Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-09

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7 fees. and file the certificate and description
" the Surveyor General, whereupon the register
hall certify the proceedings and judgment-roll
0 the Commissioner ofthe Land Once, as in the
preceding case, and patents shall issue to the
eyeral parties according to their respective
lights Proof of citizenship under this act, or
he act Of July 2sth 1866 and July ., 1870, in the
,ase of an individual, may consist in his own
,idavit 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 q
corporation organized under the laws Of the
United States, or OF any State or Territory OF the
United States, by the filing of certified copy OF
their charter OF 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 not conform |
Herewith. but where patent shall be |
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 o. That sections one, two, three, four and
six. of an act entitled An Act granting the right
of way to ditch and canal owners overthe public
twenty-sixth. 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are hereby repealed, but such repeal shall not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 d 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 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 to the proceedings to obtain
a 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
yeyed lands, and conform to legal SUBDIVISIONS,
no further survey or plat shall be required, and
all placer mining claims hereafter located snail
conform as near 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
unsuryeyfd lands: Provided That proceedings
now pending may be prosecuted to their hnal
determination under existing laws; but the pro-
visions of this act, when not in conflict with eN-
| 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-
| tion or corporation in possession of placer
| claim, and also vein or lode included within
] l.. ..I,.,s hal In
made for patent for the plscer-caim, 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 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
I 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 OF
! lode, such as described in the second section OF
/ this act, is known to exist within the boundaries
OF a placer-claim, All application for patent FOL
such placer-claim which does not include an ap
| plcation for the vein or lode claim, shall be
construed as conclusive declaration that the
ella mant of the placer-claim has no right o I pos
| session Of the vein or lode claim; but where the
existence of q vein or lode in placer claim is no
known, apGtent for the placer-clam shall conve,
ell valuable mineral and other deposits within
tn boundaries thereof.
SEC. - That the Surveyor General Of tn,
United States may appoint in each land distric
, containing mineral lands as many competen
} surveyors al shall apply for appointment to SUI
. ycy mining claims. The expenses OF the surve
! of vein or lode claims, and the survey and sui
division of placer claims into smaller quantite
than one hundred and sixty acres, together wit
the cost OF publication of notices shall be paid b
theappliCants, and they shall be at liberty to OF
tain the same at the most reasonable rates, an
they shall also be at liberty to employ any Unite
. States Deputy Surveyor to make the surve!
The Commissioner of the General Land-Offc
/ 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 al
2 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
S sioner may be fully informed on the subjec
o each applicant shall file with the Register
o sworn statement of all charges and fees paid
q said applicant for publication and surveys, I
n gether with all fees and money paid the Resist
l. and Receiver Of the land office, which stateme
/, shall be transmitted, with the papers in Il
!. case. to the Commissioner of the General Ian
:. Office. The fees of the Register and the Il
q ceiver shall be five dollars each for filing al
# acting upon each application for patent or a
IS verse claim filed, and they shall be allowed I
t. amount fixed by law for reducing ties
n mony to writing, when done in Land Office, SUI
n fees and allowances to be paid by the respect
r 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
at party in regard to any property in controversy
IN the time OF the passage OF this act, or of the
id entitled AN act granting the right of way
to ditch and canal owners over the public Ian,
IN and for other purposes, approved July 90, 10
no shall this act affect any right acquired unt
said act; and nothing in this act shall be &C
ID strued to repeal, impair, or in any way affect
b. provisions of the act entitled AN act grant
n to A. Sutro the right of way and other priviel
to aid in the construction of draining and
ed ploring tunnel to the Comstock Lode, in
or State of Nevada" approved July 25th, 1866.
nv SEC. 10. That all affidavits required to
a | made under this act or the act to which it
70 amendatory, may be verified before any Off
M authorized to administer oaths within the IL
H. district where the claims may be situated,
Al all testimony and proofs may be taken Def
m any such officer, and, when duly certified by
by officer taking the same, shall have the same 10
pv and effect as If taken before the Register
ii Receiver of the Land Office. In cases Of cont
u. as to the mineral or agricultural character
e. land, the testimony and proofs may be taken
It. herein provided, on personal notice of at lie
70 ten days to the opposing party; or if said pa
as cannot be found, then by publication of at lie
in once a week for thirty days in a newspaper, to
ed ueslRnattu Dy Register Ul tne Lana Olflct
w. published nearest the location of such land;
he the Register shall require proof that such not
o. has been given.
at SEC. IA. That where two or more veins in
cd sect or cross each other, priority of title 81
IL. govern and such prior location shall be EMIT
he to all ore or mineral contained within the sp
he of intersection: Provided, however, That
np subsequent location shall have the right of
th. through said space of intersection for the l
IN possesses Of the convenient working Of the
les mine: And provided also, That where two
,rs more veins unite, the oldest or prior locat
Ne. shall take the vein below the point of union,
m Guiding all the space of intersection.
er SEC. 10. That where non-mineral land
is contiguous to the vein or lode is used or oC
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
M in an application for patent for such veir
To- lode, and the same may be patented therew
on subject to the same preliminary requirenle
If as to survey and notice as are applicable IN
he this act to veins or lodes: Provided, That
ce location hereafter made of such non-adiac
ON land shall exceed five acres, and payment
ed the same must be made at the same rate as f
Of. by this act for the superfcies of the lode.
so owner of a quartz mill or reduction works,
nm owning a mine in connection Herewith, I
he also receive patent for his mill-site, as pr,
as ded in this section.
SIC IL That all acts and parts of acts inf