Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-20


pay for his portion Of the claim. with the prop
n fees and file the certificate and description
BY the Surveyor-General, whereupon the register
shall certify the proceedings and judgment-ron
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 ., 1870. in the
case of an individual, may consist IN MS OWL
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 or Territory OF the
United States, by the filing Of q certified copy OF
their charter or certificate of incorporation; and
nothing herein contained shall be construed 70
prevent the alienation Of the title conveyed by
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 a 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 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 act entitled An Act granting the right
lands and for other purposes, approved July
twcnty-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are hereby repealed, but such repeal shall not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 10 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 sixtysix, 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.
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 In
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-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
placer-cla 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-
listing laws, shall apply to such cases And pre-,
| vided also, That where by the seggregatlon OF
| mineral land in any legal subdivision a quantity
| of agricultural land less than forty acres re-
mains said fractional portion of agricultural
| land may be entered BY any party qualffed by
| law for homestead or presumption purposes.
SEC IL. That where the same person, associa-
tion or CORPORATION in possession of a placer
claim and also 3 vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claim with the
statement that 1t 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 svein or
lode, such as described In the second section of
this act, is known to exist within the boundaries
of placer-claim, an application for patent for
such placer-claim, which does not include an ap.
plcation for the vein or lode claim, shall be
construed as q conclusive declaration that the
ella mant of the placer.ciaim has no right of pos
existence of vein or lode in placerclaim is not
known, patent for the placer-claim shall convey
oil valuable mineral and other deposits within
thu boundaries thereof.
SIC. IL That the Surveyor General Of the
| United States may appoint in each land district
| containing mineral lands as many competent
surveyors as shall apply for appointment to sur
| yey mining claims. The expenses of the survey
| of vein or lode claims, and the survey and sub
division of placer claims into smaller quantities
than one hundred and sixty acres, together with
the cost OF publication of notices shall be paid by
theappicsnts, 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 Office
| shall also have power to establish the maximum
| charges for surveys and publication Of notices
under this act; and, in case OF excessive charges
| for publication, he may designate any newspaper
| published in a land district where mines are
| situated, for the publication of mining notices
in such district, aud 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 a
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
shall be transmitted, with the papers in thu
case, to the Commissioner of the General Land
Office. The fees of the Register and the Re
ceiver shall be five dollars each for filing ant
verse claim filed, and they shall be allowed TIL
amount fixed by law for reducing test
mony to writing, when done in Land Office, sucl
fees and allowances to be paid by the RESPECTIVE
parties; and no other fees shall be charged b,
, them In such cases. Nothing in this act shall b
construed to enlarge or 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 +
, ditch and canal owners over the public lands
, and for other purposes" approved July 26, 1866
shall this act affect any right acquired undo
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 grantin
. to A. Sutro the right Of way and other privilege
a to aid in the construction of draining and ex
a ploring tunnel to the Comstock Lode, in tn
r State of Nevada" approved July 25th, 1866.
v SEC. ID. That all afidsvits required to
a made under this act, or the act to which 1t
;, amendatory, may be verified before any offic,
n authorized to administer oaths within the Ian
/. district where the claims may be situated, IN
|, all testimony and proofs may be taken befol
q any ouch officer and, when duly certified by Il
v officer taking the same shall have the same for,
v and effect as If taken before the Register al
i Receiver of the Land Office. In cases Of conte
! | as to the mineral or agricultural character
y land, the testimony and proofs may be taken
: herein provided, on personal notice Of at lea
o ten days to the opposing party; or If said par
= cannot be found, then by publication Of at lea
n once q week for thirty days in a newspaper, to
u
= published nearest the location of such land; al
@ the Register shall require proof that such mott
j. has been given.
i SEC. IA That where two or more veins int
d sect or cross each other, priority of title shs
govern, and such prior location shah be entitl
10 to all ore or mineral contained within the spa
Ie of intersection: Provided, however, That Il
10 subsequent location shall have the right of WI
l. through said space of intersection for the pr
h possesses of the convenient working Of the So
IS mine: And provided also, That where two
70 more veins unite, the oldest or prior locati
O. shall take the vein below the point of union,
J. Guiding all the space of Intersection.
n SEC. Is. That where non-mineral land n
h contiguous to the vein or lode is used or occ
e pied by the proprietor of such vein or lode
"a mining or milling purposes, such non-adjace
n surface ground may be embraced and includ
il in an application for patent for such vein
, lode, and the same may be patented therewit
n subject to the same preliminary requiremeI
II as to survey and notice as are applicable und
IL this act to veins or lodes: Provided, That
% location hereafter made of such non-sdjace
n land shall exceed five acres, and payment
d the same must be made at the same rate a. FIX
T. by this act for the superficies Of the lode. T.
se owner of quartz mill or reduction works, n
m owning . mine in connection Herewith, m
" also receive patent for his mill site, as pro-
q ded in this section.
SEC. 16. That all acts and parts Of acts incc
70 sistent herewith are hereby repealed: Provide
n That nothing contained in this act shall be CO
| atr ua1 10 i'm fS nrip inf