Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-21

pay for his portion Of the claim, with the prop
er faes and file the certificate and description
by the suryeyor-General, whereupon the register
shall certify the proceedings and judgment-rol
to the Commissioner OF the Land Office as in tbs
preceding case, and patents shall issue 10 the
several parties according to their respective
rights. Proof Of citizenship under this act, or
the act Of July 26th 1866 and July 9, 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 sfidsyit OF their
authorized agent. made on his own knowledge or
upon information and belief, and in case Of q
corporation organized under the laws OF the
United States, 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 10
prevent the Elienstiou OF the title conveyed by
patent for q mining claim TO any person what
ever.
SIC. s. 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
therewith but where patent shall be
issued as Aforesaid for claims upon unsur-
ycyed lands the Surveyor General in extending
the surveys, shall adjust the same TO the bOun-
dsries Of such patented claims. according to the
plat or description thereof, but 80 as in no case
to interfere with or change the location OF any
such patented claim.
SIC. Q. That sections one, two, three, four and
six, Of an act entitled An Act granting the right
Of way to ditch anG canal owners overthe public
lands, and for other purposes approved July
twonty-si-th. eighteen hundred and stNty-siE,
are hereby repealed but such repeal shall not
lfsecs existing rights. Applications for patents
Tor mining clHiuE now pending may be prose
cutsd 10 q iiusi decision in the General Land
Office; but in sUcl 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 ana siEty-sX, shall convey all the rights
and privileges conferred by this act where no
adverse rights exist 1T the time Of the passage Of
this act
ST.. n That the act entitled AN Act to
amend an act granting the right Of way 10 ditch
and canal owner over the public LANDS, and for
other Turp0Sts,' approved July ninth, eighteen
! hundred and seventy, shall be and remain in
full force. except Us to the proceedings to obtain
| o patent which shall be similar to the proceed
iugs prescribed by sections six and seven of this
act for obtaining patents TO vein or lode claims;
but where said piacer-claims shall be upon sur
yeyed lands, and conform to legal subdivisions,
30 further survey or plat shall be required, and
all placer mining claims hereafter located shall
conform Us near a. practicable with the L ited
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-ciaims cannot be coniOuned to legal sub
division, survey and plat shall be made as on
unEurvevCd 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 ex
listing laws, shall apply to such cases: And pro.
vidcd 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 Iay be entered 10y any party qualified by
law, FOR homestead or presumption purposes
SIC. Il. That where the same person. associa-
ton or corporation in possession of a 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 nat it includes such vein or lode, and
in sucn 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 i've dollars per acre for such vein or
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
Ct Two dollars aud fifty cents per acre, together
with oil costs Of proceedings; and where vein OF
lode, such Is described in the second section Of
this act is known to exist within the boundaries
OF placer-claiIn, an application for patent fOG
such placer-gl6im which does not include an ap-
plicati0n for the vein or lode claim, shall be
construed Is a conclusive declaration that the
claimant OF the plscer-claim has no right o pos.
o. inc tlu or lDuc ClAllD. put where Inc
existence Of aNcin or lode in placer lain is not
| known patent Tor the placer-claim shall convey
! all valuable mineral and other deposits within
| thu boundaries thereof.
| SEC. II That the Surveyor General Of the
| United States may appoint in each land distriC
I containing mineral lands as many competen
| surveyors a. shall apply for appointment to sur
! NCy mining claims. The expenses of the surye
OF vein OF lode claims, and the survey and sui
division Of placer claims into smaller quautitic
nd iyfy fh,4r,
the cost Of publication of notices shall be paid b.
the applicants, and they shall be at liberty to oh
| tain the same at the most reasonable rates, ant
they shall also be ct liberty TO employ any Unite
| States Deputy surveyor to make the survey
The Commissioner Of the General Land Ofic
shall also have power to establish the maximum
charges for surveys and publication OF notice
under this act: and, in case OF excessive charge
for publication, he may designate any newspape
published in q land district where mines ar
situated, for the publication of mining notice
in such district, and fix the rates to be charge
| by such paper; and, TO the end that the Comn
siOner may be fully Informed on the subec
1 each applicant shall file with the Register
sworn statemcn. of all charges and fees paid b
| said applicant for publication and surveys, t
| gethcr with all fees and money paid the ResstI
| and Receiver of the land office, which statcmel
shall be transmitted, with the papers in Il
case, to the Commissioner of the General Ian
Office. Tho fees of the Register and the Il
, cciver shall ba five dollars each for filing al
acting upon each application for patent or q
: verse claim filed, and they shall be allowed Il
amount fixed by law for reducing test
r mony to writing, when done in Land Office, SUI
1 fees and allowances TO be paid by the respect
Z. parties; and no other fees shall be charged
a them in such cases. Nothing in this act shall
construed to enlarge or affect the rights of eth
{ party III regard to any property in controversy
n the time OF the passage of this act. Of the q
4 | entitled AN act granting the right of way
o ditch and canal owners over the public lane
n and for other purposes" approved July 2G, 1s(
u nor shall this act affect any right ACQUIRED und
said act; and nothing in this act shall be co
d strucd to repeal, impair or in any way affect I
= provisions OF the oct entitled IAN act grant,
L. 10 4. SutrO the right of way and other priviloG
a TO aid in the construction of draining and 2
d ploring tunnel to the Comstock Lode, in I
n State OF Nevada approved July 25th, 1866.
" SIC. -. That all afidavits required to
u made under this act, or the act TO which II
e, amendstOry may be verified before any OFF,
n authorized to administer oaths within the la
/. district where the claims may be situated a
J. all testimony and proofs may be taken bef(
m any such officer and, when duly certified by
" officer taking the same, shall have the same fo
Y and effect as II taken before the Register a
h Receiver of the Land Office. In cases of cont
l. TO the mineral or agricultural character
= land the testimony and proofs may be taken
l. herein provided, ON personal notice of at lie
% ten days TO the opposing party; or if said pa
Is cannot be found, then by publication of at lie
n once a week for thirty days in newspaper, to
d designated by the Register of the Land Office
r published nearest the location of such land: q
10 the Register shall require proof that such not
J. has been given.
1t SEC. IA. That where two or more veins int
NJ sect or cross each ether, priority of title sl
= | govern and such prior location shall be EMIT
10 TO all ore or mineral contained within the sp
10 of intersection Provided, however, That
II subsequent location shall have the right of v
h. through said space OF intersection for the p
IA possesses of the convenient working of the 5
D. mine: And provided also, That where two
rs more veins unite, the Oldest prior lOcat
G. shall take the vein below the point of union.
H. GLIDING all the space ofintersection.
er SEC. 15 That where non-mineral land
Is contiguous to the vein or lode is used or oc
10 pied by the proprietor Of such vein or lode
% mining or milling purposes, such non-adjac
IF surface ground may be embraced and inclu,
II in an application for patent for such veir
o. lode, and the same may be patented therewi
m subject to the same preliminary requirene
II as to survey and notice as are applicable un
10 this act TO veins or lodes: Provided, That
20 location hereafter made of such non-adjac
N land shall exceed five acres, and payment
ID the same must be made at the same rate as fl
f. by this act for the superfces of the lode. .
SO owner of q quartz mill or reduction works,
m owning a mine in connection Herewith u
DO also receive a patent for his mill-site as pr,
~ ded in this section.
SEC. I6. That all acts and parts of acts inc
20 sistent herewith are hereby repealed Provd
10 That nothing contained in this act shall be C
10 strued to impair, in any way, rights or intert