Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-22

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,versl parties according TO their respective
ghts Proof Of citizenship under this act. or
e at Of July 18th ls65, and July 2, lsIO, in the
lse 81 IN individual, may consist II his own
iEdayii thereof, and in case Of an Ascension OF
srzoits uulnr0rp0rated Of the affidavit Of their
uthorized agent made on his own knowledge or
non information and belief, and in case Of
1-T5orafi5u orranized under the laws OF the
-uited States, Of any State or Territory Of the
-nited States, by the fling Of certified copy OF
heir charter OF certificate Of incorporation; and
gthiuu herein contained shall be construed TO
reyeIt the alienation Of the title conveyed by
latent for 3 mining claim to any person what
yer.
Sc. s. Tha: the description Of vein or lode
laius uuOn surveyed lands, shall designate the
o-ation ~ the claim with reference TO the lines
4 the public surveys, but need not conform
herewith. but where patent shAA De
ssued as aforesaid for claims upon unsur-
-eyed lands, the Surveyor General in extending
he surveys, shall adjust the same 10 the boun-
iarie- Of such patented claims, according to the !
llat or description thereof, but 20 a. in no case
o interfere with or change the location OF any |
such patented claim.
SIC 9. That sections one, two, three, four and |
six Of an act entitled An Act granting the right
u way to ditch and canal owners over the public
lands and for other purposes, approved July
.weHty-siNth. eighteen hundred and slXty-slN,
are hereby repealed, but such repeal shall not
Affect existing rights. Applications for patents
cuted t. fual decision il the General Land
Once; but in such cascs where adverse rights
are not affected thereby, patents may Issue IN
pursuance Of the provisions Of this act ana ali
patents Tor mining claims heretofore issued
under the act Of July twenty-siGth, eighteen
hundred and sixtysiX, shall convey ell the rights
and privileges conferred by this act WHERE 10
adverse rights exist at the time Of the passage Of
THIS ut,
..srr .rt4f ND he ID Ct
and canal owners over the public lands, ana Tor
other purpo.gs approved July ninth. eighteen
hundred and seventy, shall be and remain IN
full force, except as to the proceedings 10 OBTAIN
q patent which shall be similar to the proceed
ing prescribed by sections six and seven Of this
act for obtaining patents to vein or lode claims;
hut wber. said placer-Claims shall b. upon sur
Yeyed lands, and conform TO legal supdlNlslons,
10 further survey or plat shall De required, ana
all placer mining claims hereafter located shall
conform as near a. 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
plActr-claims cannot be conformed 10 legal sub
division, survey and plat shall be made as on
unsurveysd 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 Win eA-
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. sid fractional portion Of agricultural
land may be entered By any party quAllhed by
law for homestead or pre-cmptlOn purposes.
SIC. H. 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 snail be
made for patent for the placer-clairn, with the
statement thst il includes such vein or lode, and
in D. 0s4g
act and 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 pur-
poses: approved July ninth, eighteen hundred
and seventy Il patent shall issue for the placer.
claim, including such vein or lode upon the
payment OF 1--WE dollars per acre for such vein oi
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 whereavein ol
lode, such BE described in the second section Of
this act, is known to exist within the boundaries
of placer-C claim, an application Tor patent fo
such placer lain, which does not include an ap
plicAtion for the vein or lode claim, shall b'
construed as 4 conclusive declaration that th'
| claimant OF the plaCCr-claim has no right 0 pos
| session Of the vein or lode claim; but where The
| existence of Il vein or lode in placer claim is no
| known patent for the placer-clgim shall conVe,
| all valuable mineral and other deposits within
| thu boundaries thereof.
