Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-10

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iffereut portions OF The claim, each party may
sy for his portion Of the claim. with the prop
r fees and file the certificate and description
y the surveyor-Genersl, whereupon the register
han certify the proceedings and judgment-roll
o the Commissioner ofthe Land Office, as in the
case, and patents shall issue to the
eyeral parties according to their respective
tights. Proof of citizenship under this act, or
he act of July 26th 1885, and July 9, 1870, in the
ase of an individual may consist in his own
fhdavit thereof, and in case of an association OF
persons unincorporated of the affidavit Of their
agent made on his own knowledge or
lpon 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 ADO
nothing herein contained shall be construed TO
prevent the alienation Of the title conveyed by
patent for u 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 10 the lines
Of the public surveys, but need not conform
Herewith; but where . patent shau oe
issued as aforesaid for claims upon unsur-
viewed lands, the Surveyor General in extending
the SURVEYS, shall adjust the same to the boun-
diaries Of such patented claims, according TO the
Mat or description thereof, but SO as in no case
to interfere with or change the location OF any
such patented claim.
six of an act entitled An Act granting the right
of way to ditch and canal owners overtime puone
lands, and for other purposes, approved July
twenty sixth. eighteen hundred and si1ty-Sa,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may be prose
cuted to o final decision IN the General Land
Office; but in such cases where adverse rignu
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, eighteeh
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 1T.
amend an act granting the right OF way to ditch
and canal owners over the pubic Janus, ana ioI
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
ings prescribed by sections SIX and seven OF TINS
act for obtaining patents to vein or lode claims;
! but where said placer-claims shall be upon sur
yeyed lands and conform to legal Subdivisions,
no further survey or plat shall be required, ana
| all placer mining claims hereafter located shali
| 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 SUD-
| division. snryev and plat shall be made as on
| unsuryeytd lands: Provided, That proceedings
now pending may be prosecuted to their hnsl
determination under existing laws; but the pro-
visions of this act, when not IN CONNECT win et-
listing laws shall apply to such cases And pro.
| yided also That where by the aggregation OF
| mineral land in any legal subdivision quantity
of agricultural land less than forty acres re-
mains, said fractional portion OF aerieuitnral
| land may be entered by any party qualined py
| 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 Dc
made for patent for the placer-clsim, with the
statement hat it includes such vein or lode, and
in such case subject to the provisions OF this
act and the act entitled An act to amend An act
granting the right of way 10 ditch and canal
0xners 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 an!
vein or lode claim shall be paid for 1t the rat
Of two dollars and fifty cents per acre together
with all costs of proceedings; and where syein o.
lode such as described in the second section o
this act is known to exist within the boundaries
. Of placer-clsim, an application for patent 10
such plscer-claim which does not include an ap
plicstion for the vein or lode claim, shall b.
construed as q conclusive declaration that tn
ella mant of the placer claim has no right Of pos
session Of the vein or lode claim; but whore tn
existence of vein or lode in placer-claim is no
known, apatent for the placer claim shall eonve
= all valuable mineral and other deposits withi
b tn. boundaries thereof.
9 SEC IL Thst the Survsyor-Geueral of tn
= United States may appoint in each land distric
0 containing mineral lands AZ many competer
0 SURVEYORS AZ shall apply for appointment to SUI
{ veg mining claims. The expenses OF the snrve
% Of vein or lode claims, and the survey and sui
division Of placer claims into smaller quantiti'
is than one hundred and sixty acres. together wit
tie cost Of publication Of notices, shall be paid
y the applicants. and they shall be at liberty to oil
n tain the same at the most reasonable rates, an
they shall also be at liberty employ any Unite
= States Deputy Surveyor to make the surve.
re The Commissioner of the General Land Omt
d shall also have power to establish the maximul
H. charges for surveys and publication OF notice
II under this act and, in case OF excessive charg
is for publication, he may designate any newspap
IL published in a land district where mines n
lie situated, for the publication Of mining motto
ct in such district and fix the rates to be charge
IL by such paper; and to the end that the Commi
rs sioner may be fully informed on the subjet
be each applicant shall file with the Register
to sworn statement of all charges and fees paid
ne said applicant for publication and surveys
en- gether with all fees and money paid the Resist
"a. and Receiver Of the land office, which stateme
d. shall be transmitted, with the papers in 8
rs case, to the Commissioner Of the General Ian
re- Once The fees Of the Register and the II
re ceiver shall be FIVE dollars each for filing d
of acting upon each application for patent Or Z
lis verse claim filed and they shall be allowed t
ct, amount fixed by law Tor reducing ties
or mony to writing when done in Land Office, SUI
on fees and allowances to be paid by the respect
er- parties and no other fees shall be charged
on them in such cases. Nothing in this act shall
m construed to enlarge or affect the rights OF eth
at party in regard to any property in controversy
in the time of the passage Of this act or OF the
I'D entitled IAN act granting the right of way
to ditch and canal owners over the public lane
i'm and for other purposes" approved July %, Is,
no nor shall this act affect any right acquired und
said act; and nothing in this act shall DO CO
ed strued to repeal, impair, or in any way affect
Do provisions of the act entitled An act grant,
,n to A. sutro the right Of way and other privileG
a to aid in the construction Of . draining and E
ed ploring tunnel to the Comstock Lode, in t
or State OF Nevada" approved July 25th, 1866.
ay SEC 10. That all afidavts required to
q made under this act, or the act to which it
&c, amendatory. may be verified before any offit
i'm authorized to administer oaths within the la
di- district where the clsims may be situated, q
al, all testimony and proofs may be taken befo
i'm any such officer, and, when duly certified by t
by officer taking the same, shall have the same 10,
Ply and effect as II taken before the Register .
CHI Receiver of the Land Once. In cases OF cont,
u as to the mineral or agricultural character
re- land, the testimony and proofs may be taken
at herein provided on personal notice Of at lie,
yo ten days to the opposing party or II said pal
as cannot be found, then by publication of at lei
in once a week for thirty days in newspaper, to
ed designated by the Register of the Land Once
W. published nearest the location Of such land; .
he the Register shall require proof that such not
los has been given. ....-.
at SEC IA That where two or more veins int
cd sect or cross each other, priority Of title sh
lg govern, and such prior location shall be entitl
he to all ore or mineral contained within the spi
he of intersection: Provided, however That
ng subsequent location shall have the right Of v
h through said space Of intersection for the p
tn possesses of the convenient working Of the 81
es mine: And provided also. That whore two
.rs more veins unite the oldest or prior locati
ve- shall take the vein below the point Of union,
IN Guiding all the space ofintersection.
Ter SEC. is. That where non-minersl land I
cts contiguous to the vein or lode il used or oct
he pied by the proprietor Of such vein or lode
be mining or milling purposes, such non adjace
Of surface ground may be embraced and includ
all in an application for patent for such vein
no. lode and the same may be patented therewi
on subject to the same preliminary requirenisl
If as to survey and notice - are applicable unt
he - A.. LODI prc~x AAI Tk.~A