Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-19

.eysrrl nsrties according to their respective
rights. Proof Of citizenship under this act, or
he act Il July 10th 1855, and July p 1870, in the
-aEe OF an Individual. may consist in his own
.ffdsylt 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 a
corporation organized under the laws Of the
nited States or Of any State or Territory Of the
United States by the filing 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 a
patent for s mining claim to any person what
eve-.
src. s. That the description Of vein or lode
claims, uuon surveyed lands, shall designate the
location u the claim with reference to the lines
Of the public surveys, but need not conform
Herewith; but where patent shall be
issued a. Aforesaid for claims upon unsnr-
veyed lands the Surveyor General in extending
the SURVEYS shall adjust the same to the boun-
daries o. such patented claims, according to the
plat or description thereof, but 50 as in no case
to interfere with or change the location OF any
such pstented claim.
sTr. .. Thst sections one, two, three, four and
six. OF an lct entitled An Act granting the right
of way to ditch and canal owners oyerthe pubic
lands and for other purposes approved July
tweuty-syth. eighteen hundred and sl1ty-alN,
are hereby repealed, but such repeal shall not
afec. existing rights. Applications for patents
for mining claims now pending may BE- prose
Cuted 10 9 Hnal 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 sixtysix, shall convey all the rights
and privileges conferred by this act where no
adverse rights exist st the time OF the passage OF
thir act.
SEC. 10. That the act entitled AN Act to
amend an act granting the right OF way 10 ditch
and canal owners over the public lsncs, and Tor
other purposes, approved July ninth, eighteen
hundred and seventy, shall be and remain IN
full force except as to the proceedings 10 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
ycyed lands. ana 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 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
unsuryeyCd 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 eN-
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 NAV 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 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 il includes such vein or lode, and
ia 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 OF
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 ali costs Of proceedings; and where avein Of
lode Ruch 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-C lain, which does not include an ar
plication for the vein or lode claim shall b.
construed as a conclusive declaration that tn
claimant of tho placer-claim has no right 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
/ thu boundaries thereof.
/ SEC. II That the Surveyor General of tn
| United States may appoint in each land distriC
. containing mineral lands as many competer
surveyors rs shall apply for appointment to su,
yey mining claims. The expenses of the surye
Of vein or lode claims, and the survey and sui
division Of placer claims into smaller quantitit
| than one hundred and sixty acres, together wit
the cost Of publication of notices shall be paid Il
, the8ppliCantr and they shall be at liberty to oil
] tain thf4 AZ ilg an
they shall also be at liberty to employ any Unite
| States Deputy Surveyor 10 make the suryc,
! The Commissioner Of the General Land OtiiC
shall also have power to establish the maximul
charges for surveys and publication Of notice
under this act; and in case of excessive charg'
for publication, he may designate any newspapt
published in n land district where mines a
situated, for the publication of mining notic'
in such district, and fix the rates to be charge
by such paper; and, to the end that the Commi
sioner may be fully informed on the subjeC
each applicant shall file with the Register
sworn statement Of all charges and fees paid
said applicant for publication and surveys I
gether with all fees and money paid the Resist
and Receiver OF the land-Otiice, which stateme
| shall be transmitted, with the papers in {
case, to the Commissioner of the General Ian
Office. The fees of the Register and t.st !.
, ceiver shall be five dollars each for filing a
{ acting upon each application for patent
: verse claim filed, and they shall be allowed (
r mony to writing, when done in Land Office, su
, fees and allowances to be paid by the respect
: parties; and no other fees shall be charged
h them in such cases. Nothing in this act shall
. construed to enlarge or affect the rights of eitl
1 party in regard to any property in controversy
n the time of the passage of this act or of the
d entitled "An act granting the right Of way
o ditch and canal owners over the public Ian
n and for other purposes" approved July 26, Is
% shall this act affect any right acquired unt
.,tr laftnFrf DO npt hall 1Naa
d strued to repeal, impair, or in any way affect
b. provisions of the act entitled IAN act grant
D. TO A. Sutro the right Of way and other privile
n to aid in the construction Of draining and
ID ploring tunnel to the Comstock Lode, in
Or State OF Nevada, approved July 25th, 1866.
~ SEC. IL. That all afidavits required to
n made under this act, or the act to which it
g, amendatOry, may be verified before any off
m authorized to administer oaths within the Ii
IL district where the claims may be situated,
4. all testimony and proofs may be taken bel
N any such officer, and, when duly certified by
" officer taking the same, shall have the same fC
W and effect as If taken before the Register
il Receiver of the Land Office. In cases of con
H. as to the mineral or agricultural character
e. land, the testimony and proofs may be takeI
t. herein provided, on personal notice of at !,
70 ten days to the opposing party; or If said pt
as cannot be found, then by publication of at !,
in once a week for thirty days in newspaper, t,
ID designated by the Register of the Land Oflic
A.. published nearest the location of such land;
le the Register shall require proof that such no
o. has been given.
at SEC. IA. That where two or more veins in
ID sect or cross each other, priority Of title S
O. 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
H. through said space of intersection for the
tn possesses Of the convenient working of the
es mine: And provided also, That where two
re more veins unite, the Oldest or prior loca
e. shall take the vein below the point of union
n Guiding all the space of intersection.
err SEC. 10. That where non-mineral land
is 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-adja
of surface ground may be embraced and inclr
III in an application for patent for such vel
10. lode, and the same may be patented therew
on | subject to the same preliminary requireni
If as to survey and notice as are applicable VI
he this act to veins or lodes: Provided, Tha
ce location hereafter made of such non-adja
ON land shall exceed five acres, and payment
ed the same must be made at the same rate as (
IF. by this act for the superfces of the lode.
SO owner of q quartz mill or reduction works,
nm owning a mine in connection Herewith,
be also receive n patent for his mill site as pI
as ded in this section.
SEC. 16. That all acts and parts Of acts in
be sistent herewith are hereby repealed: Provi
be That nothing contained in this act shall be
he strued to impair, in any way, rights or inter
IS. in mining property acquired under existing Il
o. Approved May 10, 1872
nj CHAP. CCXIv. An Act to amend m Act emit