Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-01

er fees. and file the certificate and description
by the surveyor-6ieneral, whereupon the register
shall certify the proceedings and iudgment-rol
10 the Commissioner Oft Land Once, 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 asth lSGs. and July O. 1sIn 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 filing Of q 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. 6 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 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 to the
plat or description thereof, but so as in no case
10 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 over the public
lands, and lOF NtNtT purposes hlIIoNfu Jul.
twepty-sixth. eighteen hundred and sixty-six,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to anal decision in the General Land
Office; but in such cases where adverse lights
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
0 81 1.xsf at tRb1 M
adverse rights exist at the time of the passage Of
! this act.
/ SEC. 10. That tho act entitled An Act to
! amend an act granting the right of way TO ditch
and canal owners over the public lands, and FOL
! other purposes, approved July ninth, eighteen
hundred and seventy, shall be and remain IL
full force except as to the proceedings to Obtain
[ patent which shall be similar to the proceed
ings prescribed by sections six and seven OF THU
/ 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, anc
all placer mining claims hereafter located shal
conform as near as practicable with the Unltec
States system Of public land surveys and TIT
rectangular subdivisions Of such surveys, ant
no such location shall include more than twenty
acres for each individual claimant, but wher'
placer claims cannot be cOnformed to legal sub
division, survey and plat shall be made as OF
unsulveyf lands: Provided, That proceeding
now pending may be prosecuted to their hna
determination under existing laws; but the pro
visions Of this act, when not in conflict with ex
istinF laws, shall apply to such cases And pro
vided also That where by the segregation o
mineral land in any legal subdivision quantit.
Of agricultural land less than forty acres re
MAINS said fractional portion Of agriculture
land may be entered by any party qualified b.
law, for homestead or presumption purposes.
SEC. IL. That where the same person. associs
ton or corporation in possession Of a placer
claim and also vein or lode included With
the boundaries thereof, application shall b
made for patent for the placer-clalm, with tn
statement that it includes such vein or lode, an
in such case Subject to the provisions of thl
act and the act entitled IAN act to amend an AZ
granting the right of way to ditch and cant
owners over the public lands, and for other pul
poses; approved July ninth, eighteen hundre
and seventy patent shall issue for the place
| claim, including such vein or lode, upon IL
payment of FIVE dollars per acre for such vein
lode claim, and twenty-five feet of surface Q
each side thereof. The remainder of the place
claim. or any placer claim not embracing al
vein or lode claim. shall be paid for at the RAJ
of two dollars and fifty cents per acre, togethe
with all costs Of proceedings; and where a vein
r lode such as described in the second section
this act, is known to exist within the boundari
2 Of placer-Claim, an application for patent f
such placer Claim which does not include an al
t plication for the vein or lode claim shall
r construed as conclusive declaration that Il
= ella mant of the placer-claim has no right o ( pc
D session Of the vein or lode claim but where Il
existence of a vein or lode in placer-claim is n
+ known, apatent for the placer-claim shall cow,
/ all valuable mineral and other deposits with
h tn, boundaries thereof.
e SEC l. That the Surveyor General Of Il
J. United States may appoint in each land distri
o containing mineral lands as many compete
TO surveyors as shall apply for appointment TO S,
De vey mining claims. The expenses of the surv
is Of vein or lode claims, and the survey ana 81
OF divisio of placer claims INTO smaller quantit
lie than one hundred and sixty acres, together wi
a. the cost Of publication of notices shall be paid
or theapplicants and they shall be at liberty too
al tain the same at the most reasonable rates, Il
fy they shall also be at liberty to employ any Unit
s. States Deputy Surveyor to make the survt
re The Commissioner of the General Land OFF
ID shall also have power to establish the maximl
n charges for surveys and publication of motto
il under this act; and. in case of excessive char
is for publication, he may designate any newspal
IL published in land district where mines
lie situated for the publication of mining motif
ct in such district, and fix the rates to be chars
III by such paper; and to the end that the Comm
ms sioner may be fully informed on the subje
be each applicant shall file with the Registe
to sworn statement Of ali charges and fees paid
ne said applicant for publication and surveys,
en- gether with all fees and money paid the Rests
IA and Receiver Of the land-ofiice, which staten
d. shall be transmitted, with the papers in
RS case. to the Commissioner Of the General La
re- Office. The fees of the Register and the
of acting upon each application for patent or
ais verse claim fled and they shall be allowed
ct, amount fixed by law for reducing tie
or mouy to writing, when done in Land Office, 81
on fees and allowances to be paid by the respect
err parties; and no other fees shall be charged
on them in such cases. Nothing in this act shall
m construed to enlarge or affect the rights Of cit
at party in regard to any property in controvers.
in the time OF the passage of this act, or OF the
lid entitled IAN act granting the right of way
n ditch and canal the public lar
i'm and for other purposes" approved July &c, II
no nor shall this act affect any right acquired un
said act; and nothing in this act shall be c
ed strued to repeal, impair, or in any way affect
1b- provisions Of the act entitled IAN act grant
IN, to A. Sutro the right of way and other privile
e a to aid in the construction Of draining and
ed plorpg tunnel to the Comstock Lode, in
or State OF Nevada, approved July 25th, 1866.
ay SEC. 10. That all affidavits required to
made under this act, or the act TO which ii
&c, amendatory, may be verified before any off
i'm authorized to administer oaths within the /
di- district where the claims may be situated,
al, all testimony and proofs may be taken BET
i'm any such officer, and, when duly certified by
by officer taking the same, shall have the same fC
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 Il
To ten days to the opposing party; or if said pr
as cannot be found, then by publication of at Il
in once a week for thirty days in a newspaper, t
ed designated by the Register of the Land 0ffic
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 other, priority of title S
ig- govern and such prior location shall be emit
he to all ore or mineral contained within the 81
he Of intersections Provided, however, That
ng subsequent location shall have the right of
tn through said space of intersection for tho
it'll possesses of the convenient working of the
tes mine: And provided also, That where two
lrs more veins unite, the oldest prior local
We shall take the vein below the point of union
an. GLIDING all the space ofintersection.
her SEC. Is. That where non-mineral land
cts contiguous to the vein or lode is used or o,
the pied by the proprietor of such vein or lode
be mining or milling purposes, such non-ad JAG
of surface ground may be embraced and inclu
all in an application for patent for such vel
no. lode, and the same may be patented therew
on subject to the same preliminary requiem,
II as to survey and notice as are applicable VI
the this act to veins or lodes: Provided, Tha
ice location hereafter made of such non-adja,
ion land shall exceed five acres, and payment
led the same must be made at the same rate az {
Of by this act for the superficies of the lode.
rse owner of quartz mill or reduction works,
ON owning q mine in connection Herewith
be also receive a patent for his mill-site, as pr
mas ded in this section.