Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-14

iay for his portion Of the claim. with the prop
7 fees. and Gle the certificate and description
y the Suryeyor-GenerAl, vhereupon the register
hall certify the proceedings and judgment-rou
% the Commissioner the Land Once, 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
he act Of July 2gth isG6, and July y 1870, IN the
.ass u an individual, may consist in his own
sfidAvi; thereof and in case Of an association OF
persons unincorporzted OF the athdAvt OF their
authorized agent. made on his own knowledge or
upon information and belief, and in case OF
c6rpOrAtiJn organized under the laws OF the
United States or Of any State or Territory Of 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 8 mining claim to any person what
ever.
SIC J. That the description Of vein or lode
claims upon surveyed lands. shall designate the
location .. the claim with reference TO the lines
Of the public surveys, but need not conform
Herewith: but where patent shall De
issued a. aforesaid for claims upon unsur-
viewed lands the Surveyor General in extending
the surveys shall adjust the same TO the boun-
dares Of such patented clsims, 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.
SIC @ That sections one, two, three. four and
six Of an act entitled An Act granting the right
Of way to ditch and canal owners oyerthe public
lands and for other purposes, approved July
twsuty-sixth. eighteen hundred and si1ty-si1,
are hereby repealed. but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may lie prose
cut6d to !. inal decision in the General Land
ONCE; but in such cases where adverse rights
are not affected thereby. patents may issue IN
pursuance Of the provisions Of this act; and al
patents for mining claims heretofore issued
under the act Of July twenty-si1th, eighteen
hundred and siIty-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
SO. 10 That the act entitled An Act to
amend an act granting the right OF way to aitrh
and canal owners over the public lands, and Tor
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
viewed lands and conform to legal subdivisions,
10 further survey OF plat shall he 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
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
unsluveyt lands: Provided, That proceedings
now pending may be prosecuted to their fnal
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 oil
mineral land in any legal subdivision quantity
Of agriculture land less than forty scres re,
mains said fractional portion Of agricultural
land may be entered by any party qualihed by
lsw, for Homestead or presumption purposes.
SEC. II. That where the same person, associs
tiOn pr corporation in possession OF placer
claim, and also vein or lode included within
the boundaries thereof, application shall b,
made for patent for the placer-claim, with th'
statement that 1t includes such vein or lode, anC
in such case subject TO the provisions OF thu
act and the act entitled IAN act to amend an &C
granting the right Of way TO ditch and cana
[ owners over the public lands, and for other pur
poses; approved July ninth, eighteen hundre'
/ and seventy patent shall issue for the placer
/ claim, including such vein or lode, upon tn
/ payment Of hve dollars per acre for such vein o
/ lode claim, and twenty-five feet OF surface o
| each side thereof. The remainder Of the placer
claim. or any placer claim not embracing al
vein or lode claim, shall be paid for at the rat
| Of two dollars and fifty cents per acre, togethe
| with all costs Of proceedings; and where avein c
lode such a. described in the second section {
| this act l. known to exist within the boundgrit
ola plscer-claim an application for patent fC
such placer-claim, which does not include an al
plicatiCn for the vein or lode claim, shall l
construed rs conclusive declaration that IL
ella mant Of tho placer-claim has no right of po
session Of the vein or lode claim; but where II
existence Of Il vein or lode in placer lain is IN
known, q patent fer the placer-claim shall convt
all valuable mineral and other deposits with
| ! tn boundaries thereof.
, SEC. II That the Surveyor-General Of II
United States may appoint in each land distri
0 containing mineral lands as many compete
o survey OTIS NJ shall apply for appointment to ST
e voy mining claims. The expenses Of the surv
$ of vein or lode claims and the survey and su
{ diyiEiO4 of placer claims INTO smaller quantltl
g than one hundred and sixty acres, together wi
the cost of publication Of notices shall be paid
theappIiCant-, and they shall be at liberty to o
tain the same at the most reasonable rates, al
they shall also be at liberty TO employ any Unit
States Deputy surveyor to make the surve
p The Commissioner of the General Land OH
1 shall also have power to establish the maximu
: charges for surveys and publication OF motto
/ under this act; and, in case of excessive chare
: for publication, he may designate any newspal
| published in land district where mines 0
e situated for the publication Of mining motto
t in such district, and fix the rates to be charg
4 by such paper and to the end that the Comm
s sioner may be fully informed on the subJe
e each applicant shall file with the Registe
o sworn statement Of all charges and fees paid
q said applicant for publication and surveys,
n getheT with all fees and money paid the Rests
4. and Receiver Of the land-office, which statem'
1. shall be transmitted, with the papers in
s. case to the Commissioner OF the General Lal
3. Once. The fees of the Register and the
re ceiver shall be five dollars each for filing o
If acting upon each application for patent or
is verse claim filed. and they shall be allowed
T. amount fixed by law for reducing tie
Or mony to writing, when done in Land Office 6,
N 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 cit
at party in regard to any property in controvers.
in the time OF the passage of this act, or OF the
Id entitled IAN act granting the right of way
to ditch and canal owners over the public Lar
m and for other purposes" approved July 20, II
no nor shall this act affect any right acquired IN
said act; and nothing in this act shall be c
ed strued to repeal. impair, or in any way affect
3D. provisions Of the act entitled IAN act grant
IN. to A. Sutro the right Of way and other privil,
A to aid i'll the construction of a draining and
ed ploring tunnel to the Comstock Lode, in
or State of Nevada" approved July Goth, 1866.
lay SIC. -, That ali affidavits required to
+ made under this act or the act to which /
ce, amendatOry, may be verified before any of
i'm authorized to administer oaths within the
di. district where the claims may be situated,
al all testimony and proofs may be taken be
i'm any such officer, and when duly certified by
by officer taking the same, shall have the same (
nv and effect us II taken before the Register
ch Receiver Of the Land Office In cases Of cor
,u. as to the mineral or agricultural characte
re. land. the testimony and proofs may be take
at. herein provided, on personal notice Of at
wo ten days to the opposing party; or If said p
as cannot be found, then by publication Of at
in once a week for thirty days in q newspaper, I
led designated by the Register of the Land Off
wv. published nearest the location Of such land
the the Register shall require proof that such Il,
no. has been given.
hat SEC. IA. That where two or more veins II
lod sect or cross each other, priority of title
SIG. govern, and such prior location shall be ent
he to all ore or mineral contained within the :
the of intersection: Provided, however. That
ing subsequent location shall have the right OF
It'll through said space of intersection for the
18th possesses of the convenient working Of the
lies mine: And provided also, That where tw
ars more veins unite, the oldest or prior loo,
we. shall take the vein below the point of unioI
an Guiding all the space of intersection.
her SEC. 10. Ihat where non-mineral land
cts contiguous TO the vein or lode is used or {
the pied by the proprietor oil such vein or lod
he mining or milling purposes, such non-adja
, of surface ground may be embraced and incl
,all in an application for patent for such We
no. lode, and the same may be patented there'
on subject to the same preliminary requiem
II as to survey and notice as are applicable u
the this act to veins or lodes: Provided, TIL
nee location hereafter made Of such non-adji
ion land shall exceed five acres, and paymeI
led the same must be made at the same rate as
Of by this act for the superfcies Of the lode.
rse owner of a quartz mill or reduction works
ON owning a mine in connection Herewith,
he also receive a patent for his mills as p
has ded in this section.
SEC. 16. That all acts and parts Of acts II
he sistent herewith are hereby repealed: Prov
be That nothing contained in this act shall be