Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-22

paw for his portion OF the claim with the prop
CT f5es. and file the Certificate aud description
by the suryeyor-Geueral. whereupon the register
shall certify tine proceedings s-5 .;cas.nent-roll
10 the Commissioner ofthe Land Office, as in the
preceding case, and patents shall issue 10 the
several parties according TO their respective
rights. Proof Of citizenship under this act. or
the sCl Of July 2th 1866 and July 9. 1850, in the
case Of an individual, may consist in his own
AFFIDAVIT thereof and in case OF ASSOCIATION OF
persons uninc0rpors'ed Of the sfidsyit Of their
4uthOr.ztd agent. made on his own knowledge or
upon information and belief, and in case OF a
corp0i OrgEnized under the Laws OF the
United States or OF any State or Territory Of the
United states. by the fling o; 8 certified copy Of
their charter or certificate Of Incorporation and
nothiug herein contained shall be construed to
prevent the alienation Of the title conveyed BY
patent for mining claim to any person what
ever.
SIC. s. That the description Of vein or lode
claims unon surveyed lands. shall desi ybGte the
location Of the esiin with y ference to the lines
Of the public surveys. but need not conform
Herewith but Ehere patent shall be
issued as Aforesaid for claims upon unsur-
yeyed lands, the Surveyor General in extending
the surveys, shall adjust the same to the boan-
dsries Of such patented claims, according 10 the
pla; OF description thereof, but so as in no case
20 interfere with or change the location OF any
such patented claim.
SEC 9. That sections one, two, three. four and
Fix. Of an act entitled An Act granting the right
OF way % ditch aud canal owners overthe public
lands, snd for ether purposes, approved July
tventy-siXth. eighteen huLdred and sixty-six.
are hereby repealed, but such repeal shall not
Affect existing nights. Applications for patents
for mining claims now pending may be prose
cuted to . hnal decision in the General Land
Oface. hut in such cases where adverse rights
are not Affected til rely, patents may issue ia
pursuance OF the provisions Of this act; and all
pateuts Tor mining claims heretofore issued
md no g.tt Df eighteen
hundred aud sxty-six, shall convey all the rights
and privileges conferred by this act where no
adverse rights exist ~ the time OF the passage Of
this act.
SEC. TO- That the act entitled An Act TO
amend All act granting the right Of way to ditrh
and canal owners over the public lands, and for
Ctler purposes. approved July ninth, eighteen
hundred and seventy, shall be and remain in
full force, except as 10 the proceedings to obtain
patent which shall be similar TO the proceed
inCs prescribed by sections six and seven of this
act for obtaining patents 10 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
al placer mining claims hereafter located shall
conform as neaT 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 Tor each individual claimant but where
placer-clGlIns cannot be cOnformed TO legal sub
ulFlAloD, survey anu pIaI sHhll De nlTle as On
ulsuTvey d lands. Provided, That proceedings
now pending may be pros cuted 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 cas- s: And pro
vided also That where by the segregation of
mineral land il any legal subdivision quantity
O; 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. il. That where the same person, associa-
ton or corporation in possession Of a placer
claim, and also a vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-claiin. 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
owners over the public lands, and for other pur-
poses; approved July ninth, eighteen hundred
tnd 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 on
each side thereof. The remainder OF the placer.
claim. or any placer claim not embracing ans
vein or lode claim. shall be paid for at the rate
of two dollars aud fifty cents per acre together
with all costs Of proceedings; and whereav OF
lode such as described in the second section Of
this act is known to exist within the boundaries
Of plucer-claiIn, an application for patent fol
such placer-claim, which does not include an ap
plication for the vein or lode claim, shall be
construed as a conclusive declaration that the
ella mant OF the placar-claim has no right o pos
session Of the vein or lode claim; but where the
existence Of vein or lode in placer is moi
known, patent for the placer claim shall convey
all valuable mineral and other deposits within
III boundaries thereof.