| SIC u That the Surveyor General Of til
| United States may appoint in each land distrlc
containing mineral lands as many conpeter
surveyors as shall apply for appointment to SUI
vcy mining claims. The expenses OF the surye
Of vein or lode claims, and the survey and sui
division Of placer claims into smaller quantiti'
than one hundred and sixty acres, together wit
the cost Equalization Of notices shall paid I
the applicants and they shall be at liberty to OF
tain the same at the most reasonable rates, an
they shall also be at liberty to employ any Unite
States Deputy Surveyor to make the surVe,
The Commissioner Of the General Land-Ofh'
shall also have power to establish the maximul
charges for surveys and publication Of MOTTO
under this act; and, i'll case of excessive Charg
, for publication, he may designate any newspap
published in land district where mines a
, situated, for the publication of mining motto
in such district, and fix the rates to be charg
by such paper; and, to the end that the Comm
: siuncr may be fully informed on the subje,
; each applicant shall file with the Register
, sworn statement Of all charges and fees paid
@ said applicant for publication and surveys,
n gether with all fees and money paid the Resist
;. and Receiver Of the land-offce, which stateme
| shall be transmitted, with the papers in
l., | case, TO the Commissioner Of the General Lal
!. | ONCE. The fees of the Register and the
q | ceiver shall be 1--WE dollars each for filing a
f acting upon each application for patent or
g verse claim filed, and they shall be allowed
|, amount fixed by law for reducing te,
n mony to writing, when done in Land Office, su
n fees and allowances to be paid by the respect
p. parties; and no other fees shall be charged
n them in such cases. Nothing in this act shall
4. construed to enlarge affect the rights of cit
Al party in regard to any property in controversy
N ! the time of the passage of this act, or of the
id entitled IAN act granting the right of way
Ia ditch and canal owners over the public Ian
m and for other PURPOSES" approved July &c, II
no nor shall this act affect any right acquired un
/, said act; and nothing in this act shall be c
I'd strued to repeal, impair or in any way affect
h. provisions of the act entitled IAN act grant
n to A. SutrO the right of way and other prvle
n | to aid in the construction of q draining and
ed plorng tunnel to the Comstock Lode, in
or State of Nevada" approved July 25th, 1866.
nv SEC. Is. That all affidavits required to
r a made under this act, or the act to which il
70. amendatory, may he verified before any of
inn authorized TO administer oaths within tho
IL district where the claims may be situated,
Al. all testimony and proofs may be taken be
inn any such officer, and, when duly certified by
bv officer taking the same shall have the same f
ny | and effect Us il taken before the Register
rh Receiver OF the Land Office In cases Of con
H. | as to the mineral or agricultural charactc
re-. land, the testimony and proofs may be take
A. herein provided, on personal notice of at
yo ten days to the opposing party; or If said p
as cannot be found, then by publication of at
in once a week for thirty days in newspaper, I
ed designated by the Register of the Land OH,
W. published nearest the location of such land
he the Register shall require proof that such Il,
TO- has been given.
nat SEC. IA. That where two or more veins il
cd sect or cross each other, priority of title
DO govern, and such prior location shall be ent
he to all ore or mineral contained within the 5
The | of intersections Provided, however, That
ing subsequent location shall have the right of
tn through said space Of intersection for the
ith possess of the convenient working of the
ties mine: And provided also, That where tw
ara more veins unite, the oldest or prior loc;
We shall take the vein below the point of unioI
an. GLIDING all the space ofintersection.
her SEC. To- That where non-mineral land
cts contiguous to the vein or lode is used or
he pied by the proprietor of such vein or lod
be mining or milling purposes, such non-adja
of surface ground may be embraced and incl
all in an application for patent for such We
no. lode, and the same may be patented there'
on subject to the same preliminary requiem
II as to survey and notice as are applicable u
the this act to veins or lodes: Provided, Thu
nee location hereafter made of such non-adji
ion land shall exceed five acres and paymer
led the same must be made at the same rate as
Of by this act for the superfcies of the lode.
rise owner of a quartz mill or reduction works
ON owning n mine in connection Herewith,
be also receive a patent for his mill-site, as \
has ded in this section.
SEC. 16. That all acts and parts of acts il
he sistent herewith are hereby repealed: Prov
h. That nothing contained in this act shall be
the strued TO impair, in any way, rights or int
les. in mining property acquired under existing
,ro Approved May 10, 1872.
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