Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-08-29

10 shall appear, from the decision OF the court, &
that several parties entitled to separate and /
different portions Of the claim. each party may |
pay for his portion of the claim, with the prop
er fees. and file the certificate and description
by the Surveyor-Genersl, vhereupon the register |
shall certify the proceedings and judgment-roll l
10 the Commissioner of the Land Office, as in the
preceding case, and patents shall issue TO the I
several parties according to their respective
rights. Proof of citizenship under this act, or
the ac, Of July 26th 1866, and July 3, lsI0 in the
case Of an individual, may consist in his own
affidavit thereof and in case Of an association of
persons SDincorporated of the affidavit of their
authorized agent, made on his own knowledge or
upon Information and belief, and m case OF
corporation organized under .he laws Of the
United States or of any State or Territory Of the
United States. by the filing Of q certified copy of
their 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 10 any person what
ever.
SEC. 8. 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 be
issued aforesaid for claims upon unsur-
veyed 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.
l.
six. of act entitled An Act granting the right
of way to ditch and canal owners oyerthe 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are hereby repealed but such repeal shall not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 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-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 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 for
other PURPOSES approved July ninth, eighteen
| hundred and seventy, shall be and remain i'll
full force, except as to the proceedings to obtain
/ q 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 placerclaims 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 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 rs on
unsurveysd 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 presumption purposes.
SEC. IL. That where the same person. associa-
| ton or corporation in possession Of u placer
| claim, and also vein or lode included within
the boundaries thereof, application shall be
made for patent for the placer-c8im, 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 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 or
| 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 or
| lode, such described in the second section of
this act, is known to exist within the boundaries
! of placer-claim, an application for patent for
| such placer-claim, which does not include an APP
| plcation for the vein or lode claim, shall be
! construed as a conclusive declaration that the
claimant of the placer-caim has no right OF pos
session Of the vein or lode claim; but where the
existence of vein or lode in placer. claim is not
known, apatent for the placer-claim shall convey
| all valuable mineral and other deposits within
| thu boundaries thereof.
| SEC IL That the Surveyor General of the
| United States may appoint in each land district
containing mineral lands as many competen
surveyors as 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 quantities
than one hundred and sixty acres, together with
the cost of publication of notices shall be paid b!
the applicants, and they shall be at liberty to OBJ
tain the same at the most reasonable rates, ant
they shall also be at liberty to employ any United
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 Commits
sioner may be fully informed on the subject
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 Resiste
and Receiver OF the land-office which statemep
, case, to the Commissioner of the General LAND
Office. The fees of the Register and the RI
. ceiver shall be five dollars each for filing an
I acting upon each application for patent or nc
! verse claim filed, and they shall be allowed tn
, amount fixed by law for reducing test
+ mony to writing, when done in Land Office, sue
! fees and allowances to be paid by the respectiy
parties; and no other fees shall be charged b
4 them in such cases. Nothing in this act shall /
construed to enlarge or affect the rights Of etht
party in regard to any property in controversy
the time OF the passage of this act. or Of the az
4 entitled can act granting the right Of way |
tal paV -
a and for other purposes, approved July &c, iSG
0 shall this act affect any right acquired und,
said act; and nothing in this act shall be col
strued to repeal, impair or in any way affect IL
= provisions of the act entitled IAN act grantr
/, to A. sutro the right Of way and other prvileg,
a to aid in the construction Of draining and E,
d ploring tunnel TO the Comstock Lode, in Il
II State of Nevada" approved July 2oth, 1866.
y SEC. IS. That all affidavits required to
a made under this act, or the act to which it
e. amendatory, may be verified before any offic
n authorized to administer oaths within the lal
j. district where the claims may be situated, al
], all testimony and proofs may be taken befo
n any such officer, and, when duly certified by t
y officer taking the same shall have the same for
y and effect as if taken before the Register a
h Receiver OF the Land Office. In cases of cortt
l. as to the mineral or agricultural character
D. land, the testimony and proofs may be taken
t. herein provided, on personal notice of at LEI
% ten days to the opposing party; or If said par
rs cannot be found, then by publication of at les
II once week Tor tnlrty Gays In newspaper, to
d designated by tho Register of the Land Office
v published nearest the location of such land a
lie the Register shall require proof that such mott
De- has been given.
1t SEC. IA. That where two or more veins int,
ID sect or cross each other, priority of title sh
g. govern, and such prior location shall be enttl
lie to all ore or mineral contained within the sps
,e Of intersection: Provided, however, That (
lg subsequent location shall have the right of W
b. through said space of intersection for the p,
n possesses of the convenient working Of the 81
81 mine: And provided also, That where two
RS more veins unite, the Oldest or prior locati
e. shall take the vein below the point Of union,
D. Guiding all the space of intersection.
or SEC. 10. That where non-mineral land I
Is contiguous to the vein or lode is used or oc,
he pied by the proprietor of such vein or lode
'e mining or milling purposes, such nonadja ce
IF surface ground may be embraced and includ
II in an application for patent for such vein
D. lode, and the same may be patented therewit
N subject to the same preliminary requiremel
II as to survey and notice as are applicable und
ie this act to veins or lodes: Provided, That
% location hereafter made of such non-adjace
IN land shall exceed five acres, and payment
ID the same must be made at the same rate rs IL