Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-31
ion thereof as the applicant shall appear from


er fees. and file the certificate and description
by the Suryeyor-General, 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
act oi July 10th 1866. and July Q, 1870 in the
case Of an individual, may consist in his own
affidavit thereof and in case Of an association of
persons unincorporated of the affidavit Of their
authorized agent. made on his own knowledge or
upon information and belief, and in case OF a
corporation organized under the laws Of the
United States, or of 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
prevent the alienation of the title conveyed by
patent for mining claim to any person what
ever.
SIC 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 snail De
issued as aforesaid for claims upon unsur-
veyed 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 as in no case
to interfere with or change the location of any
such patented claim.
SEC 3. 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-siNth. eighteen hundred and siIty-siN,
are hereby repealed but such repeal shall not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
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 -sixth, eighteen
hundred and sixty-six, 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. 10. That the act entitled AN Act 10
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 miuing 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
placerclaims 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
?
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 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-
/ 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
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 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
of a plaCer-caim, an application for patent for
such placer-claim, which does not include an APP
plcation for the vein or lode claim, shall be
| construed as a 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 VEN OF IOue III IL UOt
known, patent for the placer-claim shall convey
all valuable mineral and other deposits within
til. boundaries thereof.
SEC. II That the Surveyor-Geueral Of the
United States may appoint in each land district
containing mineral lands as many competent
} surveyors as shall apply for appointment to sur.
; vey mining claims. The expenses of the survey
5 Of vein or lode claims, and the survey and sub
division Of placer claims into smaller quantities
E than one hundred and sixty acres, together with
the cost Of publication Of notices shall be paid by
the appcants, 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
l published in land district where mines art
2 situated, for the publication Of mining notice.
in such district, and fix the rates to be charged
l by such paper; and, to the end that the Commits
soner may be fully informed on the subject
e each applicant shall file with the Register
0 sworn statement of all charges and fees paid b,
o said applicant for publication and surveys, to
n gether with all fees and money paid the Resiste
: and Receiver of the land-otiice, 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
e ceiver shall be five dollars each for filing an
Il acting upon each application for patent or ad
t, amount fixed by law for reducing test
II mony to writing, when done in Land Office sue
n fees and allowances to be paid by the respectiv
r parties; and no other fees shall be charged b
n them in such cases. Nothing in this act shall b
l. construed to enlarge affect the rights of eithe
1t party in regard to any property in controversy
n the time of the passage OF this act or Of the &C
d entitled IAN act granting the right OF way t
o ditch and canal owners over the public lands
n and for other purposes" approved July &c, 1866
10 shall this act affect any right acquired unde
said act; and nothing in this act shall be cor
d strued to repeal impair or in any way affect tn
D provisions of the act entitled IAN act grantin
l. to A. Sutro the right of way and other privilege
to aid in the construction of draining and ex
d ploring tunnel TO the Comstock Lode in tn
n State of Nevada" approved July Goth, 1866.
y SEC. 49, That all athdavits required to /
a made under this act, or the act to which it
e, amendatOry, may be verified before any Office
II authorized to administer oaths within the Ian
/ district where the claims may be situated, an
l. all testimony and proofs may be taken befor
n any such officer, and, when duly certified by Ii
Y officer taking the same, shall have the same fore
y and effect il taken before the Register an
h Receiver of the Land Office. In cases of conte.
l. as to the mineral or agricultural character
: land the testimony and proofs may be taken
l. herein provided, on personal notice of ut leai
o ten days to the opposing party or if said part
IS cannot be found, then by publication Of at leai
n once week for thirty days in newspaper, to /
d designated by the Register of the Land Office
= | puDllbneQ nearest the lOChtlOn OF sucl lana,
% the Register shall require proof that such motto
J. has been given.
It SEC. a. That where two or more veins int
d sect or cross each ether, priority of title sha
govern, and such prior location shall be entitle
c to all ore or mineral contained within the spa,
e of intersection: Provided, however, That IL
g subsequent location shall have the right of wa
l. through said space of intersection for the pu
h possesses of the convenient working of the sal
. mine: And provided also, That where two
s more veins unite, the Oldest or prior locatio
shall take the vein below the point of union il
a. Guiding all the space of intersection.
n SEC 10. That where non-mineral land NJ
is contiguous to the vein or lode is used or occl
he pied by the proprietor of such vein or lode fC
'e mining or milling purposes, such non-adj acer
u surface ground may be embraced and include
IL in an application for patent for such vein
o. lode, and the same may be patented therewitl
N subject to the same preliminary requirement
If as to survey and notice as are applicable undo
le this act to veins or lodes: Provided, That 4
,e location hereafter made Of such non-adjaceI
N land shall exceed five acres, and payment fl
ID the same must be made at the same rate as fixe
+ by this act for the superfcies Of the lode. III
Sc owner Of q quartz mill or reduction works, nj
m owning a mine in connection Herewith, ms
De also receive a patent for his mill-site, prov
As ded in this section.