Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-06-09

a. for MS portion OF the claim, with the prop
T fees, and file the eernncate and description
hall certify the proceedings and judgment-roll
o the Cpmmissioner ofthe Land Office, as in the
lrecedinc case, and patents shall issue TO the
eversl parties according to their respective
lights Proof Of citizenship under this act, or ,
he act Of July 25th 1896, and July 2, 1870. in the
'ase Of an Individual, may consist in his own 1
.Aiaayit thereof and in case of an association Of
Dersons unincorporsted OF the affidavit o! their 4
authorized agent, inside on his own knowledge or 1
mon information and belief, and in case OF o /
corporation organized under the laws Of the !
United States or Of any State or Territory of the
Initsd states, by the filing of a certified copy of
heir charter or certificate OF incorporation; and
nothing herein contained shall be construed to
prevent the alienation of the title conveyed by
patent for mining claim to any person what
syeT.
SEC :. 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 o patent shall DE
issued rs aforesaid for claims upon unsur-
veyed lands, the Surveyor General in extending
the surveys, shall adjust the same to the boun-
darics 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.
SIC. Q. That sections one, two, three, four and
six. Of an act entitled An Act granting the right
lands, and fer other purposes, approved July
twenty-sixth, eighteen hundred and sixty-six,
are hereby repealed, but such repeal shall not
effect existing rights. Applications for patents
for mining claims now pending may be prose
cllted to q 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 net OF July twenty-sixth, eighteen
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 81
this act.
srC. 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 to vein or lode claims;
but where said placer-claims shall be upon sur
veyed lands, and conform to legal subdlNisons.
no further survey or plat snail DE required, anu
all placer mining claims hereafter located shall
conform as near US practicable with the United
States system Of public land surveys and the
rectangular subdivisions OF such surveys, ana
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 maj
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.
yided 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 he entered by any party qualihed by
law for homestead or presumption purposes.
SEC. H. That where the same person, associa-
ton corporation in possession OF 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 "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 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 on
ench 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 rate
of two dollars and fifty cents per acre, together
with all costs of proceedings; and whereayeln OF
lode such as described in the second section OF
this act is known to exist within the boundaries
of placer claim, application for patent FOL
such placer-c claim, which does not include an ap
plication for the vein or lode claim, shall be
construed conclusive declaration that thu
ella mani OF has no right OF pos
session OF the vein or lode claim; but where thu
existence of vein or lode in pacer-claim is no
known, patent for the placer-claim shall conve!
| all valuable mineral and other deposits within
| TIN boundaries thereof.
! SEC. 10 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 slirve
of vein or lode claims, and the survey and sui
| 4 f-fg ~ ,,Ia mi
| than one hundred and sixty acres, together wit
the cost of publication of notices shall be paid b
the applicants, and they shall be atliberty to OF
tain the same at the most reasonable rates, an
they snail also be of liberty to employ any Unite
| States Deputy Surveyor to make the survey
| The Commissioner of the General Land Offic
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 newspapt
published in land district where mines Ill
situated, for the publication of mining notice
in such district, and fix the rates to be charge
by such paper; and, to the end that the COMM
sioner may be fully informed on the subjec
each applicant shall file with the Register
| sworn statement of all charges and fees paid
said applicant for publication and surveys, I
gether with ali fees and money paid the Resist
and Receiver Of the land-ofhce which stateme
shall be transmitted, with the papers in Il
case. to the Commissioner of the General Ian
. Office. The fees of the Register and the +
a ceiver shall be five dollars each for filing al
/ acting upon each application for patent or a
! verse claim fled and they shall be allowed I
amount fixed by law for reducing ties
r mony to writing when done in Land Office. SUI
i fees and allowances to be paid by the respect
. | parties; and no other fees shall be charged
q , them in such cases. Nothing in this act shall
construed to enlarge or affect the rights of eth
1 party in regard to any property in controversy
n | the time of the passage of this act, or Of the
Il entitled IAN act granting the right of way
o ditch and canal owners over the public Ian,
n and for other purposes" approved July 26, IS
@ nor shall this act affect any right acquired
said act; and nothing in this act shall be CO
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 draining and
I'd ploring tunnel TO the Comstock Lode, in
or State of Nevada" approved July 25ih, 1866.
Az SEC. 10. That all affidavits required to
a made under this act, or the act to which it
q. amendatory, may be verified before any Off
m authorized to administer oaths within the l.
h. district where the claims may be situated,
i. all testimony and proofs may be taken Def
m any such officer, and, when duly certified by
" officer taking the same, shall have the same fo
~ and effect as il taken before the Register
Il Receiver of the Land Office. In cases Of cont
n. as to the mineral or agricultural character
e. land, the testimony and proofs may be takei
T. herein provided, on personal notice of at Il
70 ten days to the opposing party; or if said pa
as cannot be found, then by publfcatlon OF At ID
in once a week for thirty days in newspaper, Il
ID designated by the Register of the Land Offic
w. published nearest the location of such land;
he the Register shall require proof that such no
o. has been given.
Mt Sec. IA. That where two or more veins in
I'd sect or cross each other, priority Of title 81
Ia. govern, and such prior location shall be emit
he | to all ore or mineral contained within the 81
he of intersection: Provided, however, That
no subsequent location shall have the right of
N. through said space Of intersection for the
tn possesses of the convenient working Of the
es mine: And provided also, That where two
rs more veins unite, the oldest or prior loca
,e- shall take the vein below the point of union
n. GLIDING all the space of intersection.
er SEC. Is. That where non-minersl land
ia contiguous to the vein or lode is used or o
he pied by the proprietor of such vein or lode
he mining or milling purposes. such non-adja
Of surface ground may be embraced and inclr
ali in an application for patent for such vel
10 lode, and the same may be patented therev
on subject to the same preliminary requiem,
II as to survey and notice as are applicable III
he this act to veins or lodes: Provided, Tha
Ire location hereafter made OF such pon-adja
on land shall exceed Ave acres, and paymen
ed the same must be made at the same rate %
al by this act for the suporhcies of the lode.
rse owner of a quartz mill or reduction works
nm owning o mine in connection Herewith,
he also receive . patent for his mill-site. ~ pl
Nd ded in this section.