Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-14

pay for his portion OF the claim, with the prop
er foes, and file the certihcate ana Description
hy the Surveyor-General, whereupon the register
shall certify the proceedings and judgmentron
To the Commissioner Of the Land Ofice, e. in the
preceding case. and patents shall issue to the
several parties according TO their respective
rights. Proof Of citizenship under this act. OF
the act Of July 26th ls65. and July o. 1870 in the
case O: an individual, may consist in his Own
AFFIDAVIT thereof, and in CT association Of
persons unincorporsted OF TIE 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 Territory of the
United States, by the filing OF certified copy of
their charter or certificate Of Incorporation; and
nothing herein contained shall he construed to
prevent the alienation of the title conveyed by
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 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-
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.
SEC. Q. That sections one. two. three. four and
six. OF an act entitled An act granting the right
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are hereby repealed, but such repeal shall not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 he prose
clted to o final decision in the General Land
Office; bu. in such cases where adverse rights
sire not affected thereby, patents may issue IN
pursuance Of the provisions of this act; and all
patents for mining claims heretofore issued
under the &C. Of July twenty-sixth, eighteen
4 "a, els, hall f1lar
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 Tor
other purposes approved July ninth, eighteen
hundred and seventy. shall be and remain In
full force except as to the proceedings 10 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 plscer-claime shall be upon sur
veyed lands, and conform to legal subdivisions,
no further survey or plat shall lie required, and
all placer mining claims hereafter located shall
conform near practicable with the United
States system Of public land surveys and the
rectangular subdivisions OF such surveys, aud
no such location shall include more than twenty
acres for each individual claimant, but where
placer-clsims cannot be conformed to legal sub
division survey and plut shall be made on
now pending may be prosecuted to their final
determination under existing laws; but the pro-
visions Of this act, when not In conflict with eI-
listing laws, shall apply to such cases: And pro.
vided also That where by the aggregation 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-
iOp pr n
claim, and also vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-caim, with the
statement hat it includes such vein or lode, and
In such case Subject to the provisions Of this
act and the &C, 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, is known to exist within the boundaries
of plscer-clafn, all application for patent for
such placer-claim. which does not include an ap-
plication for the vein OF lode claim, shall be
ella mant of the placer-claim has no right of pos
session Of the vein or lode claim; but where the
existence of vein lode in placer-claim is not
known. apatent for the placer claim 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 district
containing mineral lands rs many competent
surveyors as shall apply for appointment to sur
yey mining claims. The expenses of the survey
M
division of placer claims INTO smaller quantities
than one hundred and sixty acres, together will
the cost OF publication Of notices shall be paid by
theapplicants 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 charged
for publication, he may designate any newspaper
published in land district where mines ar,
situated for the publication of mining notice.
in such district and fix the rates to be charged
by such paper; and, 10 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, to
| gether with all fees and money paid the Resiste
and Receiver of the land-otiice, which ststemen
| shall be transmitted, with the papers In tn
| case. to the Commissioner Of the General Land
Office. The fees of the Register and the Re
ceiver shall be FIVE dollars each for filing all
acting upon each application for patent or ad
verse claim filed, and they shall be allowed tn
amount fixed by law for reducing test
mony to writing, when done in Land Office, sue
fees and allowances to be paid by the respectiv
parties and no other fees shall be charged b
them in such cases. Nothing in this act shall b
construed to enlarge or affect the rights of eithe
party in regard to any property in controversy
the time OF the passage OF this act, or Of the &C
entitled "An act granting the right of way
ditch and canal owners over the public land
and for other purposes" approved July &c, 186,
nor shall this act affect any right acquired uhde
said act; and nothing in this act shall be COZ
strued to repeal, impair, or in any way affect tn
provisions Of the act entitled IAN act grantin
to A. Sutro the right Of way aud other privileg,
to aid in the construction Of q draining and el
poring tunnel to the Comstock Lode, in Il
State OF Nevada" approved July % h, 1866.
SEC. Is. That all afidsvits required to
made under this act, or the act TO which 1t
amendatory, may be verified before any offic
authorized to administer oaths within the lal
district where the claims may be situated, Al
all testimony and proofs may be taken befo
any such officer, and, when duly certified by Il
officer taking the same, shall have the same for
and effect as If taken before the Register al
Receiver Of the Land Office. In cases Of corfe
| lend, the testimony and proofs may be taken
herein provided, on personal notice Of At les
ten days to the opposing party; or If said par
cannot be found then by publication of at les
once q week for thirty days in newspaper, to
designated by the r. gister of the Land Office
published nearest the location Of such land; q
the Register shall require proof that sue mott
mas been given. N r
SEC. IA That where two or more veins INT,
! sect or cross each other priority Of title Oh,
govern, and snch prior location shall be entitl
E to all ore or mineral contained within the spa
. OF intersection: Provided, however, That /
I subsequent location shall have the right OF v
through said space Of intersection for the p,
possesses Of the convenient working OF the u
mine: And provided also, That where two
, more veins unite, the oldest or prior locati
shall take the vein below the point of union,
GLIDING all the space ofintcrsection.
SEC. is. That where non-minersl land I
, contiguous to the vein or lode 10 used or oc<
, pied by the proprietor Of such vein or lode 1
, mining or milling purposes, such non.adjace
I surface ground may be embrsoed and includ
In an application for patent for such vein
lode, and the same may be patented therewii
, subject to the same preliminary requirenler
/ as TO survey and notice as arc applicable und
J this act to veins or lodes: Provided, That
} location hereafter made Of such non-adjace
! land shall exceed nve acres, and payment 1
| the same must be made at the same rate - az
by this act for the superhcies OF the lode. r
owner Of . quartz mill or reduction works, u
, owning . mine In connection herewith, M
also receive . patent for his mill.site. a. pro-