Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-10

r fees srd rle the Certificate and description
by the Surveyor-General, Whereupon the register
shan certify the proceedings and iudgment-roll
to the Commissioner of 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 25th 1855, 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 unincorporatod OF the atfidayit OF their
authorized agent, made on his Own knowledge or
upon information aud 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 tling of q certified copy OF !
their charter or certificate OF incorporation; and
nothing herein contained shall be construed 10 4
prsyeut the alienation Of the title conveyed by
patent fer mining claim to any person WHAT
ever.
SIC. 5. 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 unsr-
veyed lands, the Surveyor General in extending
the surveys, snail adjust the same to the boun-
daries of such patented claims, according 10 the
plat or description thereof, but so as in no case
TO interfere with or change the location OF any
such patented claim.
SIC. 9. That sections one, two, three four and
six. OF an act entitled An Act granting the right
OF way to ditch and canal owners oyerthe public
lands, and for other purposes, approved July
twenty-sixth. eighteen hundred snd sixty six,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may he prose
cuted to q iinal decision in the General Land
Office: but in sueh cases where adverse rights
are not affected thereby, patents may issue IN
pursuance Of the provisions OF this act; ana all
patents for mining claims heretofore issued
under the act Of July twenty-sixth, 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.
sFC. 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 to obtain
q 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
veyed lands and 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
unsurvey lands Provided, That proceedings
now pending may be prosecuted to their hnBl
determination under existing laws; but the pro-
visions of this act, when not in conflict with ex-
listing laws shall apply to such casts: And pro.
vided also, That where by tine segregation oil
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 quaiihed by
law, for homestead or pre-e mpti0n purposes.
SEC H. That WHERE the same person, associa-
tion 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 plarer-c aim, 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 AN act to amend an act
granting the right of way 10 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 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
of two dollars and fifty cents per acre, together
with all costs Of proceedings; and where avein or
lode such as described in the second section of
this act, is known to exist within the boundaries
of placer.claim, an application for patent for
such placer-claim, which does not include an ap.
plication for the vein or lode claim, shall be
construed as o conclusive declaration that the
ella mant of tho placer-claim has no right pos.
session Of the vein OF lode claim; but where the
tAlsItDCt OF VEN Ut IL lUl
known, apatent Tor the plscer-claim shall convey
sll valuable mineral and other deposits within
tn boundaries thereof.
SEC. IL That the Surveyor General Of the
United States may appoint in zach land district
containing mineral lands Gs many competent
surveyors as shall apply for appointment to sur.
vey mining elaine The expenses of the survey
OF vein or lode claims, and the survey and sub.
diyisio Of placer claims INTO smaller quantities
than one hundred and sixty acres, together with
ha rNCt Of N1ll n no N
the applicants and they shall be at libery to OBJ
tain the same at the most reasonable rates, and
they shall also be at liberty to employ any United
States Deputy Surveyor to make the survey.
The Commissioner of the General Land-Oftce
shall also have power to establish the maximum
| charged for surveys and publication Of notices
under this act; and, in case OF excessive charges
| for publication, he may designate any newspaper
| published in u land district where mines are
| situated, for the publication OF mining notices
in such district, and fix the rates to be charged
| by such paper; and TO the end that the Commits
sioner may be fully Informed on the subject
each applicant shall file with the Register
| sworn statement of all charges and fees paid BY
said applicant for publication and surveys, to
/ gether with all fees and money paid the Resistel
| and Receiver Of the land-ofhce, which statemen
shall be transmitted, with the papers In tn
case. to the Commissioner of the General Land
Office. The fees OF the Register and the Re
ceiFeT shall be five dollars each for filing AM
acting upon each application for patent or ad
verse claim filed, and they shall be allowed tn
amount fixed by law for reducing test
mony to writing, when done in Land Once, sucl
fees and allowances to be paid by the respectiy
parties: and no other fees shall be charged b.
them in such cases. Nothing in this act shall
construed to enlarge or affect the rights of eithe
party in regard to any property in controv ersy q
the time OF the passage OF this act, or of the &C
entitled IAN act granting the right of way t
ditch and canal owners over the public lands
and for other purposes" approved July &c, 1866
nor shall this act affect any right acquired unde
said act: and nothing in this act shall be cor
strued to repeal, impair, or in any way affect til
. provisions of the act entitled IAN act Erantin
to A. sutro the right OF way and other privilege
\ to aid in the construction OF . draining and ex
4 ploring tunnel to the ComstOck Lode in III
State OF Nevada" approved July 25,h, 1866.
' SIC. 10. That all afidavits required to
d made under this act, or the act to which 1t
), ameudatOry, may be verified before any offic,
n | authorized to administer oaths within the lar
. district where the claims may be situated, al
all testimony and proofs may be taken befo
n any such officer and, when duly certified by Il
v officer taking the same, shall have the same for
V and effect as If taken before the Register III
i Receiver of the Land Office. In cases Of conte
! as to the mineral or agricultural character
: land, the testimony and proofs may be taken
: herein provided, on personal notice of at lea
o ten days to the opposing party; or if said par
$ cannot be found, then by publication of at lea
n once week for thirty days in a newspaper, to
4 designated by the Register of the Land Office
!. published nearest the location of such land; al
e the Register shall require proof that such mott
!. has been given.
( SEC. IA. That where two or more veins int
d sect or cross each other, priority of title sh,
!, govern, and such prior location shall be entitl
70 to all ore or mineral contained within the spa
e of intersection Provided, however That t
70 subsequent location shall have the right of W
!. through said space of intersection for the pl
b possesses Of the convenient working Of the "a
!. mine: And provided also, That where two
- more veins unite, the oldest or prior locati
:. shall take the vein below the point of union,
\. GLIDING all the space of intersection.
IT SEC. 10. That where non-mineral land r
Is contiguous TO the vein or lode is used or occ
e pied by the proprietor of such vein or lode
q mining or milling purposes, such non,adj ace
# surface ground may be embraced and includ
ii in an application for patent for such vein
). lode, and the same may be patented therewil
n subject to the same preliminary requirenleI
II as to survey and notice as are applicable und
,e this act to veins or lodes Provided, That
. location hereafter made of such non-adjace
N land shall exceed five acres, and payment
a the same must be made at the same rats rs flx
T. by this act for the superfcies Of the lode.
Sc owner of quartz mill or reduction works, Z
m owning q mine in connection Herewith, m
De also receive patent for his mill.site. a. pro
as ded in this section.
SEC. l6. That all acts and parts Of acts incs