Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-19


eyersl parties according to their respective
lights. Proof of citizenship under this act. or
he act Of July 26th 1866. and July ?, 1870 IN the
,ase Of an individual, may consist in his own
AFFIDAVIT thereof, and in case of an association OF
persons unincorporsted 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 filing Of certified copy OF |
their charter or certificate Of incorporation; and
nothing herein contained shall be construed 10
prevent the alienation of the title conveyed by
patent for mining claim to any person what
ever. -
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 snail De
issued as aforesaid for claims upon uhsuf-
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 80 as in no case
to interfere with or change the location oil any
such patented claim.
SIC. o. 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 pubic
lands and for other purposes, approved July
twenty.sixth. eighteen hundred and sixty-siS,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may he prose
cuted to 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
SEC, 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, ana ior
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 TINS
act for obtaining patents to vein or loue ciaiHs'
but where said placer-clams Snail De 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 thlteu
States system Of public land surveys and the
rectangular subdivisions Of such surveys, ana
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
unsurvey6 d lands Provided, That proceedings
now pending may be prosecuted to their maj
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 oil
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 qualified by
| law for homestead or presumption purposes.
SEC II. That where the same person associa-
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-clam, with the
statement hat 1t includes such vein or lode, and
| in such case Subject to the provisions OF this
| act and 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 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 ayein 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-
pliCation for the vein or lode claim, shall be
| construed as a conclusive declaration that the
ella mant of the placer-claim has no right of 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
! tn boundaries thereof.
SEC. II 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
vcy mining claims. The expenses OF the surVe!
of vein or lode claims, and the survey ald sub
division of placer claims into smaller quantities
than one hundred and sixty acres, together witt
the cost publication of notices, shall epaid by
/ theappicants, and they shall be at liberty to OBJ
tain the same at the most reasonable rates, anC
sba all al Gp ha at n pmllpy
States Deputy Surveyor to make the survey
+. The Commissioner of the General Land Ofc,
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 newspape
published in a land district where mines ar
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 Commits
siOner may be fully informed on the subject
each applicant shall file with the Register
sworn statement of all charges and fees paid b
said applicant for publication and surveys, tC
gether with all fees and money paid the Resiste
and Receiver Of the land-Otice which statemer
shall be transmitted, with the papers in tn
case to the Commissioner Of the General Lane
= Office The fees OF the Register and the RI
ceiver shall be five dollars each for filing an
acting upon each application for patent or at
5 verse claim filed, and they shall be allowed II
amount fixed by law for reducing test
r mony to writing, when done in Land Office, sue
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 affect the rights Of eth,
t party in regard to any property in controversy
n the time OF the passage of this act, or Of the a.
4 entitled "An act granting the right of way
o ditch and canal owners over the public land
n and for other purposes" approved July &c, 1856
o nor shall this act affect any right acquired und
said act; and nothing in this act shall be COZ
d strued to repeal impair or in any way affect Il
J. provisions of the act entitled "An act grantii
/, to A. Sutro the right of way and other privileg
a to aid in the construction of draining and o.
d ploring tunnel to the Comstock Lode in Il
n State OF Nevada" approved July 25th, 1866.
y SIC. 10. That all atfdavits required to
a made under this act, or the act to which 1t
e, amendatory may be verified before any otfie
n authorized to administer oaths within the lai
j. district where the claims may be situated, al
|, all testimony and proofs may be taken befo
n any such officer and, when duly certified by Il
y officer taking the same, shall have the same for
y and effect as If taken before the Register al
h Receiver of the Land Office. In cases of conte
l. to the mineral or agricultural character
p land, the testimony and proofs may be taken
t. herein provided, on personal notice of at lea
o ten days to the opposing party; or If said par
rs cannot be found, then by publication of at lea
n once week for thirty days in newspaper to
ID designated by the Register of the Land Office
" published nearest the location Of such land; Al
lie the Register shall require proof that such mott
D. has been given.
1t SEC. IA That where two or more veins int,
ID sect or cross each other, priority of title sh
g. govern, and such prior location shall be entitl
lie to all ore or mineral contained within the spa
lie Of intersection: Provided, however, That I
lg subsequent location shall have the right of W
b. through said space of intersection for the D,
III possesses of the convenient working of the 50
&c mine: And provided also, That where two
RS more veins unite, the Oldest or prior locati
e. shall take the vein below the point of union,
n Gliding all the space ofintersection.
er SEC. Is. That where non-mineral land l
is 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 ncluG
II in an application for patent for such vein
o. lode, and the same may be patented therewi
IN subject to the same preliminary requiren,e,
If as to survey and notice as are applicable IN,
he this act to veins or lodes: Provided, That
ce location hereafter made OF such non-adiac
IN land shall exceed five acres, and payment
ed the same must be made at the same rate as a,
IT, by this act for the superfcies Of the lode I
Sc owner Of q quartz mill or reduction works,
m owning q mine in connection Herewith, n
be also receive a patent for his mill site, as pre-
as ded in this section.
SEC. 16. That all acts and parts OF acts inc
be sstent herewith are hereby repealed: Provid
be That nothing contained in this act shall be c