Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-07

- fees. and file the certificate and description I
by the suryeyur-General, whereupon the register i
shall certify tile proceedings ana ludgment-roll 1
TO the Commissioner ofthe Land Once as in the i
preceding case, and patents shall issue To the 1
several parties according TO their respective I
rights Proof OF citizenship under this act, or
the act Of July 2jh 1866 and July 9, $50, IN the
case Of an Individual, may consist in his own
AFFIDAVIT thereof, and in case of association Of
persons uuincOrporated OF the aihdayit OF their
Authorized agent. made on his own knowledge or
upon information and belief, and i'll 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 to
prevent the alienation Of the title conveyed by
patent for a mining claim to any person what
ever.
srC. 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 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 boJn-
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.
SEC 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 ovcrthe public
twenty-sixth. eighteen hundred and slNty-slA,
are hereby repealed, but such repeal shall not
affect existing rights. Applications Tor patents
for mining claims now pending may be prose
cuted to q final decision in the Genera! 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-siSth, eighteen
hundred and ,iyty-six shall convey all the rights
3 inf IN
adverse rights exist at the time Of the passage Of
! this act.
SEC. 10. That the act entitled AN Act to
/ amend an act granting the right OF way 10 dltch
/ 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 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 lode claims;
| but where said pacer-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 snail
| 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-claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveyCd lands Provided, That proceedings
now pending may be prosecuted to their hnal
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-
yided 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 placer
claim. and also vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claim, with the
statement that it 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 Ilve 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 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-C lain, which does not include an APP
/ 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 pos
:
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. - That the Surveyor General of tho
| 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 surve,
| Of vein or lode Claims, and the survey and sub
Giyisios of plncer claims INTO smaller quuntitiC
: md Eiv
the cost of publication Of notices shall be paid b.
theapplicants, and they shall be at liberty to oh
tain the same at the most reasonable rates, Gnt
they shall also be at liberty to employ any UniteC
States Deputy Surveyor to make the survey
The Commissioner Of the General Land Ofiicl
| shall also have power to establish the maximum
charges for surveys and publication of notice
| under this acts and, in case OF excessive charge
| for publication, he may designate any newspnpe
published i'll q 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 tie end that the Commis
, siouer may be fully informed on the subject
j. | each applicant shall file with the Register
, sworn statement of all charges and fees paid b
, said applicant for publication and surveys t.
l gether with all fees and money paid the Resistt
and Receiver Of the land-ofice, which statemer
shall be transmitted, with the papers in til
case, to the Commissioner of the General Lane
Office. The fees OF the Register and the r.
ceiver shall be FIVE dollars each for filing al
f acting upon each application for patent or a.
5 verse claim filed, and they shall be allowed II
amount fixed by law for reducing test
p | mCny to writing, when done in Land Office, sue
n fees and allowances to be paid by the rCspecti'
:. | PARTIES and no other fees shall be charged
n them In such cases Nothing in this act shall
| construed to enlarge or affect the rights of eth
4 party in regard to any property in controversy
the time OF the passage of this act, or of the a
A entitled IAN act granting the right of way
n ditch and canal owners over the public land
n and for other purposes" approved July 90, 1876
o nor shall this act affect any right acquired und
said act; and nothing in this act shall be co
d strued to repeal impair, or in any way affect Il
n provisions of the act eputled IAN act grantil
n to A. Sutro the right Of way and other privleg
n to aid in the construction of a draining and e
ID ploring tunnel to the Comstock Lode, in t
or State OF Nevada" approved July 25h, 1866,
nv SEC 10. That all athdavits required to
made under this act or the act to which it
r. amendatory, may be verified before any oihl
m authorized to administer oaths within the Ia
H. district where the claims may be situated, q
Il. all testimony and proofs may be taken befC
m any such officer, and, when duly certified by
1y officer taking the same, shall have the same fo
M and effect as If taken before the Register a
n Receiver of the Land Office. In cases of cont
H. as to the mineral or agricultural character
q. land, the testimony and proofs may be taken
It. herein provided, on personal notice of at lie
20 ten days to the opposing party; or If said pa
as cannot be found, then by publication of at lie
in once week Tor thirty Gays In u newspaper, 10
pd designated by the Register of the Land Office
w. 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 in,
I'd 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
NO subsequent location shall have the right of '
IN. through said space OF intersection for the 2
th possesses of the convenient working of the S
les mine: And provided also, That where two
,rs more veins unite, the oldest or prior locat
We. shall take the vein below the point of union,
IN Guiding all the space of intersection.
Ter SEC. IS. That where non-mineral land
,ts 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 inclu
ali in an application for patent for such veil
no. lode, and the same may be patented therew
on subject to the same preliminary requirenie
II as to survey and notice as are applicable un
he this act to veins or lodes: Provided, That
ice location hereafter made Of such non-adjac
ION land shall exceed five acres, and payment
led the same must be made at the same rate as A
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,
be also receive patent for his mill site, as pr
has ded in this section.