Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-29

paw for his portion Of the claim, With the prop
er fees, and file the certificate and description
by the Suryeyor-General, whereupon the register
shall certify the proceedings and ludgment-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 If July 26th 1866, and July g. 1870, in the
case Of an individual, may consist in his own
affidavit thereof. and in case of an association OF
persons unincorporated 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 osTerritory 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 a
patent for q mining claim to any person what
ever.
SIC. Z. That the description of vein or lode
claims. upon surveyed lands, shall designate the
location Of the claim with reference 10 the lines
ii tine 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-
dsries 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.
SIC O. That sections one, two, three, four and
six Of an set entitled An Act granting the right
oil way 10 ulttA ana Ghllal lubiAN
lands and for other purposes, approved july
tweniy-sixth, eighteen hundred and sixty-siG,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
/ Cnted 10 q ilnal decision in the General Land
ONCE: but in such cases where adverse rights
are not affected thereby, patents may Issue in
pursuance u the provisions OF this act ana All
patents for mining claims heretofore issued
under the act Of july twenty-sixth, eighteen
] hmm rgh nj. - convey
( and privileges conferred by this act where no
adverse rights exist at the time Of the passage of
this act.
4 SIC. TO- That 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 purposes, approved July ninth, eighteen
hundred and seventy, shall be and remain in
fun force except as to the proceedings to obtain
a patent which shall be similar to the proceed
inrs 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
veyed 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 If 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
plscer-caims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsuryeyfd 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 eI-
isting laws, shall spply 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 qualihed by
I 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 placerclaim, with the
statement hat ii includes such vein or lode, and
; in such tsubject 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 tn,
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 an,
vein or lode claim, shall be paid for at the rat
Of two dollars and fifty cents per acre, together
with all costs OF proceedings; and where vein o
, lode, such described in the second section o
this act, il known to exist within the boundarie
of placer-Claim, an application for patent 70
such placer-claim, which does not include an ep
plication for the vein or lode claim, shall b
construed as Il conclusive declaration that tn
lp1
session Of the vein or lode claim; but where tn
existence Of o vein or lode in placer-clam is no
known, q patent for the placer claim shall conve
all valuable mineral and other deposits With
. III boundaries thereof.
, SEC. IL That the Surveyor General Of tn
United States may appoint in each land distriC
. containing mineral lands as many competei
D surveyors as shall apply for appointment to SUI
e vcy mining claims. The expenses of the srlrve
S of vein or lode claims, and the survey and sui
9 than one hundred and sixty acres together wit
the cost Of publication of notices shall be paid h
r heappCants, and they shall be at liberty to oil
tain the same at the most reasonable rates, an
they shall also be Mt liberty to employ any Unite
States Deputy surveyor to make the surye,
3 The Commissioner of the General Land OtiiC
| shall also have power to establish the maximum
: charges for surveys and publication of notict
| under this act and, in case of excessive charg,
$ for publication, he may designate any newspap'
| published in land district where mines al
e situated, for the publication of mining motto,
t in such district, and fix the rates to be charge
! by such paper; and to the end that the Commi
g sioner may be fully informed on the subjeC
8 each applicant shall file with the Register
o sworn statement OF all charges and fees paid
e said applicant for publication and surveys, t
N gether with all fees and money paid the Resist
/. and Receiver Of the land-Otiice, which statene
l. | shall be transmitted, with the papers in Il
J. case, to the Commissioner of the General Ian
, Office. The fees of the Register and the II
e ceiver shall be five dollars each for filing al
If acting upon each application for patent or a
is verse claim fled and they shall be allowed t
t, amount fixed by law for reducing ties
,r mony 10 writing when done in Land Office, SUI
N fees and allowances to be paid by the respect
r PARTIES and no other fees shall he charged
IN them in such cases. Nothing in this act shall
D. construed to enlarge or Affect the rights Of eth
at party i'll regard to any property in controversy
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 Ian,
m and for other purposes" approved July %, lS
10 nor shall this act affect any right acquired un6
said act; and nothing in this act shall be &C
I'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 privile,
a to aid in the construction of draining and
ed ploring tunnel TO the Comstock Lode in [
or State of Nevada" approved July 25th 1866.
ay SEC. -. That all affidavits required to
: q made under this act, or the act to which it
e. amendatory, may be verified before any Off
IN authorized to administer oaths within the la
H. district where the claims may be situated O
H. all testimony and proofs may be taken bef
m any such officer, and, when duly certified by
Dy officer taking the same, shall have the same 70
nv and effect as IL taken before the Register 0
ii 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 lie
70 ten days to the opposing party. or if said pa
as cannot be found, then by publication of at lie
in once a week for thirty days in newspaper, to
ed designated by the Register of the Land Office
". published nearest the location of such land
he the Register shall require proof that such not
o. has been given.
at SEC. IA. That where two or more veins int
cd sect or cross each other, priority of title 81
To- govern. and such prior location shall be EMIT
he to all ore or mineral contained within the sp
he of intersection: Provided, however, That
ng subsequent location shall have the right of '
h. through said space of intersection for the p
tn possesses of the convenient working of the s
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
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 inclut
III in an application for patent for such vein
10. lode, and the same may be patented therewi
on subject to the same preliminary requirene
If as to survey and notice as are applicable UNI
he this act to veins or lodes Provided, That
ca 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 Fl,
IT. by this act for the superfices Of the lode.
se owner of quartz mill or reduction works,
m owning q mine in connection Herewith, n
be also receive patent for his mill-site, as pre-
as ded in this section.
SEC. 16. That all acts and parts Of acts inc
nf, 1nI,