Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-17


b. the surveyor-GeEeral. vherenpon the register
shall certify the proceedings and judgment-ron
10 the Commissioner OF the Land Once, 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 2sth 1896 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 uninoorporsted of the affidavit OF their
authorized agent, made on his own knowledge or
upgn information and belief, and in case Of
corporation organized under the laws Of the
United States, Of any State or Territory Of the
nitod States, by the filing OF q certified copy OF
their charter or certificate of incorporation; and
nothing herein contained shall be construed to
prevent the alienation Of the title conveyed By
patent for : mining claim TO any person what
ever.
SEC 6. That the description ofeein or lode
clsiIns. upon surveyed lands, shall designate the
location Cf the claim with reference TO the lines
Il the public surveys. but need not conform
Herewith; Int where s patent shall Dc
issued as aforesaid for claims upon unsur-
yCyed lauds, the Surveyor General in extending
the surveys, shall adjust the same 20 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 locstion Of any
such patented claim.
sac. 2. That sections one. two, three. four and
six Of an act entitled An Act granting the right
Of way to ditch and canal owners oyerthe public
lands. and for other purposes approved July
tWenty-si1th. eighteen hundred and slxty-sl1,
are hereby repealed, but such repeal shall not
sfIect existing rights. Applications for patents
for mining claims now pending may be prose
cuted 90 a final decision in the General Land
Oficr: but in such cases where adverse rights
.To not affected thereby, patents may issue in
pursuance Of the provisions Of this act and oil
patents fu- mining claims heretofore issued
under tie act OF July tventy-siZth, 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.
So H. 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 whore said placer-claims shall be upon sur
veyed lands, and conform to legal subdivisions,
no further survey OF plat shall be required, and
all placer mining claims hereafter lOcsted shall
conform as near practicable with the ntted
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
unsurvcyJd 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-
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 pre-emption purposes
SEC. II. That where the same person, assOciG-
ton or corporation in possession Of a placer
claim, and also vein or lode included within
l Hi 1f.so+ aFF. hall L.
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 I'VE 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 rat,
Of two dollars and fifty cents per acre, together
with all costs Of proceedings: and where vein 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 a patent fol
such placer-claim, which does not include an a p
plication for the vein or lode claim, shall be
construed US a conclusive declaration that the
claimant of the placerclaim has no right o pos
session Of the vein or lode claim; but where tn,
existence Of a vein or lode in pacer-claim is mo-
known. patent for the placer-claim shall conve,
all valuable mineral and other deposits within
| tn boundaries thereof.
SIC. Il That the Surveyor General of tn,
/ United States may appoint in each land dstric
containing mineral lands many competen
. surveyors as shall apply for appointment to SUI
I Nvy mining claims The expenses of the survc
If vein or lode claims, and the survey and sui
| Girispl Of placer claims into smaller quantite
than one hundred and sixty acres, together wit
the cost of publication Of notices, shall paid b
tLcEpplironts, and they shall be atliberty to OF
tain the same 1t 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 Oilic
. 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, he may designate any newspape
published in land district where mines al
/ 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 Commit
sioner may he fully informed on the subjec
each applicant shall file with the Register
sworn statement OF all charges and fees paid l
said applicant for publication and surveys, T.
gether with all fees and money paid the Resist'
and Receiver of the land-of6Ce, which ststemel
shall be transmitted, with the papers in u
case, TO the Commissioner of the General Lam
Office. The fees of the Register and the IL
ceiver shall be five dollars each for filing al
acting upon each application for patent or q
verse claim filed. and they shall be allowed Il
amount fixed by law for reducing tes
, mony to writing when done in Land Office, SUE
fees and allowances TO be paid by the respect
parties; and no other fees shall be charged
them in such cases Nothing in this act shall
construed to enlarge or affect the rights of eth
party in regard to any property in controversy
, the time Of the passage OF this nct or of the q
/ entitled IAN act granting the right of way
. ditch and canal owners over the public lant
a and for other purposes, approved July 26, lst
o nor shall this act affect any right acquired und
said act; and nothing in this act shall be co
strued TO repeal. impair, or in any way affect I
= provisions Of the act entitled IAN act grant
l. to A. Sutro the right OF way and other privilel
a TO aid in the construction Of a draining and G
d plOrng tunnel to the Comstock Lode, in I
II State OF Nevada, approved July 25th 1866.
Y SEC. II. That all afhdavits required to
a made under this act, or the act to which IL
p, amendatory, may I've verified before any Off
n authorized to administer oaths within the Ia
j. district where the claims may be situated a
|, ell testimony and proofs may be taken bef
n any such officer and, when duly certified by
Y officer taking the same, shall have the same 70
V and effect as il taken before the Register O
Ia Receiver of the Land Office. In cases of cont
l. as to the mineral or agricultural character
= land, the testimony and proofs may be taken
+ herein provided, on personal notice of at lie
q ten days to the opposing party; or if said pa
S cannot he found, then by publication of at lie
n | bICt u week lays III newspaper, TO
d designated by the Register of the Land Office
= published nearest the location of such land;
e the Register shall require proof that such not
y has been given.
It SEC. "a. That where two or more veins in,
d sect or cross each other, priority of title sl
. govern, and such prior location shall be EMIT
le to all ore or mineral contained within the SD
lie of intersection: Provided, however, That
~ subsequent location shall have the right of '
h. through said space OF intersection for the y
n possesses of the convenient working of the +
es mine: And provided also, That where two
rs more veins unite, the oldest or prior locat
e. shall take the vein below the point of union,
n Guiding all the space of intersection.
n SEC. 10. That where non-mineral land
is contiguous to the vein or lode is used or oc
10 pied by the proprietor of such vein or lode
,e mining or milling purposes, such non-adjac
If surface ground may be embraced and inclu,
II in an application for a patent for such weir
D lode, and the same may be patented therewi
n subject to the same preliminary requirenie
If as to survey and notice as are applicable un
le this act TO veins or lodes: Provided, That
% location hereafter made of such non-adjac
N land shall exceed five acres, and payment
d the same must be made at the same rate as fl
E. by this act for the superfcies of the lode. Z
,e owner of a quartz mill or reduction works,
m owning n mine in connection Herewith, n
Ne also receive a patent for his millsite, as pre-
~ ded in this section.
SEC. 16. That all acts and parts Of acts inc
H.. xritb lol,