Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-04

y ices ard .ie the certificate and description
by the eyOr-General, vhereupon the register
shall certify the proceedings and judgment-roll
10 the Commissioner the Land Office. as in the
preceding case, and patents shall issue TO the
several parties according 10 their respective
rights. Proof a citizenship under this act or
the act Of July 26th lsG6, and July O. 1870 in the
case Of an individual, may consist in his own
affidavit thereof, and in case of an association Of
persons unineorporased 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 or 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 10
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-
yeyed 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
Of way to ditch and canal owners over the public
twenty sixth. eighteen hundred and sixty-slI,
are hereby repealed. but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to 8 fnal 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-siIth, eighteen
hundred and sixty-siI, 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 10 the proceedings to obtain
patent which shall he similar TO the proceed
ings prescribed by sections elk and seven Of this
act for obtaining patents TO vein or lode claims;
: but where said placer-clEins shall be upon sur
{ veyed lands and conform TO legal Subdivisions,
no further survey or plat shall be required and
f all placer mining claims hereafter located shall
conform a. near as practicable Win the u ltec
States system Of public land surveys and the
f rectangular Subdivisions Of such surveys, and
No such location shall include more than twenty
acres for each individual claimant. but where
plarer-c!a.Ias cannot be ooufurInsd 70 legal sub
division, survey and plat shall be made as OF
unsuryeyfd lands Provided, That proceedings
now pendIug may lie prosecuted TO their final
determination under existing laws: but the pro
visions Of this at. when not IN CONFLICT with ez-
listing laws, shall apply to such cases: And pro-
yided also, Thst where by the segregation Of
mineral land il any legal subdivision quantlt!
7 Of agricultural land less than forty acres IT,
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, associs-
ton or corporation in possession Of q placer.
claim, and also vein or lode included within
the boundaries thereof, application shall De
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 tho act entitled IAN act to amend an act
/ granting the right Of way to ditch and cana
/ 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 OF
/ 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 rat,
Of two dollars and fifty cents per acre, together
with all costs Of proceedings; and where vein Of
/ lode such as described in the second section o.
this act, is known to exist within the boundaries
Of q placer-elaim, an application for patent fo
such placer-claiun, which does not include an ap
! p}icatiOn for the vein or lode claim, shall b,
/ construed as a conclusive declaration that tn
/ ella mant of tho placer-claim has no right Il pos
+ session OF Inc vein OF lOue ClalLD' Out Wnert TN
existence Of o vein or lode in placerclatn is no
known, apatent for the placer-cla shall conve
all valuable mineral and other deposits withil
tn boundaries thereof.
SEC. ~ That the Surveyor General Of tn
/ United States may appoint in each land distriC
, containing mineral lands a. many competeI
, surveyors as shall apply for appointment to su,
. yey mining claims. The expenses of the surve
! Of vein or lode claims, and the survey and sui
{ divisioa Of placer claims into smaller quantitit
lpgI and har
the cost OF publication Of notices, shall be paid b
theappliCants and they shall be at liberty to oil
tain the same at the most reasonable rates, an
they shall also be at liberty to employ any Unite
States Deputy Surveyor to make the surye,
, The Commissioner of the General Land ono
shall also have power to establish the maximum
charges for surveys and publication of notice
under this act; and, in case of excessive charge
; for publication, he may designate any newspapt
published in land district where mines NJ
, situated, for the publication Of mining notice
I in such district, and fix the rates to be charge
by such paper and, to the end that the Commi
siOner may be fully informed on the subjec
. each applicant shall file with the Register
, sworn statement of all charges and fees paid /
said applicant for publication and surveys, +
n gether with all fees and money paid the Resist
and Receiver Of the land-oflice, which statemel
shall be transmitted, with the papers in Il
case to the Commissioner Of the General Lam
. Office. The fees OF the Register and the Il
q ceiver shall be FIVE dollars each for filing al
+ acting upon each application for patent or a
5 verse claim filed, and they shall be allowed Il
/. amount fixed by law for reducing tes
r mony to writing, when done in Land Office SUE
n fees and allowances to be paid by the respecti'
;, parties and no other fees shall be charged
n them i'll such cases. Nothing in this act shall
construed to enlarge or affect the rights of eth
Il party in regard to any property in controversy
n the time OF the passage of this act or Of the q
d entitled AN act granting the right Of way
N ditch and canal owners over the public land
n and for other purposes" approved July 26, lsd
o nor shall this act affect any right acquired und
said act; and nothing in this act shall be co
strued to repeal, impair, or in any way affect Il
i, | provisions of the act entitled IAN act grantil
/, to A. Sutro the right Of way and other privileg
a to aid in the construction OF draining and e
a ploring tunnel to the Comstock Lode, in Il
r. State of Nevada" approved July 25th 1866.
v SEC. -. That all affidavits required to
a made under this act, or the act to which it
, ameDdatory, may be verified before any oflic
n authorized to administer oaths within the lal
l. district where the claims may be situated, al
all testimony and proofs may be taken befo
4 any such officer, and, when duly certified by 4
officer taking the same, shall have the same for
y and effect il taken before the Register al
1 Receiver of the Land Office. In cases Of conte
. 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
$ cannot be found, then by publication of at lea
n ! once q week for thirty ia IN newspaper to
4 designated by the Register of the Land Office
: | published nearest the location OF such land al
the Register shall require proof that such mott
b. | has been given.
I SEC. IA. That where two or more veins int
j sect or cross each other, priority of title shi
. govern, and such prior location shall be entitl
q | to all ore or mineral contained within the spa
| of intersection: Provided, however, That {
o subsequent location shall have the right of w
? through said space of intersection for the PIT
h possesses of the convenient working OF the sa
: mine: And provided also, That where two
g more veins unite, the Oldest or prior locate
J., shall take the vein below the point OF union, i
l., Guiding all the space of intersection.
r SEC. 10. That where non-mineral land n
8 contiguous to the vein or lode is used or occ
q pied by the proprietor OF such vein or lode +
e mining or milling purposes, such non-adjace
# surface ground may be embraced and includ
II in an application for patent for such vein
}. lode, and the same may be patented therewit
n subject to the same preliminary requirener
# as to survey and notice as are applicable ind
a this act to veins or lodes Provided, That
. location hereafter made of such non-adjac
n land shall exceed five acres, and payment I
a the same must be made at the same rate as q <
+. by this act for the superhcies Of the lode. II
e owner of a quartz mill or reduction works, Il