Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-18

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sr ioss, aud ale the certificate and Description
by the slryeyur-elenersl. whereupun the register
-szil certify the proceedings and judgment-roll
. the Commissioner Of the Land oince, az IN tbs
prseeding case. aud patents shall issue to tss
several parties ascending 10 their RESPECTIVE
rights. Prof Of citiIe nship under this act. Of
the act q July 25th lst6. and July o. lslo IN tbs
case u an individual. may consist in his oW
AFFIDAVIT thereof and In Cos. of an association o.
person. unincorp0ra'ed Of the stdAvit Of theiI
authorized agent, made on his own knowledge OF
upon information and belief, and IN case Of q
corporation organized under the laws Of thu
United States or 81 any State or Territory Of the
United States by the filing Of q certified copy Of
their charter or certificate Of Incorporation; and
nothing herein contained shall be construed to
preyeni the alisnation o. the titls conveyed by a
patent for a 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 whore 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 clsims, according TO the
plat or description thereof, but 50 as in no case
10 interfere with or change the location OF any
such patented claim.
SIZE o. That sections one, two, three. four and
six. OF act entitled An Act granting the right
OF way 10 ultth anu tAllAl uNners overtime luDlc
lands and for other purposes approved July
twenty-sixth. eighteen hundred and sixty -sin.
are hereby repealed. but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
euted to a 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-si1th, eighteen
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.
SEC. TO- That the act entitled An Act 70
amend an act granting the right of way to ditch
and canal owners over the public lands, and foI
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 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
placer-claims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveyfd lands Provided, That proceedings
now pending MAJ b. 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-
yidcd 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. IL. That where the same person, associa-
tion or corporation in possession OF placer
claim and also a vein or lode included within
the boundaries thereof. application shall be
made for patent for the placer claim, with the
statement t hat 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 10 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
Of 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 conclusive declaration that the
ella n-ut of the placsr-claim has no right ( pos
session Of the vein or lode claim; but where the
existence of vein or lode in placer. claim is not
known, patent for the ,placer-0lain shall convey
all valuable mineral and other deposits within
tht 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.
N-ayf mi P1a inns ha NJ
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 notices
under this act; and, in case of excessive charges
for publication, he may designate any newspaper
published in a 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 he fully informed on the subject
each applicant shall file with the Register
sworn statement Of ali charges and fees paid by
said applicant for publication and surveys. to
gether with all fees and money paid the Resstei
and Receiver Of the land-office, 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
ceiver shall be five dollars each for filing ane
acting upon each application for patent or nd
Verse claim filed, and they shall be allowed the
amount fixed by law for reducing test
mony to writing, when done in Land Once sue \
fees and allowances to be paid by the respectly,
parties and no other fees shall be charged b,
them i'll such cases. Nothing in this act shall bt
construed to enlarge affect the rights of eiths
party in regard to any property in controversy n
the time OF the passage of this act, or of the &C
entitled AN act granting the right of way t.
ditch and canal owners over the public lands
and for other purposes" approved July &c, 1866
nor shall this act affect any right acquired unde
sale act; and nothing in this act shall be con
strued to repeal, impair, or in any way affect thu
provisions of the act entitled IAN act grantin.
to A sutro the right of way and other privilege
TO aid in the construction Of draining and ex
ploring tunnel to the Comstock Lode, in tn,
State of Nevada" approved July 25th, 1866.
SEC. Is. That all afiidsyits required to b
made under this act, or the act to which it il
amendatory, may be verified before any office
authorized to administer oaths within the lane
district where the claims may be situated anC
all testimony and proofs may be taken befor,
any such officer, and when duly certified by tn
officer taking the same, shall have the same foro
and effect as ii taken before the Register an,
Receiver of the Land Office. In cases OF contes
as to the mineral or agricultural character o
land, the testimony and proofs may be taken a
herein provided, on personal notice OF at leas
ten days to the opposing party; or il said part,
cannot be found, then by publication Of at leas
once week for thirty days in newspaper, to b,
designated by the Register of the Land Office a
published nearest the location OF such land; ant
the Register shall require proof that such motto,
has been given.
SEC. IA. That where two or more veins inter
sect or cross each other, priority OF title shsl
govern, and such prior location shall be sntitle,
to all ore or mineral contained within the spAc
OF intersection: Provided, however, That TIN
subsequent location shall have the right Of wa,
through said space OF intersection for the pur
possesses of the convenient working Of the ssit
mine: And provided also, That where two o.
more veins unite, tho Oldest or prior losatio,
shall take the vein below the point Of unisn in
Guiding all the space ofintersection.
SEC. Is. That where n-mineral land no
contiguous to the vein or lode is used or sccu
pied by the proprietor Of such vein or lode fo
mining or milling purposes, such non I'D jncen
surface ground may be embraced and included
in an application for patent for such vein OF
lode, and the same may be patented Herewith
subject to the same preliminary requirement.
as to survey and notice as are applicable unde
this act to veins or lodeg: Provided, That NJ
location hereafter made OF such non-adacen
land shall exceed five acres, and payment FOL
the same must be made at the same rate Us nxet
by this act for the superfeies of the lode Tn,
owner Of quartz mill or reduction works, no
owning mine in connection Herewith ma,
also receive patent for his mill site, as provi
ded in this section.
Sec, 1G That all acts and parts Of acts incon