Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-05


,ay for his portion Of the claim, with the prop
T fees and file the certificate and description
~ the surveyOr-General, whereupon the register
hall certify the proceedings and ludgment-ron
o the Commissioner ofthe Land Office, as in the
preceding case, and patents shall issue to the
several parties according to their respective
tights. Proof of citizenship under this act, or
he act Of July 26th 1866, and July 9, 1870, in the
sase of an individual, may consist in his own
affidavit thereof and in case of an association OF
persons unincorporsted 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 Territory of the
United states. by the filing of 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 q
patent for a mining claim to any person what
ever.
SEC 8 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 bonn-
daries of such patented clslms, according 10 the
plat or description thereof, but so as in no case
to interfere with or change the location Of any
such patented claim.
SIC. 9. That sections one two, three, four and
SIX of all act entitled An Act granting the right
of way to ditch and canal owners oyerth public
lands, and for other purposes, approved july
twenty-sixth. eighteen hundred and sixty-s
are hereby repealed but such repeal shall not !
affect existing rights. Applications for patents
for mining claims now pending may he prose
cuted to q final decision in the General Land /
Once; but in such cases where adverse rights |
are not affected thereby, patents may issue in |
pursuance of the provisions OF this net and all |
patents for mining claims heretofore issued |
under the act of July twenty-siXth, eighteen !
hundred and sixty-six, shall convey all the rights
ly this act where
adverse rights exist at the time OF the passage of
this act
SIC TO- 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 lie upon sur
veyed lands and conform to legal Subdivisions,
no further survey or plat shall he 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-clGims 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 hnal
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 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-
ton or corporation in possession OF placer
claim, and also q vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-cain with the
statement that it includes such vein or lode, and
in such case tsubjeCt to the provisions of this
act and the act entitled can 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 avein or
| lode such as described in the second section of
| this act is known to exist within the boundaries
| of placer-c claim, an application for patent for
| such placer-c lain, which does not include an ap.
| plication for the vein or lode claim, shall be
| construed as a conclusive declaration that the
| ella mant of the placer-claim has no right O pos
| session OF the vein or lode claim; but where the
existence of a vein or lode in placerclaim is not
known, apatent for the placer claim shall convey
| all valuable mineral and other deposits within
thu boundaries thereof.
| SIC. Il 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
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 notice.
under this act; and, in case of excessive charges
for publication, he may designate any newspape
published in land district where mines ART
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 Commits
! soner may be fully informed on the subject
E each applicant shall file with the Register
D sworn statement of all charges and fees paid b.
Q said applicant for publication and surveys, tC
a gether with all fees and money paid the Resiste
= and Receiver of the land-ofhce, which statemen
. | shall be transmitted with the papers in tn
!, case. to the Commissioner of the General Lane
: | Once The fees of the Register and the X,
@ ceiver shall be 1--WE dollars each for filing an
f | acting upon each application for patent or a,
s verse claim filed, and they shall be allowed II
/, amount fixed by law for reducing test
n mony to writing, when done in Land Office, sue
n fees and allowances to be paid by the respect,
r parties, and no other fees shall be charged l
n them in such cases. Nothing In this act shall |
construed to enlarge or affect the rights of eith'
It party i'll regard to any property In controversy
n the time OF the passage Of this act or Of the a
ID entitled IAN act granting the right of way
10 ditch and canal owners over the public land
m and for other purposes" approved July 26, 1856
10 nor shall this act affect any right acquired und
said act; and nothing in this act shall be Co
ID strued to repeal impair, in any way affect Il
b. provisions of the act entitled IAN act grantil
n, to A. Sutro the right Of way and other privileg
n to aid in the construction of q draining and e
ed ploring tunnel to the Comstock Lode, in Il
or State of Nevada" approved July 25th, 1866.
ay SEC. l3 That all sfidavits required to
a made under this act, or the act to which it
e amendatOry, may be verified before any offC
m authorized to administer oaths within the la
Ii. district where the claims may be situated, q
a. all testimony and proofs may he taken befc
m any such officer, and, when duly certified by I
nv officer taking the same, shall have the same fol
Dy and effect as if taken before the Register a
IA Receiver of the Land Office. In cases of cont,
II. as to the mineral or agricultural character
e. land, the testimony and proofs may be taken
It. herein provided, on personal notice of at lei
70 ten days to the opposing party; or if said pal
as cannot be found, then by publication of at LEI
in once week for thirty days in a newspaper, to
ed designated by the Register of the Land Office
". | published nearest the location of such land q
he the Register shall require proof that such not
To- has been given.
AT SEC II. That where two or more veins int
cd sect or cross each other, priority of title sh
ip. govern and such prior location shall be EMIT
he to all ore mineral contained within the sp
he OF intersection: Provided, however, That
ng subsequent location shall have the right Of v
tn through said space of intersection for the p
It'll possesses Of the convenient working Of the s
ties mine And provided also, That where two
,rs more veins unite, the oldest or prior locat
We shall take the vein below the point of union,
IN Guiding all the space of intersection.
Ter SEC. 10 That where non-mineral land
ITS contiguous to the vein or lode is used or oc
he pied by the proprietor of such vein or lode
he mining or Mailing purposes, such non-adjac
of surface ground may be embraced and inclu,
ali in an application for patent for such veir
10 lode, and the same may be patented therewi
on subject to the same preliminary requirene
If as to survey and notice as are applicable IN
he this act to veins or lodes: Provided, That
ice location hereafter made Of such non-adjac
ion land shall exceed five acres, and payment
led the same must be made at the same rate - q
Of by this act for the superfcies Of the lode.
rse owner of quartz mill or reduction works,
ON owning q mine in connection Herewith, I
be also receive a patent for his mill-site, as pr
,as ded in this section.
SEC. 10. That all acts and parts of acts inc
he sistent herewith are hereby repealed: Provit