Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-04-03

pay a.. his porzion 0. the claim, viii the Prop
= fsss, Ard ale the cer-i.ea-= and deszr1psi1n
by liz survey ur-tJsEsral. vAs-szra1 the Register
shall certify TIE r-ooeeeings and i1iznen.-roI
y The CozU1ss-n1er q the Land O4ee. ~ N the
Preceding CO.. and patents shan issue 10 the
several parties according 70 their respective
rights Prod 9. eitlzenship under this act, or
TIE a. = July sth Isdk AID zly :. ls1o. Il the
eass q II in1iyidl1l. ma. consist IN his oEn
Efsd1yit thereot Ard n case Of an associ4ti1a q
I-rsgEzs uninco-Tsar4ied q the A11sFis q Their
Eurhurizsd sssni, tl4.ds On his osr knovisiEs or
EloE iDto-z41Elon and BELIEF, and /. ca-e Of .
e1rpor1tisn OrgEniLed under the laws Of the
United states or q any State Territory O. the
United states. By the tltng q . certified cofy d,
tke-r charter q certificate of taeorpo-z:ioE a-c
DotkilE 1ereIn Contained shAl be coustr1ed 20
FrevHui the alignEttgn q tie title conveyed By q
patent t0r mining clAiE 10 Any persoc What
ever.
SIC 5. That TIE description Q, vein or lode
Claims. upon surveyed lands, shall designate the
loeztgu q the clsiI4 With rsferenes 20 the lines
q the pablic surveys. bat he'd no: o0lforl
Herewith but Ehere patent khAll Be
issaed - gfarsEaiI fer claims upon unsur-
yeyed LANDS, tie surveyor Generzl in srtsnding
the surveys. shall adjust the same TO the boEn-
dErics e s=-k Fz;e.tei claims, sco0riing TO the
plat or description Thereof. but 90 ~ IN 10 case
70 interfere with o. change the location Of any
zach patented clhin.
SIC .. That sections che, two, three four AID
iii q a. at entitled An Act granting the right
( a way 70 ditEh and canal OEners Oyerihe public
lands and fUr CthsF purpoe.s.' approved July
tweuty-sIIth. eighteen hUIdrsd and sl1ty-siK,
are hsrsby rrpealed. but such repeal shall not
E1-ct existing Tl2htz. AEplicStlOl- for patents
for mining claims nov pending may be rose
. cgted 70 : tnal decision IN the Generll Land
Cfaoc. but IL sgrh csses where sdyerse right
are not se.eted thfreby, patents may issue in
prrsu4llrr q the provisions q this act and ell
patent, for tanning claims heretofore issued
/ under the At q July twenty-strfh eizhtetI
hundred and sI1fy-sI, shall convey all the rights
and privileges conferred by this act vhere 10
adverre rights exist At the time q the passage Of
this at.
ST.. 10. That the act entitled An Act t.
amend an act granting the right Of way 10 ditch
and canal OVuers over the public lands, and iol
oihrr pErposes.' approved July ninth, eighteen
: hundred and seventy. shall be and remain in
full force. except a. To the proceedings 10 obtain
= paieut-whicA shall b. similar 10 the proceed
ings prescribed IS sections six and seven Of this
. act Tor Obtaining patents 70 vein or lode claims
. but WheFe said plzcsr-cl.ims shall be upon SUI
I ysyed lands, and conform TO legal subdivisions
10 further survey OF plat shall be required, and
all placer mining claims hereafter located shall
conform as Dear a. practicable with the United
States system u public land surveys and the
rectangular Subdivisions Of such surveys, and
I no such location shall include more than twenty
Ecres for each individual claimant. but wher,
. plsceT-claims cannot be e0nfJrrnsd 70 legal sub
/ division. survey and plat shall b made az o.
uuEuTyeyFd lands: Provided, That proceeding,
. determination under existing laws but the pro
visions Of this act, when not in conflict with Ell
listing LAVE shsn apply to such cases: And pro
vited also. That where by the aggregation Of
mineral land in any legal subdivision quantity
. Of agricultural land less than forty acres NJ
mains, said fractional portion Of Agriculture
land may be entered by any party qualified By
law, for homestead or pre-enption purposes.
