Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-12

that Sc veral parties entitled TO separate and 1
different portions Of the claim. each party may /
pay for his portion of the claim, with the prop
er fees, and file the certificate aud description |
by the Surveyor-General, whereupon the register |
shall certify ;so proceedings and juagcsnt-roii |
to the Commissioner the Land Office. Is 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 th 1866. and July 9, 1870, In the
case OF an individual, may consist in his own |
affidavit thereof and in case OF an association of
persons uuincorporsted OF the affidavit OF their |
authorized agent, made on his own knowledge or |
upon information and belief and III case of . |
corporation organized under the laws Of the |
United States or OF any State or Territory of the
United States, by tine filing of certified copy Of
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 as aforesaid for claims upon unsur-
yeyed 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. Q. 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
lands, and for other purposes, approved July
twenty 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are hereby repealed, but such repeal shall not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 a final decision in the General Land
ONCE: 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 sixth, eighteen
hundred and sixty six, shall convey all herights
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 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 as 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-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 Is 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 SUBJ
division, survey and plat shall be made as on
unsurveyfd 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 eI-
listing laws, shall apply to such cases: And 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 qualified by
law, for homestead or prescription purposes.
SEC IL. 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 placer.claim, with the
statement hat 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 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 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 avein or
lode, such as described in the second section Of
this act, is known to exist within the boundaries
ola plscer-claim, an application for patent for
such placer-claim, which does not include an ap.
construed as conclusive declaration that the
ella rnant of the placer-claim has right o pos-
session Of the vein or lode claim; but where the
existence of vein or lode in placer-claim is not
known apatent for the placer-claim shall convey
all valuable mineral and other deposits within
tn boundaries thereof.
SEC. IL 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
claims ha
of vein or lode claims, and the survey and sub.
diyisio 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 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.
soner may be fully informed on the subject
| each applicant shall file with the Register q
sworn statement Of all charges and fees paid by
said applicant for publication and surveys, to-
| gether with all fees and money paid the Resistel
and Receiver of the land-ofiice, which statemen,
shall be transmitted, with the papers in tn,
| case, to the Commissioner of the General Land
Office. The fees of the Register and the Re
ceiyer shall be five dollars each for filing ant
| acting upon each application for patent or ad
verse claim filed, and they shall be allowed tn,
| amount fixed by law for reducing testi
mony to writing, when done in Land Office, sucl
fees and allowances to be paid by the RESPECTIVE
parties; and no other fees shall be charged b,
construed to enlarge or affect the rights Of eithe
party in regard to any property in controversy a
the time OF the passage of this act, or Of the &C
entitled An act granting the right of way Il
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
said act; and nothing in this act shall be con
strued to repeal Impair, or in any way affect tn
provisions Of the act entitled AN act grantin
to A. sutro the right of way and other privilege
i TO aid in the construction of draining and ex
| ploring tunnel to the Comstock Lode, in tn
State of Nevada" approved July 25th 1865.
SEC. Is, That all afhdavits required to +
! made under this act or the act to which It
, amendatory, may be verified before any Office
i authorized to administer oaths within the Ian
district where the claims may be situated an
, all 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 il taken before the Register an
i Receiver of the Land ONCE. In cases OF corfe
Us to the mineral or agricultural character
land, the testimony and proofs may be taken
| Htrtln pTONlueu, Oh pefbOual uOtlco OF ~ 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 q newspaper, to |
| designated by the Register Of the Land Once
published nearest the location Of such land; Al
3 the Register shall require proof that such motif
has been given.
t SEC. IA. That where two or more veins int
/ sect or cross each other, priority of title shs
+ govern, and such prior location shall be entitl,
6 to all ore or mineral contained within the spa
Q | of intersection: Provided however That Il
9 subsequent location shall have the right of ",
!. through said space Of intersection for the pu
4 possesses of the convenient working Of the So
. mine: And provided also, That where two
! more veins unite, the oldest or prior locstit
shall take the vein below the point Of union, i
GLIDING all the space Of intersection.
r SEC. Is. That where non-mineral land n
} contiguous to the vein or lode is used or occ
J pied by the proprietor of such vein or lode 4
3 mining or milling purposes, such non-adjacel
I surface ground may be embraced and include
| in ali application for patent for such vein
lode, and the same may be patented therewit
4 subject to the same preliminary Requirement
( as to survey and notice as are applicable und'
E this act to Veins or lodes: Provided, That I
> location hereafter made of such non-adjacel
i land shall exceed five acres, and payment I,
/ the same must be made at the same rate a. fxe
: by this act for the superfcies Of the lode. tt
9 owner Of a quartz mill or reduction works n,
! owning q mine In connection Herewith, ms