Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-17

by the Surveyor General, whereupon the register
shall certify the proceedings and judgmentroll
TO the Commissioner Of the 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
,Ae act Of July 25th 1866 and July O. 1870, in the
case Of an individual, may consist in his own
affidavit thereof, and in case OF an association of
persons unincorpurated Of the affidavit OF their
authorized agent. made on his own knowledge or
upon information and belief, and in case of 3
corporation organized under the laws OF the
United States, or Of any State Territory OF the
United States. by the filing of certified copy Of
their charter or certificate Of incorporation; and
lothiug herein contained shall be construed to
prevent the alienation of the title conveyed by
patent for mining claim to any person what
ever.
SEC 8. 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 boun-
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. .. 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-sixth. eighteen hundred and sixty six.
are hereby repealed, but such repeal shall not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
Oflice but in suck 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 siIth, eighteen
hundred and siEty-six shall convey all the rights
and privileges conferred by this act where no
adverse rights exist al 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 to ditch
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 this
act for obtaining patents to vein or lode claims;
] but where said placer-caims 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 shall
! 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
uusurvey' d lands: Provided, That proceedings
now pending may be prosecuted to their final
determination under existing laws but the pro-
visions of this act, when not in conflict with eE-
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 II. That where the same person, associa-
tion 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 the
statement that il includes such vein or lode, and
in such case (subiect to the provisions of this
act and the act entitled can 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 where vein or
lode, such as described in the second section Of
this act, is known to exist within the boundaries
of a plucer-claim, an application for patent for
such plscer-claim, which does not include an ap.
plication for the vein or lode claim, shall be
construed a conclusive declaration that the
ella mant Of tho plaCer-claim has no right Of pos.
session OF the vein or lode claim; but where the
existence of vein or lode in placer-clsim is not
known. apatent for the placer-claim shall convey
all valuable mineral and other deposits within
/ tn boundaries thereof.
SIC. II That the surveyor General of the
! United States may appoint in each land district
containing mineral lands as many competent
surN yors as shall apply for appointment to sur
yry mining claims, The expenses of the surve,
Of vein or lode claims, and the survey and sub
division of placer claims INTO smaller quantitie
than one hundred and sixty acres, together with
the cost of publication of notices shall be paid by
the appliCants, and they shall be at liberty to OBJ
tain the same ut the most reasonable rates, anC
thev shall also be at liberty to employ any United
States Deputy surveyor to make the survey
The Commissioner Of the General Land Once
shall also have power to establish the maximum
charges for surveys and publication Of notices
under this act; and, in case OF excessive charge,
for publication, he may designate any newspaper
published in land district where mines ar,
situated, for the publication of mining notice
in such district and tx the rates to be charged
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 ali charges and fees paid b,
said applicant for publication and surveys, to
gether with all fees and money paid the Resiste
and Receiver of the land-offce, which Statement
shall be transmitted, with the papers in tn
case to the Commissioner Of the General Land
Office. The fees OF the Register and the Re
ceiyer shall be five dollars each for filing ant
acting upon each application for patent or ad
verse claim filed, and they shall be allowed tn
amount fixed by law for reducing testi
mony to writing. when done in Land Office, sucl
fees and allowances to be paid by the respectiv
parties; and no other fees shall be charged b,
them in such cases. Nothing in this act shall b
construed to enlarge or affect the rights of eithe
party in regard to any property in controversy q
the time OF the passage of this act, or of the &C
entitled An act granting the right of way t.
ditch and canal owners over the public lands
and for other purposes" approved July &c, 1886
nor shall this act affect any right acquired unde
said act; and nothing in this act shall be con
strued to repeal, impair, or in any way affect tn
provisions Of the act entitled IAN act grantin
to A. Sutro the right Of way and other privilege
to aid in the construction of Il draining and eI
ploring tunnel TO the Comstock Lode, in tn
State OF Nevada, approved July 25th, 1866.
SEC. 10. That all atiidavits required to b
made under this act, or the act to which it !
amendatory, may be verified before any office
authorized to administer oaths within the LAM
district where the claims may be situated an
all testimony and proofs may be taken befor
any such officer, and, when duly certified by tn
officer taking the same. shall have the same fore
and effect as il taken before the Register an
Receiver of the Land Office. In cases of contes
as to the mineral or agricultural character q
land, the testimony and proofs may be taken a
herein provided, on personal notice of at leas
ten days to the opposing party or if said part
cannot be found. then by publication of at leas
once q week for thirty days in a newspaper to b
! u
published nearest the location of such land; an
the Register shall require proof that such motto
has been given.
SEC. IA. That where two or more veins inter
sect or cross each other, priority Of title shal
govern, and such prior location shall be entitle
to all ore or mineral contained within the spac
of intersections Provided, however. That tn
subsequent location shall have the right of wa
through said space of intersection for the pun
possesses of the convenient working OF the sal
mine; And provided also. That where two o
more veins unite, the oldest prior Location
shall take the vein below the point of union, in
Guiding all the space of intersection.
SEC. Is. That where non-mineral land no
contiguous to the vein or lode is used or occu
pied by the proprietor of such vein or lode 70
mining or milling purposes, such non-adjace
surface ground may be embraced and include,
in an application for patent for such vein o
lode, and the same may be patented Herewith
subject to the same preliminary requirement
as to survey and notice as are applicable unds
this act to veins or lodes Provided That n
location hereafter made Of such non-adjacen
land shall exceed FIVE acres, and payment 70
the same must be made at the same rate as fixe,
by this act for the superfcies Of the lode. Tn
owner of a quartz mill or reduction works, no
owning q mine in connection Herewith ma
also receive patent for his mill-site as provi