Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-16

different porttons Of the clam. each party may
pay for his portion q the claim. with the prep
er ices. and file the certificate aud descripttnn
by the Surveyor-Genersl, whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner OF the Land Once, - In the
preceding case. and patents ahAn issue 70 the
several parties according 70 their respective
rights. Proof of citizenship under this act. or
the act of July 2sth lse6. and July .. 1870 in the
case Of an individual. may consist in his own
sfidayit thereof and In case Of an association Of
persons unincorporated Of the afhdavit of their
authorized agent, made on his own knowledge o.
upon Information and belief. and in case Of .
corporation organised under the laws Of the
United States, Of any State or Territory Of the
United States, by the fling Of . certified copy Of
their charter or certificate OF Incorporation; and
prevent the alienation Of the title conveyed by .
patent for mining claim to any person what
ever.
src S. 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 snrvrrs. shall adjust the same to the boun-
dsrits - such patented claims, according to the
plat or description thereof, but 40 as in No case
to interfere with or change the location Of any
such patented claim.
src .. 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 yak,
are hereby repealed, but such repeal shall not
affect listing rights. Applications for patents
for mining claims now pending may be prose-
cutoG 20 final decision in the General Land
Office: hut in such cases where adverse rights
are not affected thereby, patents may issue IN
pursuance Of the provisions Of this oct; and all
patents for mining claims heretofore Issued
.ha ~ Tale txran Cd vi kun
hundred and sixty-sx, 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.
SIC. 10. 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
set 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-claims cannot be conformed to legal sub
division, survey and plat shall be made % on
.unsurveyf 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 ex.
listing laws, shall apply to such cases: And pro.
vided also. That where by the aggregation 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. sssocia-
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-claiin, 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 I'VE dollars per acre for such vein OF
lode claim, and twenty-five feet Of surface on
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 OF
lode, such as described in the second section Of
this act, is known to exist within the boundaries
of a placer-claim. an application for a patent fol
such placer-claim, which does not include an ap-
plication for the vein or lode claim, shall be
construed as conclusive declaration that the
ella mant Of the plaeer-claim has no right Of pos.
session Of the vein OF lode claim; but where the
existence Of vein lode In placer.ciaim IL no,
known, apatent for the placer.clAim shall convey
all valuable mineral and other deposits within
the boundaries thereof.
SEC. IL That the Survsyor-Geueral Of the
United States may appoint in each land district
containing mineral lands a. many competen
surveyors as shall apply for appointment to sur
vey mining claims. The expenses Of the surve,
Of vein or lode claims, and the survey and sub
division of placer claims into smaller Quantitie
than one hundred and sixty acres, together wifi
the cost of publication of notices shall be paid b.
the applicants and they shall be at liberty to OBJ
tain the same at the most reasonable rates, ant
they shall also be at liberty to employ any Unite<
States Deputy Surveyor to make the survey
The Commissioner of the General Land. Ono,
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 newspape
published in land district where mines ar
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 Commil
sioner may be fully informed on the subject
each applicant shall file with the Register
sworn statement Of all charges and fees paid b.
said applicant for publication and surveys, tc
gether with all fees and money paid the Resiste
and Receive Of the land-offce, which ststemen
shall be 1rey.smitted, with the papers in tn
y
4 Office. Inc fees Of the Register and the RI
ceiver shall be five dollars each for filing an
acting upon each application for patent or sc
verse claim filed, and they shall be allowed th
amount fixed by law for reducing test
mony to writing, when done in Land Office. sue
fees and allowances to be paid by the respectiy
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 eiths
party in regard to any property in controversy
| <,ft he ~ .xf
entitled IAN act granting the right of way |
ditch and canal owners over the public land
I and for other purposes" approved July %, 1866
nor shall this act affect any right acquired undl
said act; and nothing in this act shall be coI
strued to repeal, impair. or IN any way Affect u
provisions Of the act entitled "An act grantin
to A. Sutro the right of way and other privilegI
to aid In the construction Of a draining and q
ploring tunnel to the Comstock Lode, In Il
State Of Nevada" approved July 25th, 1866.
SEC. l3. That all atiidsyits required to |
made under this act, or the act to which 1t
amendatory, may be verified before any ofiic
authorized to administer oaths within the laI
district where the claims may be situated, u
all testimony and proofs may be taken befo
any such officer, and, when duly certified by 4
officer taking the same, shall have the same for
and effect as If taken before the Register q
Receiver Of the Land Office. In Cases Of corts
as TO the mineral or agricultural character
lend, the testimony and proofs may be taken
herein provided, on personal notice of at lss
ten days to the opposing party; or II said par
cannot be found, then by publication of At LEI
once week for thirty days In newspaper, to
designated by the Register Of the Land once
published nearest the location of such land; q
the Register shall require proof that such noti
has been given.
SEC. II. That where two or more veins INT,
sect Or cross esch other, priority Of title shl
govern, and such prior location shall be ertitl
to all ore or mineral contained within the sps
of Intersection: Provided, however, That (
subsequent location shall have the right Of Y
through said space of intersection for the D,
possesses Of the convenient working Of tho u
mine; And provided also, That where two
more veins unite, the Oldest or prior locati
!. shall take the vein below the point Of union,
Guiding all the space of intersection.
Sec. Is. That where non-mineral land I
contiguous to the vein or lode IL used or oct
pied by the proprietor Of such vein or lode
mining or milling purposes, such non jace
surface ground may be embraced and includ
in an application for patent for such vein
lode, and the same may he patented therewti
subject to the same preliminary requireniel
as to survey and notice as are applicable und
this act to veins or lodes; Provided, That
location hereafter made OF such non.adjsce
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