SIC, II. That where the same person, assOcis
ton or corporation in possession Of a placer
. claim, and Alsu vein or lode included within
the boundaries thereof, application shall b
made for patent for the plscer-clAim, with the
STATE peut that it includes such vein or lode, and
il such cAst subject to the provisions OF thl,
at and the act entitled "An act TO amend an sc
granting the right q way 10 ditch and cana
owuers 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 tn
payment Of Eve dollars per acre for such vein O
lode claim, and twenty-five feet Of surface Of
each side thereof. The remainder Of the placer
claim. or any placer claim not embracing AL,
vein or lode claim shall be paid for at the rat
q two dollars and fifty cents per acre, tOgethe
with 81 costs Of proceedings; and where avein 0
lode such r described il the second section 0
THE act. i-knOWu to exist within the bOundErie
Of q placer claim, an application for patent 70
such placrr-Claim, which does not include an az
plicstiCu ior the vein or lode claim, shall b
construed a. a conclusive declaration that tn
ella mEut OF tho p.Acer-Cl lain has no right II pos
session u the vein nr lode claim: but where tn
existence of 3 vein or lode in plaCerclaim Is no
known, patent fgr the plAcer-ClAim shall conve
all valuable mineral and other deposits With
tn boundaries thereof
SIC Il That the Surveyor General OF I'll
p United States may appoint in each land distri,
D containing mineral lands as many competei
o surveyors t. shall apply for appointment to su
G vey mining claims. The expenses Of the sury,
S OF vein OF lode claims, and the survey and su
{ divisio. II placer claims INTO smaller quEntiti
. ytAE tytx5 fb.rt
the cost Of publication Of notices shall BE- paid
: the applicants, and they shall he stliberty to o.
! tain the same at the most reasonable rates, al
they shall also be at liberty to employ any Unite
i States Deputy surveyor TO make the surve
G The Commissioner Of the General Land ON,
! shall also have power to establish the ma1imul
? charges for surveys and publication Of notic
! under this act; and, in case of excessive cRarg
: for publication, he may designate any newspap
i published in land district where mines a
e . situated, for the publication Of mining motto
in such district, and fix the rates TO be charg'
j by such paper; and. to the end that the Commi
5 sioner may he fully informed On the subjeC
. each applicant shall hle with the Register
0 sworn statement If all charges and fees paid
@ said applicant for publication and surveys,
II gether with all fees and money paid the Resist
l. and Receiver Of the land-1fice. which stateme
|, shall be- transmitted, with the papers in (
s, case to the Commissioner Of the General Lau
= Office. The fees of the Register and the i
e Ceivrr shall he five dollars each for filing q
4 acting upon each application for patent
Is verse claim filed, and they shall be allowed I
I, amount fixed by law for reducing ties
II mony to writing, when done in Land Office, su
N fees and allowances to be paid by the respect
r parties and no other fees shall lie charged
N them In such eases. Nothing in this act shall
a. construed to enlarge or affect the rights Of eitl
II party in regard to any property in controversy
in the time OF the passage of this act, or Of the
ID entitled An act granting the right Of way
to ditch and canal owners over the public Ian
IN and for other purposes, approved July &c, Is
10 nor shall this act affect any rig acquired unG
said act; and nothing in this act shall be CT
I'd strued to repeal, impair, or in any way affect
b provisions Of the act entitled IAN act grant
n, To A. sutrO the right of way and other privile,
a to aid in the construction Of d draining and ,
ed pl0ring tunnel to the Comstock Lode, in
or state Of Nevada, approved July 25th, 1866.
ay SIC. - That all affidayits required to
made under this act, or the act to which it
r. amendatory, may be verified before any off
IN authorized to administe oaths within the Ia
IL district where the claims may be situated, q
II, all testimony and proofs may be taken bef
III any such officer, and, when duly certified by
by officer taking the same shall have the same 10
oy and effect as If taken before the Register a
N Receiver OF the Land Office. In cases of cont
u as to the mineral or agricultural character
e. lsnd, the testimony and proofs may be taken
" herein provided on personal notice Of at lie
90 ten days to the opposing party; or if said pa
as cannot be found, then by publication Of at lie
ed designated by tue Register Of the Land Once
W. published nearest the location of such land;
he the Register shall require proof that such no,
o. has been given.
at SEC. IA. That where two or more veins in,
Cd sect OF cross each other, priority Of title st
g- govern, and such prior location shall be EMIT
he to all ore or mineral contained within the SD
he Of intersection: Provided, however That
ng subsequent location shall have the right of ,
n / through said space Of intersection for the u
IN possesses of the convenient working .of the :
&c mine: And provided also, That where two
RS more veins unite, the oldest or prior locst
e. shall take the vein below the point Of union
n Guiding all the space of intersection.
er SEC. Is That where non-mineral land
rs contiguous ito the vein or lode is used or oc
he pied by the proprietor Of such vein or lode
be mining or milling purposes, such non-adjac
OF surface ground may be embraced and inclut
VI In an application for patent for such vein
o. lode, and the same may be patented therewi
On subject to the same preliminary requirenie
III as to survey and notice as are applicable IN,
he this act to veins or lodes Provided, That
ce location hereafter made Of such non-adjsc
on land shall exceed FIVE acres, and payment
ca the same must be made at the same rate as fl,
DE- by this act for the superfcies of the lode. I
We owner of a quartz mill or reduction works,
m owning mine in connection Herewith, n
he also receive a patent for his mill site as pro
as ded in this section.
SEC. 16. That all acts and parts Of acts inc,
be Sigttut herr ut her. lr "A