Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-12

Fay for his portion Of the claim. with the prop
or fees and file the certificate and description
b. the Surveyor-General, whereupon the register
shall certify the proceedings and Judgment-ron
to the Commissioner ofthe 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 3, 1870 in the
case Of an 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 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 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 q
patent for mining claim to any person what
ever.
SEC 8. 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 snail DC
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 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 act entitled An Act granting the right
of way to ditch and canal owners overthe public
lands, and for other purposes, approved July
twenty sixth. eighteen hundred and sixty-six,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to a 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 to the proceedings to obtain
a 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-clGims cannot be conforned TO legal sub
division, survey and plat shall be made as on
ulsufNtNtu laGls. 1TONiutu, lUhN
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-
listing laws, shall apply to such cases: And pro-
vided also, That where by the segregation oil
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. IL. That where the same person, associa-
IDp
claim, and also + vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claiIn, with the
statement that it includes such vein or lode, and
in such 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, such as described in the second section Of
this act, is known to exist within the boundaries
Of a placer-clGim an application for patent for
such placer-claim, which does not include an ap-
plication for the vein or lode claim, shall be
construed as q conclusive declaration that the
ella mant of the placer-claim has no right of pos
session Of the vein or lode claim but where the
existence of vein or lode in placer-ca is not
known, patent for the placer-claim shall convey
all valuable mineral and other deposits within
tn boundaries thereof.
SEC. IL That the Surveyor-Geueral 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 surve,
of vein or lode claims, and the survey and sub
divisior of placer claims INTO smaller quantitie
! than one hundred and sixty acres, together witt
the cost of publication of notices shall be paid by
| heapplicants, 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 Ofic,
| shall also have power to establish the maximum
| charges for surveys and publication of notice
under this act; and, in case of excessive charger
| for publication, he may designate any newspape
| published in land district where mines ar,
| situated, for the publication of mining notice
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 b.
said applicant for publication and surveys, &c
gether with all fees and money paid the Resste
| and Receiver of the land-office, which statemen
shall be transmitted, with the papers in tn
case, TO the Commissioner of the General Land
Office. The fees of the Register and the X,
ceiyer shall be five dollars each for hliug an
acting upon each application for patent or nc
verse claim filed, and they shall be allowed til
amount fixed by law for reducing test
mony to writing, when done in Land Office, sue
fees and allowances to be paid by the respectiy
parties; and no other fees shall be charged b
them in such cases. Nothing in this act shall b
construed to enlarge affect the rights of eitht
party in regard to any property in controversy
the time OF the passage of this act, or Of the n,
entitled "An act granting the right of way I
| ditch and canal owners over the public land
and for other purposes" approved July &c, 1856
nor shall this act affect any right acquired undo
said act; and nothing in this act shall be col
strued to repeal, impair, or in any way affect IL
provisions of the act entitled can act grantI
to A. Sutro the right Of way and other priYileg,
4 to aid in the construction of dyainng and q
| ploring tunnel to the Comstock Lode in Il
r State OF Nevada approved July Goth, 1866.
Y SEC. l3. That all afiidavits required to
4 made under this act, or the act to which it
/, amendatory, may be verified before any ofic
4 authorized to administer oaths within the laI
: district where the claims may be situated, al
all testimony and proofs may be taken befo
j any such officer, and, when duly certified by Il
' officer taking the same, shall have the same for
, and effect as If taken before the Register al
, Receiver of the Land Office. In cases of conte
Us to the mineral or agricultural character
land, the testimony and proofs may be taken
herein provided on personal notice of at lea
ten days to the opposing party; or if said par
! cannot be found, then by publication of at lea
! once week for thirty days in newspaper, to
| designated by the Register of the Land Office
published nearest the location of such land 81
: the Register shall require proof that such mott
has been given. ..a.
/ SEC. Il. That where two or more veins int
| sect or cross each other, priority of title shi
: govern, and such prior location shall be entitl
g to all ore or mineral contained within the spa
e of intersection: Provided, however That {
9 subsequent location shall have the RIGHT of W
: through said space of intersection for the pl
\ possesses of the convenient working of the ia
= mine: And provided also, That where two
s more veins unite. the Oldest or prior locati
: shall take the vein below the point of union,
/. | GLIDING all the space of intersection.
r SEC. 10. That where non-mineral land \
! contiguous to the vein or lode is used or occ
E pied by the proprietor of such vein or lode 1
3 | mining or milling purposes, such non-adjace
{ | surface ground may be embraced and includ
/ | in an application for patent for such vein
/. lode, and the same may be patented therewit
1 | subject to the same preliminary requirenleI
{ as to survey and notice as are applicable und
q this act to veins or lodes: Provided, That
o | location hereafter made of such non-adjace
D land shall exceed five acres, and payment I
4 the same must be made at the same rate as fix
: by this act for the superfcies of the lode. II
q owner Of quartz mill or reduction works, Il
o owning mine in connection Herewith, m
e also receive patent for his mill-site, as pro
3 ded in this section.
SEC. 16. That all acts and parts Of acts inco