Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-15

lN the SnrseNDf-UtiltTdls NutrtQpou TIC AtSirtrt 1
shall certify the proceedings and juagment-roll
to the Commissioner ofthe Land Office, as in the
preceding 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 10th ls6s and July .. 1870 in the
case Of an individual, may consist in his own
affidavit thereof and In case of an association OF
persons unincsrporatea OF the affidavit OF their
authorized agent, made on his own knowrogs OF
upon information and belief, and IL case OF
corporation organized under the laws OF the
United States or Of any State or Territory oil the
United States, by the filing of 8 certified copy VI
their charter or eertincate OF lneorpOra.lon' an
nothing herein contained shall be construed to
prevent the alienation Of the title conveyed ny
patent fer a mining claim TO any person What-
ever.
SFr = That the description of vein or lode
Claims. upon surveyed lands, shall designate the
location az the claim with reference to the lines
of the public surveys, but need not CONFORM
Herewith; but where patent shali De
issued as aforesaid for claims upon nnsur-
yeyed lands, the Surveyor General in extending
the surveys shall adjust the same to the soun-
darles of such patented claims, according TO the
Dlat or description thereof but so as in no case
to interfere with or change the IVcatloh Oh an! |
such patented claim.
SPC O That sections one, two, three, four and
six Of an act entitled An Act granting ths right
of yav to ditch and canal owners over the public
lands, and for other purposes, approved July
twentv-sixth. eighteen hundred and slxty-sih,
are hereby repealed but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending nay be 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 |
patent. for mining claims heretofore issued |
under the act OF July twenty-siHth, eighteen
hundred and sixty-sx 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.
SIC. 10. That the act entitled An Act to
amend an act granting the right OF way to dlteh
and canal owners over the public lands, and for
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain III
full force except as to the proceedings TO OBTAIN
q 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
4 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 the United
| States system Of public land surveys ana tine
! 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
] unsuryeysd lands Provided, That proceedings
/ now pending may be prosecuted to their fnal
! determination under existing laws; but the pro-
visions of this act, when not i'll conflict with ex-
/ listing laws, shall apply to such cases: Ana pro.
| vided also, That where by the segregation OF
/ mineral land in any legal subdivision q quantity
! of agricultural land less than forty acres re-
| mains said fractional portion Of agricultural
/ land may be entered by any party qualihed by
law for homestead or presumption purposes
SEC. II. That where the sans person, associs-
| ton or corporation in possession OF a placer
| claim and also vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claim, with ths
statement hat it includes such vein or lode, and
u to ha ~
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 whereavein or
lode, such as described in the second section Of
this act, is known to exist within the boundaries
of plucer-claim, an application for patent Tor
such placsr-elaim, which does not include an ap.
plication for the vein or lode claim, shall be
construed conclusive declaration that the
ella mant of the placsr-clam has no right OF pos
session Of the vein or lode claim; but where the
existence of vein lode in placer-claim is not
known patent for the plaeer-clsim shall convey
: all valuable mineral and other deposits within
q tn boundaries thereof.
e SEC. IL That the Survey or-General of the
l. United States may appoint in each land distric
o containing mineral lands as many competen
o surveyors as shall apply for appointment to sur
Ne yey mining claims. The expenses OF the surve
Is of vein or lode claims and the survey and sub
# division of placer claims into smaller quantitie
lie than one hundred and sixty acres, together witt
the cost of publication of notices, shall be paid b
the applicants and they shall be at liberty to oh
ii tain the same at the most reasonable rates, an,
v b., ubal1 nj he liberty to emDlDv InltU
s. States Deputy Surveyor to make the survey
% The Commissioner OF the General Land-Ohc
d shall also have power to establish the maximum
l. charges for surveys and publication of notice
II under this act; and, in of excessive sharge
is for publication, he may designate any newspape
Il published in a land district where mines ar
lie situated for the publication of mining notice
at in such district and fix the rates to be charge
ii by such paper: and, to the end that the Comm
rs sioner may be fully Informed on the sublec
De each applicant shall file with the Register
to sworn statement of all charges and fees paid
ne said applicant for publication and surveys, Il
IN gether with all fees and money paid the Resstt
a. and Receiver Of the lnnd-ofiice which statemei
d, shall be transmitted, with the papers in IL
rs, case to the Commissioner of the General Lam
e. Office. The fees OF the Register and the II
re ceiver shall be five dollars each for filing al
of acting apon each application for patent or a
lis verse claim filed, and they shall be allowed Il
ct, amount hxed by law for reducing test
or muny to writing, when done in Land Office, sal
er- parties and no other fees shall be charged
on them in such cases. Nothing in this act shall
IN, construed to enlarge or affect the rights of eth
at party in regard to any property in controversy
in the time Of the passage of this act, or OF the
nd entitled IAN act granting the right OF way
to ditch and canal owners over the public lane
i'm and for other purposes" approved July %, 49,
no nor shall this act affect any right acquired und
said act; and nothing in this act shall be CO
red strued to repeal impair, or in any way Affect
OBJ provisions Of the act entitled AN act grant
on, to A. sutro the right of way and other privilel
e to aid in the construction Of o draining and {
ted ploring tunnel to the Comstoek Lode in
or State Of Nevada approved July 29th, 1866.
lay SEC. 10. That all afhdayits required to
II a made under this act, or the act to which it
ce amendatory, may be verified before any Off
i'm authorized to administer oaths within the la
di- district where the claims may be situated, a
al, all testimony and proofs may be taken bef(
i'm any such officer, and, when duly certified by
by officer taking the same, shall have the same TO
,py and effect as il taken before the Register q
lch Receiver Of the Land Office. In Cases OF cont
Gu as to the mineral or agricultural character
re- land the testimony and proofs may be taken
'at- herein provided, on personal notice Of at lie
wo ten days to the opposing party; or If said pa
as cannot be found, then by publication Of at lie
, in once week for thirty days in newspaper, to
led designated by the Register of the Land Once
1w- published nearest the location Of such land;
the the Register shall require proof that such not
no. has been given.
II
iod sect or cross each other, priority Of title 81
sig govern, and such prior location shall be EMIT
he to all ore or mineral contained within the sp
the of intersection: Provided, however, That
ing subsequent location shall have the right Of '
it'll through said space Of intersection for the r
18th possesses of the convenient working OF the q
ltes mine: And provided also, That where two
lars more veins unite, the Oldest or prior losat
've shall take the vein below the point of union,
ran- GLIDING all the space Of intersection.
her SEC. is. That where non-mineral land
ects contiguous to the vein or lode is used or &C
the pied by the proprietor of such vein or lode
D be mining or milling purposes such non-adjac
n of surface ground may be embraced and inclu
hall in an application for patent for such veil
no. lode, and the same may be patented therew
e on subject to the same preliminary requfrenit
If as to survey and notice as are applicable un
the this act to veins or lodes: Provided, That
flee location hereafter made OF such nonadja JAG
ton land shall exceed five acres, and payment
tied the same must be made at the same rate a. q
Of nv this act for the guperfiaies of the lode.