Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-06


prcoeding case. and patents shall issue to the
several parties according to their respective
rights. Proof Of citizenship under this act. or
the act u July 2ith ISIS, and July 9, $50 in the
case q an individual, may consist in his own
affidavit thereof, and in case OF an association Of
persons unincorp0rated Of the Afhdzyir Of thsiE
authorized agent. made on his own knowledge or
upon information and belief. and IN case Of
corporation organized under the laws Of the
United States, u any State or Territory Of the
United States, by the Ilins Of a certified copy Of
their charter or certificate Of Incorporation and
nothing herein contained shall be construed TO
prevent the alienation o. the title conveyed by
patent for . mining claim to any person what
ever.
SIC. 3. 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 patent shall DO
issued as Aforesaid for claims upon unsur-
yeyed 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 v That sections one. two, three. four and
six Of Al act entitled An Act granting the right
Of way 10 ditch and canal owners over the public
lands and for other purposes approved July
twcuty-si1th. eighteen hundred and siIty-siN,
are hereby repealed, but sucn repeal shall not
auEGt existing tights. AipllGAtlOus IoE patents
for mining claims now pending may be prose
cuted to a inal 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-siHth, eighteen
hundred and sixty-siX. shall convey all the rights
snC privileges conferred by this act where no
adverse rights exist at the time Of the passage Of
this act.
SEC. To- 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 10 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 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
unsurveytd 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 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 be entered by any party qualified by
law, for homestead or pre-emption purposes.
SEC. II. That where the same person, sssocia-
tion 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-claim, with this
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 oil
lode claim, and twenty-five feet Of surface OIL
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 rat,
Of two dollars and nifty cents per acre, together
with all costs of proceedings; and where avein Of
lode, such as described in the second section o.
this act, is known to exist within the boundaries
of placer-claim, an application for patent fol
such placer-C lain, which does not include an a.
plication for the vein or lode claim, shall b,
construed as conclusive declaration that thu
ella mant Of tho placer-claim has no right OF pos
session Of the vein or lode claim; but where tn
]
| known, apatent for the placer-claim shall conve
all valuable mineral and other deposits With
ths boundaries thereof.
SEC. IL That the Surveyor-General OF tn
! United States may appoint in each land distriC
containing mineral lands as many competer
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 sui
division of placer claims into smaller quantitie
than one hundred and sixty acres together wit
ha of, IA Of ha mid IA
heapplicants, and they shall be at liberty to oil
tain the same at the most reasonable rates, an
they shall also be at liberty to employ any Unite
States Deputy Surveyor to make the survey
| The Commissioner of the General Land Ofic
shall also have power to establish the maximum
charges for surveys and publication Of notice
under this act aud, in case of excessive charge
for publication, he may designate any newspapt
published in land district where mines III
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 Commit
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 t.
gether with all fees and money paid the Resistt
and Receiver Of the land-otice, which statemel
shall be transmitted, with the papers in Il
case, to the Commissioner of the General Ian,
Office. The fees of the Register and the h
Ceiver shall be five dollars each for filing al
acting upon each application for patent or a.
verse claim filed, and they shall be allowed Il
amount fixed by law for reducing ties,
mony to writing, when done in Land Office, sue
fees and allowances to be paid by the respect,
parties and no other fees shall be charged |
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 Il
entitled AN act granting the right of way
, ditch and canal owners over the public land
and for other purposes, approved July &c, lsG
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 IAN act grantil
to A. Sutro the right of way and other privileg
to aid in the construction Of draining and e.
ploring tunnel to the Comstock Lode, in Il
, State OF Nevada, approved July 2oth, 1866.
SEC. 10. That all affidavits required to
made under this act, or the act to which it
amendatOry, may be verified before any oflic
authorized to administer oaths within the laI
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 If taken before the Register al
| Receiver of the Land Office. In cases Of conte
as to the mineral or agricultural character
land the testimony and proofs may be taken
herein provided, on personal notice of at lea
ten days to the opposing party or if said par
cannot be found, thfn by publication of at lea
once week for thirty days in a newspaper, to
designated by the Register of the Land Office
published nearest the location Of such land al
the Register shall require proof that such mott
has been given.
SEC. a.. That where two or more veins int
sect or cross each other, priority Of title shs
govern, and such prior location shall be entitl
to all ore or mineral contained within the spa
of intersection: Provided, however, That d
subsequent location shall have the right of WI
through said space of intersection for the pu
possesses of the convenient working Of the sa
mine: And provided also, That where two
, more veins unite, the oldest or prior locate
shall take the vein below the point of union, i
Guiding all the space of intersection.
SEC. Is. That where non-minera land n
| contiguous to the vein or lode is used or occ
, pied by the proprietor of such vein or lode
, 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 Requirement
+ 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 as FIX
. by this act for the superfcies Of the lode. II
, owner of q quartz mill or reduction works, n
, owning mine in connection Herewith, m
, also receive a patent for his nj site, as pro'
, ded in this section.
SEC. 16. That all acts and parts of acts inco
D sistent herewith are hereby repealed Provide
a That nothing contained in this act shall be co