Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-14

preceding case, and patents shall issue to the
everal parties according to their respective
lights. Proof of citizenship under this act, or
he act of July 26th 1866, and July 9, 1870 In the
ase of an individual, may consist in his own
.fidavit thereof, and in OF an association of
persons unincorporated of the affidavit Of their |
agent, made on his own knowledge or |
lpon information and belief, and in case of
corporation organized under the laws OF the
United States, or OF any State Territory Of the
United States. by the filing of a 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
patent for mining claim to any person what
ever.
src g. 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 q patent shall De
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, Tour ana
six of an sct entitled An Act granting the rlgnt
OF way to ditch and canal owners OVERTIME pubic
lands, and for other purposes, approved July
twenty-sixth. eighteen hundred and sixty-si1,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may DC PROSE-
euted TO q final decision IN the Generhl LAhu-
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 al the time OF the passage OF
this act.
Src. 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 as 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
yeyed 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
pl8cer-c claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveysd lands: Provided, That proceedings
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 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. IL. That where the same person, associa-
ton 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-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 "An act to amend an act
granting the right of way 10 ditch and canal
owners over the public lands, and for other pur-
puses:' 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 avein 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 Tor
such pgcer-elaim, which does not include an ap-
plication for the vein or lode claim shall be
construed as 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-claim is not
known, patent for the placer-claim shall convey
all valuable mineral and other deposits within
the boundaries thereof.
| SEC. Il That the Surveyor-General of the
| United States may appoint in each land dis.ric
| containing mineral lands rs many competen
surveyors az snail apply for appointment to sur
vey mining claims. The expenses of the surve,
of vein or lode claims, and the survey and sub
division Of placer claims INTO smaller quantities
than one hundred and sixty acres, together witt
the cost of publication OF notices, shall be paid b,
| theapplcants, and they shall be at liberty to oh
tain the same at the most reasonable rates, ant
they shall also be at liberty oemploy any United
| States Deputy Surveyor to make the survey
| The Commissioner of the General Land Offc,
| 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 newspape
published in u land district where mines ar
| 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 Commits
sioner may be fnlly 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, tC
| 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 Lane
| Office. The fees of the Register and the RI
ceiyer shall be FIVE dollars each for filing an
acting upon each application for patent or az
verse claim fled, and they shall be allowed til
amount fixed by law for reducing test
| x,
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 |
construed to 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 a.
entitled "An act granting the right of way
ditch and canal owners over the public land
, and for other purposes" approved July &c, 1856
, nor shall this act affect any right acquired und
said act; and nothing in this act shall be COZ
cd mr. in
provisions of the act entitled IAN act grantil
| to A. Sutro the right of way and other privileg
4 to aid in the construction of draining and q
4 ploring tunnel to the Comstock Lode, in Il
r State Of Nevada" approved July 25th, 1866.
V SEC. 10. That all afidavts required to
\ | made under this act, or the act to which il
. | amendatory, may be verified before any offC
4 authorized to administer oaths within tho lal
: district where the claims may be situated, a
| all testimony and proofs may be taken befo
! any such officer, and, when duly certified by t
officer taking the same, shall have the same fol
4 | and effect as il taken before the Register a
| 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 lei
, ten days to the opposing party; or if said pai
4 cannot be found, then by publication of at let
4 once week for thirty days in newspaper, to
i designated by the Register of the Land Once
. published nearest the location of such land; a
e the Register shall require proof that such not
= has been given. ..r
4 SEC IA That where two or more veins int
d sect or cross each ether, priority of title sh
!, govern, and such prior location shall be EMIT
e to all ore or mineral contained within the sp
q of intersection: Provided, however, That
o subsequent location shall have the right of v
i, through said space of intersection for the p
h possess of the convenient working of the S
"a mine: And provided also, That where two
q more veins unite, the oldest or prior locat
: shall take the vein below the point of union,
|, GLIDING all the space of intersection.
r SRc. Is. That where non-mineral land
q contiguous to the vein or lode is used or oc
e pied by the proprietor of such vein or lode
q mining or milling purposes. such non-adjac
II surface ground may be embraced and inclut
n in an application for patent for such vein
= lode, and the same may be patented therewi
n subject to the same preliminary recurrence
n as to survey and notice as are applicable UNI
10 this act to veins or lodes: Provided, That
q location hereafter made of such non-adjac
N land shall exceed five acres, and payment
n the same must be made at the same rate az e,
T. by this act for the superfcies of the lode. I
% owner of q quartz mill or reduction works,
N owning a mine in connection Herewith, II
u also receive a patent for his mill-site, pre-
e ded in this section.
W SEC 16. That all acts and parts Of acts inc
"a sistent herewith are hereby repealed Provid
e That nothing contained In this act shall be c
q strued to impair, in any way, rights or inter-
|. In mining property acquired under existing 10
}. Approved May 10, 1872.
= rrY.r, rrvYv An ~ 10 snend an Act enfif