SEC. II That the surveyor General Of the
United States may appoint in each land distric
[ containing mineral lands as many competen
! surveyors as snail apply for appointment to sur
I Vcy mining claim. The expenses of the surve
| OF vein or lode claims and the survey and sub
! diyisiO Of placer claims nto smaller quantitie
I than one hundred and sixty acres, together will
the cost Of Publication of notices shall be paid b,
theapplicants, aud they shall b. at liberty to OBJ
tain the same ~ the most reasonable rates, ant
they shall also be a. liberty toemploy any Unite
/ States Deputy Surveyor to make the survey
! The Commissioner Of the General Land Oflic,
! shall also have power to establish the maximum
/ charges for surveys and publication Of notice
under this net: aud, IN case Of excessive charge
! for publication, lie may designate any newspape
! published n "a land district where mines ar
| situated, Tor the publication of mining notice
/ in such district, and fix the rates to be charge,
| by such paper and, to the end that the Commits
| siomer may be folly informed on the subjec,
( each applicant shall file with the Register
sworn statement Of all charges and fees paid b
said applicant for publication and surveys, tC
| gether with all fees and money paid the Resste
anu IN'CtlNtI VI Nllt iiIuOllCt, WHICH
shall be transmitted, with the papers in tn
case ~ the Commissioner Of the General Land
Office. The fees OF the Register and the RI
ceiver shall be five dollars each for filing an
acting upon each application for patent or at
/ verse claim fled and they shall be allowed tn
amount fixed 10y law for reducing test
mony TO writing, when done in Land Office. sue
fees and allowances 10 be paid by the respectiy
parties and no other fees shall be charged b
them In such cases. Nothing in this act shal II b
= AZ.
party IN regard to any property in controversy
the time OF the passage Of this act, or Of the &C
entitled IAN act granting the right of way
ditch and canal owners over the public landi
and for other purposes" approved July &c, 1861
nor shall this act affect any right acquired unde
said act; and nothing in this act shall be cor
strued to repeal, impair, or in any way affect tn
provisions Of the act entitled IAN act grantin
TO A. Sutro the right Of why and other privilege
to aid in the construction Of a draining and eE
ploring tunnel TO the Comstock Lode, in til
State OF Nevada" approved July 25lh, 1866.
SEC. u. That all afIidavits required to l
| made under this act, or the act to which it
Gmeudatory, may be verified before any Office
authorized to administer oaths within the Ian
district where the claims may be situated, an
all testimony and proofs may be taken befor
| any such officer, and, when duly certified by th
officer taking the same, shall have the same fore
and effect as IL taken before the r. gister an
Receiver Of the Land Office. In cases OF contes
as to the mineral or agricultural character
lend, the testimony and proofs may be taken
| herein provided, on personal notice Of at leaI
ten days to the opposing party. or if said part
| cannot be found, then by publication of at lea,
| once week for thirty days in newspaper, to
designated by tue Register of the Land Office
| published nearest the location Of such land; an
the Register shall require proof that such motto
has been given.
SEC. a. That where two or more veins inte
sect or cross each ether, priority of title shs
govern, and such prior location shall be entitle
| to all ore or mineral contained within the spac
of intersection: Provided, however, That tn
subsequent location shall have the right of wa
| through said space of intersection for the pm
| possesses Of the convenient working of the sal
mine: And provided also. That where two c
more veins unite, the oldest or prior locatio
| shall take the vein below the point of union il
! GLIDING all the space of intersection.
SEC. Is. That where non-mineral land nc
contiguous to the vein or lode is used or occr
pied by the proprietor Of such vein or lode fo
mining or milling purposes, such non-ad jacen
| surface ground may be en- braced and include
| in an application for patent for such vein Q
lode, and the same may be patented therewitl
| subject to the same preliminary Requirement,
as to survey and notice as are applicable unde
| this act to veins or lodes Provided, That n
location hereafter made of such non-ad jacer
land shall exceed Ave acres, and payment ia
the same must be made at the same rate as Axe
by this act for the superfcies of the lode. TIL
owner Of a quartz mill or reduction works. nc
owning mine in connection Herewith, ma