Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-13

er fees and file the certificate aud des -ripticl
by the Suryeyor-Geuerzl. vhereupcn the res stsr
shall certify the proceedings and judgmenf-ro.l
to the Commissioner ofthe Land orhce. as In the
preceding case, and patents shall issue 70 the
several parties according to their respective
rights. Proof q citizenship under this act. o.
tie act Of July 25th lsdS. and July 3. ls7o. IL the
case CT an individual, may consist in his OWE
G!ldsvit thereof and in case OF al ASSOCIATION o.
persons unincOrpor4'ed Of the Af1dSvit OF their
authorized sgeat, made on his own knowledge or
upon information and belief, and IL Case Of .
corporation organized under the laws Q. the
United States OF Of any State or Territory q the
United States by the tling Of certified copy Of
their charter or certificate Of incorporstto AID
nothing herein contained shall bs construed 70
prevent the alienation q the title conveyed BY
patent for mining claim TO any person what
ever.
SEC. g. That the description q vein or lode
claims upon surveyed lands. shall designate the
location OF the claim with rrfsrenee 70 the lines
Of the public surveys, but need net conform
Herewith: but where patent shall Be
issued as Aforesaid for claims upol unsGr-
veyed lands, the suryeyUr Gereral in extending
the surveys shall sdiu-t the SAME TO the b0un-
d4ries Of such patented clsins, SccortinZ to tie
plat OF description thereof, but 50 IS in 10 case
10 interfere with or change the location O. any
such pstented claim.
SEC 9. That sections che two, three. four and
six Of an act entitled An Act granting the rlght
Of way IN ditch aud canal Owners over the public
lands, snd for ether purposes, approved July
tWeuty-SjNth. eighteen hlLdred and sI1Iy-siN.
are hereby repealed. but such repeal shall not
affec, existing rights. Applications fer pztsnfs
for mining claims now pending may lie rrnse-
cuted 20 ! final decision in the General Land.
Once: but IN such cSsss where adverse rights
are not affected tn rely, patents may issue in
pursuance Of the provisions q this act: and sll
patents for mining claims hsrptofore issued
under the act Of July rwsnty-si1th, eighteen
hundred and sZiy-si1. shall convey all the rights
and privileges conferred by this act where no
adverse rights EXIT ST the time Of the passage Of
this act.
SIC. 10. That the set 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 IS to the proceedings TO obtain
a patent which shall be similar 10 the proceed
iugs prescribed bF sect ms SIX and seven Of this
act for obtaining patents 10 vein or lode claims
but where said placer-clsims shall be upon sur.
yeyed lands ami conform t. legal subdivisions,
no further survey or plat shall be required, and
all placer mining claims hereafter located shall
conform near SIS 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
plaoer-clsims cannot be conformed TO legal sub
division, survey and plat shall be made on
unsuryey lands: Provided, That proceedings
now pending may be prosecuted to their final
determination under existing laws: but the pro-
visions Of this act when not in conflict with e1.
listing laws, shall apply to such cas- :: And pro.
viied 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 vein or lode included within
the boundaries thereof, application shall be
made for patent for the placerclaim, with the
statement that it includes such vein or lode, and
in such case lsuhject to the provisions Of this
act and the act entitled IAN act to amend an act
granting the right Of way TO ditch and cana
owners over the public lands. and fer other pur.
poses; approved July ninth, eighteen hundred
and seventy patent shall issue for the placer
claim, including such vein or lode, upon tn,
payment Of FIVE dollars per acre for such vein Of
lode claim, and twenty-five feet Of surface OF
each side thereof. The remainder Of the placer
/ claim. or any placer claim not embracing AM
vein or lode claim. shall be paid for at the rat,
Of two dollars and nifty cents per acre, together
with all costs Of proceedings; and where a vein o.
