Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-25

PfeNtdlns case, and patents shall issue 10 IN
several parties according TO their respectiy
. rights. Proof Of citizenship under mis- - a
rue 4ct OF July 10Th ls56, and July 9, 1870 in tn
i case Of an individual, may consist in his ow7
afndaNlt thereof, and in case OF an association
i persons uninoorpora,ed of the affidavit ~ thei
authorized agent. made on his own knowledge O
i upon Information and belief. and in case Of
= corporation organized under the laws OF tn
Tinted States, or of any State or Territory Of tn
United States. by the filing of certified copy o
Their charter or certificate Of incorporation; ant
e nothing herein contained shall be construed I,
. prevent the alienation Of the title conveyed by
patent for mining claim to any person what
. ever.
SIC. s. That the description Of vein or lod,
claims, upon surveyed lands, shall desi gn4te III,
location Of the claim with n ference to the line.
Of the public surveys, but need not conform
Herewith: but where a patent shall BE-
issued as Aforesaid for claims upon unsur.
! veyod lands, the Surveyor General in extending
the surveys, shall adjust the same TO the boun.
darles Of such patented claims, according TO the
plat or description thereof, but SO as in no case
such patented claim,
SEC. .. 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are hereby repealed, but such repeal shall not
auect existing rights, Applications for patents
Tor mining claims now pending may be prose
tAAtlNA 70 q llilAl utCLrlol IN The General Land
once; 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 slNtysiN, shall convey all the rights
ana privileges conferred by this act where no
adverse rights exist at the time of the passage of
this act
SEC. 10. That the act entitled An Act to
amend al act granting the right OF way to ditch
Is uv1g 60
otAer purposes approved July ninth, eighteen
hundred and seventy, shall be and remain in
iull force, except 70 the proceedings to obtain
patent which shall be similar to the proceed
llss 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.
Feyed lands, and conform to legal subdivisions
no .Lfther survey or plat shall be required and
all PAGER mining claims hereafter located shall
conform as near 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-c!aims cannot be conformed TO legal sub.
DIVISION, survey a8d plat shall be made as on
unsurveyt lands: Provided. That proceedings
now pending may be prosecuted to their final
determination under existing laws; but the pro-
VISIONS OF TINS act, when not in conflict with eX.
lstng laws, shall apply to such cases: And pro.
Vlded also, That where by the segregation of
mineral land in any legal subdivision a quantity
OF agrcultura land less than forty acres re-
mains, said fractional portion Of Agricultural
land may be entered by any party qualified by
law, Tor homestead or presumption purposes
SEC. II. That where the same person associa-
tlon OF corporation in possession of a placer.
claim. and also a vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-caim, 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
whit -
owners over the public lands, and for Other pur
poses; approved July ninth, eighteen hundred
ana seventy patent shall issue for the placer
clam, including such vein or lode, upon the
payment OF I've dollars per acre for such vein or
lode claim, and twenty-five feet Of surface on
each side thereof The remainder of the placer.
cain, or any placer claim not embracing any
VEN or lode claim. shall be paid for at the rate
OF two dollars mud fifty cents per acre, together
win al! 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
ola placer-claim, an application for a patent for
such placer-c!aim which does not include an ap-
plicaton for the vein or lode claim, shall be
construed as 4 conclusive declaration that the
ella mant OF the placer-caim has no right of DOS
session Of the vein or lode claim; but where the
existence OF VEN or lode in placer.claim is not
known, apatent Tor 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
survey rs as shall apply for appointment to sur.
