Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-24

Z fees. and Ile the cerIlnc2te and description
by the survsyor-Genersl. whereupon the register
shall certify the proceedings and judgment-roll
to the Commissioner u the Land Office, as in the
preceding case, and patents shall issue 10 the
several parties according to thek respective
rights Proof " citizenship under this act, OF
the act Of July 26th 1866 and July 2. 1870 in the
case Of an individual, may consist in his own
affidavit thereof. and in Of an association Of
persons unincorporsted 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. Of any State or Territory OF the
United States, by the Ming 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. 8. 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 q patent shall De
issued as aforesaid for claims upon unsuf-
yeyed lands the sGrveyor General in extending
the suryeys 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 Q. 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
tWsDtN-blNtl, eighteen uuLQftu Anu eiAtv-elA,
arc hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to q 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 siItysix, shall convey all the rights
and privileges conferred by this act where no
] itbf at at the the of
this act.
SIC. 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 Tor
/ other purposes approved July ninth, eighteen
/ hundred and seventy, shall be and remain in
full force. except to the proceedings to obtain
| patent which shall be similar to the proceed
ings prescribed by sections six snd seven OF this
act for obtaining patents to vein or lode claims;
but where said placer-caims shall be upon sur
| veyed lands and conform to legal SUBDIVISIONS,
no further survey plat shall be required, and
all placer mining claims hereafter located shall
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
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 eI-
] 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 II. That where the same person, associa-
ton or corporation in possession Of . placer
claim and also q vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-clsih, 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 IAN 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 tn.
payment Of five dollars per acre for such vein OF
lode claim. and twenty-five feet OF surface oil
| 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, together
with all costs Of proceedings and where q vein OF
lode, such as described in the second section o.
this act il known to exist within the boundaries
of placer claim, all application for patent fo
such placer-claim, which does not include an sp
plication for the vein or lode claim, shall b,
construed as conclusive declaration that thu
ella mant of the placer-claim has no right Of pos
session Of the vein or lode claim; but where tn
existence of vein or lode in placer-claim is no
known, patent for the placer-claim shall convs
all valuable mineral and other deposits withil
! tn. boundaries thereof.
. SEC. IL That the Surveyor General Of tn
: United States may appoint in each land distriC
0 containing mineral lands as many competer
o surveyors Us shall apply for appointment to SUI
e vey mining claims The expenses OF the surve
8 Of vein or lode claims, and the survey and sui
II division Of placer claims into smaller quantiti,
e than one hundred and sixty acres, together wit
the cost Of publication of notices, shall be paid
r the applicants and they shall be at liberty to oil
II 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 surye.
9 The Commissioner of the General Land Ono
d shall also have power to establish the maximum
/ charges for surveys and publication Of motto,
u under this act; and in case of excessive charg,
$ for publication, he may designate any newspap'
Il published in land district where mines a
e situated, for the publication Of mining notic'
4 in such district, and FIX the rates to be charge
II by such paper; and, to the end that the Commi
IS sioner may be fully informed on the subjec
e each applicant shall file with the Register
o sworn statement Of all charges and fees paid
70 said applicant for publication and surveys,
n gether with all fees and money paid the Resist
B. and Receiver OF the lapd-office, which stateme
l. shall be transmitted, with the papers in Il
s, case. to the Commissioner of the General Ian
e. Once. The fees of the Register and the R
re ceiver shall be five dollars each for filing 81
of acting upon each application for patent or 4
is verse claim filed, and they shall be allowed L
t, amount fixed by law for reducing ties
Or mony to writing, when done in Land Office, SUI
N fees and allowances to be paid by the rsspecti
r parties: and no other fees shall be charged
IN them in such cases. Nothing in this act shall
H. 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 IAN act granting the right Of way
TO ditch and canal owners over the public lane
IN and for other purposes" approved July &c, 49,
no nor shall this act affect any right acquired unt
said act; and nothing in this act shall be &C
ed strued to repeal, impair or in any way Affect
b. provisions Of the act entitled IAN act grant
N, to A. Sutro the right OF way and other privilei
to aid in the construction OF draining and {
cd ploring tunnel to the Comstock Lode in
or State of Nevada" approved July 2oth 1866.
ay SEC. 49, That all atidavits required to
a made under this act, or the act to which it
e, amendatory, may be verified before any Off
IN authorized to administer oaths within the la
IL district where the claims may be situated, a
II, all testimony and proofs may be taken bef'
m any such officer, and, when duly certified by
by officer taking the same, shall have the same TO
py and effect as If taken before the Register q
ch 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
vo ten days to the opposing party or if said pa
as cannot be found, then by publication of at lie
in once week for thirty days in a newspaper, to
ed designated by the Register Of the Land Once
w puDDSOeu ucartbt tue lOChtlOil Vi SUCH
he the Register shall require proof that such no,
To- has been given.
at SEC. IA. That where two or more veins int
cd sect or cross each other, priority Of title 81
g- govern and such prior location shall be EMIT
he to all or mineral contained within the sp
he Of intersection. Provided, however. That
ng subsequent location shall have the right Of '
H. through said space OF intersection for the p
tn possesses Of the convenient working Of the 6
tes mine: And provided also, That where two
lrs more veins unite, the oldest prior locat
ve- shall take the vein below the point Of union,
IN GLIDING all the space Of intersection.
Ter SEC. Is. That where non-mineral land
cts contiguous to the vein or lode 10 used or &C
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 thersw
on subject to the same preliminary requirenls
II as to survey and notice Is are applicable un
the this act to veins or lodes: Provided, That
Ace location hereafter made Of such non-adjac
ion land shall exceed i've acres, and payment
led the same must be made at the same rate - a
Of by this act for the superhcies Of the lode.
rse owner Of . quartz mill or reduction works,
ON owning q mine In connection Herewith, I
be also receive patent for his mill-site. A. pr
has ded in this section.