Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-02

! the Commissioner ofthe Land Once, as in the
receding case, and patents shall issue to the
eVernl parties according to their respective
ights. Proof Of citizenship under this act, or
be act Of July 26th 1866, and July ., 1870, in the
ase Of an individual, may consist in his own
fhdayit thereof, and in case of an association OF
lersous unincorporated of the affidavit of their
uthoriEed agent, made on his own knowledge or
mon Information and belief, and in case of
0rpOration organized under the laws OF the
;nited States or Of any State or Territory OF the
United States, by the filing Of certified copy OF
heir charter or certificate Of incorporation; and
Nothing herein contained shall be construed to /
prevent the alienation Of the title conveyed by |
latent for Q mining claim to any person what |
'yeF.
SIC. g. That the description Of vein or lode |
'laims. upon surveyed lands, shall designate the
ocatiou OF the claim with reference to the lines
If the public surveys, but need not conform
herewith; but where patent shall De
ssued as aforesaid for claims upon unsur-
geyed lands. the Surveyor General in extending
he surveys. shall adjust the same to the boun-
laries OF such patented claims, according to the
plat or description thereof, but SO as in no case
10 interfere with or change the location OF any
such patented claim.
SEC. .. That sections one. two, three. four and
six, Of al 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-slN,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to d final decision i'll 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 sXty-siN, shall convey all the nights
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, ana Tor
other PURPOSES approved July ninth, eighteen
hundred and seventy, shall be and remain III
full force except as to the proceedings to OBTAIN
d patent which shall be similar to the proceed
ings prescribed by sections six and seven OF TINS
act for obtaining patents TO vein or lode CLAIMS
but where said placer-claiIas shall be upon sur
yeyed lands and conform to legal subdivisions,
no further survey or plat shall be required and
all placer mining claims hereafter located snail
conform Ss near as practicable with the United
States system Of public land surveys and the
rectangular subdivisions Of such surveys, ana
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
unsurveyt d lands: Provided, That proceedings
now pending may be prosecuted TO their maj
determination under existing laws but the pro-
visions Of this act, when not in conflict with er-
listing laws, shall apply to such cases: And pro.
vided 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 pre-emption purposes
SIC H. That where the same person, associa-
ton 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 that 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 oil
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 rate
OF two dollars and fifty cents per acre, together
with all costs OF proceedings; and where avein Of
lode, such a. described in the second section o.
this act is known to exist within the boundaries
OF placer-claim all application for patent fol
such placer-claim which does not include an ap
plication for the vein or lode claim, shall b'
/ construed az a conclusive declaration that tn
ella mant of the placer-claim has no right If pos
session Of the vein or lode claim but where tn
existence of a vein or lode i'll placer-claim is no
/ known, patent for the placer-claim shall conve
all valuable mineral and other deposits With
| the boundaries thereof.
SEC. 10 That the Suryeyor-Ge of tn
United States may appoint i'll each land distriC
containing mineral lands as many competeI
surveyors as shall apply for appointment tC su
vey mining claims. The expenses of the surve
of vein or lode claims, and the survey and sui
division of placer claims into smaller quantitit
than one hundred and sixty acres, together wit
the cost of publication of notices shall be paid
theapplicants, and they shall be at liberty to oil
tain the same at the most reasonable rates, ali
they shall also be at liberty to employ any Unite
States Deputy Surveyor to make the surve.
The Commissioner of the General Land Otht
shall also have power TO establish the maximum
charges for surveys and publication of notic'
under this act; and, in case of excessive charg
, for publication, he may designate any newspap
published in land district where mines q
situated, for the publication of mining motto
in such district, and fix the rates to be charg,
by such paper; and, to the end that the Commi
5 siOner may be fully informed on the subjec
. each applicant shall file with the Register
, sworn statement of all charges and fees paid
Q said applicant for publication and surveys,
A gether with all fees and money paid the Resist
j. and Receiver Of the land-ofiice, which stateme
| shall be transmitted with the papers in t
, | case, to the Commissioner Of the General Lar
. Office. The fees Of the Register and the
q ceiver shall he five dollars each for filing a
f acting upon each application for patent or
S Verse claim filed, and they shall be allowed
amount fixed by law for reducing ties
n mony to writing, when done in Land Office, su
n fees and allowances to be paid by the respecti
=. parties; and no other fees shall be charged
n them in such cases. Nothing in this act shall
L. construed to enlarge or affect the rights of eitl
1t party in regard to any property in controversy
N the time OF the passage of this act. or of the
id entitled AN act granting the right of way
10 ditch and canal owners over the public Ian
m and for other purposes" approved July 90, IS
10 nor shall this act affect any right acquired I'M
said act and nothing in this act shall be C
"a srued to repeal, impair, or in any way affect
b. provisions Of the aN entitled "An act grant
n, to A. Sutro the right Of way and other privile
n to aid in the construction Of u draining and
ed ploring tunnel 10 the Comstock Lode, in
or State OF Nevada" approved July 25ih, 1866.
nv SEC. -. That all affidavtR required to
a made under this act, or the act to which il
r. ameDdatory, may he verified before any off
m authorized to administer oaths within the !
III district where the claims may be situated
Al | all testimony and proofs may be taken BET
IN any such officer, and, when duly certified by
Dy officer taking the same, shall have the same f
nv and effect as II taken before the Register
III Receiver Of the Land Office. In cases of con
IL as to the mineral or agricultural character
e. land, the testimony and proofs may be takel
It. herein provided, on personal notice of at Il
yo ten days to the opposing party; or If said pi
as cannot be found, then by publication of at l.
in once week for thirty days in a newspaper, I,
ed designated by the Register of the Land Ofic
W. published nearest the location Of such land ;
he the Register shall require proof that such nc
10. has been given.
lat SEC. IA. That where two or more veins in
cd sect or cross each other, priority of title 3
TO- govern, and such prior location shall be emit
he to all ore or mineral contained within the 81
he of intersection: Provided, however, That
NO subsequent location shall have the right of
IN. through said space of intersection for the
in possesses of the convenient working Of the
les mine: And provided also, That where tw,
.rs more veins unite, the Oldest or prior loca
re- shall take the vein below the point Of union
m GLIDING all the space of intersection.
Ter SEC. 10. That where non-mineral land
,ts contiguous to the vein or lode is used or o
he pied by the proprietor of such vein or lode
be mining or milling purposes. such non-adja
of surface ground may be embraced and melt
ALI in an application for patent for such vel
10 lode, and the same may be patented thereu
on subject to the same preliminary requiem
II as to survey and notice as are applicable VI
he this act to veins or lodes: Provided, Ths
ice location hereafter made Of such non-adja
on land shall exceed five acres, and paymen
led the same must be made at the same rate as
Of by this act for the superfcies of the lode.
rse owner of q quartz mill or reduction works
ON owning mine in connection Herewith,
be also receive patent for his mill-site, as pl
,as ded in this section.
SEC. 16. That all acts and parts Of acts in
be sistent herewith are hereby repealed: Provi
he That nothing contained in this act shall be
he strued to impair, in any way, rights or intel
pa. in mining property acquired under existing i
70. Approved May TO- 1872.