Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-01

er fees. and fle the certificate and description 1
by the Suryeyor-Genersl, whereupon the register 1
thail certify the proceedings and tudgment-roil I
to the Commissioner ofthe Land Once, 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 18th 1896 and July g. 1870, in the
csse Of an individual, may consist in his own
affidavit thereof and in case OF an association OF
persons unineorporsted of the affidavit of their
authorized agent, made on his own knowledge or
upon information and belief, and in case Of
corporation organized under the laws Of the
United states or Of any State or Territory Of the
United States, by the filing Of S 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 3 mining claim to any person what
ever
SIC. 6. That the description Of vein OF 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
issued as aforesaid for claims upon unsur-
veyed 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
10 interfere with or change the location of any
such patented claim.
SIG g. 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
lands, and for other purposes, approved July
tw.nty-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are hereby repealed, but such repeal shall not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 he prose-
cuted to g 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 al the time of the passage Of
this act.
SIC. 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 as 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
veyed lands, and conform to legal subdivisions,
no further survey or plat shall be required, and
all placer mining claims hereafter located shall
conform 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
unsurveyt d 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 e1-
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 a placer
claim, and also vein or lode included within
the boundaries thereof, application shall be
made for patent for the placerclaim, with the
statement hat 1t 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 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. any placer claim not embracing any
vein 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 ap-
plication for the vein or lode claim, shall be
construed as q conclusive declaration that the
ella mant of tho placef-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, apatent for the placer-claim shall convey
all valuable mineral and other deposits within
| tn boundaries thereof.
| SEC. IL That the Surveyor-General 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
of vein OF lode claims, and the survey and sub
divisio of placer claims INTO smaller quantities
than one hundred and sixty acres, together with
the cost of publication Of notices shall be paid by
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 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 n newspaper
| published in land district where mines are
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
1 sioner may be fully informed on the subject
each applicant shall file with the Register ,
sworn statement of all charges and fees paid BY
said applicant for publication and surveys, to
gether with all fees and money paid the Resistel
and Receiver Of the land office. which statement
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
ceiver shall be five dollars each for filing ant
acting upon each application for patent or ad
verse claim filed, and they shall be allowed tn
amount fixed by law for reducing testi
mony to writing, when done in Land Office, sucl
fees and allowances to be paid by the RESPECTIVE
parties; and no other fees shall be charged b,
them in such cases. Nothing in this act shall b
construed to enlarge or affect the rights of eithe
party in regard to any property in controversy q
the time OF the passage OF this act, or of the &C
entitled AN act granting the right of way Il
ditch and canal owners over the public lands
and for other purposes" approved July 26, 1866
nor shall this act affect any right acquired unde
said act; and nothing in this act shall be con
strued to repeal impair, or in any way affect tn
provisions of the act entitled IAN act grantin
TO A. Sutro the right of way and other privilege
to aid III the construction Of draining and ex
ploring tunnel to the Comstock Lode, in tn
State OF Nevada" approved July 25th, 1866.
SEC. l3. That all affidavits required to b
, made under this act or the act to which it
, amendatory, may be verified before any office
j authorized to administer oaths within the Ian
district where the claims may be situated, an
al! testimony and proofs may be taken befor
i any such oticer, and, when duly certified BY III
officer taking the same, shall have the same fore
, and effect as II taken before the Register an
Receiver OF the Land Office. In cases of contet
as to the mineral or agricultural character
land, the testimony and proofs may be taken ,
herein provided, on personal notice of at lea
|, ten days to the opposing party; or If said part
cannot be found then by publication of at lea
ence q week for thirty days in newspaper to |
designated by the Register Of the Land Office
the Register shall require proof that such motto
has been given. -...
SEC. IA. That where two or more veins into
sect or cross each other, priority of title sha
govern, and snch prior location shall be entitle
3 to all ore or mineral contained within the spat
E of intersection Provided, however That IL
z subsequent location shall have the right Of wa
through said space Of intersection for the pu
4 possesses of the convenient working of the sal
9 mine: And provided also. That where two /
: more veins unite, the oldest or prior locatic
shall take the vein below the point Of union, Ii
GLIDING all the space of intersection.
r Sec. Is. That where non-mineral land NJ
! contiguous to the vein or lode is used or occ,
} pied by the proprietor Of such vein or lode Il
, mining or milling purposes, such non adj acei
surface ground may be embraced and include
in an application for patent for such vein
lode, and the same may be patented therewit
, subject to the same preliminary Requirement
rs to survey and notice as are applicable und,
J this act TO veins or lodes: Provided, That !
! location hereafter made Of such non-adjace,
, land shall exceed I'VE acres, and payment Z,
the same must be made at the same rate a. axe
i. by this act for the superhcies Of the lode. tt
9 owner Of q quartz mill or reduction works. n,
4 owning a mine in connection herewith, m,
also receive patent for his mill site, as prov
ded in this section.
SEC. l6. That all acts and parts Of acts inco
D sistent herewith are hereby repealed: Provide
! That nothing contained in this act shall be CO,
J strued to impair. in any way, rights or interes
,,vtt. rfx-oa