Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-25

pay for his portion of the claim, with the prop
er fees, and file the eertincate and description \
by the surveyor-General, whereupon the register /
shall certify the proceedings and tudgment-roll |
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
the act of July Goth 1866 and July 9, 1870 in the
case of an individual, may consist in his own |
affidavit thereof. and in case Of an association OF
persons unincorporated OF the affidavit OF their
authorized agent made on his own knowledge or
upon information and belief and in case Of
corporation organized under the laws of the
United States, or of any State or Territory OF the
United States, by the filing Of a certified copy Of
their charter certificate OF incorporation; and
nothing herein contained shall be construed to
prevent the alienation of the title conveyed by
patent for a mining claim to any person what
ever.
SECS. 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 adj ust the same to the boun-
daries of such patented claims, according to the
plat or description thereof, but so as in ne case
to interfere with or change the location OF any
such patented claim.
SEC g. 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
lallus. anu lOT Ghposrn, uppioNcu0uiy
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are hereby repealed, but such repeal shall not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 be prose
cuted to a 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 Gil
patents for mining claims heretofore issued
under the act of July twenty-sixth eighteen
hundred and sixty six 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
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 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 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
unsurveyed lands: Provided, That proceedings
now pending may be prosecuted to their final
tAlstluB lhNbs put INC pfO-
visions of this act, when not in conflict with e1-
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, IL. That where the same person, hssocia-
ton or corporation in possession of placer
claim, and also a 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 Subject to the provisions Of this
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 where svein or
| lode, such as described in the second section Of
this act, is known to exist within the boundaries
! of pncer-claim, an application for patent for
| such placer-claim, which does not include an ap-
| plication for the vein or lode claim, shall be
construed as conclusive declaration that the
| amant of the placer-claim has no right o pos
session of the vein or lode claim; but where the
! existence OF u VEN or not
| known, apatent for 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
surveyors rs shall apply for appointment to sur
Yey mining claims. The expenses of the survey
of vein or lode claims, and the survey and sub
division of placer claims into smaller quantities
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 at the most reasonable rates. and
they shall also be at liberty to employ any United
| States Deputy Surveyor to make the survey.
| The Commissioner Of the General Land Office
shall also have power to establish the maximum
charges for surveys and publication of notices
| under this act and, in case of excessive charges
for publication, he may designate any newspaper
| published in land district where mines are
situated, for the publication of mining notices
| in such district, and fix 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 all charges and fees paid by
said applicant for publication and surveys, to-
gether with all fees and money paid the Resister
and Receiver of the land-ofice, which statement
shall be transmitted, with the papers in the
case, to the Commissioner of the General Land
| Office. The fees Of the Register and the Re-
ceiver shall be five dollars each for filing and
acting upon each application for patent or ad-
| NtIst Chill anu tIty bHhll De allowed the
amount fixed by law for reducing testi-
mony to writing, when done in Land Office, such
fees and allowances to be paid by the respective
parties; and no other fees shall be charged by
them in such cases. Nothing in this act shall be
construed to enlarge or affect the rights of either
party in regard to any property in controversy at
the time of the passage Of this act, or of the act
entitled AN act granting the right of way to
ditch and canal owners over the public lands,
and for other purposes" approved July &C. 1866
| shall this affect riphf iradp m av
said act; and nothing in this act shall be con.
strued to repeal impair, or in any way affect the
provisions of the act entitled IAN act granting
to A. Sutro the right of way and other privileges
to aid in the construction Of q draining and ex-
| ploring tunnel to the Comstock Lode in the
State of Nevada" approved July 25th, 1866.
Y SEC. IL. That ali afhdavits required to b,
q made under this act or the act to which 1t 1,
, amendatory, may be verified before any Office
q authorized to administer oaths within the lane
: district where the claims may be situated ant
, all testimony and proofs may be taken befor
0 any such officer, and, when duly certified by tn
officer taking the same. shall have the same fore
' and effect as If taken before the Register an
! Receiver Of the Land Office. In cases Of contes
as to the mineral or agricultural character G
land, the testimony and proofs may be taken a
= herein provided, on personal notice of at leas
D ten days to the opposing party; or il said part
5 cannot be found, then by publication Of at leas
d once week for thirty days in newspaper, to b
/ designated by the Register Of the Land ONCE q
HuDllhHtu utdTtht the lOChtlOn OF buCn lanQ, an
the Register shall require proof that such motto
: has been given.
I SEC, IA. That where two or more veins int,
sect or cross each other, priority of title shal
+ govern, and such prior location shall be enttle
e to all ore or mineral contained within the spac
e of intersection: Provided, however, That tn
9 subsequent location shall have the RIGHT Of wa
l. through said space Of intersection for the pul
h possesses Of the convenient working Of the sal
9 mine: And provided also, That where two G
8 more veins unite, the Oldest or prior locatio
: shall take the vein below the point of union il
: Guiding all the space ofintersection.
r SEc. 10. That where non-mineral land nc
S contiguous to the vein or lode is used or occl
8 pied by the proprietor Of such vein or lode fo
mining or milling purposes, such non I'D en-
( surface ground may be embraced and include
in an application for patent for such vein @
lode, and the same may be patented Herewith
subject to the same preliminary requirement
as to survey and notice are applicable unde
this act to veins or lodes: Provided, That n
> location hereafter made Of such non-adjacen
, land shall exceed I'VE 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 q patent for his mill-site as proyi
; ded in this section.
SEC. 16. That all acts and parts Of acts incon
sistent herewith are hereby repealed: Provided