Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-28

pay for his portion of the claim with the prop
er fees, and file the certificate and description
by the Surveyor-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
rights. Proof of citizenship under this act, or
the act Of July Goth 1866, and July g. 1870, in the
case Of an individual, may consist in his own
affidavit thereof, and in OF an association of
persons uRineorporated 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 Ming of certlhed copy OF
their charter or certificate OF incorporation; aad
nothing herein contained shall be construed TO
prevent the alienation of the title conveyed by a
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-
veyed lands, the Surveyor General in extending
the surveys shall adjust the same to the boun-
daries of such patented claims, according 10 the
plat or description thereof, but so as in no case
to 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-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are hereby repealed, but such repeal shall not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 q 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 ell
patents for mining claims heretofore issued
under the act of July twenty-siXth, eighteen
hundred and sxty-six, shall convey all the rights
and privileges conferred by this act where no
adverse rights exist at the time of the passage OF
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 III
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-elaims 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
/ placer-claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveyfd lands: Provided, That proceedings
/ determination under existing laws; but the pro-
visions of this act, when not in conflict with ex-
isting 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 a 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 can act to amend an &C,
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 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 rate
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-claim, an application for patent fo
such placer-claim, which does not include an APP
plication for the vein or lode claim, shall b.
construed as a conclusive declaration that TIL
ella mant of the placer-clam has no right OF pos
session Of the vein or lode claim; but where tn
existence of vein or lode in placer claim is
known, apatent for the placer-claim shall conve
all valuable mineral and other deposits within
! tbs boundaries thereof.
9 SEC. 10 That the Surveyor General of tn
= United States may appoint in each land distrit
o containing mineral lands as many competer
o surveyors as shall apply for appointment to SUI
c vey mining claims. The expenses of the surv e
s of vein or lode claims, and the survey and sui
Il division of placer claims into smaller quantitit
lGN to
l. the cost of publication of notices, shall be paid
the applicants and they shall be at liberty to oil
u tain the same at the most reasonable rates, an
they shall also be at liberty to employ any Unite
y States Deputy Surveyor to make the surve,
e The Commissioner of the General Land. Ofit
Il shall also have power to establish the maximum
+ charges for surveys and publication OF motto,
i under this act; and in case OF excessive charge
S for publication, lie may designate any newspap
u published in land district where mines al
e situated for the publication of mining notic
4 in such district, and fix the rates to be charge
II by such paper; and, to the end that the Commi
IS sioner may be fully informed on the subjeC
'e each applicant shall file with the Register
o sworn statement of all charges and fees paid |
lie said applicant for publication and surveys, I
N gether with all fees and money paid the Resist
y and Receiver of the land-otfce, which statene
l. shall be transmitted. with the papers in Il
s. case, to the Commissioner Of the General Ian
e. Office. The fees of the Register and the r
re ceiver shall be five dollars each for filing 81
Of acting upon each application for patent or a
is verse claim filed, and they shall be allowed t
Il, amount fixed by law for reducing ties
or mony to writing, when done in Land Office, SUI
IN fees and allowances to be paid by the respect
r parties; and no other fees shall be charged
IN them in such cases. Nothing in this act shall
n construed to enlarge or affect the rights of eth
at party in regard to any property in controversy
IN the time of the passage of this act, of the
Id entitled AN act granting the right of way
To ditch and canal owners over the public lane
m and for other purposes, approved July &c, 49,
no nor shall this act affect any right acquired und
said act; and nothing in this act shall be &C
I'd strued to repeal impair, or in any way affect
D. provisions of the act entitled IAN act grant,
II, to A Sutro the right of way and other privilet
a to aid in the construction of draining and c
ed ploring tunnel to the Comstock Lode, in (
or State of Nevada, approved July Goth, 1866.
ay SEC. -. That all afidavits required to
a made under this act, or the act to which it
e, amendatory, may be verified before any Off,
m authorized to administer oaths within the la
Ii district where the claims may be situated, q
II, all testimony and proofs may be taken befC
m any such officer, and, when duly certified by
by officer taking the same. shall have the same fo
oy and effect as if taken before the Register a
n Receiver of the Land Office. In cases of cont
u as to the mineral or agricultural character
e. land, the testimony and proofs may be taken
It. herein provided, on personal notice of at le
70 ten days to the opposing party; or if said pal
as cannot be found, then by publication of at LEI
in once 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
be the Register shall require proof that such not
o. has been given.
at SEC. IA. That where two or more veins int
ID sect or cross each ether, priority of title sh
g. govern and such prior location shall be EMIT
10 to all ore or mineral contained within the sp
10 of intersection: Provided, however, That
ls subsequent location shall have the right of "
h through said space Of intersection for the p
tn possesses of the convenient working Of the 81
es mine: And provided also, That where two
RS more veins unite, the Oldest or prior locati
e. shall take the vein below the point of unien,
H. Guiding all the space of intersection.
er SEC. Is. That where nonmineral 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 nom jac,
of surface ground may be embraced and includ
al in an application for patent for such vein
To- lode, ard the same may be patented therewi
on subject to the same preliminary requireme
If as to survey and notice are applicable unt
he this act to veins or lodes Provided, That
zee location hereafter made of such non-adjac
on land shall exceed five acres, and payment
ed the same must be made at the same rate as a,
Of by this act for the superfcies of the lode. I
Sc owner of o quartz mill or reduction works,
m owning a mine in connection Herewith, n