Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-18

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 judgment-roll
to the Commissioner ofthe 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 Goth 1866 and July 2, 1870 in the
case OF an individual, may consist in his own
affidavit thereof and in case Of an association Of
persons unincorporated of the affidavit of their
authorized agent, made on his own knowledge or
upon Information and belief, and in case of q
corporation organized under the laws Of the
United States or Of any State or Territory Of the
United States, by the filing Of 3 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 q
patent for mining claim to any person what
ever,
SIC. s. That the description Of vein or lode
claims. upon surveyed lands, shall designate the
location of the claim with reference othe lines
of the public surveys, but need not conform
herewith; but where patent shall be
issued as aforesaid for claims upon unsur-
veyed 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 pnblic
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are hereby repealed, but such repeal shall not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 all
49,, xAl
under the act of July twenty-sixth, eighteen
hundred and sixty 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 20 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, 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
unsurveyed 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-
vided also. That where by the aggregation OF
mineral land in any legal subdivision q 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 pre-emption purposes
SEC. IL. That where the same person, associa
ton or corporation in possession OF o 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
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 rats
Of two dollars and fifty cents per acre, together
with all costs of proceedings; and where vein OF
lode, such as described In the second section Of
this act, is known to exist within the boundaries
of u placer-claim, an application for patent fol
plication for the vein or lode claim, shall bt
construed as q conclusive declaration that tn,
claimant of the placer-claim has no right Of pos
session Of the vein or lode claim; but where tn,
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
the boundaries thereof.
SEC. IL 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 SUI
| yey mining claims The expenses of the surve
| of vein or lode claims, and the survey and sub
division of placer claims into smaller quantitie
| than one hundred and sixty acres, together witt
the cost publication Of notices shall be paid b.
theapphcants, and they shall be at liberty to oh
tain the same at the most reasonable rates, an,
they shall also be at liberty to employ any Unitet
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, 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 charges
| by such paper; and to the end that the Commits
| soner may be fully informed on the subject
| each applicant shall file with the Register
| sworn statement of all charges and fees paid b
| said applicant for publication and surveys, te
| gether with all fees and money paid the Resiste
and Receiver Of the land-office, which statemer
| shall be transmitted, with the papers in tn
case to the Commissioner Of the General Lane
1 Office. The fees of the Register and the r,
| ceiver shall be five dollars each for filing an
| acting upon each application for patent or az
verse claim filed, and they shall be allowed II
amount fixed by law for reducing test
mony to writing, when done in Land Office, sue
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 eth,
party in regard to any property in controversy
the time of the passage Of this act. or Of the q,
entitled IAN act granting the right Of way
ditch and canal owners over the public land
and for other purposes" approved July &c, 1856
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 grantir
to A, sutro the right Of way and other privileg'
to aid in the construction of a draining and e.
ploring tunnel to the Comstock Lode, in Il
State of Nevada" approved July 25th, 1866.
SEC. ID. That all sfidavits required TO
made under this act, or the act to which it
amendatory, may be verified before any offic
authorized to administer oaths within the lal
district where the claims may be situated, al
all testimony and proofs may be taken befo
any such officer, and, when duly certified by Il
officer taking the same. shall have the same for
and effect as II taken before the Register q
Receiver Of the Land Office. In cases OF cortt
as to the mineral or agricultural character
land, the testimony and proofs may be taken
herein provided, on personal notice of at Les
ten days to the opposing party; or If said par
cannot be found, then by publication of at les
once week for thirty days in q newspaper, to
designated by the Register of the Land Office
published nearest the location of such land a
the Register shall require proof that such mott
has been given.
SEC. IA. That where two or more veins int,
sect or cross each other, priority of title shi
govern, and such prior location shall be entitl
to all ore or mineral contained within the spa
| Of intersection: Provided, however That I
subsequent location shall have the RIGHT of "
through said space Of intersection for the D,
possesses Of the convenient working of the 81
mine: And provided also, That where two
more veins unite, the Oldest or prior locati
shall take the vein below the point of union,
Guiding all the space of intersection.
SEC. Is. That where non-mineral land 7
contiguous to the vein or lode is used or oct
pied by the proprietor Of such vein or lode 1
mining or milling purposes, such non-adjace
surface ground may be embraced and includ
in an application for patent for such vein
lode, and the same may be patented therewit
subject to the same preliminary requirenien
as to survey and notice as are applicable und
this act to veins or lodes: Provided, That
location hereafter made of such non-adjace
land shall exceed five acres, and payment
the same must be made at the same rate q fix
by this act for the superfcies of the lode. II
owner Of quartz mill or reduction works, n
owning mine in connection Herewith, M
also receive patent for his mill.site. as pro,
ded in this section.
Srr 16 That all scfe and N. 40 ~ scts ;n.o