Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-19


ar tees and ME the certificate and description
by the suryevor-CSenerai, whereupon the register
shall certify the proceedings and Judgment-rol
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 26th 1866 and July 3 $50. in the
case Of all individual, msy consist in his own
AFFIDAVIT thereof. and in case of an association OF
persons unncorpoTsted of the affidavit of their
authorized agent made on his own knowledge or
upon information and belief, and in case of
cdrpOratinn organized under the laws Of the
United States, oi any State or Territory OF the
United States, by the filing of 4 certified copy OF
their charter or certificate of Incorporation and
nothing herein contained shall be construed TO
prevent the alienation Of the title conveyed hya
patent for a mining claim to any person what
ever
claims. upon surveyed lands. shall designate the
location Of the claim with reference 10 the lines
OF the public surveys, but need not conform
Herewith but where patent shall De
issued as aforesaid for claims upon unsur-
veyed lands. the Surveyor General in extending
the surveys, shall adjust the same to the houn-
diaries OF such patented claims, according to the
plat or description thereof. but so as in no case
70 interfere with or change the location OF any
-uch patented claim.
SIC. .. That sections one. two, three, four and
elk. Of an act entitled An Act granting the right
O. way to ditch and canal Owners oyerthe public
lands. snd for ether purposes, approved July
tweuty-siNth. eighteen hundred and siXty-siN
are hereby repealed but such repeal shall not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: hut in such cases where adverse rights
are not affected thereby, patents may issue in
pursuance Of the provisions OF this act and al
patents for mining claims heretofore issued
under the act Of July twenty-siXth, eighteen
hundred and siNtysiN, shall convey all the rights
Z -. aa+ hara NO
adverse rights exist st the time Of the passage oi
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 pn6llc lands and iof
other purposes. approved July ninth. eighteen
hundred ard seventy, shall be and remain IN
full force except TO the proceedings TO obtain
q patent which shall D. similar 10 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 conforned to legal sub
division, survey and plat shall be made as on
unsurveySd 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-
yided also, That where by the segregation of
mineral land i'll 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, associa-
ton or corporation in possession of 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
in such case IsubjeCt 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 any
vein or lode claim, shall be paid for at the rat,
of two dollars and fifty cents per acre, together
with all costs of proceedings; and where avein Oh
! lode, such as described in the second section o.
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 al
! plication for the vein or lode claim, shall bt
| construed as a conclusive declaration that tn,
ella mant of the placer-claim has no right o pos
! herHlul vi lIt VEN Ut Dut Wntrt tns
existence of vein or lode in placer claim is no
known, apatent for the placer-claim shall conve,
all valuable mineral and other deposits within
| thu boundaries thereof.
! SEC. II That the Surveyor General of tn,
| United States may appoint in each land distric
containing mineral lands as many competen
surveyors as shall apply for appointment to sur
Vey mining claims The expenses of the surve
Of vein or lode claims, and the survey and sui
division Of placer claims into smaller quantite
] hundred al Z nrp hgF WI
the cost OF publication of notices, shall be paid b.
the applicants and they shall be at liberty to OF
tain the same at the most reasonable rates, m,
they shall also be at liberty to employ any Unite
| States Deputy Surveyor to make the survey
| The Commissioner of the General Land ONO
shall also have power to establish the maximum
charges for surveys and publication of notice
under this act and, III case of excessive charge
for publication he may designate any newspape
published in 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 Commii
sioner may be fully Informed on the subjec
each applicant shall file with the Register
sworn statement of all charges and fees paid b
said applicant for publication and surveys I,
gether with all fees and money paid the Resist,
and Receiver Of the land office, which statenei
shall be transmitted, with the papers in Il
case. to the Commissioner of the General Ian,
! Office. The fees of the Register and the II
ceiver shall be five dollars each for filing al
acting upon each application for patent or a
verse claim filed, and they shall be allowed Il
amount fixed by law for reducing test
mouy to writing, when done in Land Office, SUE
fees and allowances to be paid by the respecti'
parties; and no other fees shall be charged
them in such cases. Nothing in this act shall
construed to enlarge or affect the rights of eth
party in regard to any property in controversy
the time of the passage of this act. or of the a
/ entitled IAN act granting the right of way
, ditch and canal owners over the public land
and for other purposes" approved July &c, 1876
} 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 Il
= provisions of the act entitled "An act grantii
, to a. Sutro the right of way and other privileg
a to aid in the construction of draining and e
ploring tunnel to the Comstock Lode, in {
r State of Nevada" approved July 20h, 1865.
V SEC. -. That all afiidavits required to
a made under this act, or the act to which it
=, amendatOry, may be verified before any offiC
N authorized to administer oaths within the Ia
l. district where the claims may be situated, a
|, all testimony and proofs may be taken befC
n any such officer, and, when duly certified by
officer taking the same, shall have the same fol
v and effect as il taken before the Register a
h Receiver Of the Land Office. In cases of cont
/. as to the mineral or agricultural character
= land, tho testimony and proofs may be taken
l. herein provided, on personal notice OF at le
o ten days to the opposing party; or if said pa
a cannot be found, then by publication of at le
designated by the Register of the Land Office
= published nearest the location of such land O
e the Register shall require proof that such not
,- has been given.
t SEC. IA. That where two or more veins int
d sect OF cross each other, priority Of title sh
T. govern, and such prior location shall be EMIT
.e to all ore or mineral contained within the SD
le of intersection: Provided, however That
Ig subsequent location shall have the right of v
h. through said space of intersection for the D
h possesses of the convenient working Of the q
~ mine: And provided also, That where two
rs more veins unite, the Oldest or prior locat
Q. shall take the vein below the point of union
4. GLIDING all the space ofintersection.
n SEC. Is. That where non-mineral land
Is contiguous to the vein or lode is used or oc
e pied by the proprietor of such vein or lode
e mining or milling purposes, such nom jac
# surface ground may be embraced and inclut
II in an application for patent for such vein
y lode, and the same may be patented therewi
n subject to the same preliminary requirenle
If as to survey and notice as are applicable UNI
e this act to veins or lodes: Provided, That
% location hereafter made Of such non-adjac
n land shall exceed five acres, and payment
d the same must be made at the same rate as a,
f. by this act for the superfcies of the lode. I
10 owner of quartz mill or reduction works,
n owning mine in connection Herewith, n
'e also receive patent for his mill.site as pro
IS ded In this section.
SEC. 16. That all acts and parts Of acts inc
e sistent herewith are hereby repealed: Proyid
e That nothing contained in this act shall be c,
e strued to impair, in any way, rights or intere