Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-10

N shall sppear. from the decision OF the court,
that several parties are entitled to separate and
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
by the surveyor-General. whereupon the register
shall certify the proceedings and tudgment-roll
to the Commissioner ofthe 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 2sth 1896 and July Q, 1870 in the
case OF an individual. may consist in his own
affidavit thereof. and in case OF an association OF
persons unincorporsted Of the affidavit Of their /
authorized agent, made on his own knowledge OF I
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 filing % a 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 a mining claim to any person what
ever.
SEC, 8. 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 be
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 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 for other purposes approved July
twenty-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are hereby repealed, but such repeal shall not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 final 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 ali
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.
SEC. 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
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
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-clsims cannot be conformed to legal sub
division, survey and plat shall be made as on
unsurveyt lands: Provided, That proceedings
now pending may be prosecuted to their f1nal
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 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 qualified by
law, for homestead or presumption purposes.
SEC. IL. That where the same person, sssocia-
ton or corporation in possession OF . placer
claim, and also 3 vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claim, 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 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 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 svein or
| lode, such as described in the second section OF
| this act, is known to exist within the boundaries
of a placer-claim, an application for patent fol-
such placer claim, which does not include an ap-
| pllCatlOu 1Or tue vein Clhllu, buhu Ue
construed as conclusive declaration that the
ella mant of the placer-claim has no right of pos.
| session Of the vein or lode claim; but where the
existence of vein or lode in plscer-claim is moi
known, apatent for the placer claim shall convey
| all valuable mineral and other deposits within
| tn boundaries thereof
SEC - That the Survey or General of the
United States may appoint in Zach land distric
containing mineral lands Rs many competen
surveyors as shall apply for appointment to sur
pynpnSnH
of vein or lode claims, and the survey and sub
divisior of placer claims into smaller quantitie
than one hundred and sixty acres, together will
the cost of publication of notices shall be paid b,
the applicants, and they shall be atliberty to OBJ
tain the same at the most reasonable rates, ant
they shall also be at liberty to employ any Unitet
States Deputy Surveyor to make the survey
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
for publication, he may designate any newspape
published in a 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 Commits
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, Il
/ gether with all fees and money paid the Resiste
and Receiver Of the land-ofiice, which stateme1
shall be transmitted, with the papers in ii
case, to the Commissioner of the General Lant
Office. The fees of the Register and the r.
e ceiver shall be five dollars each for filing an
f acting upon each application for patent or a.
s verse claim filed, and they shall be allowed Il
, amount fixed by law for reducing test
r mony to writing, when done in Land Once, sue
n fees and allowances to be paid by the respecti'
:. 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
t party in regard to any property in controversy
n the time of the passage Of this act or Of the o
d entitled IAN act granting the right Of way
o ditch and canal owners over the public land
n and for other purposes" approved July rs, l86
o nor shall this act affect any right acquired und
said act; and nothing in this act shall be co
strued to repeal. impair. or in any way affect d
D. provisions Of the act entitled IAN act grantil
a. to A. Sutro the right Of way and other privileg
a to aid in the construction Of draining and e
ID ploring tunnel to the Comstock Lode, in Il
Or State of Nevada" approved July 5h, 1865.
~ SEC. 10. That ali afhdavits required to
a made under this act or the act to which it
e, amendatory, may be verified before any ono
m authorized to administer oaths within the la
Il. district where the claims may be situated, a
H. all testimony and proofs may be taken befe
m any such officer, and, when duly certified by I
" officer taking the same, shall have the same fol
" and effect as II taken before the Register a
h Receiver of the Land ONCE. In cases Of cont
IT, as to the mineral or agricultural character
g. land, the testimony and proofs may be taken
t. herein provided, on personal notice Of at LEI
70 ten days to the opposing party; or II said pal
as cannot be found, then by publication Of at le
in once q week for thirty days in Q newspaper, to
ID designated by the Register Of the Land Once
" published nearest the location Of such land 4
ne the Register shall require proof that such not
o. has been given.
at SEC. IA. That where two or more veins int
ID sect or cross each other, priority of title sh
g. govern, and such prior location shall be EMIT
he to ell ore or mineral contained within the SD
he of intersection; Provided, however. That
No subsequent location shall have the right of Y
h. through said space Of intersection for the p
tn possesses of the convenient working Of the o
e. mine: And provided also, That where two
rs more veins unite. the oldest or prior locat
e. shall take the vein below the point Of union,
n. Guiding all the space ofintersection.
or SEC. Is. That where non-mineral land
ts contiguous to the vein or lode Is used or oc
no pied by the proprietor of such vein or lode
be mining or milling purposes, such non-sdjac,
OF surface ground may be embraced and inclut
IL In an application for patent for such vein
O. lode, and the same may be patented therewi
IN subject to the same preliminary recurrence
II as to survey and notice as are applicable unt
be this act to veins or lodes: Provided, That
CO location hereafter made Of such non.adjsc,
IN land shall exceed Ave acres, and payment
ed the same must be made Ut the same rate as III
#. by this act for the superhcies Of the lode. I
&c owner of q quartz mill or reduction works,
m owning a mine in connection Herewith, n
be also receive patent for his mill site. as pro
as ded in this section.
) SEC. 49, That all acts and parts Of acts inc