Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-24

4
receding case, and patents shall issue to the
sveral parties according to their respective
lights Proof of citizenship under this act, or
he act Of July Goth 1906 and July 3, 1870. in the
ase Of an individual, may consist in his OWE
Ifidayit thereof and in case of an association OF
persons unincorporated OF the affidavit Of their
agent. made on his own knowledge or
mon information and belief, and in case OF a
corporation organized under the laws OF the
United States or Of any State or Territory OF the
United States, by the filing of certified copy OF .
heir charter or certificate Of incorporation: and .
nothing herein contained shall be construed 10
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 lode |
claims upon surveyed lands, shall designate the I
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-
yeyed lands, the Surveyor General in extending
the surveys, shall adjust the same to the boun-
DIARIES 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 over the public
lands, and for other purposes, approved July
twenty-sixth. eighteen hundred and sixty-siN.
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to "a final decision in the General Land
Otiice 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 chims heretofore issued
under the act of July twenty-sixth, 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.
Sc. 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 Tor
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-claims shall be upon sur
yeyed lands, and conform to legal subdivisions,
no further survey or plat shall be required, and
all placer mining claims hereafter located shall
conform near SIS 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
unsurveyfd 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 eN-
listing laws shall apply to such cases And pro-
vided also That where by the segregation Of
mineral land i'll 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 placer
claim, and also vein or lode included within
the boundaries thereof, application shall he
made for patent for the placer-clalln, with the
statement that it includes such vein lode, and
in such case Subject to the provisions of tins
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 patent shall issue for the placer
claim, including such vein or lode, upon the
payment Of tve 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 avein OF
lode, such as described in the second section OF
this act. is known to exist within the boundaries
Of placer-claim, an application for patent foi
such placer-clanl, which does not include an ap-
plication for the vein OF lode claim, shall be
construed as Il conclusive declaration that the
claimant Of the placer-claim has no right o pos
session Of the vein or lode claim; but where the
existence of vein or lode in placer-claim ii not
known, patent for the placer-claim shall convey
| all valuable mineral and other deposits within
| TIL boundaries thereof.
! SEC. u That the Surveyor General Of thu
| United States may appoint in each land distric
| containing mineral lands as many competen
surveyors as shall apply for appointment to SUI
vcy mining claims The expenses of the surve
Of vein or lode claims, and the survey and sui
division of placer claims INTO smaller qnantltie
than one hundred and sixty acres, together wit
the cost OF publication of notices shall be paid
| theappliCants and they shall be at liberty to OF
tain the same ut the most reasonable rates, an
they shall also be at liberty to employ any Unite
States Deputy Surveyor to make the survey
| The Commissioner of the General Land OtfC
shall also have power to establish the maximum
charges for surveys and publication Of notice
under this act; and, in case of excessive charge
for publication, lie may designate any new papt
published in a land district where mines u
situated, for the publication of mining notice
| in such district, and fix the rates to be charge
by such paper; and, to the end that the COmmi
sioner may be fully informed on the subjec
each applicant shall file with the Register
, sworn statement Of all charges and fees paid |
, said applicant for publication and surveys, t
gether with all fees and money paid the Resist
and Receiver Of the land office, which stateme
shall be transmitted, with the papers in Il
case to the Commissioner OF the General Ian
: Office. The fees Of the Register and the X
q ceiver shall be tve dollars each for filing al
{ acting upon each application for patent or a
S verse claim filed, and they shall be allowed t
| amount fixed by law for reducing ties
r | mony to writing, when done i'll Land Office, su
n fees and allowances to be paid by the respect
: | 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 eitl
4 party in regard to any property in controversy
n the time of the passage of this act, or Of the
d entitled "An act granting the right of way
q ditch and canal owners over the public lam
N and for other purposes" approved July &C. Is
10 nor shall this act affect any right acquired unC
said act; and nothing in this act shall be c,
d strued to repeal, impair, or in any way affect
b. provisions of the act entitled IAN act grant
n. to A. Sutro the right of way and other privile
a to aid iii the construction of draining and
cd ploring tunnel to the Comstock Lode, in
or State of Nevada, approved July 25ih, 1866.
nv SEC. 10. That all atlidavits required to
a made under this act, or the act to which it
o. amendatOry, may he verified before any Off
m authorized to administer oaths within the Il
h district where the claims may be situated,
Il. all testimony and proofs may be taken Def
m any such officer, and, when duly certified by
" officer taking the same, shall have the same &c
" and effect as If taken before the Register
il Receiver of the Land Office. In eases of con
H. rs to the mineral or agricultural character
g. land, the testimony and proofs may be takel
t. herein provided, on personal notice of at |,
70 ten days to the opposing party; or if said pi
ms cannot be found, then by publication of at Il
i'm once a week for thirty days in newspaper, Il
I'd designated by the Register of the Land Ofiic
w. published nearest the location of such land;
he the Register shall require proof that such no
o. has been given.
at SEC IA. That where two or more veins in
cd sect cross each other, priority of title 3
ip- govern, and such prior location shall be emit
lie to all ore or mineral contained within the S,
he of intersection: Provided, however, That
no subsequent location shall have the right of
h through said space of intersection for the
tn possesses of the convenient working Of the
es mine: And provided ALSO That where tive
Irs more veins unite, the oldest or prior loca
re- shall take the vein below the point of union
IN. Gliding all the space of intersection.
er SEC. To- That where non-mineral land
It's contiguous to the vein or lode is used or o
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 melt
All in an application for patent for such vel
To- lode, and the same may be patented therev
on subject to the same preliminary requiem
If as to survey and notice as are applicable III
he this act to veins or lodes: Provided, Tha
ice location hereafter made of such non-adja
on land shall exceed five acres, and payment
ed the same must be made at the same rate as I
Of by this act for the super6cies of the lode.
rse owner of quartz mill or reduction works
,m owning mine in connection Herewith,
be also receive patent 1or MS mlll-slte, as pi
,as ded in-Lhis section.
SEC. 16. That all acts and parts Of acts in
be sistent herewith are hereby repealed: Provi
he That nothing contained in this act shall be
he strued to impair, in any way, rights or intel
-. in mining property acquired under existing ]
70, Approved May 10, 1872.
nd
al CHAP. CCAlN.-An ACT TO amend an ACT ent