Vty mining claims. The expenses of the survey
OF VEN OF lode claims and the survey and sub
ulNlalO of placer claims INTO smaller Quantities
thhn one hundred and sixty acres together with
the cost OF publication Of notices shall be paid by
theapplicants, and they shall be at liberty toob
tam the Same at the most reasonable rates, and
they shal. also be at liberty to employ any United
mates T, Deputy Surveyor to make the survey.
la b. ~,
shall also have power to establish the maximum |
charges Tor surveys and publication of notices /
under this act; and, in case of excessive charges
Tor publication, he may designate any ne spaper /
published III land district where mines are
situated Tor tile publlcatiOn of mining notices
IN such district, and fix the rates to be charged
by such paper and, to the end that the Commits |
Slonor may be fully informed Oh the subject |
each applicant shall file with the Register a |
sworn statement Of all charges and fees paid py
SAID applicant for publication and surveys TO- I
gether with all fees and money paid the Resister
and Receiver Of the and-oflice which statement |
snail bn transmitted, with the papers in the |
case, TO the Commissioner Of the General Land. |
Oihce. lie fees Of the Register and the Re. /
celvcr Shall be hve dollars each for filing and |
acting upon each application for patent or nd.
verse claim fled, and they shall be allowed the /
amount hHtd by law for reducing testi-
huhy TO writing, when done in Land Office such
ices ana allowance TO be paid by the respective
parties; and H. other fees shall be CHARGED Inv
them in such cases Nothing in this act shall he
construed TO enlarge affect the rights Of either
party III regard to any property in controversy at
the time OF the passage of this act, or of the net
entitled An act granting the right of way to
dltCh ana canal owners over the public lands.
ana Tor other purposes, approved July &c, 1866.
nor shall this act affect any right acquired under
SAID act; and nothing in this act shall be con-
sirued to repeal impair, or in any way affect the
provisions Of the act entitled IAN act grantin,
10 A, sutro the right Of way and other privileges
70 "iu III the construction Of draining and ex-
llcrlng tunnel to the COmstock Lode in the !
state OF Nevada, approved July 25lh, 1866.
SEC. -. That all afldavits required to be
made under this act or the act to which IL ,s |
amendatory, may be verified before any officer
authorized to administer oaths within the land
district where the claims may be situated and
all testimony and proofs may be taken before
any such officer, and, when duly certified BY the
Dihcer taking the same, shall have the same force
and effect us If taken before the Register and
receiver OF the Land Office In cases of contest
As TO the mineral or agricultural character of
-hd the testimony and proofs may be taken as
lereln provided, on personal notice of at least
tu DAYS to the opposing party; or if said party
~ not be found. then by publication of at least
1nee week for thirty days in newspaper, to be
designated by the Register of the Land Office as
lublshed nearest the location of such land. and
he Register shall require proof that such notice
las been given.
SEC. H. That whore two or more veins inter.
ect or cross each other, priority of title shall
'overn and such prior location shall be entitled
Q all ore or mineral contained within the spacp
i intersection; Provided. however, That the
uosequent location shall have the RIGHT of wsy
trough said space Of intersection for the mr..
'oseses OF the convenient working of the said
nine: And provided also. That where two or
lore veins unite, the oldest or prior location
hall take the vein below the point of union in.
luding all the space of intersection
SEC 10. That where non-mneral land not
ontiguous to the vein or lode is used or occu |
led by the proprietor OF such vein or lode for
aiming or milling purposes, such non.adiacent
urface ground may be embraced and Included | ,
an application for patent for such vein or
ode, and the same may be patented therewitb
ublect to the same preliminary requirements
; to survey and notice as are applicable under
MS act to veins or lodes; Provided, That no
)cation hereafter made of such non-adiscent
lnd Shall exceed Ave acres, and payment for
10 same must be made at the same rate as fYad
y this act for the superficies of the lode Tho
wner OF quartz mill or reduction works NOT
"ning mine in connection Herewith. NAV
SO receive patent for his mills as provi.
I'd in this section f-''f
Dec. l6. That all acts and parts of acts incon.
stent herewith are hereby repealed Provided q
nat nothing contained in this act shall be con- Z
rued to impair, in any way, rights or interests
mining property acquired under existing laws
pproved Nav TO- 1879 "''