Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-05-29

I
+ fees. and file the certificate and description
,y the suryeyor-General, whereupon the register
shau certify the proceedings and ludgment-ron
to the Commissioner the Land Once, as IN the
Dreceaingcase, and patents shall issue TO the
several varties according TO their respective
rights. Proof Of citizenship under this act, or
the act Of July 26th 1866, and July 3 1870 in the
case Of an individual, may consist in his own
affidavit thereof and in case of an association OF
persons unincorporaied of the affidavit of their /
authorized agent made on his own knowledge or /
upon information and 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 Of 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 q 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 shaIl De
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 10 the
plat or description thereof, but so as in no case
TO interfere with or change the legation 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 oyerthe public
twenty-sixth. eighteen hundred and slxty-siG,
Gro hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims row pending may be prose
cuted TO q final decision in the General Land
Office; bu. 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-si1th, eighteen
hundred and sixty-sN, shall convey all the rights
hE
adverse rights exist at the time Of the passage OF
this act.
sec. 10. That the act entitled An Act to
amend Tn act granting the right of way to ditch
and canal owners over the public lands, and Tor
other purposes approved July ninth, eighteen
hundred and seventy, shall be and remain IL
full force except as to tho proceedings 10 OBTAIN
q patent which shall be similar TO the proceed
ings prescribed by sections six and seven OF TINS
act for obtaining patents to vein or lode claims
| but where said placer-claims shall he upon sur
| yeyed lands and conform TO legal subdivisions,
no further survey or plat shall be required, ana
all placer mining claims hereafter located snail
| conform as near as practicable with the L nlteu
| 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
| unsuryeyCd lands: Provided, That proceedings
now pending may be prosecuted to their hnai
| determination under existing laws; but the pro-
visions of this act, when not in conflict with eT-
| listing laws shall apply to such cases: 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 quallhed by
| law, for homestead or presumption purposes.
SEC. H. 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-clalm, with the
statement that it includes such vein or lode, and
| in such case tsubject TO tn" provisions of this
| act and 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 pur-
poses; approved July ninth, eighteen hundred
| and seventy a patent shall issue for the placer
| claim, including such vein or lode, upon the
payment Of five dollars per acre for such vein oil
! lode claim, and twenty-five feet OF surface OF
! each side thereof. The remainder Of the placer
| claim, or any placer claim not embracing an!
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 ayein Oh
| lode, such as described in the second section O.
| this act, is known to exist within the boundaries
| Of placer-claim, an application for patent fo
| such placer-Claim, which does not include an ap
| plicatiOn for the vein or lode claim, shall b.
| construed as a conclusive declaration that tn
claimant Of the placer-claim has no right o + pos
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
I'll, boundaries thereof.
SEC. - That the Surveyor-General OF tn
United States may appoint in each land distric
containing mineral lands as many competeI
, surveyors as shall apply for appointment to SUI
, | Vcy mining claims. The expenses of the surve
! Of vein or lode claims, and the survey and sui
division Of placer claims INTO smaller quantiti'
, than one hundred and sixty acres, together wit
the cost Of publication of notices. shall be paid
? the applicants, and they shall be atlibertytoo oil
tain the same at the most reasonable rates. an
they shall also be at liberty to employ any Unite
| States Deputy Surveyor to make the surve,
, The Commissioner of the General Land-Ofht
shall also have power to establish the maximul
charges for surveys and publication of notic'
under this act; and in case OF excessive charg
I for publication, he may designate any newspap
published in land district where mines a
: | situated, for the publication of mining motto
/ in such district, and fix the rates to be charg'
/ by such paper; and, to the end that the Commi
8 aioner may be fully Informed on the subjet
4 each applicant shall file with the Register
o sworn statement Of all charges and fees paid
@ said applicant for publication and surveys,
n gether with all fees and money paid the Resist
i. and Receiver Of the land-otiice, which stateme
shall be transmitted, with the papers in I
case, to the Commissioner of the General Lar
!, Office The fees of the Register and the
% ceiver shall be five dollars each for filing a
If acting upon each application for patent or
is ! verse claim filed and they shall be allowed I
I amount fixed by law for reducing tes
,r mony to writing, when done in Land Office, su
m fees and allowances to be paid by the respect
r. parties; and no other fees shall be charged
IN them in such cases. Nothing in this act shall
construed to enlarge or affect the rights of eit
nj party in regard to any property in controversy
in the time OF the passage of this act, or OF the
Id entitled IAN act granting the right of way
IN ditch and canal owners over the public Ian
m and for other purposes" approved July &c, Il
ho nor shall this act affect any right acquired un
said act; and nothing in this act shall be C
ed strued to repeal, impair, or in any way affect
H. | provisions of the act entitled IAN act grant
m. to A. Sutro the right of way and other privile
q "A to aid in the construction of a draining and
ed ploring tunnel to the Comstock Lode, in
or State OF Nevada" approved July 25th, 1866.
ay SEC. 10. That all affidavits required to
r a made under this act, or the act to which il
ce amendatory may be verified before any of
I'm authorized to administer oaths within the
al district where the claims may be situated,
al. all testimony and proofs may be taker. be
inn any such officer, and, when duly certifcd by
by officer taking the same, shall have the me f
nv and effect as il taken before the Reg ster
c6 Receiver of the Land. Office. In cases q. con
N. as to the mineral or agricultural characte
re- land, the testimony and proofs may be take
at herein provided. on personal notice of at |
vo ten days to the opposing party; or II said p
as cannot be found then by publication of at !
In once week for thirty days in newspaper, t
led designated by the Register of the Land Ofht
Nv. published nearest the location Of such land:
he the Register shall require proof that such NJ
no. has been given.
nat SEC. IA. That where two or more veins il
lod sect or cross each other, priority of title 6
,ip govern, and such prior location shall be emit
he to all ore or mineral contained within the s
the of intersection: Provided however, That
ing subsequent location shall have the right Of
M. through said space Of intersection for the
ith possesses of the convenient working Of the
tes mine: And provided also, That where tw
ars more veins unite, the oldest or prior loci
We. shall take the vein below the point Of unioI
an. Guiding all the space Of intersection.
her SEC. 10. That where non-mineral land
cts contiguous to the vein or lode is used or
the pied by the proprietor of such vein or lod
he mining or milling purposes, such non-adja
Of surface ground may be embraced and incl
aIi in an application for patent for such We
no lode, and the same may be patented thereN
ON subject to the same preliminary requiem
II as to survey and notice as are applicable u
fine this act to veins or lodes: Provided, tn,
Ace location hereafter made Of such non-adji
ion land shall exceed Ave acres, and paymen
led the same must be made at the same rate as
Of by this act for the superfcies of the lode.
rae owner of o quartz mill or reduction works
ON | owning a mine in connection Herewith,
be also receive patent for his mill-ste, as p
has ded in this section.
n ALI .,ta v,orxe 80 a,f- 4,