Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-30

different po,tions Of the ciaim, each party may
pay for his portion Of the elsim, with the prop
/ er fees and file the certificate and description
by the surveyur-GenerAl, whereupon the register
| shall certify the proceedings and judgment-roll
to the Commissioner OF the Land Office. as in the
preceding case and patents shall Issue TO the
several parties according TO their respective
I rights Proof of citizenship under this act, or
the act OF July esth 1865, and July g 1870, in the
9 csss of an individual, may consist in his own
affidavit thereof, and in case of an association Of
E persons unincorporated Of the affidavit OF their
J authorized agent, made on his own knowiedge or
D upon information and belief, and in case Of
! Generation Organized under the Laws Of the
United States, or of any State or Territory on 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
\ patent for mining claim to any person what
ever
claims upon surveyed lands, shall designate the
location Of the clsim with reference to the lines
of the public surveys, but need not conform
Herewith: hut where patent shall be
issued as Aforesaid for claims upon unsur-
viewed lands the Surveyor General in extending
the surveys, shall adjust the same to the boun-
diaries of such patented claims, according to the
plAt or description thereof but so as in ne case
to interfere with or change the location OF any
sueh patented claim.
SIC. 9. That sections one, two, three, four and
six of an act entitled An Act granting the right
NJ way to ditch and canal ONncfs over tns puoAlc
lands, and for other purposes, approved July
twenty-sixth. eighteen hundred and sixty-siN,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted 10 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 sll
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 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 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-elaims 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 near as practicable with the United
/ States system of public land surveys and the
rectangular subdivisions Of such surveys, and
I 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
| unsuryeyed lands; Provided, That proceedings
| 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. II. That where the same person, associa-
ton or corporation in possession Of a placer
| claim, and also vein or lode included within
| the boundaries thereof, application shall be
made for patent for the plscer-claim, with the
statement that it includes such vein or lode, and
| in such 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 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 aven 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 for
such placer-claim, which does not include an ap-
plication for the vein or lode claim, shall be
construed as a conclusive declaration that the
clan of the placer-claim has no right Of pos
existence Of vein or lode in plscer-claim is not
known, patent for the placer-claim shall convey
! all valuable mineral and other deposits within
! thu boundaries thereof.
SEC II That the Surveyo General of the
: United States may appoint in each land distric
o containing mineral lands as many competen
o surveyors as shall apply for appointment to sur
g vey mining claims. The expenses of the srlrve,
S OF vein or lode claims and the survey and sub
f division of placer claims into smaller quantitie
e than one hundred and sixty acres together with
the cost publication of notices shall be paid b,
the applicants, and they shall be at liberty to OBJ
tain the same at the most reasonable rates, ant
they shall also be at liberty to employ any Unitet
States Deputy Surveyor to make the survey
G The Commissioner of the General Land Offic,
shall also have power to establish the maximum
: charges for surveys and publication of notice.
! under this act and, in case of excessive charge
S | for publication, he may designate any newspape
published in land district where mines ar
e situated, for the publication of mining notice
t in such district, and fix the rates to be charged
! by such paper; and, to the end that the Commits
S sioner may be fully informed on the subject
e each applicant shall file with the Register
o sworn statement Of all charges and fees paid b
e said applicant for publication and surveys, to
n gether with all fees and money paid the Resiste
l. and Receiver of the land office, which BtRtemen
l. shall be transmitted, with the papers in tn
:, case. to the Commissioner of the General Lane
> Office. The fees of the Register and the h,
e ceiver shall be five dollars each for filing an
# acting upon each application for patent or &C
il verse claim filed, and they shall be allowed til
t, amount fixed by law for reducing test
" mony to writing, when done in Land Office, sue
n fees and allowances to be paid by the respectiy
r. parties; and no other fees shall be charged b
II them in such cases. Nothing in this act shall /
L. construed to enlarge or affect the rights of etht
It party in regard to any property in controversy
nj the time of the passage of this act, or of the q
ID entitled IAN act granting the right of way
10 ditch and canal owners over the public land
IN and for other purposes" approved July 26, 1856
10 nor shall this act affect any right acquired unds
said act; and nothing in this act shall be col
ID strued to repeal impair, or in any way affect Il
b. provisions of the act entitled IAN act grantir
n to A. Sutro the right of way and other privilege
to aid in the construction Of draining and e.
ed ploring tunnel to the Comstock Lode, in Il
or State of Nevada" approved July Goth, 1865.
ay SEC. 49, That all afidsvits required to
made under this act or the act to which it
e. smendatory, may be verified before any offc
m authorized to administer oaths within the la,
H. district where the claims may be situated al
n, all testimony and proofs may be taken befo
m any such officer, and, when duly certified by t
by officer taking the same, shall have the same for
py and effect if taken before the Register q
ID Receiver of the Land Office. In cases Of conts
u. as to the mineral agricultural character
e. land, the testimony and proofs may be taken
VI herein provided, on personal notice of at lei
70 ten days to the opposing party; or If said par
as cannot be found, then by publication of at lei
in once a week for thirty days in newspaper, to
ed designated by the Register of the Land Office
w. published nearest the location Of such land; q
he the Register shall require proof that such mott
TO- has been given.
at SEC IA. That where two or more veins int
cd sect or cross each other, priority of title sh
ig- govern, and such prior location shall be enttl
lie to all ore or mineral contained within the SD,
he of intersection: Provided, however, That
ng subsequent location shall have the right of "
H. through said space of intersection for the d
tn possesses of the convenient working OF the 8,
es mine: And provided also, That where two
Irs more veins unite, the Oldest or prior locati
re- shall take the vein below the point OF union,
n Guiding all the space of intersection.
er SEC. Is. That where non-mineral land
It's contiguous to the vein or lode is used or oc,
he pied by the proprietor of such vein or lode
be mining or milling purposes, such non-adjac
of surface ground may be embraced and includ
Ill in an application for patent for such vein
10. lode, and the same may be patented therewii
on subject to the same preliminary requiremel
If as to survey and notice as are applicable und
he this act to veins or lodes: Provided, That
ce location hereafter made Of such non-adjace
on land shall exceed five acres, and payment
ed the same must be made at the same rate Is fix
of- by this act for the superfcies Of the lode. T
Sc owner Of quartz mill or reduction works, n
m owning a mine in connection herewith m
be also receive patent for his site, as pro,
as ded in this section.
Sec. 16 That all acts and parts of acts inco
be sistent herewith are hereby repealed: Provide