Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-25


it shall appear, from the decision OF the court,
that several parties are entitled TO separate and
different portions Of the claim. each party may |
pay for his portion Of the claim, with the prop |
or fees, and file the certificate and description |
by the surveyor-General, wlfereupon the register
shall certify the proceedings and judgmentroll |
TO the Commissioner ofthe Land Office, as in the
/ preceding case, and patents shall Issue to the \
I several parties according TO their respective |
rights. Proof of citizenship under this act, or |
the act Of July 25th 1866, and July 2, 1870 in the
case of an individual. may consist in his own I
affidavit thereof, and in case of n 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
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 a
! 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 description thereof, but so as in no case
to interfere with or change the location OF any
such patented claim.
1 |. IL
six. of an act entitled An Act granting the right
of way to ditch and canal owners oyerthe public
lands, and for other purposes approved July
twenty-sixth. eighteen hundred and sinty-siS,
are hereby repealed.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
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 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-clsims cannot be conformed to legal SUBJ
division, survey and plat shall be made as on
unsurveyed 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-
sting laws, shall apply to such cases: And pro-
| vided also, That where by the segregation Of
mineral land in any legal subdivision q 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 q placer
claim. and also vein or lode included within
the boundaries thereof, application shall be
made for patent for the placerclaim, with the
statement hat il 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, snch as described in the second section Of
this act, is known to exist within the boundaries
of placer-claim, an application for patent for
such placer-claim, which does not include an ap-
| plcstion for the vein or lode claim, shall be
construed as 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 vein or lode in pacer-claim is not
known, apatent for the placerclaim shall convey
all valuable mineral and other deposits within
TIL boundaries thereof.
SEC. II That tho 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
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
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 statement
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 five dollars each for filing and
| hCuuB upon taCu application lOr patent or adj
verse claim filed, and they shall be allowed the
amount fixed by law for reducing testi-
mony to writing, when done in Land ONCE, 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 affect the rights of either
party in regard to any property in controversy at
the time OF the passage of this act, Of the act
entitled IAN act granting the right of way to
ditch and canal owners over the public lands,
and for other purposes" approved July 90, 1866
nor shall 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 IAN act granting
to A. sntro 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, 1906
SEC. Is. That all affidavits required to be
D made under this act, or the act to which it Is
, amendatory, may be verified before any officer
authorized to administer oaths within the land
: district where the claims may be situated, and
3, all testimony and proofs may be taken before
] any such officer and, when duly certified by thu
officer taking the same shall have the same fore,
! and effect as If taken before the Register ant
/ Receiver Of the Land Office In cases Of contes
as to the mineral or agricultural character o
land, the testimony and proofs may be taken q
herein provided, on personal notice of at less
ten days 70 the opposing party OF II said part,
! once week for thirty days in newspaper to b,
! designated by the Register of the Land Once Al
published nearest the location Of such land; ant
the Register shall require proof that such motto,
has been given.
SEC. IA. That where two or more veins inter
sect or cross each other, priority Of title shall
+ govern and such prior location shall be entitled
to all ore or mineral contained within the spac,
e of intersection: Provided, however, That tn,
8 subsequent location shall have the right Of wa,
: through said space Of intersection for the pur
d possesses of the convenient working Of the sal,
mine: And provided also. That where two O
8 more veins unite, the oldest or prior locatio,
: shall take the vein below the point Of union, in
: cmding all the space of intersection.
r SEC. 10. That where non-mineral land no
$ contiguous to the vein or lode is used or occu
e pied by the proprietor of such vein or lode TO
E mining or milling purposes, such non djacen
I surface ground may be embraced and included
l in an application for patent for such vein o.
: lode, and the same may be patented Herewith
subject to the same preliminary requirement.
I as to survey and notice as are applicable under
g this act to veins or lodes Provided, That M
Q location hereafter made Of such non-adjacen
q land shall exceed Ave acres, and payment 70,
1 the same must be made at the same rate q 6xet
: by this act for the superficies Of the lode tn,
e owner of quartz mill or reduction works, MOI
A owning mine in connection Herewith, ma,
also receive patent for his mill -site as proyi
a al i,,f &c