lode such a. described in the second section O
this act, is known to exist within the boundaries
Of plAcer-claim an application for patent TO
such placer-claim which does not include an ap
| plicatiOn for the vein or lode claim, shall b.
construed a. u conclusive declaration that tn
ella mant Of tho plaCer-claim has no right o pos
| 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, Il That the Surveyor General of tn
United States may appoint in each land distriC
containing mineral lands as many competeu
surveyors as shall apply for appointment t. SUI
vey mining claim. The expenses of the surve
Of vein OF lode claims, and The survey and sui
dlvisiO of placer claims ntO smaller Quauritie
than one hundred and sixty acres, together wit
the cost OF publication Of notices shall be paid b
the applicants and they shall be at liberty to oil
tain the same at the most reasonable rates, al
they Shall also be at liberty TO employ any Unite
States Deputy Surveyor to make the survey
The Commissioner Of the General Land Ofic
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 d 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 Comm
siOner may be fully informed on the subjec
each applicant shall file with the Register
sworn statement Of sill charges and fees paid b
said applicant for publication and surveys t,
gether with all fees and money paid the Resistt
and Receiver Of the land-oflice, which statemer
shall be transmitted, with the papers in IL
case. TO the Commissioner Of the General Lane
/ Oilce. / ne lees oil the Register and the II
cCivrr shall be five dollars each for filing an
acting upon each application for patent or Il,
verse claim filed, and they shall be allowed Il
amount fixed by law for reducing test
mony to writing, when done in Land Office, sue
fees and allowances to be paid by the respect,
/ parties aud 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 i'll regard to any property In controversy
the time OF the passage OF this act, or Of the a
entitled IAN act granting the right of way
ditch and canal owners over the public land
and for other purposes" approved July &c, 1856
nor shall this act affect any right acquired ind
said act; and nothing in this act shall be COZ
strued to repeal, impair, or in any way affect Il
provisions of the act entitled An act grantiI
to A. Sutro the right of way and other privileg,
to aid in the construction Of draining and ey
ploring tunnel to the Comstock Lode, in II
state OF Nevada, approved July 25 Ii, 1866.
SEC. -, That all affidavits required to
made under this act or the act to which it
ameudatOry, may be verified before any ofic,
authorized to administer oaths within the lsI
district where the claims may be situated an
al testimony and proofs may be taken befol
any such officer and, when duly certified by Il
officer taking the same, shall have the same fort
and effect as II taken before the Register an
Receiver Of the Land Office. In cases OF conte
as to the mineral or agricultural character
l'nd, the testimony and proofs may be taken
herein provided, on personal notice of at lea
ten days TO the opposing party; or If said part
cannot be found then by publication of at lea
once week for thirty days in newspaper, to
designated by the Register of the Land Office
published nearest the location Of such land al
the Register shall require proof that sucu motto
has been given.
SEC. IA That where two or more veins int
sect or cross each ether, priority of title sha
govern, and such prior location shall be entitle
to all ore or mineral contained'wthin the spat
| Of Intersections Provided, however, That Il
subsequent location shall have the right OF wa
through said space of intersection for the pu
possesses of the convenient working Of the sal
mine: And provided also, That where two {
more veins unite, the Oldest or prior locatio
shall take the vein below the point of union, IL
GLIDING all the space ofintersecton.
SEC. Is That where non-mineral land M
contiguous to the vein or lode is used or occ,
pied by the proprietor of such vein or lode Il
mining or milling purposes, such non-ad jacer
surface ground may be embraced and include
in an application for patent for such vein {
lode, and the same may be patented therewitl
subject to the same preliminary requirement
as to survey and notice as are applicable unds
this act to veins or lodes: Provided That n
location hereafter mads of such non -adjacer
land shall exceed five acres, and payment &c
the same must be made at the same rate as fxe
by this act for the supericies Of the lode tn
owner Of a quartz mill or reduction works, nc
! owning mine in connection Herewith ma
also receive patent for his mill-site. as prov