Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-16

to the COMMISSIONER o. Inc Land OHce, 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 2eth 1896 and July g. 1870, in the
case Of an individual, may consist in his OWE
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 aud belief, and in case OF
corporation organized under the laws OF the
United States. Of any State or Territory OF the
United States, by the filing OF certified copy OF
their charter or certificate OF incorporation ana
nothing herein contained shall he construed TO
prevent the alienation Of the title conveyed by a
patent for a mining claim to any person what
ever. ....
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-
viewed lands the Surveyor General in extending
the surveys shall adjust the same to the boun-
daries of such patented claims, according te the
plat or description thereof but so as in NO case
to interfere with or change the location OF any
such patented claim.
SEC 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 overthe public
lands, and for other purposes, approved July
twenty-sixth, eighteen hundred and siIty-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are hereby repealed, but such repeal shall not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 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 st the time of the passage Of
| this act.
| SEC TO- That tine 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 as near as practicable with the United
| States system Of public land surveys ana 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
unsurveytd 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
isting 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 10y
law, for homestead or presumption purposes.
! SEC. II. That where the same person, associa
ton or corporation in possession of placer
claim, and also vein or lode incladed within
the boundaries thereof, application shall b.
made for patent for the placer-claim, with th'
statement hat it includes such vein or lode, ant
in such case subject to the provisions OF THU
act and the act entitled can act to amend IN &C
granting the right OF way to ditch and cana
| 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 tn
payment Of five dollars per acre for such vein o
lode claim, and twenty-five feet OF surface ol
each side thereof. The remainder OF the placer
claim. or any placer claim not embracing an
vein or lode claim, shall be paid for at the rat
of two dollars and fifty cents per acre, togethe
with all costs of proceedings; and where avein O
lode such as described in the second section c
this act is known to exist within the boundarie
of placer-claim, an application for patent 70
such pacer-claim, which does not include an az
plication for the vein or lode claim, shall b
construed as a conclusive declaration that tn
ella mant of the placer-claim has no right of POI
session Of the vein or lode claim; but where tn
existence of vein or lode in placer-claim is ne
known, apatent for the placer-claim shall eonve
all valuable mineral and other deposits With
] thu boundaries thereof
e SEC IL That the Suryeyor-General of III
= United States may appoint in each land distri
0 containing mineral lands as many competel
o surveyors as shall apply for appointment to su
g vey mining claims. The expenses of the surv,
s of vein or lode claims, and the survey and su
II division of placer claims into smaller quantiti
e than one hundred and sixty acres, together wi
the cost of publication of notices shall be paid
n the applicants, and they shall be at liberty to
Il tain the same at the most reasonable rates, al
J they shall also be at liberty to employ any Unit
: States Deputy Surveyor to make the surve
e The Commissioner of the General Land OH
d shall also have power to establish the maximu
/ charges for surveys and publication of motto
II under this act; and, in case of excessive sharg
Is for publication, he may designate any newspap
II published in land district where mines a
e situated for the publication of mining motto
7 in such district, and fix the rates to be charg
IL by such paper and, to the end that the Comm
is sioner may be fully informed Oh the subje
De each applicant shall file with the Registe
10 sworn statement Of all charges and fees paid
lie said applicant for publication and surveys,
N gether with all fees and money paid the Resis
a. and Receiver Of the land-otlice, which stateme
Il, shall be transmitted, with the papers in
s, case, to the Commissioner of the General Lar
e. Once The fees of the Register and the
re ceiver shall be fve dollars each for filing a
OF acting upon each application for patent or
rs verse claim filed and they shall be allowed
or mony to writing when done in Land Office, su
On fees and allowances to be paid by the respect
r. parties; and no other fees shall be charged
on them i'll such cases. Nothing in this act shall
H. construed to enlarge or affect the rights of eitl
AT party in regard to any property In controversy
in the time of the passage of this act, or Of the
Id entitled An sst granting the right of way
TO ditch and canal owners over the public Ian
i'm and for other purposes approved July &c, IL
no nor shall this act affect any right acquired un
ua{l ,at. nd nothing N this sbal1 ha q
ed strued to repeal, impair, or in any way affect
10 provisions of the act entitled IAN act grant
~ to A. Sutro the right of way and other privile
: to aid in the construction OF a draining and
ed ploring tunnel to the Comstock Lode, in
or State of Nevada, approved July Goth, 1865.
ay SEC 10. That all athdavits required to
r made under this act, or the act to which it
re, amendatory, may be verified before any off
i'm authorized to administer oaths within the Ii
d. district where the claims may be situated,
al, all testimony and proofs may be taken Def
I'm any such officer, and, when duly certified by
by officer taking the same, shall have the same fo
Ply and effect as if taken before the Register
oh Receiver of the Land Office. In cases Of con-
u as to the mineral or agricultural character
re- land, the testimony and proofs may be takel
at herein provided, on personal notice Of at /,
"o ten days to the opposing party; or II said pa
as cannot be found, then by publication Of at |,
in once week for thirty days in a newspaper, Il
ed designated by the Register of the Land Ofic
W published nearest the location of such land:
he the Register shall require proof that such no
To- has been given.
lat SEC. IA. That where two or more veins in
cd sect or cross each ether, priority of title 81
lg- govern, and such prior location shall be emit
he to all ore or mineral contained within the 81
he of intersection: Provided, however That
ng subsequent location shall have the right OF
IL through said space Of intersection for the !
til possesses of the convenient working Of the
les mine: And provided also, That where two
irs more veins unite, the Oldest or prior loeat
ve- shall take the vein below the point of unieR
m Guiding all the space Of intersection.
Ter SEC. Is. That where non-mineral land
cts contiguous to the vein or lode is used or o.
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
all in an application for patent for such veil
no. lode, and the same may be patented therew
on subject to the same preliminary requirenl,
II as to survey and notice as are applicable un
the this act to veins or lodes Provided, Tha
ice location hereafter made Of such non-adjat
ion land shall exceed five acres, and payment
led the same must be made at the same rate a. a
Of by this act for the supsrheies Of the lode.
rise owner of quartz mill or reduction works,
ON owning q mine in connection Herewith,
lN. - = Ia IA.