Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-30

r fees and file the certincafe and description
,y the ~uryeyor-Generzl, whereupon the register
hail certify the proceedings and judgment-roll |
10 tine 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 4
he act Of July 26th 1866 and July 2, 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 T,
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 certified copy OF
their charter or certificate of incorporation; ana
nothing herein contained shall be construed TO
prevent the alienation Of the title conveyed by
patent for mining claim to any person what
ever,
SIC. 6. 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 a 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-
daries OF such patented claims, according to the
plat or description thereof, but so 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 al 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 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are hereby repealed, but such repeal shall not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 d 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 all
patents for mining claims heretofore issued
under the act Of July twenty-siNth, eighteen
hundred and sixty-si1 shall convey all the rights
-. ID - 1,nrn I'M
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
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-elaims 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 lnited
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
unsurveyCd lands: Provided, That proceedings
now penang may De prosecuted " tuflE I.AaA
determination under existing laws; but the pro-
visions of this act, when not in conflict with eI-
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 qualihed by
law, for homestead or presumption purposes
SEC II. That where the same person, associa-
ton or corporation in possession of q placer.
10 ,,,n1 rlaI trtt IN
the boundaries thereof. application shall be
made for patent for the placer-claim, with the
statement that II 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 OF
lode claim, and twenty-five feet OF surface OIL
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 81
lode, such as described in the second section o.
this act, is known to exist within the boundaries
Of placer-claim, all application for patent fol
such placer-claim, which does not include IN ap
| plication for the vein or lode claim, shall bt
| construed as l. conclusive declaration that tn,
/
| session Of the vein or lode claim but where tn,
existence OF q vein or lode in placer claim is no
| known, apatent for the placer-claim shall conve,
| all valuable mineral and other deposits within
| tn boundaries thereof.
SEC. - That the Surveyor General Of tn,
| United States may appoint in each land distric
| containing mineral lands as many competen
surveyors AZ shall apply for appointment to SUI
vey mining claims. The expenses of the surve
of vein or lode claims, and the survey And sui
division OF placer claims into smaller quantite
than one hundred and sixty acres, together wit
the cost Of publication of notices shall be paid b
theapplicants, and they shall be at liberty to OF
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 survey
The Commissioner of the General Land Otic
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 newspapt
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 Commi
sioner may be fully informed on the subjec
each applicant shall file with the Register
, | sworn statement of all charges and fees paid
. said applicant for publication and surveys, I
gether with all fees and money paid the Resist
and Receiver of the land-ofhce, which statemel
shall be transmitted, with the papers in Il
case to the Commissioner of the General Ian
=
) ceiver shall be five dollars each for filing al
Z acting upon each application for patent or q
! verse claim fled, and they shall be allowed Il
amount fixed by law for reducing ties
r mony to writing, when done in Land Office, SUI,
, 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
n the time OF the passage OF this act, or Of the
t1uI A., tl. ~
o ditch and canal owners over the public lane
n anu for other purposes" approved July &c, 10,
nor shall this act affect any right acquired und
said act; and nothing in this act shall be &C
d strued to repeal, impair or in any way affect t
}, provisions of the act entitled IAN act grant,
to A. Sutro the right of way and other privilel
a to aid in the construction of q draining and {
d ploring tunnel to the Comstock Lode in
,r State of Nevada" approved July 25th. 1866.
" SEC. -. That all atfidavits required to
a made under this act, or the act to which il
e. amendatory may be verified before any Off
m authorized to administer oaths within the Ia
l. district where the claims may be situated, a
|, all testimony and proofs may be taken Def,
N any such officer, and, when duly certified by
" officer taking the same, shall have the same TO
v and effect as II taken before the Register q
h 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
t. herein provided, on personal notice of at lie
o | ttH udNs 70 tnt OppuslIR party IL hdlu pa
IS cannot be found, then by publication of at lie
n once n week for thirty days in q newspaper, to
d designated by the Register of the Land Office
y published nearest the location of such land
lie the Register shall require proof that such not
D has been given.
n SEC. IA. That where two or more veins in,
ID sect or cross each other, priority of title sl
O. govern, and such prior location shall be EMIT
re to all ore or mineral contained within the sp
ne of intersection: Provided, however, That
10 subsequent location shall have the right of '
h. through said space Of intersection for the y
n possesses Of the convenient working OF the :
90 mine: And provided also, That where two
RI more veins unite, the oldest or prior locat
g. shall take the vein below the point of union,
D. GLIDING all the space of intersection.
n SEC. Is. That where non-mineral land
h. contiguous to the vein or lode is used or oc
,e pied by the proprietor of such vein or lode
Ne mining or milling purposes, such non-adja
II surface ground may be embraced and inclut
II in an application for patent for such vein
D. lode, and the same may be patented therewi
N subject to the same preliminary requirenie
II a. to survey and notice as are applicable un,
Ia this act to veins or lodes Provided, That
y location hereafter made Of such non-adjac
N land shall exceed FIVE acres, and payment
"a the same must be made at the same rate a. a,
T. by this act for the superficies Of the lode.
10 owner of . quartz mill or reduction works.
m owning q mine in connection Herewith, u
No also receive a patent for his mill -site, as pre-
"a ded in this section.
SEC. l6. That all acts and parts Of acts inc
10 sistent herewith are hereby repealed: Provid
No That nothing contained in this act shall be c