Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-07-11

eversl parties accounting TO their respective
ights. Proof of citizenship under this act. or |
be act Of July 2sth 1866 and July ., 1870, in the
ass Of an individual, may consist in his Owl /
fndsyit thereof and in case of an association of
ersons unincorp0rated of the afiidavi, Of their !
agent, made on his own knowledge or
IpoR information and belief, and in case Of 6
orpcratiJn organized under the laws OF the
Jnited States q any State or Territory Of the
1nited States, 10y the filing Of a certified copy OF
heir charter OF certificate of incorporation; and
nothing herein contained shall be construed 70
,reyent the alienation of the title conveyed by
,atent for a mining claim to any person what
Iyer.
SEC g, That the description OF vein or lode
,laims, upon surveyed lands shall designate the
location of the claim with reference TO the lines
If the public surveys, but need not conform
herewith; but where q patent shall be
ssued as aforesaid for claims upon unsur-
yeyed lands the Surveyor General In extending
the surveys, shall adjust the same to the boun-
iaries 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. .. That sections one, two, three, four and
six, Of an act entitled An Act granting the rght
of way TO ditch and canal owners overthe public
lands, and for other purposes, approved July
twenty-siXth. eighteen hundred and sixty-six,
are hereby repealed, but such repeal shall not
affect existing rights. Applications for patents
for mining claims now pending may lie prose
cuted 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 ISSUE.
under the net Of July tventy-sixth, eighteen
hundred and sixty six, shall convey all the rights
and privileges conferred by this act where no
adverse rights exist st the time of the passage Of
this act.
SEC. 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 Tor
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 TINS
act for obtaining patents to vein or lode claims
but where said placer-elaims shall be upon sur
yeyed lands, and conform TO legal SUBDIVISIONS
no further survey or plat shall be required, and
all placer mining claims hereafter located snail
conform us near as 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
plecer-claims cannot be conformed to legal SUBJ
division, survey and plat shall be made as on
unsurvey' lands. Provided, That proceedings
now pending may be prosecuted TO their hnsl
determination under existing laws; but the pro-
visions Of this act when not in conflict with er.
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 presumption purposes.
SEC. IL That where the same person, associa-
ton or corporation in possession or placer
claim, and also vein or lode included within
the boundaries thereof, application shall be
made for a patent for the plaCer-claim, with the
statement hat 1t 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 10 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
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 rate
of two dollars and fifty cents per acre, together
with all costs Of proceedings; and where vein OF
lode, such as described in the second section OF
this act, is known to exist within the boundaries
Of placer-claim, an application for patent fol
such placer-claim, which does not include IN ap.
plication for the vein or lode claim, shall be
construed as conclusive declaration that the
ella mant Of the placer-claim has no right of pos
session OF the vein or lode claim; but where the
existence of vein or lode in placer.claim is moi
known, a patent for the placer-claim shall convey
all valuable mineral and other deposits within
tn boundaries thereof ...-
SEC. IL That the Surveyor OF the
United States may appoint in each land distric
containing mineral lands as many competen
surveyors shall apply for appointment to sur
vey mining claims. The expenses of the surve,
Of vein or lode claims, and the survey and sub
| division of placer claims INTO smaller quantitie
| than one hundred and sixty acres together witt
the cost Of publication of notices shall be paid b.
the applicants and they shall be at liberty to oh
he a
they shall also be at 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 newspape
| published in a land district where mines ar
! 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 Commi,
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-office, which statemeI
shall be transmitted, with the papers in II
case. to the Commissioner of the General Ian,
Office. The fees Of the Register and the X
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
l
mony to writing, when done in Land Office, sue
fees and allowances to be paid by the respecti'
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 a
entitled IAN act granting the right Of way
ditch and canal owners over the public land
and for other purposes" approved July &c, 1876
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 q draining and e
! ploring tunnel to the Comstock Lode, in T.
r State OF Nevada" approved July 25ih, 1866.
' SEC. 10. That all affidavits required to
i made under this ~ct, or the act to which it
. amendatory, may be verified before any offic
a authorized to administer oaths within the Ia
/. district where the claims may be situated, a
all testimony and proofs may be taken befc
. any such officer, and, when duly certified by I
' officer taking the same, shall have the same fol
= and effect as If taken before the Register a
, Receiver of the Land Office. In cases Of cont
as to the mineral or agricultural character
land, the testimony and proofs may be taken
herein provided, on personal notice of at lie
D ten days to the opposing party; or II said pa
) cannot be found, then by publication Of at lie
4 once week for thirty days in newspaper, to
/ designated by the Register Of the Land Office
: published nearest the location of such land q
9 the Register shall require proof that such not
: has been given.
/ SEC. IA. That where two or more veins In,
! sect or cross each other, priority of title 81
|. govern, and such prior location shall be EMIT
e to all ore or mineral contained within the SD
e of intersection: Provided, however, That
o subsequent location shall have the right of '
l. through said space Of intersection for the p
h possesses OF the convenient working of the !
- mine: And provided also, That where two
& more veins unite the oldest or prior locat
J. shall take the vein below the point Of union,
/. GLIDING all the space of intersection.
r SEC. 10. That where non-mineral land
a contiguous to the vein or lode is used or oC
q pied by the proprietor of such vein or lode
e mining or milling purposes such non-adjac
f surface ground may be embraced and inclu
Il in an application for patent for such veir
) lode, and the same may be patented therew
n subject to the same preliminary requirenie
If as to survey and notice as are applicable IN
e this act to veins or lodes; Provided, That
q location hereafter made Of such non-adjac
n land shall exceed nve acres, and payment
d the same must be made at the same rate a
I. by this act for the superhcies Of the lode. .
70 owner of . quartz mill or reduction works,
m owning . mine In connection Herewith, I
10 also receive patent for his mill.site a. Or,
u ded In this section. t
Sec. Is That all acts and parts Of acts int
,e sistent herewith are hereby repealed: Provi(
,e That nothing contained in this act shall be
,e strued to impair, in any way, rights or inter
a in mining property acquired under existing Ia
D Approved May 10. 1872.
ii CHAP. CCXIv.-An Act to amend an Act enti
n An Act to promote the Development Of
3. Mining Resources United States
II Be it enacted byt and House Of I
n resentaiiyes of the United States Of Americ