Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-17

that several parties are entitled to separate and
different portions OF the claim, each party may
pay for his portion OF the claim, with the prop
er fees, and file the certificate and description
by the Surveyor-Genersl. whereupon the register
shall certify the proceedings and judgment-roll
10 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 28th 1866, and July 2, 1870 in the
case Of an individual, may consist in his OWE
affidavit thereof. and in case Of an association Of
persons unncorporated of the afidayit of their
authorized agent, made on his own knowledge or
upon information and belief, and in case Of q
corporation organized under the laws Of the
Unit4d 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.
SEC 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 no. CONFORM
Herewith: but whore patent shall De
issued as Aforesaid for claims upon rnsur-
veyed lands the Surveyor General in extending
the SURVEYS, shall adjust the same TO the boun-
daries of such patented elsins, according 10 the
plat or description thereof, but 50 as in no case
TO interfere with or change the location of any
such patented claim.
SIC 9. 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 sixth. eighteen hundred and sIty-siI.
are hereby repealed but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose-
cuted to final decision in the Genera Land
Office: but in such cases where adyerse rights
are not affected thereby, patents may issue in
pursuance of the provisions OF this act; and all
patents for mining claims heretofore issued
H. ,a4 Of mi arfv eli VII oil
hundred and sxty-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.
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 as practicable with the United
States system Of public land surveys ald 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
unsuTveysd 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 ex
listing laws, shall apply to such cases: And pro-
viled 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 il possession of placer
claim. and also a vein or lode included within
the boundaries thereof. application shall he
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 "An 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 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 as conclusive declaration that the
ella mant Of the plaCsr-claim has no right of 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 plscer-claim shall convey
| all valuable mineral and other deposits within
TIL boundaries thereof.
SEC II That the surveyor-General 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 surye,
Of vein or lode claims, and the survey and sub
division Of placer claims into smaller quantitie
than one hundred and sixty acres, together will
the cost OF publication OF notices shall be paid b,
theapplcants and they shall be al liberty to OBJ
tain the same at the most reasonable rates. an,
they shall also be at liberty to employ any Unitet
States Deputy Surveyor TO make the survey
The Commissioner of the General Land Ohic
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 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 Comm,
siOner may be fully Informed on the subject
: each applicant shall file with the Register
} sworn statement Of ali charges and fees paid b
said applicant for publication and surveys, Il
! gether with all fees and money paid the Resiste
and Receiver Of the land-ofiice, which statemeI
shall be transmitted, with the papers in tn
, case, to the Commissioner of the General LAM
Office. The fees Of the Register and the r.
9 ceiver shall be five dollars each for filing an
acting upon each application for patent or AZ
$ verse claim filed, and they shall be allowed Il
amount hXel bv law for reducing test
7 nony to writing when done in Land Once, sue
n fees and allowances to be paid by the respect,
: parties: and no other fees shall be charged
u them in such cases. Nothing in this act shall
, construed to enlarge affect the rights Of eth,
1 party in regard to any property in controversy
the time ef the passage of this act, or of the &
d entitled IAN act granting the right of way
o ditch and canal owners over the public land
n and for other purposes" approved July &c, 1856
nor shall this act affect any right acquired und
said act; and nothing in this act shall be co
d strued to repeal impair or in any way affect Il
J. provisions of the act entitled IAN act grantii
!. to A SutrO the right Of way and other privilsg
a TO aid in the construction Of draining and e
d ploring tunnel to the Comstock Lode in Il
IT State OF Nevada" approved July Goth, 1866.
y SEC. Is. That all affidavits required to
n made under this act, or the act to which 1t
:, amendatory, may be verified before any ofic
n authorized to administer oaths within the lal
i district where the claims may be situated. al
!, all testimony and proofs may be taken befo
n any such officer, and when duly certified by {
y officer taking the same, shall have the same for
y and effect as IL taken before the Register a.
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 at lei
o ten days to the opposing party; or il said par
W NC lOuuu tAlcH W puplieatich vi at ies
n oncs a week for thirty days in newspaper, to
d designated by the Register Of the Land Office
= published nearest the location Of such land q
e the Register shall require proof that such mott
J. has been given.
It SEC. IA. That where two or more veins int
d sect or cross each other, priority of title sh
/ govern, and such prior location shall be sntitl
70 to all ore or mineral contained within the sp,
10 OF intersection: Provided, however, That (
y subsequent location shall have the right of "
l. through said space Of intersection for the p
n possesses of the convenient working Of the q,
- mine: And provided also, That where two
rs more veins unite, the Oldest or prior losati
O. shall take the vein below the point Of unisA,
a. Guiding all the space ofintersection
err SEC. Is. That where non-mineral land
Is contiguous to the vein or lode is used or sct
ne pied by the proprietor Of such vein or lode
De mining or milling purposes, such non lace
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
IN subject to the same preliminary requireniel
II as to survey and notice as are applicable un(
m 4. IA d. IA I'M