Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-25

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pay for his portion Of the claim with the prom.
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 ofthe Land Office, as in the
preceding case, and patents shall issue to thu
several parties according to their respectiv.
rights. Proof of citizenship under this act o,
the act Of July goth 1866 and July 3, 1870 in tn.
case Of an individual, may consist In his owl
affidavit Thereof and in case of an association o,
persons unineorporated of the AFFIDAVIT Of theii
authorized agent. made on his own knowledge OF
upon information and belief, and in case of
corporation organized under the laws OF tn,
United States OF OF any State or Territory of the
United States by the Ming of certified copy o.
their charter or certificate Of Incorporation; AM
nothing herein contained shall be construed t
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 lod,
claims. upon surveyed lands, shall designate thu
location of the claim with reference TO the line
of the public surveys, but need not conform
therewith; but where patent shall b
issued 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 tn,
plat or description thereof, but so as in no cas-,
to interfere with or change the location Of AM
such patented claim.
SEC. 8. That sections one, two, three. four snt
of way to ditch and canal owners over the publ,
lands, and for other purposes, approved July
twenty sixth. eighteen hundred and sixty-six
nre hereby repealed, but such repeal shall not
affect existing rights. Applications for patent,
for mining claims now pending may be prose
cuted to q final decision in the General Land
Office; but in such cases where adverse right
are not affected thereby, patents may issue il
pursuance of the provisions of this act and al
patents for mining claims heretofore issued
tba agf nj Iftlv -u,v
hundred and siXty-six, shall convey all the right,
and privileges conferred by this act where ne
adverse rights exist at the time Of the passage Of
this act.
SEC. 10. That the act entitled AN Act tC
amend an act granting the right Of way to ditcl
and canal owners over the public lands, and fol
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 10 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
yeyed lands, and conform to legal subdivisions
no further survey or plat shall he 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
unsuryeysd lands: Provided, That proceedings
now pending may be prosecuted 10 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 II. That where the same person, associa-
ton or corporation in possession of a placer
claim, and also vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-clam, with the
that it includes such vein or lode, and
In such case Subject to the provisions of this
lct 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
md 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
ode 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 placer-claim, an application for patent for
such placer-claim, which does not include an ap-
plication for the vein or lode claim, shall be
as a conclusive declaration that the
claimant 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 placer claim is not
known, apatent for the placer-clsim shall convey
all valuable mineral and other deposits within
tn boundaries thereof.
SEC. u That the Surveyor General Of the
United States may appoint in each land district
containing mineral lands as many competent
surveyors us shah 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
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 Resistel
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 ant
acting upon each application for patent or ad
verse claim filed, and they shall be allowed tn,
amount fixed by law for reducing testi
mony to writing, when done in Land Office, suci
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 o.
the time of the passage of this act, or Of the ac
entitled IAN act granting the right Of way tt
ditch and canal owners over the public lands
and for other purposes" approved July 26, 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
to aid in the construction of a draining and ex
ploring tunnel to the Comstock Lode in tn
State of Nevada" approved July 25th, 1866.
SEC. ID. That all affidavits required to b
made under this act, or the act to which it i
amendatory, may be verified before any Office
authorized to administer oaths within the Ian
district where the claims may be situated an
all testimony and proofs may be taken befor
any such officer, and, when duly certified by tn
officer taking the same, shall have the same fore
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
lana, the testimony and proofs may be taken q
herein provided, on personal notice of at Leaf
ten days to the opposing party; or II said part
cannot be found then by publication of at leas
once week for thirty days in newspaper, TO b
designated by the Register of the Land Office q
published nearest the location of such land; an
the Register shall require proof that such motto
has been given.
SEC. IA. That where two or more veins inte
sect or cross each other, priority of title sha
govern, and such prior location shall be entitle
to all ore or mineral contained within the spaS
Of intersection: Provided, however, That HI
subsequent location shall have the right of wa
through said space Of intersection for the pu
possesses of the convenient working Of the sal
mine: And provided also, That where two ,
more veins unite, the Oldest or prior locatio
shall take the vein below the point of union ii
GLIDING all the space of intersection.
SEC IS. That where non-mineral land n,
contiguous to the vein or lode is used or occl
pied by the proprietor Of such vein or lode Il
mining or milling purposes, such non.adj aceI
surface ground may be embraced and include
in an application for patent for such vein
lode, and the same may be patented therewitl
subject to the same preliminary requirement.
as to survey and notice as are applicable unds
this act to veins or lodes: Provided, That Z
location hereafter made of such non-adjacel
land shall exceed five acres, and payment (,
the same must be made at the same rate a. fxe
by this act for the superfcies Of the lode tt
owner of a quartz mill or reduction works, NJ
owning q mine in connection Herewith, ms
also receive patent for his mill-site, as prov
1aI tv,t 4, tQ