o
persons unincorporated of the affidavit Of thei
authorized agent. made on his own knowledge ol
upon information and belief, and in case Of ;
corporation organized under the laws of th'
United States. or OF any State Territory of thu
United States, by the filing OF certified copy o
their charter or certificate OF Incorporation; AMI
nothing herein contained shall be construed :,
prevent the alienation of the title conveyed by
patent for mining claim to any person what
| ever.
SEC. 8. That the description of vein or lod,
claims. upon surveyed lands, shall designate tbs
location of the claim with reference to the lines
of the public surveys, but need not conform
Herewith; but where patent shall b,
issued as aforesaid for clsms upon unsur
yeyed lands the Surveyor General in extending
the surveys. shall adjust the same to the boun
| daries of such patented clsims, according to the
plat or description thereof, but 30 as in no case
to interfere with or change the location OF any
! such patented claim.
| SEC .. 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 publ,
lands, and for other purposes approved July
twenty sixth. eighteen hundred and sixty-six
are hereby repealed, but such repeal shall moi
affect existing rights. Applications for patent,
| for mining claims now pending may be prose
cuted to a 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 al
patents for mining claims heretofore issued
under the act of July twenty -sixth, eighteen
hundred and si1ty-six, shall convey all the rights
and privileges conferred by this act where NJ
adverse rights exist at the time Of the passage OF
| this act
SEC. TO- That the act entitled AN Act tc
amend an act granting the right of way to ditch
and canal owners over the public lands, and fol
other purposes. approved July ninth, eighteen
hundred and seventy, shall be and remain il
full force, except to the proceedings to obtair
patent which shall be similar to the proceed
ings prescribed by sections six and seven Of thi,
act for obtaining patents to vein or lode claims
but where said placer-claims shall be upon sur
yeyed 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 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
heres for each individual claimant, but where
/ plscer-claims cannot be conformed to legal sub
= division, survey and plat shall be made as on
unsuryeyfd 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.
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. IL. That where the same person, associa-
ton or corporation in possession of 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 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 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 costs Of proceedings; and where vein or
lode, such as described in the second section of
this act il known to exist within the boundaries
of plAcer-claim, an application for patent for
such placer-clan, which does not include an ap-
plication for the vein or lode claim, shall be
construed as a conclusive declaration that the
(
session Of the vein or lode claim; but where the
4 existence Of vein or lode in plaeer-clam is not
4 known apatent for the placer-claim shall convey
all valuable mineral and other deposits within
tn 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 survey
of vein or lode claims, and the survey and sub
divsio of placer claims INTO smaller quantities
/ than one hundred and sixty acres together with
the cost Of publication of notices shall be paid by
applicants, 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 are
situated for the publication of mining notices
in such district, and fix the rates to be charged
by such paper; and, to til end that the Commits
sioner may be fully informed on the subject,
each applicant shall file with the Register a
sworn statement Of all charges and fees paid by
said applicant for publication End surveys, to-
gether with all fees and money paid the Resister
and Receiver of the land-0fice, which statement
shall be transmitted. with the papers in the
case, to the Commissioner of the General Land
Once. The fees of the Register and the Re-
ceiver shall be five dollars each for filing and
acting upon each application for patent or ad.
verse claim filed, and they shall be allowed the
amount fixed by law for reducing testi-
mony to writing, when done in Land Office such
fees and allowances to be paid by the respective
parties; and no other fees shall be charged by
them in such cases. Nothing in this act shall be
construed to enlarge or affect the rights of either
party in regard to any property in controversy at
the time OF the passage of this act or of the act
entitled An act granting the right of way to
| ditch and canal owners over the public lands
and for other purposes" approved July &c, 1866
nor snail this act affect any right acquired under
/ said act; and nothing in this act shall be con.
strued to repeal, impair, or in any way affect the
/ provisions of the act entitled "An act granting
to A. Sutro the right of way and other privileges
| to aid in the construction of draining and ex
ploring tunnel to the Comstock Lode, in the
| State OF Nevada, approved July 25th, 1866
| SEC. ID. That all affidavits required to be
made under this act, or the act to which it il
amendatory, may be verified before any officer
! authorized to administer oaths within the land
| district where the claims may be situated and
all testimony and proofs may be taken before
any such officer, and, when duly certified by ths
officer taking the same shall have the same force
/ and effect as if taken before the Register and
Receiver of the Land Office. In cases Of contes,
as to the mineral or agricultural character Of
| land, the testimony and proofs may be taken a.
herein provided, on personal notice of at leas
ten days to the opposing party; or if said part,
|
once 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 such MOTTO
has been given.
| SEC. IA. That W lere two or more veins inter
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 intersections; Provided, however That tn
subsequent location shall have the right of wa,
through said space of intersection for the pur
possesses Of the convenient working Of the sal,
mine: And provided also, That where two O
more veins unite, the Oldest or prior Location
shall take the vein below the point of union. i'm
Guiding all the space of intersection.
SEC. Is. That where non-mineral land no
contiguous to the vein or lode is used or occu
pied by the proprietor Of such vein or lode TO
mining or milling purposes, such non jacen
surface ground may be embraced and include,
in an application for patent fer 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 unde
this act to veins lodes: Provided, That NJ
location hereafter made of such non adjacen
land shall exceed five acres, and payment 70
the same must be made at the same rate as fixe,
| by this act for the superfcies of the lode Tn
owner of quartz mill or reduction worka no