Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-03-25

pay for his portion Of the claim, with the prop
er fees, and file the certificate and description
by the suryeyor-General. whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner ofthe 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, OF
the act of July 26th 1866. and July .. 1870 in thu
case OF an individual, may consist in his owl
affidavit thereof, and in of an association OF
persons unincorporated Of the affidavit Of theil
authorized agent, made on his own knowledge OF
upon information and belief, and in case Of
corporation organized under the laws Of thu
United States, or of any State or Territory of the
United States. by the filing of q certified copy o.
their charter or certificate Of incorporation and
nothing herein contained shall be construed Il
prevent the alienation Of the title conveyed by
patent for mining claim to any person what
ever.
SIC g. 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
DIARIES of such patented claims, according to the
plat or description thereof, but 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 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 sixty-six
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patent,
] for mining claims now pending may be prose
cuted to q final decision in the General Land
! Office; but in such cases where adverse right
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 sixth, eighteen
hundred and sixty xix, shall convey all the rights
and privileges conferred by this act where nC
adverse rights exist at the time Of the passage OF
/ this act.
SEC. TO- That the act entitled An Act tc
amend an act granting the right of way to ditch
and canal owners over the public lands, and fol
| other purposes, approved July ninth, eighteen
| hundred and seventy, shall be and remain IN
full force, except as to the proceedings to obtain
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 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-claim cannot be conformed to legal sub
division, survey and plat shall be made as on
now pending may be prosecuted to their final
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.
vided also, That where by the segregation OF
mineral land in any legal subdivision q 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, associa-
corr, rat N nj nj
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 it includes such vein or lode, and
in such case Subject to the provisions of this
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 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
ola placer-claim, an application for patent for
such placer claim, which does not include an sp.
plication for the vein or lode claim, shall be
construed as a conclusive declaration that the
ella msnt 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 is 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 as shall apply for appointment to sur
vey 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
theapplicants 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-otlice 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.
cever shall be five dollars each for filing and
acting upon each application for patent or ad.
verse claim filed, and they shall be 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 affect the rights of either
party in regard to any property in controversy at
the time of the passage of this act, 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, 1865,
nor shall this act affect any right acquired under
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 a draining and ex-
ploring tunnel to the Comstock Lode, in the
State OF Nevada" approved July Goth, 1866.
SEC. 10. That all afiidavits required to be
made under this act, or the act to which il is
amendatory, may be verified before any officer
authorized to administer oaths within the land
district where the claims may be situated, and
all testimony and proofs may be taken before
any such officer, and, when duly certified by the
officer taking the same, shall have the same force
and effect as If taken before the Register and
Receiver OF the Land Office. In cases Of contest
as TO the mineral or agricultural character Of
land, the testimony and proofs may be taken as
herein provided, on personal notice of at least
ten days to the opposing party; or if said party
cannot be found, then by publication of at least
once week for thirty days in newspaper to be
designated by the Register of the Land Office AZ
published nearest the location of such land and
the Register shall require proof that such notice
has been given.
SEC. IA. That where two or more veins inter
sect or cross each other, priority of title shall
govern, and such prior location shall be entitled
to all ore or mineral contained within the space
of intersection: Provided however That the
subsequent location shall have the right Of way
through said space Of intersection for the pur.
possesses OF the convenient working Of the said
mine: And provided also, That where two or
more veins unite, the Oldest or prior location
shall take the vein below the point of union. in
Guiding all the space ofintersection.
Sec 10. That where nonmineral land NOT
contiguous to the vein or lode is used or occn. |
bed by the proprietor of such vein or lode for |
mining or milling purposes, such non ad jacent |
urface ground may be embraced and included |
a an application for patent for such vein or |
ode, and the same may be patented Herewith.
abJect to the same preliminary requirements
; to survey and notice as are applicable under
ais act to veins or lodes Provided That no |
'cation hereafter made of such non.adiacent
md shall exceed five acres, and payment for
he same must be made at the same rate "A fYed
7 this act for the superfcies of the lode. The
vner of q quartz mill or reduction woris moi
wing a mine in connection Herewith. NAV
50 receive patent for his mill.site as proyi.
d in this section
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