Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-22

rights. Proof Of citizenship under this act. OF
the act Of July 26th ls66 and July O. 1870, in II.
case OF an individual. may consist in his OWE
atidayit thereof. and in OF an association o,
persons unincorporAted of the sfhdayit Of theil
authorized agent, made on his own knowledge o,
upon Information and belief, and in case Of l
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: snd
nothing herein contained shall be construed Il
prevent the alienation OF the title conveyed by |
patent for mining claim to any person what
ever
SEC. 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
Herewith; but where q patent shall be
issued as Aforesaid for claims upon unsur
Neyed 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 cas-.
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-siNth. eighteen hundred and sixty-six
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patent.
for mining claims now pending may he 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 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 nc
adverse rights exist at the time Of the passage Of
this act.
SIC. 10. That the act entitled An Act 10
amend an act granting the right of way to ditch
canal lfr nd fot
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain in
full force. except as to the proceedings to obtain
patent which shall be similar to the proceed.
iDgs 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 Tor each individual claimant but where
placer-clalms 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 10 their final
determination under existing laws; but the pro-
VISIONS Of this act, when not in conflict with ex-
listing laws, shnll spply to such casts: And pro-
vided also. That where by the segregation of
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.
SIC. H. That where the same person, associa-
ton or corporation in possession of a placer
claim, and also a 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
OF anil la,
granting the right Of way TO ditch and canal
'wners over the public lands, and for other pur.
)oses; approved July ninth, eighteen hundred
md seventy patent shall issue for the placer.
lain, including such vein or lode. upon the
payment of five dollars per acre for such vein or
ode claim, and twenty five feet Of surface on
ZACH side thereof. The remainder Of the placer.
lain. or any placer claim not embracing any
'ein or lode claim, shall be paid for at the rate
Il two dollars and fifty cents per acre, together
with all costs OF proceedings; and where vein or
ode, such as described in the second section of
his act, is known to exist within the boundaries
II placer-claim, al application for patent for
uch placer-claim, which does not include an an.
)lcatlon for the vein or lode claim, shall be
construed as a conclusive declaration that the
la mHnt of the placer-claim has no right o DOS.
session Of the vein or lode claim but where the
Existence Of vein or lode in placer claim is not
inown, apatent for the placer claim shall convey
all valuable mineral and other deposits within
n boundaries thereof.
SEC IL That the Surveyor General Of the
nited States may appoint in each land district
containing mineral lands as many competent
surveyors as shall apply for appointment to sur.
vey mining claims. The expenses of the survey
OF vein or lode claims, and the survey and sub
diFislo OF placer claims INTO smaller quantities
than one hundred and sixty acres, together with
he cost OF publication of notices shall be paid by
heapplicants, and they shall he at liberty to OBJ.
ain the same at the most reasonable rates. and
hey shall also be at liberty to employ any United
states Deputy Surveyor to make the survey
The Commissioner of the General Land Office
shall also have power to establish the maximum
'harges for surveys and publication of notices
lnder this act and in case of excessive charges
Tor publication, he may designate any ut wspaper
published in land district where mines are
situated for the publication of mining notices
N such district, and fix the rates to be charged
BY such paper and, to the end that the Commits.
'loher may be fully Informed on the subject
Zach applicant shall file with the Register
sworn statement Of all charges and fees paid by
said applicant for publication and SURVEYS. to.
,ether with all fees and money paid the Resister
md Receiver Of the lRnd-office, which statement
shall be transmitted, with the papers in the
'ase, to the Commissioner of the General Land.
Office. The fees of the Register and the Re-
,eiver shall be five dollars each for filing and
lcting upon each application for patent or adj
verse claim filed, and they shall be allowed the
amount fixed by law for reducing testi.
nony to writing, when done in Land Office, such
Tees and allowances to be paid by the respectiye
parties; and no other fees shall be charged by
Them i'll such cases Nothing in this act sha he
to enlarge affect the rights of either
party in regard to any property in controversy at
The time OF the passage of this act or Of the net
entitled An act granting the right of way to
itch and canal owners over the public lands,
and Tor other purposes" approved July &c, 1866
nor shall this act affect any right acquired under
said act; and nothing in this act shall be con-
strued to repeal impair, or in any way affect the
provisions OF the act entitled AN act granting
to A. sutro the right of way and other privileges
TO aid in the construction of o draining and ex
ploring tunnel to the Comstock Lode. in The
state OF Nevada" approved July Goth 1866.
SEC, l3. That all affidavits required to be
made under this act, or the act to which it is
amendatory. may be verified before any officer
authorized to administer oaths within the land
district where the claims may be situated, and
al testimony and proofs may be taken before
my such officer. and, when duly certified by the
It1cer taking the same, shall have the same force
ma effect as If taken before the Register and
tecelver OF the Land Office. In cases OF contest
IS to the mineral or agricultural character OF
and, the testimony and proofs may be taken as
lerein provided, on personal notice Of at least
en- days TO the opposing party; or If said party
annot be found. then by publication Of at least
nee week for thirty days in newspaper, to be
by the Register of the Land Once no
published nearest the location of such land: and
he Register shall require proof that such notice
las been given.
SEC. IA. That where two or more veins inter.
ect or cross each other, priority of title shall
'overn, and such prior location shall be entitled
o all ore or mineral contained within The snaca
II intersection: Provided, however, That the
subsequent location shall have the RIGHT of way
through said space Of intersection for the mr.
'oseses of the convenient working of the said
nine: And provided also, That where two or
more veins unite, the Oldest or prior location
hall take the vein below the point of union. in.
luding all the space of intersection.
SEC. 10. That where non-mineral land not
ontiguous to the vein or lode is used or occu-
led by the proprietor of such vein or lode for
inning or milling purposes, such non diacent
urface ground may be embraced and included
D an application for patent for such vein or
ode, and the same may be patented therewitb.
ublect to the same preliminary requirements
: to survey and notice as are applicable under
his act to veins or lodes: Provided, That no
ocation hereafter made Of such non-adiscent
and Shall exceed five acres, and payment for
ne same must be made at the same rate A fxod
y this act for the superfcies Of the lode. The
wner OF quartz mill or reduction works, NOT
wning anime in connection Herewith. NAV
lso receive patent for his mill-site as proyi.
ed in this section.
SEC. 49, That all acts and parts Of acts incon.
stent herewith are hereby repealed: Provided
hat nothing contained in this act shall be con- |
rued TO impair, in any way, rights or interests |
mining property acquired under existing laws
pproved May 10, 1872. "''
HAP. CCAlV.-An Act to amend an Act entitled
An Act TO promote the DEVELOPMENT of tho
Mining Resourceso United States e
Be 1t enacted by md uonsa of D.
senta,ives Of the United States OF America II
ongress assembled, that the provisions of tba
IN section OF the Act entitled IAN Act to pro.