Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-23

/ er fees, and Gle the certificate and description
I by the surveyor-General, whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner ofthe Land ofiee, as in the
I 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 26th ls66 and July 9, 1870, in the
case Of an individual. may consist in his own
affidavit thereof and in Of an association Of
persons unincorporsted Of the affidavit Of their
authorized agent, made on his own knowledge or
! upon information and belief, and in case Of q
corporation organized under the laws Of the
United States or Of any State or Territory Of the
United States, by the filing Of a certified copy of
their charter OF certificate Of Incorporation and
nothing herein contained shall be construed TO
prevent the alienation u the title conveyed by q
patent for mining claim to any person what
ever.
SEC 8. 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 to the
plat or description thereof but so IS in no case
to interfere with or change the location of any
! such patented claim.
SIC. Q. 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-sxth. 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are hereby repealed, but such repeal shall not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 all
patents for mining ell ms heretofore issued
under the act Of July twenty sixth, eighteen
hundred aud 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
this act.
SRc. 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 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-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 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
plscer-claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsuryeytd 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 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. IL. That where the same person, associa-
ton or corporation in possession Of q placer
claim, and also q vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claim with the
statement that ii includes such vein or lode, and
| in such case 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 vein or
| lode, such as described in the second section Of
| this act is known to exist within the boundaries
OF plhCer-elalm, 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
ella m9nt of tho placer-claim has no right # pos
/ session Of the vein or lode claim but where the
existence of vein or lode in placer claim is not
known, patent for the placer claim shall convey
all valuable mineral and other deposits within
| til boundaries thereof.
SEC. II That the surveyor-General Of the
United States may appoint in each land district
containing mineral lands many competen,
surveyors as shall apply for appointment to sur
vey mining claims. The expenses of the survey
Of vein or lode claims, and the survey and sub
divisiOl of placer claims INTO smaller quantities
than one hundred and sixty acres, together with
the cost Of publication Of notices shall be paid by
the applicants, and they shall be at liberty to OBJ
tain the same at the most reasonable rates, and
they shall also be at liberty to employ any United
States Deputy Surveyor to make the survey
The Commissioner of the General Land Otlice
shall also have power to establish the maximum
charges for surveys and publication Of noticei
under this act; and in case Of excessive charges
for publication, he may designate any newspaper
published in land district where mines are
situated for the publication Of mining notice,
in such district, and FIX the rates to be charged
by such paper; and, to the end that the Commits
siOner may be fully informed on the subject
each applicant shall file with the Register
sworn statement of all charges and fees paid By
said applicant for publication and surveys, to
gether with all fees and money paid the Resistel
and Receiver OF the land-office, which statement
shall be transmitted. with the papers in tn,
case, to the Commissi oner Of the General Land
Once. The fees of the Register and the Re
ceiver shall be hve dollars each for filing ant
acting upon each application for patent or ad
amount fixed by law for reducing test
mony to writing when done in Land Office, such
fees and allowances to be paid by the respectiv,
parties; and no other fees shall be charged b,
them in such cases. Nothing in this act shall b,
construed to enlarge affect the rights Of eithe
party in regard to any property in controversy q
the time of the passage Of this act, or Of the &C
entitled IAN act granting the right Of way t,
} ditch and canal owners over the public lands
and for other purposes" approved July &c, 1856
nor shall this act affect any right acquired unde
said act; and nothing in this act shall be con
strued to repeal impair, or in any way affect tn
provisions Of the act entitled IAN act granting
to A. Sutro the right of way and other privilege
! to aid in the construction Of draining and ex
ploring tunnel to the Comstock Lode, in tn
State of Nevada, approved July Goth, 1866.
SEC IL. That all afidavits required to b
! made under this act, or the act to which it 4
, amendatory, may be verified before any Office
authorized to administer oaths within the Ian,
district where the claims may be situated, an,
all testimony and proofs may be taken befor
any such officer, and, when duly certified by tn
officer taking the same, shall have the same fore
and effect as il taken before the Register an,
Receiver of the Land Office. In cases Of contes
as to the mineral or agricultural character o
land, the testimony and proofs may be taken 4
herein provided on personal notice of at leas
ten days to the opposing party or if said part
cannot be found, then by publication of at leas
once week for thirty days in newspaper to b
designated by the Register of the Land Office a
! luDllsutu neartht tlt lOChtlOu oI bucn lanQ,
the Register shall require proof that such motto
has been given.
SEC. a. That where two or more veins inter
sect or cross each other, priority of title shal
govern, and such prior location shall be entitle
to all ore or mineral contained within the spac
Of intersection: Provided, however That tn
subsequent location shall have the right Of wa
through said space of intersection for the pur
possesses of the convenient working Of the sal,
mine And provided also, That where two o
more veins unite, the Oldest or prior Location
shall take the vein below the point of union, in
Guiding all the space ofintersection.
SEC, Is. That where non-mineral land no
J contiguous to the vein or lode is used or occu
} pied by the proprietor Of such vein or lode TO
.. mining or milling purposes, such non-adjacen
surface ground may be embraced and include,
in an application for patent for such vein O
lode, and the same may be patented Herewith
! subject to the same preliminary requirement
as to survey and notice as are applicable unde
this act TO veins or lodes: Provided, That n,
} location hereafter made Of such jacen
| land shall exceed nve acres, and payment 70
the same must be made at the same rate - IKE,
by this act for the superncies Of the lode. Tn
owner Of . quartz mill or reduction works, no
owning . mine in connection Herewith, ma,
also rpceive n Dafent for hia III. site provi