Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-26

pay for his portion Oh the clalm, WITH the prop
er fees and file the certificate and description
by the surveyor-General, whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner the Land Office, as 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 Q, 1870 in the
case Of al 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 OF |
upon information and belief, and In case Of I
corporation organized under the laws o! the l
United States or OF any State or Territory Of the
United States. by the filing of certified copy of 1
their charter or certificate Of incorporation; and |
nothing herein contained shall be construed to 1
prevent the alienation Of the title conveyed by a
patent for mining claim to any person what |
ever.
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- I
yeyed lands, the Surveyor General in extending
the surveys, shall adjust the same to the boun-
diaries 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 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 eighteen hundred and sixty-s1x,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to q 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 tventy-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 TO- 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
hundred and seventy, shall be 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 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 more 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
unsurveysd lands: Provided, That proceedings
now pending may be prosecuted TO their final
uIutT tAlstluR LAVE but pfO-
visions Of this act, when not in conflict with e1-
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 qualihed by
law, for homestead or prescription purposes.
SEC. II. That where the same person, associa-
tion or corporation in possession OF placer
claim, and also a vein or lode included within
the boundaries thereof. application shall be
made for patent for the placer-claim, with the
statement hat it 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 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 whore vein or
lode, such as described in the second section Of
this act, is known to exist within the boundaries
Of placer-clain, IN application for patent for
such placer-claim, which does not include an ap-
plication for the vein or lode claim, shall be
construed as a conclusive declaration that the
ella mant of the placer-claim has no right o pos
session Of the vein or lode claim; but where the
existence OF VEN or lOue IN placGr-clhln as not
known. apatent for the placer-claim shall convey
all valuable mineral and other deposits within
til 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 shall apply for appointment to sur.
vey mining claims The expenses of the survey
of vein or lode claims, and the survey and sub
| division of placer claims into smaller quantities
than one hundred and sixty acres, together with
the cost of publication of notices shall be paid by
the 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 the end that the Commits
sioner may be fully informed on the subject
each applicant shall file with the Register q
| sworn statement Of all charges and fees paid by
said applicant for publication and surveys, to.
gether with all fees and money paid the Resister
and Receiver of the land-office, which statemen,
shall be transmitted, with the papers in the
case to the Commissioner Of the General Land
Office. The fees OF the Register and the Re
ceiver shall be i've dollars each for filing ant
acting upon each application for patent or nd
amount fixed by law for reducing test
mony to writing, when done in Land Office, sucl
fees and allowances to be paid by the RESPECTIVE,
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 a
the time of the passage of this act, or Of the &C
entitled can act granting the right Of way Il
ditch and canal owners over the public lands
and for other purposes" approved July &c, 1866
nor shall this act affect any right acquired unde
said act; and nothing in this act shall be con
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 and other privilege
a to aid in the construction Of draining and ex
ploring tunnel to the Comstock Lode, in tn
r State of Nevada" approved July 25th, 1866.
y SEC. 10. That all afidavits required to b
a made under this act, or the act to which it
!, amendatory, may be verified before any Office
q authorized to administer oaths within the Ian
/ district where the claims may be situated an
, all testimony and proofs may be taken befor
n any such officer, and, when duly certified by Il
officer taking the same, shall have the same fort
Y and effect as II taken before the Register an
Receiver Of the Land Office In cases Of conte
/. as to the mineral or agricultural character
+. | land, the testimony and proofs may be taken
: herein provided, on personal notice of at lea
o ten days to the opposing party; or If said par,
S cannot be found, then by publication of at lea
n once week for thirty days in a newspaper, to
4 designated by the Register of the Land ONCE
\
e the Register shall require proof that such mott
}. has been given.
i SEC. IA. That where two or more veins int
sect or cross each other, priority of title sha
l. govern and such prior location shall be entitl,
le to all ore or mineral contained within the spa
e of Intersections Provided, however, That II
10 subsequent location shall have the right of WI
l. through said space Of intersection for the pu
h possess of the convenient working Of the 50
- mine: And provided also, That where two
IS more veins unite, the Oldest prior locati,
q shall take the vein below the point Of union,
!. GLIDING all the space of intersection.
n SEQ. Is. That where non-mineral land n
Is contiguous to the vein or lode is used or occ
e pied by the proprietor of such vein or lode
,e mining or milling purposes, such non-adjace
# surface ground may be embraced and inolud
Ii in IN application for patent for such vein
D lode, and the same may be patented therewit
N subject to the same preliminary requiTenieI
II o. to survey and notice as are applicable und
re this act to veins or lodes: Provided, That
,e location hereafter made Of such non-adjace
N land shall exceed Ave acres, and payment I
d the same must be made at the same rate as hx
f. by this act for the superfcies Of the lode. T
se owner of quartz mill or reduction works, n
m owning q mine in connection Herewith, m
,e also receive patent for his mill-site, as pro
rs ded in this section.
SEC. l6. That all acts and parts Of acts inco