Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-06

that several parties are entitled TO separate and
different portions Of the claim. each party may
pay for his portion Of the claim, with the prop
er fees, and file the certificate and description
by the Suryeyor-General, whereupon the register
shall certify the proceedings and judgment-ron
to the Commissions ofthe Land Once, IS in the
preceding case. and patents shall issue to the
several PARTIES according to their respective
rights. Proof Of citizenship under this set, or
the act of July 2sth 1866. and July 9, 1870 in the
case Of an individual, may consist in his Own
affidavit thereof, and in case of On ASSOCIATION OF
persons unincorporsted OF the afndAvn 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 hling Of certified copy OF
their charter or certificate Of incorporation; and
nothing herein contained shall be construed 70
prevent the alienation Of the title conveyed by
patent for mining claim to any person WHAT
ever.
SEC g. 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 De
issued as aforesaid for claims upon unsur-
yeyed lands, the Surveyor General in extending |
the surveys. shsn 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 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 over the public
lands and for other purposes, approved July
twenty-si1fh. eighteen hunur1 and sl1ty-sia.
are hereby repealed, but such repeal shall not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 III 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 sil
patents for mining claims heretofore issued
| ,,pl. tfsH act of JT1ly tWrDty-sixfl. 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.
SIC. 10. That the act entitled AN Act 10
| amend an act granting the right of way to ditch
I and canal owners over the public lands, and for
| other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain IN
full fofce, except as to the proceedings to obtain
| a 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
yeyed lands and conform to legal SUBDIVISIONS,
no further survey or plat shall be required, and
all placer mining claims hereafter located shall
conform nesr 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-elsims cannot be conformed to legal sub
division, survey and plat shall be made 81 on
] u
now pending may be prosecuted to their final
determination under existing laws but the pro-
visions Of this act, when not in conflict with er-
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
land may be entered by any party qualined by
law, for homestead or presumption purposes.
SEC IL. That where the same person, associa-
ton or corporation in possession of q placer
claim and also vein or lode included within
the boundaries thereof. application shall be
made for patent for the placer-claim, 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 the
payment of five dollars per acre for such vein OF
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 avein OF
: lode, such as described in the second section Of
this act is known to exist within the boundaries
of o placer-clam an application for patent fol
! such placer-claim which does not include an ap
1 plicatiOn for the vein or lode claim, shall bt
r construed as n conclusive declaration that tn,
+ ella mant of the placer claim has no right o pos
session of the vein or lode claim; but where tn,
existence of vein or lode in placer-claim is no
j. known patent for the plscer-caim shall conve,
i all valuable mineral and other deposits within
tn boundaries thereof.
e SEC. IL That the Surveyor-General Of tn
l. United States may appoint in each land distric
% containing mineral lands as many competsn
70 surveyors as shall apply for appointment to SUI
DC yey mining claims. The expenses of the surve
Is of vein or lode claims and the survey and sui
OF division Of placer claims into smaller qusntitit
lie than one hundred and sixty acres, together wit
u the cost OF publication of notices be paid
Or the applicants, and they shall be at liberty to oil
al tain the same at the most reasonable rates, an
~ they shall also be at liberty to employ any Unite
s. States Deputy Surveyor to make the surye!
We The Commissioner of the General Land-Othe
ID shall also have power to establish the maximum
IL charges for surveys and publication Of notice
III under this act and, in case of excessive charge
rs for publication, he may designate any newspap'
VI published in land district where mines al
lie situated, for the publication of mining motto,
ct in such district and fix the rates to be charge
III by such paper; and, to the end that the Commi
ms sioner may be fully informed on the subjec
be each applicant shall file with the Register
to sworn statement of all charges and fees paid
ne said applicant for publication and surveys, t
en- gether with all fees and money paid the Resist
"a and Receiver Of the landoffice. which ststeme
ID, shall be transmitted, with the papers in Il
RS, case, to the Commissioner of the General Ian
re- Office. The fees of the Register and the r
Ire ceiver shall be five dollars each for filing al
Of acting upon each application for patent or a
his verse claim filed, and they shall be allowed L
ct, amount fixed by law for reducing ties
or mony to writing, when done in Land Office, SUI
ON fees and allowances to be paid by the respect
er- parties; and no other fees shall be charged
on them in such cases. Nothing in this act shall
m construed to enlarge 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
AID entitled IAN act granting the right Of way
to ditch and canal owners over the public lane
i'm and for other purposes" approved July 90, 49,
no nor shall this act affect any right acquired und
said act: and nothing in this act shall be &C
red strued to repeal, impair or in any way affect
OBJ provisions Of the act entitled An act grant,
on to A. Sutro the right Of way and other privilee
r to aid in the construction of draining and G
ted ploring tunnel to the Comstock Lode in
or State OF Nevada approved July 25th, 1866.
nay SEC. 10. That all afhdavits required to
II Il made under this act, or the act to which it
ce, amendatory, may be verified before any Off
i'm authorized to administer oaths within the Ia
di- district where the claims may be situated, a
al, all testimony and proofs may be taken befc
i'm any such officer, and when duly certified by
by officer taking the same. shall have the same fo
'py and effect as if taken before the Register a
lch Receiver of the Land Office. In cases Of cont
Gu as to the mineral or agricultural character
re- lsnd, the testimony and proofs may be taken
at herein provided, on personal notice of at lie
wo ten days to the opposing party; or il said pa
as cannot be found, then by publication Of at lie
in once week for thirty days in newspaper. to
led designated by the Register Of the Land Office
wv published nearest the location of such land;
the the Register shall require proof that such not
no. has been given.
hat SEC. a. That where two or more veins int
iod sect or cross each other, priority OF title sh
sig govern and such prior location shall be EMIT
he to all ore or mineral contained within the SD
the of intersection: Provided, however, That
ing subsequent location shall have the right Of v
tn through said space Of intersection for the p
ith possesses of the convenient working of the s
ties mine: And provided also That where two
ars more veins unite the Oldest or prior locat
We shall take the vein below the point Of union,
an GLIDING all the space of intersection.
her SEC H. That where non-mineral land
,cts contiguous to the vein or lode is used or oc
the pied by the proprietor of such vein or lode
} be mining or milling purposes, such non-adjac
q OF surface ground may be embraced and inclut
hall in an application for patent for such vein
| lnda and ha sape m hA Oatapted tharau uni