Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-04

r,.c.iing case. and patents shall issue to the
.ver.l parties according to their respective
ehts Proof of citizenship under this act, or
IL act Of July 26th 1866, and July 3, 1870, In the
,ss OF an individual. may consist in his own
mdayit thereof and in case OF an association OF
ersops unincorporated OF the AfhdANt OF their
authorized agent, made on his own knowledge or
pon information and belief, and in case OF
1rporati5n organized under the laws of the
-uited States or Of any State or Territory OF the
-nited states. by the hling of n certified copy OF
heir charter or certificate Of incorporation; and
.othing herein contained shall be construed 10
reyent the alienation Of the title conveyed by
latent for a mining claim to any person what
Yer.
SIC. :. That the description Of vein or lode
laims upon surveyed lands, shall designate the
ocation of the claim with reference 10 the iihes
4 the public surveys, but need not conform
herewith: but where patent shall De
ssued as aforesaid for claims upon unsur-
seyed lands, the Surveyor General IN extending
he surveys, shall adjust the same TO the Doun- !,
iaries OF such patented claims, according 10 the l
Dlat or description thereof, but as in no case |
70 interfere with or change the location OF any |
such patented claim.
SIC 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 overthe public
lands, and for other purposes approved July
twenty-sixth. eighteen hundred and slNty-siA,
are hereby repealed but such repeal shall not
affect existing rights. Applications for patents
for mining Claims now ltiiulls iAlhN W lipe,
cuted to final decision i'll the General Land
Office: but in such cases where adverse rights
are not affected thereby, patents may issue II
pursuance Of the provisions Of TINS act ana al
patents for mining claims heretofore Issued
under the act of July twenty-siSth, 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. TO- That the act entitled An Act to
.,s,,s, I, l, rtT of tpay N
and canal owners over the public lands, and Tor
other PURPOSES approved July ninth, eighteen
hundred and seventy, shall be and remain III
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
veyed lands, and conform to legal suodlNlsiohs,
no further survey or plat shall be required, ana
all placer mining claims hereafter located shan
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 invent!
acres for each individual claimant, but where
placer-claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveysd lands: Provided, That proceedings
now pending may be prosecuted TO their maj
determination under existing laws but the pro
visions of this act, when not in conflict with ex-
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 qualihed D!
law. for homestead or prescription purposes
SEC H. That where the same person, assoeia-
ton or corporation in possession OF q 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 it 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 OIL
lode claim, and twenty-five feet OF surface OF
| each side thereof. The remainder of the placer
| claim. or any placer claim not embracing an.
vein or lode caim, shall be paid for at the rat
Of two dollars aud fifty cents per acre, together
! with all costs OF proceedings; and wherearein o.
! lode such as described in the second section o
| this act, is known to exist within the boundarle
| of q placer-Claim, an application for patent 10
such placer claim, which does not include an ap
pliCation for the vein or lode claim, shall b
| construed as Il conclusive declaration that tn
| ella mant of the placer-claim has no right Of pos
| session of the vein or lode claim; hut where tn
existence of a vein or lode in placer-claim is no
| known, patent for the placer-claim shall conve
all valuable mineral and other deposits With
| thu boundaries thereof.
SEC 10 That the Surveyor General of tn
United States may appoint in each land distrie
containing mineral lands AZ many competer
surveyors as shall apply for appointment to SUI
, | vey mining claims. The expenses of the survc
of vein or lode claims, and the survey and SUI
division of placer claims INTO smaller quantiti'
, than one hundred and sixty acres, together viii
the cost of publication Of notices, shall be paid
the applicants, and they shall be at liberty to o.
tain the same at the most reasonable rates, an
they shall also be at liberty to employ any Unite
States Deputy Surveyor to make the surve
The Commissioner of the General Land-O Off
shall also have power to establish the maximu
charges for surveys and publication of motto
, under this act; and, in case OF excessive charg
! for publication, he may designate any newspap
published in a land district where mines u
! situated, for the publication of mining motto
I in such district and fix the rates to be charg
| by such paper; and, to the end that the Comm
sioner may be fully informed on the subje'
q each applicant shall file with the Register
a | sworn statement of all charges and fees paid
a said applicant for publication and surveys,
n gether with all fees and money paid the Resist
!. and Receiver of the land-ofhce, which stateme
shall be transmitted. with the papers in
!, case. to the Commissioner of the General Lar
y Office. The fees OF the Register and the /
"a ceiver shall he five dollars each for filing a
# acting upon each application for patent or
Is verse claim filed, and they shall be allowed
i amount fixed by law for reducing tie,
IT mOny TO Wr1liilp, Wntn zone IN Lana o1nCe, sn
N fees and allowances to be paid by the respect
p | parties; and no other fees shall be charged
m them in such cases. Nothing in this act shall
construed to enlarge or affect the rights of eit
nj party in regard to any property in controversy
in the time of the passage of this act, OF Of the
ID entitled IAN act granting the right of way
10 ditch and canal owners over the public Ian
m and for other purposes" approved July 26, IL
40 nor shall this act affect any right acquired I'M
said act; and nothing in this act shall be C
- Naa1 ,.,a ~.
n provisions of the act entitled IAN act grant
m to A. Sutro the right of way and other privile
n to aid in the construction of a draining and
ed ploring tunnel to the Comstock Lode, in
or State OF Nevada" approved July 25th, 1866
Nv SEC. 10. That all aiiidavits required to
, n made under this act, or the act to which il
70 amendatory, may be verified before any off
inn authorized to administer oaths within the |
Al. district where the claims may be situated,
al all testimony and proofs may be taken bel
I'M any such officer, and, when duly certified by
bv officer taking the same, shall have the same T,
nv and effect as il taken before the Register
81 Receiver of the Land Office. In cases of con
n as to the mineral or agricultural character
.e- land, the testimony and proofs may be take
At | herein provided, on personal notice of at i
xo ten days to the opposing party; or if said p,
as cannot be found, then by publication of at !
in once a week for thirty days in a newspaper. +
ed designated by the Register of the Land Offic
w. published nearest the location of such land; ;
10. has been given.
,at SEC. IA. That where two or more veins il
cd sect or cross each ether, priority of title s
TO- govern, and such prior location shall be emit
he to all ore or mineral contained within the s.
he of intersection: Provided, however That
mo subsequent location shall have the right of
IN. through said space of intersection for the
it'll possesses of the convenient working of the
tes mine: And provided also, That where tw,
ara more veins unite, the oldest or prior loca
ve. shall take the vein below the point of union
IN. Guiding all the space of intersection.
,er SEC. Is. That where non-mineral land
etc contiguous to the vein or lode is used or o
he pied by the proprietor of such vein or lod,
he mining or milling purposes, such non-adja
of surface ground may be embraced and melt
ali in an application for patent for such vel
40. lode, and the same may be patented therev
on subject to the same preliminary requireni
II as to survey and notice as are applicable III
he this act to veins or lodes: Provided, This
leo location hereafter made Of such non-adja
ON land shall exceed five acres, and paymen
led the same must be made at the same rate as I
Of. by this act for the superfcies Of the lode.
rse owner of q quartz mill or reduction works,
am owning a mine in connection Herewith,
bo also receive q patent for his mill site as pr
ms ded in this section.
SEC. Is. That all acts and parts of acts I'M
he sistent herewith are hereby repealed: Provit
he That nothing contained in this act shall be
he strued to impair, in any way, rights or inter
es. in mining property acquired under existing la
no. Approved May 10, 1872.
nd -