Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-12

pay for his portion Of the claim. with the prop
er fees. and file the eertlhcate and description |
by the survryor-0onersl. whereupon the register |
shall certify the proceedings and judgment-roll |
to the Commissioner of the Land Office, 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
the act Of July 26th lsG5 and July g. $50. in the
case OF an individual, may consist in his own
affidavit thereof, and in case OF an association of
persons unineorporated OF the afhdayit OF their
authorized agent. made on his own knowledge or
upon information and belief. and in case Of
CORPORATION organized under the lsws Of the
United States, Of any State or 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
patent for mining claim to any person what
ever.
SECS. 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 us aforesaid for claims upon unsur-
yeyed lands the Surveyor General in extending
the surveys shall adjust the same to the boun-
diaries of such patented claims, according to the
plat or description thereof, but SO - in no case
TO interfere with or change the location OF any
such patented claim.
SIC .. That sections one, two, three. four and
six of an act entitled An Act granting the right
of way to ditch and canal owners over the public
twenty-sixth. eighteen hundred and siIty-six,
are hereby repealed, but such repeal shall not
affect existing rights. Applications Tor patents
! for mining claims now pending may lie prose-
cuted 10 fnal 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 al
/ patents for mining claims heretofore issued
| under tine act Of July twenty sixth, eighteen
hundred and sixty-six, shall convey all the rights
| and privileges conferred by this act where no
adverse rights exist Ct the time OF the passage Of
| this act. - 4
amend al 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 as to the proceedings 10 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-claims shall be upon sur
| veyed lands. ana conform to legal subdivisions,
no further survey plat shall be required. and
all placer mining claims hereafter located snail
| conform as near as practicable with the Inited
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
! unsurveyGd 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 conhlct with ea-
| listing laws, shall apply to such CASTS; Ana pro.
| yided 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. IL. That where the same person, associs-
| ton or corporation in possession of a placer
| claim, and also a vein or lode included within
the boundaries thereof. application shall be
made for patent for the placer-clafm, with the
statement that il 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 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 OF
/ 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 OF
lode, such rs described in the second section OF
| this act is known to exist within the boundaries
of placer-claim, an application for patent foi
! 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 placer-claim has no right of pos
session Of the vein or lode claim; but where the
existence Of vein or lode in placerclaim is no,
| known, apatent for the placer-claim shall convey
all valuable mineral and other deposits within
! tn, boundaries thereof.
SEC. 10 That the Surveyor-Ge of the
United States may appoint in each land district
containing mineral lands as 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 witt
the cost of publication of notices shah be paid b,
the applicants, and they shall be at liberty to oh
tain the same at the most reasonable rates, anS
they shall also be at liberty to employ any United
States Deputy Surveyor to make the survey
The Commissioner of the General Land Offic
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 q 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 Commits
sioner may be fully informed on the subject
, each applicant shall file with the Register
said applicant for publication and surveys, tc
/ gether with all fees and money paid the Resiste
and Receiver of the land-ofhce, which statemeI
shall be transmitted, with the papers in tn
case TO the Commissioner of the General Lane
Office. The fees of the Register and the II
g ceiver shall be Ave dollars each for filing all
( acting upon each application for patent or az
verse claim filed, aud they shall be allowed IL
amount fixed by law for reducing test
r mony TO writing, when done in Land Office, sue
4 fees and allowances to be paid by the respect,
: parties; and no other fees shall be charged /
q 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
the time of the passage of this act, or of the Al
4 entitled IAN oct granting the right Of way
o ditch and canal owners over the public land
n and for other purposes" approved July &c, 1856
o nor shall this act affect any right acquired und
said act; and nothing in this act shall be col
strued to repeal, impair or in any way affect Il
J. provisions of the act entitled IAN act grantir
/, to K Sutro the right of way and other privileg
a to aid in the construction Of draining and e.
d ploring tunnel to the Comstock Lode, in Il
,r State OF Nevada" approved July 25rh, 1866.
" SEC. Is. That all afhdavits required to
a made under this act, or the act to which 1t
e. amendatory, may be verified before any offic
m authorized to administer oaths within tht lsl
a. district where the claims may be situated, Al
i, all testimony and proofs may be taken befo
m any such officer, and, when duly certified by I
" officer taking the same shall have the same for
" and effect as II taken before the Register q
il Receiver of the Land Office. In cases OF cont,
L. as to the mineral or agricultural character
g. land, the testimony and proofs may be taken
t. herein provided, on personal notice of at lie,
10 ten days to the opposing party; or if said pal
rs cannot be found, then by publication of at lei
N once a week fog thirty days in newspaper, to
ID designated by the Register Of the Land Office
v published nearest the location of such land; a
lie the Register shall require proof that such not
D. has been given,
At SEC IA. That where two or more veins int
ID sect or cross each ether. priority of title sh
g. govern, and such prior location shall be entitl
ie to all ore or mineral contained within the sp,
ne Of intersection: Provided, however, That
1g subsequent location shall have the right of "
h. through said space of intersection for the p
tn possesses of the convenient working Of the s,
es mine: And provided also, That where two
RS more veins unite, the Oldest or prior locati
e. shall take the vein below the point of union,
n. GLIDING all the space ofintersection.
err SEC. Is. That where non-mineral land
is contiguous to the vein or lode is used or oc
ne pied by the proprietor of such vein or lode
Dc mining or milling purposes, such mona jac,
Of surface ground may be embraced and includ
II in an application for patent for such vein
o. lode, and the same may be patented therewi
m subject to the same preliminary recurrence
If as to survey and notice as are applicable unt
le this act to veins or lodes. Provided, That
ce location hereafter made Of such non-adjac,
IN land shall exceed FIVE acres, and payment
I'd the same must be made at the same rate as a.
IT, by this act for the superhcies of the lode. I
Sc owner of q quartz mill OF reduction works,
m owning mine in connection Herewith, n
be also receive Q patent for his mill site a. pro
as ded In this section.
SEC. t. That all acts and parts Of acts inc
be sistent herewith are hereby repealed: Provtd
be That nothing contained in this act shall be c.
be strued to impair, In any way, rights or intere