Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-06

different portions of the claim, each party may
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 judgment-roll
to the Commissioner ofthe Land Once. Is 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 26th 1866, and July g. 1870 in the
case of an individual, may consist in his own
affidavit thereof, and in case of an association of
persons unincorporated OF the affidavit Of their
authorized agent, made on his own knowledge or
upon information and belief, and in case of 3
corporation organized under the laws of the
United States, of any State or Territory of the
United States by the filing Of q 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 q
patent for mining claim to any person what
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
Herewith: but where a patent shall be
issued as aforesaid for claims upon unsur-
veyed lands, the Surveyor General in extending
the surveys, shall adjust the same to the boun-
dares of such patented claims. according to the
plat or description thereof, but SO rs in no case
to interfere with or change the location of any
such patented claim.
SEC. 9. 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-sixth. 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are hereby repealed, but such repeal shall not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 be prose
cuted to 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 all
patents for mining claims heretofore issued
under the act OF July twenty sixth, eighteen
hundred and sixty six 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.
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
hundpsd and seventy, shall be and remain in
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 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 mere 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
uHsufNtytU ldllus. frON1ueu, l0dL
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-
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.
SEC. IL. That where the same person, associa-
1 zion tv, AfA y.1a
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 1t includes such vein or lode and
in such case Subject to the provisions of this
act and the act entitled can 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 Of
! lode claim, and twenty-five feet Of surface OF
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 rat,
Of two dollars and fifty cents per acre, together
with all costs of proceedings; and where vein Oh
| lode, such as described in the second section o.
this act, is known to exist within the boundaries
| ola placer-claim, an application for patent fol
such placer-claim, which does not include an ap
| plication for the vein or lode claim, shall b,
| construed as conclusive declaration that tn,
| claimant of the placer-claim has no right o + pos
session Of the vein or lode claim; but where tn,
existence of vein or lode in placer claim is no
| known, apatent for the placer-claim shall CONVEX
| all valuable mineral and other deposits within
tn boundaries thereof.
SEC. IL 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
vey mining claims The expenses of the surve
of vein or lode claims, and the survey and sui
division of placer claims into smaller quantite
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 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 Comni.
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, Il
gether with all fees and money paid the Resists
and Receiver Of the land office, which statemeI
shall be transmitted, with the papers in IL
case, to the Commissioner of the General Ian,
Office, The fees of the Register and the r.
| ceiver shall be five dollars each for filing an
I acting upon each application for patent or a,
verse claim fled and they shall be allowed Il
amount fixed by law for reducing test
mony to writing when done in Land Office, sue
fees and allowances to be 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
t party in regard to any property in controversy
the time OF the passage OF this act, or Of the o
4
, ditch and canal owners over the public land
! and for other purposes" approved July &c, 1S6
D nor shall this act affect any right acquired und
said act; and nothing in this act shall be CO
strued to repeal impair, or in any way affect Il
. provisions of the act entitled "An act grantil
, to A. Sutro the right of way and other privileg
a to aid in the construction Of draining and e
ploring tunnel to the Comstock Lode, in Il
# State of Nevada" approved July 25th, 1866.
y SEC. 10. That all afidavts required to
q made under this act, or the act to which it
D. amendatory, may be verified before any ofhl
n authorized to administer oaths within the la
j. district where the claims may be situated, a
|, all testimony and proofs may be taken befc
n any such officer, and, when duly certified by I
v officer taking the same, shall have the same fol
y and effect as II taken before the Register q
h Receiver of the Land Office. In cases Of cont,
J. as to the mineral or agricultural character
: land, the testimony and proofs may be taken
+ herein provided, on personal notice of at le
o ten days to the opposing party; or if said pal
IS cannot be found, then by publication of at le
n once a week for thirty days in newspaper, to
d designated by the Register Of the Land Office
= published nearest the location Of such land; q
q the Register shall require proof that such not
j. has been given.
It SEC IA That where two or more veins int
d sect or cross each other, priority Of title sh
& govern, and such prior location shall be EMIT
le to all ore or mineral contained within the SD
lie of intersection: Provided, however, That
lg subsequent location shall have the right Of v
D. through said space of intersection for the D
h possesses of the convenient working of the 8
90 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,
a. GLIDING all the space of intersection.
n SEC Is. That where mineral land
Is contiguous to the vein or lode is used or &C
e pied by the proprietor Of such vein or lode
Ne mining or milling purposes, such non-adjac
If surface ground may be embraced and inclut
II in an application for patent for such vein
D lode, and the same may be patented therewi
n subject to the same preliminary recurrence
If as to survey and notice as are applicable unt
.e this act to veins or lodes: Provided, Thnt
"a location hereafter made of such non-adjac,
N land shall exceed five acres, and payment
d the same must be made at the same rate as q,
f. by this act for the superfcies of the lode. 7
,e owner of q quartz mill or reduction works,
N owning . mine in connection Herewith, n
Ne also receive patent for his mill-site, as pro
rs ded in this section. =
SEC. is. That all acts and parts of acts inc,
'e sistent herewith are hereby repealed: Provid
IFUra-