Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-06


syeral parties according to their respective
.ghts Proof Of citizenship under this set, or
be act Of July Goth 1866, and July y, 1870 in the
ase OF an individual, may consist in his own
fhdsvit thereof, and in case OF an association OF
ersons uninco-porated OF the affidavit of their
uthorized agent, made on his own knowledge or
non information snd belief, and in case OF
0rporatiun organized under the laws OF the
nited States, or OF any State or Territory OF the
nited States, by the filing Of q certified copy OF
heir charter or certificate of incorporation; and
lothing herein contained shall be construed to
prevent the alienation of the title conveyed By
latent for Inning claim to any person what
yer.
SIC. s. That the description of vein or lode
,iaims upon surveyed lands, shall designate the
location OF the claim with reference TO the lines |
# the public surveys, but need not conform |
herewith; but where patent shall be I
issued - Aforesaid for claims upon unsur- |
seyed lands, the Surveyor General in extending |
he surveys shall adjust the same to the boun- |
iariss Of such patented clsims according to the |
plat or description thereof, but so IS in no case
to interfere with OF change the location OF any
such patented claim.
SFf 0. That sections one two three four and
SIX Of m 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-si,th, eighteen hundred and sixty-six,
ere hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cCted to q trsl decision in the General Land
Office; hut in such cases where adverse rights
arc not Affected thereby, patents may issue in
pursuance o. the provisions Of this act; and all
patents for mining claims heretofore issued
under the act Of July twenty-sixth, eighteen
hundred and si1ty-six shall convey all the rights
and privileges conferred by this act where no
adverse rights exist Of the time Of the passage q
this act.
SIC. 20 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 Tor
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain ia
full force except as to the proceedings to obtain
a patent which shall be similar TO the proceed
ingB 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
yoyed 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 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.
vided also, That where by the segregation OF
mineral lanl IN any legal
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, assoeia-
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 that it includes such vein or lode, and
in such case Subject to the provisions OF this
net nd r anti amend
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 ut 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 o!
this act, is known to exist within the boundaries
of a placer-caim, an application for patent fol
such placer-claim, which does not include an ap.
plication for the vein or lode claim, shall be
construed as q conclusive declaration that tbs
ella mant of the placer-claim has no right o pos
session Of the vein or lode claim; but where tbs
existence of vein or lode in placer claim is moi
known, apatent for the placer claim shall conve,
all valuable mineral and other deposits within
| tn boundaries thereof.
SEC. 10 That the Surveyor General Of tn,
United States may appoint in each land dstric
containing mineral lands as many competen
surveyors rs shall apply for appointment to SUI
vey mining claims The expenses of the surve
of vein on lode claims, and the survey and sui
division Of placer claims INTO smaller quantitie
than one hundred and sixty acres, together wit
the cost Of publication of notices shall be paid
theGpphcantt, and they shall be at liberty to Of
tain the same ut the most reasonable rates, an
they shall also be at liberty TO employ any Unite
States Deputy surveyor to make the survey
The Commissioner Of tho General nd-0fhc
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 a land district where mines III
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 Commi
, sioner may he fully informed on the subjec
, each applicant shall file with the Register
, sworn statement Of all charges and fees paid |
, said applicant for publication and surveys, t
/ gether with all fees and money paid the Resist
and Receiver Of the land Office which statemel
shall be transmitted, with the papers in Il
case, to the Commissioner Of the General Ian
ONCE. The fees Of the Register and the r
e ceiver shall I've five dollars each for fling al
f acting upon each application for patent or u
4 verse claim lied, and they shall be allowed L
. amount fixed by law for reducing ties
7 mony to writing, when done in Land Office, SUI
n lees ana ALLOWANCES 10 De ptlu by tl6 refDeCU
:. parties and no other fees shall be charged
n them in such cases. Nothing in this act shall
. construed to enlarge or affect the rights of eth
t party in regard to any property in controversy
the time OF the passage of this act, or of the
Il entitled IAN act granting the right of way
n ditch and canal owners over the public LANE
n and for other PURPOSES" approved July &c, 49,
10 nor shall this aCt affect any right acquired unt
said net; and nothing in this act shall be &C
d strued to repeal, impair or in any way affect t
,a.FN~ tF.4 - - al An n,Nt,
n to A. Sutro the right of way and other privile.
n to aid in the construction OF a draining and
ID ploring tunnel to the Comstock Lode, in
Or State Of Nevada" approved July 25th, 1866.
" SEC. 10. That all afidavits required to
"A made under this act, or the act to which it
e, ameudatory, may be verified before any Off
m authorized to administer oaths within tbs la
Ii. district where the claims may be situated, 6
i. all testimony and proofs may be taken Def
m any such officer, and, when duly certified by
" officer taking the same, shall have the same TO
" and effect II taken before the Register
il Receiver of the Land Office In cases of cont
L. as TO the mineral or agricultural character
Q. land, the testimony and proofs may be taken
T. herein provided, on personal notice OF at lie
70 ten days TO the opposing party; or if said pa
Ms cannot be found, then by publication of at le
in once a week for thirty days in newspaper, to
ID designated by the Register of the Land Office
w. published nearest the location Of such land;
ne the Register shall require proof that such not
o. has been given.
nj SEC. IA That where two or more veins in
I'd sect or cross each other, priority of title 81
%. govern, and such prior location shall be EMIT
be to all ore or mineral contained within the 81
he of intersection: Provided, however That
No subsequent location shall have the right OF
h. through said space Of intersection for the |
tb possesses of the convenient working OF the
es mine: And provided also, That where two
RS more veins unite, the Oldest or prior locat
a. shall take the vein below the point of union,
n Guiding all the space of intersection.
or SEC. Is. That where non-mineral land
rs contiguous to the vein or lode is used or OF
he pied by the proprietor of such vein or lode
be mining or milling purposes, such non-adjac
of surface ground may be embraced and inclu
N in an application for patent for such veil
o. lode, and the same may be patented therew
on subject to the same preliminary requirenle
II as to survey and notice rs are applicable I'm
he this act to veins or lodes: Provided, That
&c location hereafter made of such non-adjac
on land shall exceed Ave acres, and payment
ed the same must be made at the same rate as q
If | by this act for the superfcies of the lode.
90 owner of q quartz mill or reduction works,
nm owning mine in connection Herewith,
be also receive patent for his mill-site, as pr
"a ded in this section.
SEC. 16 That all acts and parts of acts in,
he sistent herewith are hereby repealed: Provit
he That nothing contained in this act shall be
he strued to impair, in any way, rights or inter
q in mining property acquired under existing Ia
o. Approved May 10. 1872.