Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-27

pay for his portion Of the claim. with the prop
~ fees. and file the certificate aud description |
by the SuryeyorGenerai, whereupon the register |
snail certify the proceedings and judgment-rou
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 2Gth 1850 and July g. 1870 in the
case Of an individual, may consist in his own
affidavit thereof. and in case of association OF
persons unineorporated Of the affidavit of their
authorized sgent, made on his own knowledge or
upon information and belief, and In case Of q
corporation organized under the laws Of the
United States Of any State or Territory Of the
United States. by the nling OF certified copy OF
their charter 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 4
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-
veyed lsnds, the Surveyor General in extending
the surveys, shall adjust the same TO the boun-
daries Of such patented clsims, 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.
SIC. 9. That sections one, two, three. four and
six, Of al 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-slxth. eighteen hundred and siIty-six,
hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may he prose
cutcd TO final decision in the General Land
Office; but in such cases where adverse rights
are not affected TIL rely, patents may issue in
pursuance OF the provisions of this act; and all
patents for mining claims heretofore issued
: under tho act Of July twenty-sixth, eighteen
hundred and sixty six, shall convey all the rights
-. 81
adverse rights exist st the time of the passage of
this act.
SEC. 10. 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 10 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 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 conforned to legal sub
division. survey and plat shall be made as on
| unsuryeyf 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.
| 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
4 land may be entered by any party qualified by
I law, for homestead or presumption purposes.
SEC. II. That where the same person. assoca-
ton or corporation in possession of placer
claim, and also vein or lode included within
lr,fV law thar yNTn1tr att Ehah IN
made for patent for the placer-caim, with the
statement bat it includes such vein or lode, and
i'll 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 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 ayein or
lode, such described in the second section Of
this act, is known to exist within the boundaries
ola placer-claim, an application for patent for
such placer-clam, which does not include an ap.
plicatlOn for the vein or lode claim, shall be
construed as conclusive declaration that the
ella mant of the placer-clam has no right OF pos
session Of the vein or lode claim; but where the
existence OF aveu or lode in placer-claim is not
known, Il patent for the placer-claim shall convey
all valuable mineral and other deposits within
til boundaries thereof,
SEC. - That the Surveyor General Of the
United States may appoint IN each land distric,
containing mineral lands many competent
, surveyors as shall apply for appointment to sur
> vey mining claims. The expenses of the survey
Of vein or lode claims and the survey and sub
> divisiu of placer claims INTO smaller quantities
! than one hundred and sixty acres together with
the DObliCAt ton of notices shall he maid ly
theapplicants, 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. Ofice
. shall also have power to establish the maximum
l charges for surveys and publication of notices
under this act; and, in case of excessive charges
l for publication, he may designate any newspaper
! published in land district where mines art
! 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
l sioner may be fully informed on the subject
each applicant shall file with the Register
sworn statement Of all charges and fees paid b,
said applicant for publication and surveys, to
e gether with all fees and money paid the Resiste
n and Receiver Of the land-ofice which statemen
= shall be- transmitted, with the papers in thu
> 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 AM
T acting upon each application for patent or ad
5 amount fixed by law for reducing test
= mony TO writing when done in Land Office, sucl
= fees and allowances to be paid by the respectiv
Il parties ana No other fees shall be charged b,
: them in such cases. Nothing in this act shall b
II construed to enlarge affect the rights Of eithe
. party in regard to any property in controversy a
i the time OF the passage of this act, or Of the
II entitled AN act granting the right OF way t.
Il ditch and canal owners over the public lands
Q and for other purposes" approved July 20, 1866
nor shall this act affect any right acquired unde
u said act; and nothing in this act shall be con
, strued to repeal impair, or in any way affect tn
u provisions Of the act entitled IAN act grantin
= to A. Sutro the right Of way and other privilege
l. to aid in the construction of q draining and ex
u plorinE tunnel To the Comstock Lode, in tn
q State OF Nevada" approved July 25th 1866.
i SEC. IL. That all afiidavits required to b
J made under this act, or the act to which it
a ameudatory may be verified before any Office
> authorized to administer oaths within the Ian
u district where the claims may be situated, an
i all testimony and proofs may be taken befor
y any such officer, and, when duly certified by tn
officer taking the same shall have the same fore
and effect as If taken before the Register an
Y Receiver OF the Land Office, In cases of contes
Il as to the mineral or agricultural character {
/ land the testimony and proofs may be taken a
: herein provided, on personal notice of at leas
: ten days to the opposing party; or if said part
Q cannot be found, then by publication Of al leas
> once week for thirty days in newspaper, to b
q designated by the Register of the Land Office a
: the Register shall require proof that SUCH motto
has been given.
= SEC. IA. That where two or more veins Intel
/, sect or cross each other, priority of title sha
govern, and such prior location shall be entitle
+ to all ore or mineral contained within the spac
{ of intersection; Provided, however. That tn
subsequent location shall have the right OF wa
: through said space of intersection for the pun
l. possesses of the convenient working of the sal
mine: And provided also, That where two c
! more veins unite, the oldest or prior locatio
5 shall take the vein below the point of union II
= Guiding all the space ofintersection.
J. SEC. Is. That where non-mineral land nc
II contiguous to the vein or lode is nsed or occr
s pied by the proprietor Of such vein or lode fo
e mining or milling purposes, such non-ad acen
e surface ground may be embraced and include
y in an application for patent for such vein @
II lode and the same may be patented Herewith
j. subject to the same preliminary requirement
n as to survey and notice as are applicable unde
II this act to veins or lodes Provided, That n
e location hereafter made of such non-adjacer
e land shall exceed five acres, and payment fo
\ the same must be made at the same rate as fxe
q by this act for the superfcies Of the lode. tn
l. owner of q quartz mill or reduction works, nc
e owning n mine in connection Herewith, ma
l.t- r. - III