Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-02


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 i
by the Survey0r-General, whereupon the register i
shall certify the proceedings and judgment-roll 1
to the Commissioner the Land Office, 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 26th 1866 and July g. 1870, in the
case of an individual, may consist in his own
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 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 iiling 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 4 mining claim to any person what
ever.
SIC. 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, 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. 9. That sections one, two, three four and
six of an act entitled An Act granting the right
Of way 70 ditch and canal owners oyerthe public
lands, and for other purposes, approved July
twenty. sixth, eighteen hundred and sixty-slr,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
! for mining claims now pending may he prose-
| cuted TO final decision in the General Land
| ONCE; but in such cases where adverse rights
/ are not affected thereby, patents may issue In
pursuance of the provisions OF TINS act; ana al
| patents for mining claims heretofore Issued
/ I'll. asw trht
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 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 10 OBTAIN
n patent which shall be similar to the proceed
ipps 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, ana
no such location shall include more than twenty
acres for each individual claimant, but where
placer.caims cannot be conformed to legal sub
division survey and plat shall be made as on
unsuIveyfd 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 eA'
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 qualihed by
law for homestead or presumption purposes.
SEC. IL. 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 bt
made for patent for the placer-claim with the
statement hat 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 ac
granting the right of way 10 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 thu
payment Of five dollars per acre for such vein o.
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 avein o.
lode such as described in the second section o
this act, is known to exist within the boundarie
Of a placer-claim, an application for patent TO
such placer-claim, which does not include an ap
plicatioa for the vein or lode claim, shall b.
construed as conclusive declaration that tn
ella mant of the placer-ciaira has no right I 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 conve,
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
, containing mineral lands as many competer
, surveyors as shall apply for appointment to SUI
3 vey mining claims. The expenses of the surve
. of vein or lode claims, and the survey and sui
+ division of placer claims INTO smaller quantiti,
Q 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
tain the same at the most reasonable rates, an
they snail also be at liberty to employ any Unite
States Deputy Surveyor to make the surve,
, | The Commissioner of the General Land. OffiC
/ shall also have power to establish the maximum
charges for surveys and publication of notice
under this act and, in case of excessive charge
5 for publication, he may designate any newspapt
| published in land district where mines al
E situated, for the publication of mining motto,
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
g | each applicant shall file with the Register
o ! sworn statement of all charges and fees paid
e said applicant for publication and surveys, t
n gether with all fees and money paid the Resist
l. and Receiver of the land-othce, which statemel
|, shall be transmitted, with the papers in ii
!, case, to the Commissioner of the General Ian
q ceiyer shall be five dollars each for filing al
u acting upon each application for patent or
is verse claim fled and they shall be allowed {
[ amount fixed by law for reducing ties
IT 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
It party in regard to any property in controversy
n the time of the passage of this act, Of the q
|
10 ditch and canal owners over the public lant
m and for other purposes approved July %, 1884,
10 nor shall this act affect any right acquired und
said act; and nothing in this act shall be CO
ID 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 aud other privileg
a to aid in the construction of Il draining and E
ed ploring tunnel to the Comstock Lode, in (
or State of Nevada" approved July 25th, 1866.
nv SEC. 49, That all afhdavits required to
: a made under this act, or the act to which II
,e, amendatory, may be verified before any Off
Ina authorized to administer oaths within the Ia
H. district where the claims may be situated, a
al 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 II taken before the Register
"a Receiver OF the Land Office In cases Of cont
IL. 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 q week for thirty days in q newspaper, to
ed designated by the Register of the Land OncI
W. published nearest the location of such land;
he the Register shall require proof that such not
10. has been given.
at SEC. IA. That where two or more veins In
cd sect or cross each other, priority of title ST
ip. govern, and such prior location shall be EMIT
he to all ore or mineral contained within the SD
he of intersection: Provided, however That
ng subsequent location shall have the right Of
tn through said space of intersection for the r
it'll possesses of the convenient working OF the
,es 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,
IN. GLIDING all the space of Intersection.
Ter SEC. Is. That where non-mineral land
cts contiguous to the vein or lode is used or OF
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
ali in an application for patent for such veil
40. lode, and the same may be patented therew
on subject to the same preliminary requirenit
If ss to survey and notice as are applicable un
he this act to veins or lodes: Provided, That
ice location hereafter made of such non-adjac
on land shall exceed five acres, and payment
led the same must be made at the same rate as q
of. by this act for the superfcies of the lode.
rse owner Of q quartz mill or reduction works.
ON owning q mine in connection herewith,
be also receive a patent for his mill site, as pr
,ss ded In this section.
SEC. 49, That all acts and parts Of acts int