Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-01-13

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 26th ls66 and July o. 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 .
corporation organized under this laws OF the
United States, 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 70
prevent the alienation Of the title conveyed .!
patent fer mining claim to any person what
SEC. s. That the description Of vein or lode
claims upon surveyed lands, shall designate the
location OF the claim with reference 10 the linss
of the public surveys, but need not conform
Herewith; but where q patent Snail De
issued as aforesaid for claims upon unsur-
yeyed lands, the Surveyor General in extending
the surveys, shall adjust the same TO the boun-
diaries 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 g. 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-siXth. eighteen hundred and slfty-sn,
are hereby repealed, but such repeal snail not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 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-siIth, eighteen
hundred and sixtysiX, 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.
'hat -lna act Mi
amend an act granting the right of way to ditch
and canal owners over the public lands, and Tor
other purposes, approved July ninth, eiehteeh
hundred and seventy, shall be and remain IN
full force. except 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
1 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 snail
conform near as practicable with the lnited
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
unsurveyfd lands: Provided, That proceedings
now pending may be prosecuted to their mai
determination under existing laws; but the pro-
visions of this act, when not in conflict with e1-
listing laws, shall apply to such cases: And pro.
/ yllel also, llat Wntrt DN the stsBlcSdtlOh VI
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 qualified by
law, for homestead or presumption purposes.
SEC. II. 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 be
made for patent for the placer-clslm, with the
statement hat it includes such vein or lode, and
] in oh ISlIblprt 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 a patent shall issue for the placer
claim, including such vein or lode, upon th'
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 at the rat
of two dollars and fifty cents per acre, together
with all costs of proceedings; and where aveln
lode, such as described IN the second section o
this act is known to exist within the boundarie
of n placer-claim, an application for patent 70
| such placer-claim, which does not include an ap
plication for the vein or lode claim, snail D
7 construed as a conclusive declaration that tn
ella mant of the placsr.claim has no right Of pos
n session of the vein or lode claim but where tn
existence of d vein or lode in placerclaim is nc
= known patent for the placer-claim shall sonve
L all valuable mineral and other deposits With
II thu boundaries thereof.
e SEC. - That the Surveyor General OF tn
l. United States may appoint in each land distri'
% containing mineral lands as many competel
TO surveyors as shall apply for appointment to su
1e vey mining claims. The expenses OF the suryt
IS Of vein or lode claims, and the survey and su
II division of placer claims into smaller quantiti
ie than one hundred and sixty acres, together wi
u the cost of publication of notices shall be paid
Or theapplcants and they shall be at liberty to o
al tain the same at the most reasonable rates, al
they shall also be at liberty to employ any Unite
s. States Deputy Surveyor to make the surye
'e The Commissioner of the General Land-Oh
20 shall also have power to establish the maHlmu
u charges for surveys and publication OF motto
III under this act: and, in case of excessive charg
~ for publication he may designate any newspap
III published in q land district where mines a
de situated, for the publication OF mining motto
et in such district, and fix the rates to be chsrg
III by such paper; and, to the end that the Comm
ms sioner may be fully informed on the subje
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
3D. shall be transmitted, with the papers in
rs, case, to the Commissioner OF the General Lar
re- Office The fees Of the Register and the
Ire ceiver shall be five dollars each for filing a
OF acting upon each appl cation for patent or
MS verse claim filed, and hey shall be- allowed
ct, amount fixed by law for reducing tel
or mony to writing, when Zone in Land Office, su
ION fees and allowances to be paid by the respect
er- parties: and no other fees shall be charged
ION them in such cases. Nothing in this act shall
m construed to enlarge or affect the rights of eit
at marty in regard to any property in controversy
in the time of the passage of this act or Of the
aid entitled IAN act granting the right OF way
TO ditch and canal owners over the public Ian
tm and for other purposes" approved July 26, Ii
Tho nor shall this act affect any right acquired un
said act; and nothing in this act shall be C
ned strued to repeal impair, or in any way affect
OBJ provisions of the act entitled IAN act grant
on, to A. Sutro the right of way and other privile
te to aid in the construction OF draining and
ted ploring tunnel to the Comstock Lode, in
f., or State of Nevada" approved July 25th, 1866.
nay SEC IL. That all afidavits required to
'r made under this act, or the act to which it
zee, amendatory may be verified before any off
am authorized to administer oaths within the i
di- district where the claims may be situated
raj, all testimony and proofs may be taken BET
am any such officer, and, when duly certified by
by officer taking the same. shall have the same fC
opy and effect as II taken before the Register
lch Receiver Of the Land Office. In cases Of con
cu- as to the mineral or agricultural character
pre- land, the testimony and proofs may be take
pat herein provided on personal notice Of at Il
Two ten days to the opposing party; or II said p'
1 as cannot be found, then by publication Of at i
e IN once q week for thirty days in newspaper, t
led designated by the Register of the Land ofic
ow- published nearest the location of such land;
the the Register shall require proof that such nc
no. has been given.
hat SEC. a. That where two or more veins in
iod sect or cross each other, priority Of title 3
sig govern and such prior location shall be enti
he to all ore or mineral contained within the s.
the of intersection: Provided, however That
ling subsequent location shall have the right of
it'll through said space of intersection for the
With possesses of the convenient working of the
ates mine: And provided also, That where twC
lars more veins unite, the oldest or prior loca
ove- shall take the vein below the point of union
ran cIudinp ALI the SPACE of intersection
Their SEC IL That where non-mineral land
ects contipuous to the vein or lode il used or O
the pied by the proprietor of such vein or lod,
o be mining or milling purposes, such non-adja
n Of surface ground may be embraced and melt
hall in an application for patent for such vel
no. lode and the same may be patented therev
e on subject to the same preliminary requiem
II as to survey and notice as are applicable III
the this-set to veins or lodes: Provided This
flee location hereafter made of such non-adia
ton land shall exceed five acres, and paymen
tiled the same must be made at the same rate Al