Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-27


7 fees. and Tile the certificate and description
y the suryeyor-Generzl. vhereupon the register
hall certify the proceedings and Judgment-ron
o the Commissioner OF the Land once, as IN the
,receding 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 26h 1866, and July ?, ls1O, in the
,ase Of an individual, may consist in his own
.fhdayit thereof and in case of an ASSOCIATION OF
persons uninoorporated OF the affidavit OF their
authorized agent. made on his own knowledge or
lpon Information and belief, and in case OF
corporation organized under the laws OF the
United States, Of any State or Territory OF the
United States, by the hling 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 a mining claim to any person what
ever.
claims upon surveyed lands, shall designate the /
location 81 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 to the
plst or description thereof, but so as in no case
TO interfere with or change the location OF any
such patented claim.
SIC 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
twenty-sixth. eighteen hundred and sixty-slx,
are hereby repealed, but such repeal shall not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 all
patents for mining claims heretofore issued
under the act Of July twenty-sixth, eighteen
hundred and sixty-sx, shall convey all the rights
a ~
adverse rights exist at the time OF the passage Of
this act
SIC. 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 Tor
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain III
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-caims 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 tine 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
unsuryeyGd lands: Provided, That proceedings
now pending may be prosecuted to their hnal
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 pre-.
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, assocla-
ton 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-clailn, with the
statement that ii includes such vein or lode, and
in such case lsubject 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 Ave 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 whereayein or
lode, such as described in the second section of
this act is known TO exist within the boundaries
Of placer-clam. an application for patent for
such plaCer-ClaIE, which does not include an ap.
plication for the vein or lode claim, shall be
construed Us IA conclusive declaration that tho
| claimant of the placer-claim has right OF pos.
session Of the vein or lode claim; but where the
existence of vein or lode in placerclaim is no,
/ known patent for the placer-claim shall convey
| all valuable mineral and other deposits within
| thu boundaries thereof.
| SEC. II That the Surveyor General of tho
United States may appoint in each land distric
, containing mineral lands as many competen
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 and sixty acres, together wit
the cost Of publication of notices, shall be paid b
the applicants, and they shall be at liberty to oil
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 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 newsp8pt
published in 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 subjec
each applicant shall file with the Register
, sworn statement Of all charges and fees paid
> said applicant for publication and surveys, t
1 gether with all fees and money paid the Resist
and Receiver of the land-otlice, 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 L,
e ceiver shall be five dollars each for filing al
{ acting upon each application for patent or q
: | verse claim filed, and they shall be allowed d
!, amount fixed by law for reducing ties
r | mony to writing, when done in Land Office, SUI
n fees and allowances to be paid by the respect
: parties; and no other fees shall be charged
n them in such cases. Nothing in this act shall
/, construed to enlarge or affect the rights of eth
Il party in regard to any property in controversy
n the time of the passage of this act. or Of the
d entitled IAN act granting the right of way
% ditch and canal owners over the public lane
TO-. I,l.r
10 nor shall this act affect any right acquired und
said act; and nothing in this act shall be &C
d strued to repeal, impair or in any way affect
b. provisions Of the act entitled IAN act grant
n, to A. Sutro the right of way and other priviel
a to aid in the construction of draining and
ID ploring tunnel to the Coms.ock Lode, in
or State of Nevada" approved July 25th, 1906
nv SEC. 10. That all affidavts required to
A made under this act, or the act to which it
- amendatOry, may be verified before any Off
m authorized to administer oaths within the Ia
H. district where the claims may be situated, q
H. all testimony and proofs may be taken Def
m any such officer, and, when duly certified by
~ officer taking the same, shall have the same TO
" and effect as ii taken before the Register
n Receiver of the Land Office. In cases of cont
IL as to the mineral or agricultural character
O. land, the testimony and proofs may be taken
T. herein provided, on personal notice of at lie
70 ten days to the opposing party; or if said pa
as cannot be found, then by publication of at lt
In once week for thirty days in newspaper, to
ID designated by the Register of the Land Office
". published nearest the location Of such land;
ne the Register shall require proof that such mo-
o. has been given.
Mt SEC IA. That where two more veins in
ID sect or cross each other, priority of title 81
ID govern, and such prior location shall be entii
he to all ore mineral contained within the 81
he of intersection: Provided, however, That
ng subsequent location shall have the right of
II. | through said space of intersection for the /
tn possesses of the convenient working of the
es mine: And provided also, That where two
RS more veins unite, the oldest or prior locat
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
is contiguous to the vein or lode is used or OF
he pied by the proprietor of such vein or lode
be mining or milling purposes, such non-adjat
of surface ground may be embraced and inclu
al in an application for patent for such veil
TO- lode, and the same may be patented therew
on subject to the same preliminary requirenlt
II as to survey and notice as are applicable un
he this act to veins or lodes; Provided, Tha
ce location hereafter made Of such non-adjat
on land shall exceed five acres, and payment
ed the same must be made at the same rate as fl
Of by this act for the superfcies of the lode.
.se owner of a quartz mill or reduction works,
nm owning q mine in connection Herewith,
- a1s raceive n patept for his mi .sita mr.