Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-16

lIcfrIt pOftlC1h OF the Claim. thcl party nay
sy for his portion Of the claim, with the prop
7 fees, and file the certificate and description
y the Suryeyor-Generzl, vhereupon the register
hall certify the proceedings and judgment-ron
o the Commissioner ofthe Land once, as in the
receding case, and patents shall issue to the
eyeral parties according TO their respective
lights. Proof Of citizenship under this act, or
he act Of July 2eth 1866, and July O. 1870, in the
sse of an individual, may consist in his own
ihdayit thereof, ana in case OF an association Of
,ersons unineorporsted Of the sfhdAyit Of their
authorized agent made on his own knowledge or
lpon Information and belief. and in case Of q
orporation organized under the laws OF the
,nited States. or Of any State Territory of tho
United States. by the filing Of 9 certified copy Of
heir charter or certificate Of incorporation. and
lothing herein contained shall be construed to
,reyent the alienation Of the title conveyed by q
,atent for q mining claim to any person what
yer.
SEC. 6. That the description Of vein or lode
'laims. upon surveyed lands, shall designate the
ocation Of the claim With reference TO the lines
II the public Surveys, but need not conform
herewith; but where patent shall be
ssued Aforesaid for claims upon unsur-
Eeyed lands, the Surveyor General in extending
he surveys. shall adjust tho same to ths boun-
iaries 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. 9. 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
lands, and for other purposes, approved July
twenty -si1th. eighteen hundred and sixty-s
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted TO q tnal 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 lights
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 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, ana conform TO legal subdivisions,
no further survey or plat shall be required, and
all placer mining claims hereafter located shall
conform as hear 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
division, survey and plat shall be made as on
unsuryey'd lands: Provided, That proceedings
now pending mBy be prosecuted to their final
under existing laws; but the pro-
visions Of this act, when not in conflict with e1-
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 pre-emption purposes.
SEC. IL. That where the same person, associs-
tion or corporation in possession Of placer
claim, and also vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-elaim, with the
state ment 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 10 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 an,
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 boundarie
Of placer-claim, an application for patent fo
such placer-elaim, which does not include an ap
plcation for the vein or lode claim, shall b,
construed as a conclusive declaration that thu
ella mRnt of the plAcer-clalm has no right o pos
session Of the vein or lode claim; but where tn,
existence Of vein or lode in placer. claim is no
known, patent for the placer-claim shall conve,
all valuable mineral and other deposits within
til boundaries thereof.
SIC. IL That the Surveyor General OF tn
United States may appoint in each land distric
containing mineral lands as many competer
surveyors as shall apply for appointment to SUI
vey mining claims, The expenses Of the surve
Of vein or lode claims and the survey and sui
division Of placer claims INTO smaller quantitie
than one hundred ard sixty acres, together wit
the cost Of publication Of notices shall be paid
the applicants and they shall be at liberty to OF
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 surve,
The Commissioner of the General Land Offe
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 a land district where mines al
situated, for the publication of mining notice
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 subiec
each applicant shall file with the Register
sworn statement Of all charges and fees paid
said applicant for publication and surveys, t
gether with all fees and money paid the Resist
and Receiver Of the land-othce, which statemel
| shall be transmitted, with the papers in Il
/ case, to the Commissioner of the General Ian
/ Office. The fees of the Register and the X
ceiver shall be five dollars each for filing al
/ acting upon each application for patent or a
verse claim filed, and they shall be allowed Il
amount fixed by law for reducing ties
mony to writing, when done in Land Office, SUI
fees and allowances to be paid by the respect
parties; and no other fees shall be charged
T.. u. ~
construed 10 enlarge or affect the rights of eth
party in regard to any property in controversy
the time OF the passage OF this act or Of the q
entitled AN act granting the right Of way
ditch and canal owners over the public lane
and for other purposes approved July 20, IS,
nor shall this act affect any right acquired und
said act; and nothing in this act shall be &C
strued to repeal impair, or in any way affect t
provisions of the act entitled ''An act grant,
to A, Sutro the right of way and other privilet
to aid in the construction Of draining and {
ploring tunnel to the Comstock Lode, in
State OF Nevada" approved July 25th, 1866.
! SEC. 10. That all afhdavits required to
made under this act, or the act to which it
amendatory, may be verified before any Off
authorized to administer oaths within thu Ia
district where the claims may be situated q
all testimony and proofs may be taken bef
any such officer, and, when duly certified by
officer taking the same, shall have the same TO
and effect as If taken before the Register q
Receiver of the Land Office. In cases Of cont
as to the mineral or agricultural character
land. the testimony and proofs may be taken
herein provided, on personal notice of at lie
ten days to the opposing party; or if said pa
cannot be found, then by publication of at lie
once week for thirty days in q newspaper, TO
designated by the Register of the Land Office
| published nearest the location of such land
the Register shall require proof that such not
has been given.
SEC IA. That where two or more veins in,
sect or cross each ether, priority Of title Oh
govern, and such prior location shall be EMIT
. to all ore or mineral contained within the SD
E of intersection: Provided, however, That
! subsequent location shall have the right of
. through said space of intersection for the r
, possesses of the convenient working of the s
/. mine: And provided also. That where two
more veins unite, the oldest or prior locat
shall take the vein below the point of union,
Guiding all the space ofintersection.
SEC. Is. That where mineral land
! contiguous to the vein or lode is used or oc
J pied by the proprietor Of such vein or lode
, mining or milling purposes, such non-adjac
( surface ground may be embraced and inclu,
in an application for patent for such weir
lode, and the same may be patented therewi
subject to the same preliminary requirenle
( as to survey and notice as are applicable IN
) this act TO veins or lodes: Provided, That
> location hereafter made Of such non-adjac
i land shall exceed Ave acres, and payment
| the same must be made at the same rate as q
. by this act for the superfcies of the lode.
. owner of quartz mill or reduction works,
, owning a mine in connection Herewith, 4
. also receive a patent for his mill site, as prt
, ded in this section.
SEC. 16. That all acts and parts Of acts inc